California Code of Regulations

TITLE 8. Industrial Relations

Division 1. Department of Industrial Relations

Chapter 1. Division of Workers' Compensation -- Qualified Medical Evaluator Regulations

Article 1. General

§1. Definitions.

Note • History

As used in the regulations in Chapter 1:

(a) “Accreditation” means the conferring of recognized status as a provider of physician education by the Administrative Director.

(b) “ACOEM” shall have the same meaning as section 9792.20(a), and “ACOEM Practice Guidelines” shall have the same meaning as section 9792.20(b) of Title 8 of the California Code of Regulations.

(c) “Administrative Director” means the administrative director of the Division of Workers' Compensation of the State of California Department of Industrial Relations, and includes his or her designee.

(d) “Agreed Panel QME” means the Qualified Medical Evaluator described in Labor Code section 4062.2(c), that the claims administrator, or if none the employer, and a represented employee agree upon and select from a QME panel list issued by the Medical Director without using the striking process. An Agreed Panel QME shall be entitled to be paid at the same rate as an Agreed Medical Evaluator under section 9795 of Title 8 of the California Code of Regulations for medical/legal evaluation procedures and medical testimony.

(e) “AMA Guides” means American Medical Association, Guides to the Evaluation of Permanent Impairment [Fifth Edition].

(f) “AME” means Agreed Medical Evaluator, a physician selected by agreement between the claims administrator, or if none the employer, and a represented employee to resolve disputed medical issues referred by the parties in a workers' compensation proceeding.

(g) “Appeals Board” means the Workers' Compensation Appeals Board within the State of California Department of Industrial Relations.

(h) “Audit” means a formal evaluation of a continuing education program, disability evaluation report writing course, or an accredited education provider which is conducted at the request of the Medical Director.

(i) “Comprehensive Medical-Legal Evaluation” means a medical evaluation performed pursuant to Labor Code Sections 4060, 4061, 4062, 4062.1, 4062.2 or 4067 and meeting the requirements of section 9793(c) of Title 8 of the California Code of Regulations.

(j) “Claims Administrator” means the person or entity responsible for the payment of compensation for any of the following: a self-administered insurer providing security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a self-administered self-insured employer, a group self-insurer, an insured employer, the director of the Department of Industrial Relations as administrator for the Uninsured Employers Benefits Trust Fund (UEBTF) and for the Subsequent Injuries Benefit Trust Fund (SIBTF), a third-party claims administrator for a self-insured employer, insurer, legally uninsured employer, group self-insurer, or joint powers authority, and the California Insurance Guarantee Association (CIGA). The UEBTF shall only be subject to these regulations after proper service has been made on the uninsured employer and the Appeals Board has obtained jurisdiction over the UEBTF by joinder as a party.

(k) “Continuing Education Program” means a systematic learning experience (such as a course, seminar, or audiovisual or computer learning program) which serves to develop, maintain, or increase the knowledge, skills and professional performance of physicians who serve as Qualified Medical Evaluators in the California workers' compensation system.

(l) “Course” means the 12 hours of instruction in disability evaluation report writing which is required of a Qualified Medical Evaluator prior to appointment. A course must be approved by the Administrative Director.

(m) “Credit Hour” means a sixty minute hour. A credit hour may include time for questions and answers related to the presentation.

(n) “Direct medical treatment” means that special phase of the physician-patient relationship during which the physician: (1) attempts to clinically diagnose and to alter or modify the expression of a non-industrial illness, injury or pathological condition; or (2) attempts to cure or relieve the effects of an industrial injury.

(o) “Distance Learning” means an education program in which the instructor and student are in different locations, as in programs based on audio or video tapes, computer programs, or printed educational material.

(p) “DEU” is the Disability Evaluation Unit under the Administrative Director responsible for issuing summary disability ratings.

(q) “Education Provider” means the individual or organization which has been accredited by the Administrative Director to offer physician education programs. There are two categories of providers: (1) the Administrative Director; and (2) individuals, partnerships, or corporations, hospitals, clinics or other patient care facilities, educational institutions, medical or health-related organizations whose membership includes physicians as defined in Labor Code section 3209.3, organizations of non-medical participants in the California workers' compensation system, and governmental agencies. In the case of a national organization seeking accreditation, the California Chapter or organization affiliated with the national organization shall be accredited by the Administrative Director in lieu of the national organization.

(r) “Employer” means any employer within the meaning of Labor Code section 3300, including but not limited to, any of the following: (1) an uninsured employer and the Uninsured Employers Benefits Trust Fund (UEBTF) pursuant to Labor Code Section 3716, (2) an insured employer, (3) a self-insured employer and (4) a lawfully uninsured employer. The UEBTF shall only be subject to these regulations after proper service has been made on the uninsured employer and the Appeals Board has obtained jurisdiction over the UEBTF by joinder as a party.

(s) “Evaluator” means any of the following: “Qualified Medical Evaluator”, “Agreed Medical Evaluator”, “Agreed Panel QME” or “Panel QME”, as appropriate in a specific case.

(t) “Follow-up comprehensive medical-legal evaluation” means a medical evaluation performed pursuant to Labor Code sections 4060, 4061, 4062, 4062.1, 4062.2 or 4067 and meeting the requirements of Section 9793(f) of Title 8 of the California Code of Regulations.

(u) “Medical Treatment Utilization Schedule” or “MTUS” means the treatment utilization scheduled adopted by the Administrative Director of the Division of Workers' Compensation as required by Labor Code section 5307.27 and sections 9792.20 et seq of Title 8 of the California Code of Regulations.

(v) “Medical Director” means the Medical Director appointed by the Administrative Director pursuant to Labor Code section 122 and includes any Associate Medical Directors when acting as his or her designee.

(w) “Mental health record” means a medical treatment or evaluation record created or reviewed by a licensed physician as defined in Labor Code section 3209.3 in the course of treating or evaluating a mental disorder.

(x) “Panel QME” means the physician, from a QME panel list provided by the Medical Director, who is selected under Labor Code section 4062.1(c) when the injured worker is not represented by an attorney, and when the injured worker is represented by an attorney, the physician whose name remains after completion of the striking process or who is otherwise selected as provided in Labor Code section 4062.2(c) when the parties are unable to agree on an Agreed Panel QME.

(y) “Physician's office” means a bona fide office facility which is identified by a street address and any other more specific designation such as a suite or room number and which contains the usual and customary equipment for the evaluation and treatment appropriate to the physician's medical specialty or practice.

(z) “Qualified Medical Evaluator (QME)” means a physician licensed by the appropriate licensing body for the state of California and appointed by the Administrative Director pursuant to Labor Code section 139.2, provided however, that acupuncturist QMEs shall not perform comprehensive medical-legal evaluations to determine disability.

(aa) “QME competency examination” means an examination administered by the Administrative Director for the purpose of demonstrating competence in evaluating medical-legal issues in the workers' compensation system. This examination shall be given at least as often as twice annually.

(bb) “QME competency examination for acupuncturists” means an examination administered by the Administrative Director for the purpose of demonstrating competence in evaluating medical-legal issues in the workers' compensation system which are not pertinent to the determination of disability, but should be understood by acupuncturist QMEs. This examination shall be given at least as often as twice annually.

(cc) “Significant Financial Interest or Affiliation Held by Faculty”, as used in sections 11.5, 14, 55, 118 and 119 pertaining to faculty of approved disability report writing or continuing education courses under these regulations, means grant or research support; status as a consultant, member of a speakers' bureau, or major stock shareholder; or other financial or material interest for the program faculty member or his or her family.

(dd) “Specified Financial Interests” means having a shared financial interest that must be reported or disclosed pursuant to sections 11, 17, 29, 50 or on the “SFI Form 124” attached to QME Form 100, 103 or 104 as required by these regulations.

(ee) “Supplemental medical-legal evaluation” means a medical evaluation performed pursuant to Labor Code sections 4060, 4061, 4062, 4062.1, 4062.2 or 4067 and meeting the requirements of section 9793(l) of Title 8 of the California Code of Regulations.

(ff) “Treating physician” means a physician who has provided direct medical treatment to an employee which is reasonably required to cure or relieve the effects of an industrial injury pursuant to section 4600 of the Labor Code.

(gg) “Unrepresented employee” means an employee not represented by an attorney.

NOTE

Authority cited: Sections 53, 133, 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 5307.3, Labor Code. Reference: Sections 139.2, 139.3, 139.31, 139.4, 139.43, 3716, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067, 4600, 4604.5 and 4660-4664, Labor Code.

HISTORY

1. Repealer and new section filed 8-1-94; operative 8-31-94 (Register 94, No. 31). For prior history, see Register 93, No. 38.

2. Change without regulatory effect amending subsections (c), (g), (h), (k) and (p) filed 9-19-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 38).

3. Amendment of subsections (d) and (f), repealer and new subsection (m), amendment of subsections (n) and (o), new subsections (p) and (q) and subsection relettering, and amendment of newly designated subsection (r) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

4. New subsection (s) and subsection relettering filed 6-3-97; operative 7-3-97 (Register 97, No. 23).

5. Amendment of subsections (f) and (r) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

6. New subsections (a) and (e), repealer of former subsection (f), new subsections (h), (j), (k), (m), (r) and (x) and subsection relettering filed 10-16-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 42). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.

7. New subsections (a) and (e), repealer of former subsection (f), new subsections (h), (j), (k), (r) and (x) and subsection relettering refiled 5-2-2001 as an emergency; operative 5-2-2001 (Register 2001, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-30-2001 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 5-2-2001 order, including further amendment of section, transmitted to OAL 7-12-2001 and filed 8-23-2001 (Register 2001, No. 34).

9. Amendment of chapter heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 2. QME Eligibility

§10. Appointment of QMEs.

Note • History

(a) Applications for appointment as a QME shall be submitted on the form in section 100 (QME Form 100). The completed application form, and any supporting documentation as required by the application, shall be filed at the Administrative Director's office listed on the form in section 100. Upon his or her approval of each application form and supporting documentation, the Administrative Director shall certify, as eligible to sit for the QME competency examination, those applicants who meet all of the statutory and regulatory eligibility requirements. Any application for appointment may be rejected if it is incomplete, contains false information or does not contain the required supporting documentation listed in section 11.

(b) The Administrative Director may deny appointment or reappointment to any physician who has performed a QME evaluation or examination without valid QME certification at the time of examining the injured worker or the time of signing the initial or follow-up evaluation report. An applicant serving a period of probation imposed by the applicant's professional licensing board or agency may be allowed to take the QME examination while on probationary license status. Applications for appointment or reappointment from physicians who are on probationary license status with a California licensing board or agency while the QME application is pending shall be reviewed by the Medical Director on a case-by-case basis consistent with the provisions of Labor Code section 139.2(m).

(c) No physician who has been convicted of a felony or misdemeanor related to his or her practice shall be appointed or reappointed as a QME. An applicant who has been convicted of any other type of felony or misdemeanor may be denied appointment or reappointment.

(d) Any physician who, while under investigation or after the service of a statement of issues or accusation for alleged violations of these regulations or the Labor Code, withdraws his or her application for appointment or reappointment, resigns or fails to seek reappointment as a QME, shall be subject to having the disciplinary process reactivated whenever an application for appointment or re-appointment is subsequently filed. In the event any of the alleged violations are found to have occurred, the physician's application for appointment or reappointment may be denied by the Administrative Director.

NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code; and Section 730, Business and Professions Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1 and 4062.2, Labor Code; and Section 730, Business and Professions Code.

HISTORY

1. Relocation of article 2 heading and new section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§10.1. The Application for Appointment as Qualified Medical Evaluator Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 133, 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect updating QME Application Form filed 6-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).

3. Change without regulatory effect amending specialty codes filed 10-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 41).

4. Change without regulatory effect amending QME Application form and adding MAP specialty code filed 12-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).

5. Change without regulatory effect amending MD/DO specialty codes filed 6-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).

6. Change without regulatory effect amending MD/DO speciality codes and updating form revision date filed 4-15-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 16).

7. Change without regulatory effect amending QME appointment application form filed 8-19-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 34).

8. Change without regulatory effect amending MD/DO specialty codes and updating form revision date filed 7-12-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 29).

9. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§10.1A. Reappointment Application as Qualified Medical Evaluator Form. [Repealed]

History

HISTORY

1. Change without regulatory effect adding new section filed 6-20-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).

2. Change without regulatory effect repealing section and adding new section filed 4-16-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 16).

3. Change without regulatory effect amending block 2, item 3 and verification statement in block 5 filed 8-12-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 33).

4. Change without regulatory effect amending block 5 filed 10-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 44).

5. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§10.2. The QME Fee Assessment Notice Form.

Note • History

Embedded Graphic 08.0001

Embedded Graphic 08.0002

NOTE

Authority cited: Sections 133, 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Repealer and new section filed 6-7-99 as an emergency; operative 6-7-99 (Register 99, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-5-99 or emergency language will be repealed by operation of law on the following day.

3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 3).

4. New section filed 1-19-2000; operative 1-19-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 3).

§10.5. [Reserved]

Note • History

NOTE

Authority cited: Sections 139 and 139.2. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 139.2, 5307.3 and 5307.4, Labor Code; and Section 11507 et seq., Government Code.

HISTORY

1. New section filed 11-5-98; operative 12-5-98 (Register 98, No. 45).

2. Change without regulatory effect repealing and adding new Form 10.5, Rev. 5/99 (incorporated by reference) filed 7-12-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 29).

3. Amendment of subsections (e)(1), (e)(3) and (i) and repealer of subsections (i)(1)-(6) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§11. Eligibility Requirements for Initial Appointment as a QME.

Note • History

The Administrative Director shall appoint as QMEs all applicants who meet the requirements set forth in Labor Code Section 139.2(b) and all applicants:

(a) Shall submit the required supporting documentation:

(1) Copy of current license to practice in California;

(2) For Medical Doctors, or Doctors of Osteopathy:

(A) A copy of the applicant's certificate of completion of postgraduate specialty training at an institution recognized by the Accreditation Council for Graduate Medical Education or the osteopathic equivalent as defined pursuant to Section 12, or;

(B) A copy of the applicant's Board certification by a specialty board recognized by the Administrative Director or as defined pursuant to Section 12, or;

(C) A declaration under penalty of perjury accompanied by supporting documentation that the physician has qualifications that the Administrative Director and the Medical Board of California or the Osteopathic Medical Board of California both deem to be equivalent to board certification in a specialty.

(3) If a psychologist, (i) a copy of a doctoral degree in psychology or a doctoral degree deemed equivalent for licensure by the Board of Psychology pursuant to Section 2914 of the Business and Professions Code, and has not had less than five years postdoctoral experience in the treatment of emotional and mental disorders or (ii) served as an AME on eight or more occasions prior to January 1, 1990 and has not less than five years postdoctoral experience in the diagnosis and treatment of emotional and mental disorders.

(4) For Doctors of Chiropractic, the physician shall provide (1) a copy of a current or otherwise valid certificate in California Workers Compensation Evaluation by either a California professional chiropractic association or an accredited California college recognized by the Administrative Director (i.e. Workers' Compensation Evaluation Certificate with a minimum 44 hours completed) or; (2) a certificate of completion of a chiropractic postgraduate specialty program of at least 300 hours taught by a school or college recognized by the Administrative Director, the Board of Chiropractic Examiners and the Council on Chiropractic Education.

(5) Or, for other physicians, a copy of the physician's professional diploma.

(b)(1) Shall, prior to appointment as a QME, complete a course of at least twelve (12) hours in disability evaluation report writing pursuant to section 11.5 of this Article. Doctors of Chiropractic who submit documentation showing compliance with section 11(a)(4)(1) are exempt from this requirement; and

(2) Shall accurately and fully report on the SFI Form 124 attached to the application (QME Form 100) to the best of the applicant's knowledge the information required by section 29 of Title 8 of the California Code of Regulations, regarding applicant's specified financial interests.

(c) Shall provide supplemental information and/or documentation to the Administrative Director after an application, QME Form 100 (see, 8 Cal. Code Regs. §100), is submitted if requested to verify an applicant's eligibility for appointment.

(d) Shall agree that during a QME evaluation exam he or she will not treat or offer or solicit to provide medical treatment for that injury for which he or she has done a QME evaluation for an injured worker unless a medical emergency arises as defined under subdivision (a) or (b) of section 1317.1 of the Health and Safety Code. A QME may also provide treatment if requested by the employee pursuant to section 4600 of the Labor Code, but he or she shall not offer or solicit to provide it. A QME who solicits an injured worker to receive direct medical treatment or to become the primary treating physician of that employee shall be subject to disciplinary action pursuant to section 60.

(e) Shall declare under penalty of perjury on the QME application that he or she:

(1) Has an unrestricted California license and is not currently on probation from the state licensing board, or, if the applicant has a California restricted license or is currently on probation, state all the restrictions on the license and all terms of probation; and

(2) Devotes at least one-third of his or her total practice time to providing direct medical treatment during each year of the applicant's term of appointment. This requirement shall not apply if the applicant qualifies for appointment because the applicant served as an AME on 8 or more occasions in the year prior to application and in each year of the applicant's term; or if the applicant meets the requirements of section 15; and

(3) Has not performed a QME evaluation without QME certification;

(4) Has accurately and fully reported on QME Form 124 to the best of the applicant's knowledge the specified financial interest information required by section 29 of Title 8 of the California Code of Regulations.

(f) Shall pass the QME Competency Examination, or if an acupuncturist, shall pass the QME Competency Examination for acupuncturists.

(1) In order to take this examination, a physician who is not currently appointed as a QME and not exempt pursuant to Labor Code section 139(b)(1), shall be considered to have applied to take the QME competency examination upon submitting the properly-completed Application for Appointment Form in Section 100 (see, 8 Cal. Code Regs. section 100), and the Registration Form for the QME Competency Examination in section 102 (see, 8 Cal. Code Regs. §102) and the appropriate fee as specified in section 11(f)(2).

(2) The fee for applying to take or retake the QME competency examination is $ 125.00 and may be waived by the Administrative Director at his or her discretion for first time applicants.

(3) The Administrative Director shall give appropriate public notice of the date, time and location of the examination no fewer than sixty (60) calendar days before a competency examination is to be given.

(4) An applicant must submit the properly completed forms as required in section 11(f)(1) to the Administrative Director at least thirty (30) calendar days prior to the date of the next scheduled competency examination unless the Administrative Director finds good cause to grant an extension to the physician(s).

(5) The Administrative Director shall inform the applicant in writing whether he or she shall be allowed to take the examination within fifteen (15) calendar days from the date the Administrative Director receives the properly-completed forms and appropriate fee.

(6) The Administrative Director shall inform the applicant in writing whether or not he or she passed the examination within sixty (60) calendar days from the date the applicant takes the competency examination.

(7) An applicant who passes the QME competency examination shall file the QME Fee Assessment Form in Section 103 (see, 8 Cal. Code Regs. section 103) including the appropriate fee within thirty (30) days of the date of the notice. The physician shall not be appointed to the official QME list until the appropriate fee is paid and has completed a disability evaluation report writing course pursuant to section 11.5. Appointments shall be for two-year terms beginning with the date of appointment by the Administrative Director.

(8) Any applicant, who upon good cause shown by the test administrator, is suspected of cheating may be disqualified from the examination and, upon a finding that the applicant did cheat in that exam, the applicant will be denied further admittance to any QME examination for a period of at least five years thereafter. Any applicant who fails to follow test instructions and/or proctor instructions either before or during or at the conclusion of an examination shall be disqualified from the examination procedure and the applicant's exam shall be nullified.

(9) If an applicant fails the competency examination or fails to appear for a noticed QME examination for which the applicant has submitted a QME Exam Registration Form 102 (see, 8 Cal. Code Regs. §102), the applicant may apply to take any subsequent examinations, upon submission of a new test application form and a fee of $125. An applicant who fails the exam three times shall show proof of having completed six (6) hours continuing education from a course approved by the Administrative Director prior to taking the examination again.

(10) Any applicant who receives a failing grade on a competency exam may appeal the failing grade to the Administrative Director. Appeals shall be considered on a case by case basis. Appeals will be accepted immediately after a candidate has completed the examination and until ten (10) days after the date of the examination results letter. The appeal shall state specific facts as to why the failing grade should be overturned. Pursuant to Section 6254(g) of the Government Code, the Administrative Director will consider appeals of test questions and will base his or her decision solely on the written appeal including any supporting documentation submitted by the physician. Appeals will only be accepted for the current examination period. Grounds for appeal are:

(A) Significant procedural error in the examination process;

(B) Unfair Discrimination;

(g) Each applicant shall pay the annual fee required by section 17 of this Article prior to appointment.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2, Labor Code; and Section 6254, Government Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. New subsections (a)-(c) and subsection relettering, amendment of newly designated subsections (d)-(f)(6), new subsections (f)(7) and (f)(8) and subsection renumbering, amendment of newly designated subsections (f)(9) and (f)(10), and new subsection (g) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Change without regulatory effect amending section (f)(5) filed 6-20-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).

4. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Amendment of section heading and section filed 8-23-2001; operative 8-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).

6. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§11.1. Application for QME Competency Examination Form. [Repealed]

Note • History

NOTE

Authority cited: Section 139.2, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending form filed 3-11-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 11).

3. Change without regulatory effect amending form filed 7-23-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 30).

4. Amendment of form filed 3-15-99; operative 4-14-99 (Register 99, No. 12).

5. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§11.5. Disability Evaluation Report Writing Course.

Note • History

Prior to appointment as a QME, a physician shall complete a course of at least twelve hours of instruction in disability evaluation report writing. The course curriculum shall be specified by the Administrative Director. Only report writing courses which are offered by education providers as defined in subdivision 1(q) of Title 8 of the California Code of Regulations shall qualify to satisfy this requirement.

(a) An education provider applicant shall submit:

(1) a completed QME Form 118 (Application for Accreditation) (see, 8 Cal. Code Regs. §118) which contains:

(A) the applicant's name; address; director of education with contact information; type of organization; length of time in business; nature of business; and past experience providing continuing education courses (including a list of other accrediting agencies that have approved such courses);

(B) a description of the proposed education program or course which includes the title; type (continuing education program or disability evaluation report writing course); location(s); date(s); length of training in clock hours; educational objectives; a complete description of the program or course content; faculty; and the names of other accrediting agencies that have approved the program.

(2) A curriculum vitae for each proposed instructor. A proposed instructor shall have education and/or training and recent work experience relevant to the subject of his/her presentation.

(3) The application for accreditation as an education provider, along with all required supporting documents, shall be submitted to the Administrative Director, at least 60 calendar days before any public advertisement of the applicant's course.

(b) The Administrative Director shall accredit an applicant that: meets the definition of an education provider; submits a completed, signed and dated application which demonstrates past experience in providing continuing education programs; and proposes a program which meets the requirements of section 55(c) or a course which meets the requirements of section 11.5(a) and (i). The applicant must demonstrate that adequate time is allocated to the curriculum set forth in section 11.5(i) for the course to be approved by the Administrative Director. Proposed content for continuing education program credit must relate directly to disability evaluation or California workers' compensation-related medical dispute evaluation. No credit shall be recognized by the Administrative Director for material primarily discussing the business aspects of workers' compensation medical practice, including but not limited to billing, coding and marketing.

(c) The Administrative Director shall notify the applicant within 20 calendar days after receipt of the application containing all the information listed in section 11.5(a) whether that education provider has been accredited for a two year period and the proposed course has been approved. Incomplete applications will be returned to the applicant.

(d) Each education provider that has been accredited by the Administrative Director will be given a number which must be displayed on course promotional material.

(e) On or before the date the course is first presented, the education provider shall submit the program syllabus (all program handouts) to the Administrative Director.

(f) An approved course may be offered for two (2) years. An accredited education provider shall notify the Administrative Director in writing of any change to the faculty in an approved course. The provider shall send the Administrative Director the program outline, promotional material and faculty for each offering of the program at least 45 days prior to the date of the presentation of the program. The Administrative Director may require submission of the program syllabi. The Administrative Director may require changes in the program based on its review of the program outline, program syllabi, promotional material or faculty if the Administrative Director finds that any aspect of the program is not in compliance with these regulations.

(g) To apply for re-accreditation, the education provider applicant must submit a completed QME Form 118 (Application for Accreditation) (see, 8 Cal. Code Regs. §118), using the application process in 11.5(a). The applicant may complete section 2 of the form using a new program or course or one which was given by the applicant during the recent accreditation period. The Administrative Director shall give the provider 90 days' notice of the need to seek re-accreditation.

(h) Promotional materials for a course must state the education provider's educational objectives; the professional qualifications of course faculty (at the least, all relevant professional degrees); the content of course activities; and the intended audience.

(i) The minimum of 12 hours of instruction in disability evaluation report writing shall include:

(1) The Qualified Medical Evaluator's Role in the Disability Evaluation Process (minimum recommended 1 hour)

How disability evaluation reports are used

The reasons why reports must be clear, complete and timely

The QME's role as an expert witness

Impact of the QME's report on the injured worker

QME ethics and the Confidentiality of Medical Information Act

(2) Elements of the Medical-Legal Report (minimum recommended 1 hour)

The Labor Code and regulatory requirements for medical-legal reports

(3) The Language of Reports (minimum recommended 4 hours)

Evaluation of disability in California (impairment and disability)

The occupational history

The physician examination and the role of testing

The Medical Treatment Utilization Schedule (MTUS) adopted by the Administrative Director pursuant to Labor Code section 5307.27, found in section 9792.20 et seq of Title 8 of the California Code of Regulations, and relevant portions of the ACOEM Practice Guidelines

Providing opinions that resolve disputed medical treatment issues consistent with the evaluation criteria specified in section 35.5 (d) of Title 8 of the California Code of Regulations

Packard Thurber's Evaluation of Industrial Disability, section 43 through 47 and section 9725 through 9727 of Title 8 of the California Code of Regulations (for cases with dates of injury not subject to the AMA guide-based impairment rating system, described below)

Factors of disability, including subjective and objective factors, loss of pre-injury capacity and work restrictions, for cases involving dates of injury not subject to the AMA guide-based impairment rating system

Activities of Daily Living, for cases subject to the AMA Guides

Work restrictions

Work Capabilities

American Medical Association, Guides to the Evaluation of Permanent Impairment, [Fifth Edition] (AMA Guides) and its use in determining permanent disability in accordance with the Schedule for Rating Permanent Disabilities [effective January 1, 2005] (for all claims with dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, in which either there is no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the employer is not required to provide the notice to the injured worker required by Labor Code section 4061)

Causation

Determination of permanent and stationary status

Vocational rehabilitation (for claims with dates of injury prior to January 1, 2004)

Apportionment including the requirements of Labor Code sections 4660, 4663 and 4664 added by SB 899 (Stats. 2004, ch. 34)

Future medical treatment using the Medical Treatment Utilization Schedule

Review of records

Providing sufficient support for conclusions

(4) The Administrative Director's Disability Evaluation Protocols (minimum recommended 1 hour)

An overview of the Neuromusculoskeletal, Pulmonary, Cardiac, Immunologic, or Psychiatric protocols, and an in-depth discussion of measurement of impairment, calculations and rationale for rating under the AMA Guides, as relevant.

(5) The Third Party Perspective (minimum recommended 1 hour)

The report from the perspective of those who read it:

Judge(s), attorney(ies), insurer(s), rater(s), employer(s), qualified rehabilitation representative(s).

(6) Anatomy of a Good Report (small group or other interactive sessions -- minimum recommended 3 hours)

Discussion of examples of good reports and identification of weaknesses in reports

Opportunities for the practitioner to critique and/or correct reports.

If feasible, physician should have the opportunity to write a sample report.

Review of results of Administrative Director's annual report review and identification of common problems with reports.

(7) Mechanics of Report Writing (minimum recommended 1 hour)

The QME Process

Face to face time

Timelines for submission of report

Completion of required forms

Service of reports

Final questions and answers

(8) Submission and Critique of Written Medical/legal Report. As a condition of completion of the course taken to satisfy the requirements of this section, each physician enrollee shall draft at least one practice written medical/legal report, based on a sample case library of materials, which written report shall be critiqued with notations by the course education provider.

(j) All audio or video tapes, computer programs and printed educational material used in the course must be submitted to the Administrative Director on or before the date the course is first given. Up to the full twelve hours of instruction may be completed by distance learning whenever the Administrative Director has approved the submitted course prior to the first day the course is given. All distance learning materials shall bear a date of release and shall be updated yearly. The education provider shall notify the Administrative Director in writing of the revision.

(k) No one shall recruit members or promote commercial products or services in the instruction room immediately before, during, or immediately after the presentation of a course. Education providers or vendors may display/sell educational materials related to workers' compensation or applications for membership in an area adjoining a course. A course provider or faculty member shall disclose on QME Form 119 (Faculty Disclosure of Commercial Interest) (see, 8 Cal. Code Regs. §119) any significant financial interest held by faculty in or affiliation with any commercial product or service which is discussed in a course and that interest or affiliation must be disclosed to all attendees. An education provider shall file every Form 119 in its possession with the Administrator Director.

(l) The provider shall maintain attendance records for each disability evaluation report writing course for a period of no less than three years after the course is given. A physician attending the course must be identified by signature. The provider must submit a copy of the signature list to the Administrative Director within 60 days of completion of the course.

(m) The provider is required to give the QME Evaluation Form 117 (Qualified Medical Evaluator Continuing Education Response Form) (see, 8 Cal. Code Regs. §117) to course attendees and request they submit the form to the Administrative Director. This information shall not be used in lieu of a certification of completion given by the provider, as specified pursuant to section (n). Destruction by a provider or its employee of a QME's Evaluation Form or failure by such provider or its employee to distribute Form 117 as part of its course shall constitute grounds for revocation of a provider's accredited status. The Administrative Director shall tabulate the responses and return a summary to the provider within 90 days of completion of the course.

(n) The provider shall issue a certificate of completion to the physician that states the name of the provider, the provider's number, the date(s) and location and title of the course. To be eligible for appointment as a QME, a physician must complete no less than 12 hours of the curriculum specified in Section 11.5(i) and must submit a copy of that certificate to the Administrative Director.

(o) Joint sponsorship of courses (as between an accredited and an unaccredited provider) must be approved by the Administrative Director prior to presentation of the course.

(p) The Administrative Director may audit a provider's course(s) at the request of the medical director to determine if the provider meets the criteria for accreditation. The Administrative Director may audit courses given by providers randomly, when a complaint is received, or on the basis of responses on QME Form 117 (Qualified Medical Evaluator Continuing Education Response Form) (see, 8 Cal. Code Regs. §117). An auditor shall not receive QME credit for auditing a course. The Administrative Director shall make written results of the audit available to the provider no more than 30 days after the audit is completed.

(q) Accredited providers that cease to offer disability evaluation report writing courses shall notify the Administrative Director in writing no later than 60 days prior to the discontinuing an approved course.

(r) The Administrative Director may withdraw accreditation of a provider or deny such a provider's application for accreditation on the following grounds (in addition to failure to meet the relevant requirements of subsections 11.5(a):

(1) Conviction of a felony or any offense substantially related to the activities of the provider.

(2) Any material misrepresentation of fact made by the provider.

(3) Failure to comply with Administrative Director regulations.

(4) False or misleading advertising.

(5) Failure to comply with Administrative Director's recommendations following an audit.

(6) Failure to distribute QME Form 117 (Qualified Medical Evaluator Continuing Education Response Form) (see, 8 Cal. Code Regs. §117) cards to course attendees.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3 and 4067, Labor Code.

HISTORY

1. New section filed 10-16-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 42). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 5-2-2001 as an emergency; operative 5-2-2001 (Register 2001, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-30-2001 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 5-2-2001 order, including further amendment of section, transmitted to OAL 7-12-2001 and filed 8-23-2001 (Register 2001, No. 34).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§12. Recognition of Specialty Boards.

Note • History

The Administrative Director shall recognize only those specialty boards recognized by the respective California licensing boards for physicians as defined in Labor Code section 3209.3.

NOTE

Authority cited: Sections 133, 139.2, 139.4, 139.43, 139.45 and 5307.3, Labor Code. Reference: Sections 139.2(b)(3)(A) and 3209.3, Labor Code; Section 651(i), Business and Professions Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§13. Physician's Specialty.

Note • History

A physician's specialty(ies) is one for which the physician is board certified or, one for which a medical doctor or doctor of osteopathy has completed a postgraduate specialty training as defined in Section 11(a)(2)(A) or held an appointment as a QME in that specialty on June 30, 2000, pursuant to Labor Code Section 139.2. To be listed as a QME in a particular specialty, the physician's licensing board must recognize the designated specialty board and the applicant for QME status must have provided to the Administrative Director documentation from the relevant board of certification or qualification.

NOTE

Authority cited: Sections 133, 139.2, 139.4, 139.43, 139.45 and 5307.3, Labor Code. Reference: Section 139.2(b)(3)(A), Labor Code; and Section 651(i), Business and Professions Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment filed 8-23-2001; operative 8-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).

5. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§13.5. Chiropractic Certification in Workers' Compensation Evaluation. [Repealed]

Note • History

Note: The “Physicians Guide” does not appear as a part of this regulation. Copies are available through the Executive Medical Director of the Industrial Medical Council; P.O. Box 8888 San Francisco, CA 94128-8888.

NOTE

Authority cited: Sections 139, 139.2 and 139.3, Labor Code. Reference: Sections 139.2, 4060, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending subsection (a) filed 12-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 49).

3. Amendment filed 3-15-99; operative 4-14-99 (Register 99, No. 12).

4. Renumbering of former section 13.5 to section 14 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§13.7. Appointment of Retired or Teaching Physicians. [Repealed]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of opening paragraph and subsections (c)(2) and (c)(3) and new subsection (e) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Renumbering of former section 13.7 to section 15 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§14. Doctors of Chiropractic: Certification in Workers' Compensation Evaluation.

Note • History

(a) All doctors of chiropractic shall be certified in workers' compensation evaluation by either a California professional chiropractic association, or an accredited California college recognized by the Administrative Director. The certification program shall include instruction in disability evaluation report writing that meets the standards set forth in section 11.5.

(b) California professional chiropractic associations or accredited California colleges applying to be recognized by the Administrative Director for the purpose of providing these required courses to chiropractors in California workers' compensation evaluation, shall meet the following criteria:

(1) The provider's courses shall be administered and taught by a California professional chiropractic association or a California chiropractic college accredited by the Council on Chiropractic Education. Instructors shall be licensed or certified in their profession or if a member of a non-regulated profession have at least two years experience in their area of instruction regarding workers' compensation issues.

(2) The provider's method of instruction and testing shall include all of the following:

(A) Lecture, didactic sessions and group discussion including an initial 8 hours of overview of the workers' compensation system and 36 additional hours in medical-legal issues for total minimum class time of 44 hours. Up to 4 hours of the instruction covering the regulations affecting QMEs and/or writing ratable reports may be satisfied by distance learning. The initial 8 hours of overview are transferable to any other approved program provider for credit;

(B) Passing a written test at the completion of the program to determine proficiency and application of course material;

(C) Writing a narrative conclusion to medical-legal issues in response to facts presented or a narrative report, in appropriate format, which would meet the standards of a ratable report;

(3) The initial 8 hours of the course material shall cover the following information:

(A) Overview of California Labor Code, DWC (Division of Workers' Compensation of the California Department of Industrial Relations) and the regulations of the Division of Workers' Compensation and of the Workers' Compensation Appeals Board governing QMEs, medical-legal reports and evaluations;

(B) Obligations of the treating and evaluating physicians;

(4) The remaining 36 hours shall include but not be limited to the following:

(A) History and examination procedure requirements, including all relevant treatment, treatment utilization and evaluation guidelines and regulations adopted by the Administrative Director;

(B) The subjects outlined in subdivision 11.5(i) not already addressed in the first 8 hours, including but not limited to, proper use of the AMA Guides, the medical treatment utilization schedule (MTUS) adopted pursuant to Labor Code section 5307.27, and relevant portions of the ACOEM practice guidelines;

(D) Vocational rehabilitation;

(E) Continued and future medical care.

(5) The provider's course material and tests shall be submitted to the Administrative Director for annual review and the Administrative Director shall monitor a provider's course as necessary to determine if the provider meets the criteria for recognition.

(6) The provider's course advertising shall clearly state whether or not the course is recognized to satisfy the requirement for chiropractic California workers' compensation evaluation by the Administrative Director.

(c) Course Material shall also cover at a minimum, the material within the text of the “Physicians Guide to Medical Practice in the California Workers' Compensation System (Current Edition).”

(d) No one shall recruit members or promote commercial products or services in the instruction room immediately before, during, or immediately after the presentation of a course. Education providers or vendors may display/sell educational materials related to workers' compensation or applications for membership in an area adjoining a course. A course provider or faculty member shall disclose on QME Form 119 (Faculty Disclosure of Commercial Interest) (see, 8 Cal. Code Regs. §119) any significant financial interest held by faculty in or affiliation with any commercial product or service which is discussed in a course and that interest or affiliation must be disclosed to all attendees. An education provider shall file every Form 119 in its possession with the Administrator Director.

NOTE: The “Physicians' Guide” does not appear as a part of this regulation. Copies are available through the Medical Director Division of Workers' Compensation, Attention: Medical Unit, P. O. Box 71010, Oakland, CA 94612.

NOTE

Authority cited: Sections 122, 133, 139.2, 139.3 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4062.3 and 4067, Labor Code.

HISTORY

1. New section filed 4-9-93 as an emergency; operative 4-9-93 (Register 93, No. 15). A Certificate of Compliance must be transmitted to OAL 8-9-93 or emergency language will be repealed by operation of law on the following day.

2. Editorial correction amending subsections (a)(1) and (b) and Note (Register 93, No. 17).

3. New section refiled 9-16-93 with amendment of subsections (a)(1)-(b) as an emergency; operative 9-16-93 (Register 93, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-94 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 9-16-93 order including amendment of subsections (b) and (c) transmitted to OAL 10-28-93 and filed 12-14-93 (Register 93, No. 51).

5. Relocation of article 2 filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

6. Amendment of subsections (a)(1) and (a)(2), repealer of subsections (b)-(b)(2) and subsection relettering, and amendment of newly designated subsections (b) and (c) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

7. Amendment filed 6-7-99 as an emergency; operative 6-7-99 (Register 99, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-5-99 or emergency language will be repealed by operation of law on the following day.

8. Reinstatement of section as it existed prior to 6-7-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 3).

9. Amendment filed 1-19-2000; operative 1-19-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 3).

10. Renumbering of former section 14 to section 16 filed 4-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 15).

11. Renumbering and amendment of former section 13.5 to section 14 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

12. Amendment of subsections (a), (b), (b)(4) and (b)(6) and redesignation and amendment of former subsection (b)(7) as new subsection (c) filed 8-23-2001; operative 8-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).

13. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§15. Appointment of Retired or Teaching Physicians.

Note • History

In order to be considered for appointment as a QME pursuant to Labor Code Section 139.2(c), a physician shall pass the QME competency examination and submit written documentation to the Administrative Director that he or she meets either (a), (b) or (c) of this section.

The physician shall:

(a) Be a current salaried faculty member at an accredited university or college, have a current license to practice as a physician and be engaged in teaching, lecturing, published writing or medical research at that university or college in the area of his or her specialty for not less than one-third of his or her professional time. The physician's practice in the three consecutive years immediately preceding the time of application shall not have been devoted solely to the forensic evaluation of disability.

(b) Be retired from full-time practice; retain a current license to practice in California as a physician with his or her licensing board; and

(1) Have a minimum of 25 years' experience in his or her practice as a physician; and

(2) Have had a minimum of 10 years' experience in workers' compensation medical issues; and

(3) Be practicing currently fewer than 10 hours per week on direct medical treatment as a physician; and

(4) Not have engaged in a practice devoted solely to the forensic evaluation of disability during the three consecutive years immediately preceding the time of application.

(c) Be retired from active practice due to a documented medical or physical disability as defined pursuant to Government Code section 12926 and currently practice in his or her specialty fewer than 10 hours per week. The physician shall have 10 years experience in workers' compensation medical issues as a physician. The physician's practice in the three consecutive years immediately preceding the time of application shall not have been devoted solely to the forensic evaluation of disability.

(d) A physician appointed under section 11 of Title 8 of the California Code of Regulations or this section shall, notify the Administrative Director of changes in his or her status and shall complete the requirements for continuing education pursuant to section 55 of Title 8 of the California Code of Regulations prior to reappointment.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section139.2, Labor Code.

HISTORY

2. Editorial correction amending subsection (b) and Note (Register 93, No. 17).

4. Certificate of Compliance as to 9-16-93 order including amendment of subsection (b) transmitted to OAL 10-28-93 and filed 12-14-93 (Register 93, No. 51).

5. Amendment filed 6-7-99 as an emergency; operative 6-7-99 (Register 99, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-5-99 or emergency language will be repealed by operation of law on the following day.

6. Reinstatement of section as it existed prior to 6-7-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 3).

7. Amendment filed 1-19-2000; operative 1-19-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 3).

8. Renumbering of former section 15 to section 17 filed 4-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 15).

9. Renumbering and amendment former section 13.7 to section 15 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

10. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§16. Determination of Fees for QME Eligibility.

Note • History

(a) For purposes of establishing the annual fee for any qualified medical evaluator pursuant to Article 2, physicians (as defined under Section 3209.3 of the Labor Code) shall be classified into one of three categories:

(1) QMEs who meet all applicable requirements under Article 2 and 5 and who have conducted 0-10 comprehensive medical-legal evaluations in the twelve months prior to the assessment of the fee. Comprehensive medical-legal evaluations are evaluations as defined under Section (1)(i) of this Chapter performed by a physician.

(2) QMEs who meet all applicable requirements under Article 2 and 5 and who have conducted 11-24 comprehensive medical-legal evaluations in the twelve months prior to assessment of the fee. Comprehensive medical-legal evaluations are evaluations as defined under Section (1)(i) of this Chapter performed by a physician.

(3) QMEs who meet all applicable requirements under Article 2 and 5 and who have conducted 25 or more comprehensive medical-legal evaluations in the twelve months prior to assessment of the fee. Comprehensive medical-legal evaluations are evaluations as defined under Section (1)(i) of this Chapter performed by a physician.

(b) The evaluations shall be conducted in compliance with all applicable statutes and regulations.

(c) Verification of the number of examinations shall be made by the Administrative Director using The Qualified or Agreed Medical Evaluator Findings Summary Form in section 111 (See, 8 Cal. Code Regs. §111), as well as any other relevant records or sources of information. Misrepresentation of the number of evaluations performed for purposes of establishing a physician's QME fee shall constitute grounds for disciplinary proceedings under section 60 of this chapter.

NOTE: Form referred to above is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

2. Editorial correction amending Note (Register 93, No. 17).

3. New section refiled 9-16-93 with amendment of subsection (a) as an emergency; operative 9-16-93 (Register 93, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-94 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 9-16-93 order including amendments transmitted to OAL 10-28-93 and filed 12-14-93 (Register 93, No. 51).

5. Amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

6. Amendment filed 6-7-99 as an emergency; operative 6-7-99 (Register 99, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-5-99 or emergency language will be repealed by operation of law on the following day.

7. Reinstatement of section as it existed prior to 6-7-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 3).

8. Amendment filed 1-19-2000; operative 1-19-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 3).

9. Renumbering of former section 16 to section 18 and renumbering of former section 14 to number 16 filed 4-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 15).

10. Amendment of subsection (c) and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§17. Fee Schedule for QME.

Note • History

(a) All physicians seeking QME status shall be required to pay to the Workers' Compensation Administration Revolving Fund, the following fee:

(1) QMEs performing 0-10 comprehensive medical-legal evaluations, $110 during each of the years or any part of a year the physician retains his or her eligibility on the approved QME list.

(2) QMEs performing 11-24 comprehensive medical-legal evaluations, $125 during each of the years or any part of a year the physician retains his or her eligibility on the approved QME list.

(3) QMEs performing 25 or more comprehensive medical-legal evaluations, $250 during each of the years or any part of a year the physician retains his or her eligibility on the approved QME list.

(b) Individual QMEs who perform comprehensive medical-legal evaluations at more than one physician's office location shall be required to pay an additional $100 annually per additional office location. Each physician's office listed with the Medical Director must be located within California, be identified by a street address and any other more specific location such as a suite or room number, and must contain the usual and customary equipment for the type of evaluation appropriate to the QME's medical specialty or scope of practice. This requirement applies to all QMEs regardless of whether the QME is a sole practitioner, or corporation, or partnership pursuant to Corporations Code Chapter 2 (sections 15501-15533), Chapter 3 (sections 15611-15723) and/or Chapter 5 (sections 16100-16962).

(c) The Administrative Director may waive or return the statutory fee in the amount of $110 for the completion of a survey of QMEs to validate the QME competency examination. The term “completion of the survey” means the return of the survey to the testing agency designated by the Administrative Director on or before the date for the return of the survey.

(d) At the time of paying the appropriate QME annual fee, each QME shall also complete and forward to the Medical Director with the annual fee a completed QME SFI Form 124, providing updated information about the QME's specified financial interests as defined in section 29 of Title 8 of the California Code of Regulations.

NOTE

Authority cited: Section 133, 139.2 and 5307.3, Labor Code. Reference: Section139.2, Labor Code.

HISTORY

2. Editorial correction amending Note (Register 93, No. 17).

3. New section refiled 9-16-93 with amendments as an emergency; operative 9-16-93 (Register 93, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-94 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 9-16-93 order including amendments transmitted to OAL 10-28-93 and filed 12-14-93 (Register 93, No. 51).

5. Renumbering former section 17 to new section 19 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

6. Renumbering of former section 15 to section 17 filed 4-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 15).

7. New subsection (c) and amendment of Note filed 2-14-2002 as an emergency; operative 2-14-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-14-2002 or emergency language will be repealed by operation of law on the following day.

8. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§18. QME Fee Due Dates.

Note • History

(a) All physicians, regardless of the number of comprehensive medical-legal evaluations performed under section 17 of Title 8 of the California Code of Regulations shall pay the required QME fees at yearly intervals within 30 days of receipt of notice from the Administrative Director that the QME fee for the next 12 months is due and payable. No physician who has passed the competency examination shall be placed on the active QME roster until the appropriate fee under section 17 has been paid.

(b) Any QME who fails to pay the required statutory fee within 30 days of receipt of a final notice that the fee is due shall be notified that he or she shall be terminated from the official QME roster of physicians within 30 days and shall not perform any panel QME or represented QME comprehensive medical-legal evaluation until the fee is paid.

(c) If the QME fee is not paid within two years from the due date in the final fee notice from the Administrative Director to the QME or QME applicant that the fee is due, then the physician shall resubmit a new application pursuant to Sections 10 and 11 of Title 8 of the California Code of Regulations, pass the QME competency examination and pay the appropriate fee prior to regaining or obtaining QME active status.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section139.2, Labor Code.

HISTORY

2. Editorial correction amending subsections (b) and (b)(1) and Note (Register 93, No. 17).

3. New section refiled 9-16-93 with amendment of section heading and text as an emergency; operative 9-16-93 (Register 93, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-94 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 9-16-93 order including amendments transmitted to OAL 10-28-93 and filed 12-14-93 (Register 93, No. 51).

5. Repealer filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

6. Renumbering of former section 16 to section 18 filed 4-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 15).

7. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§19. Certificate of QME Status.

Note • History

(a) Upon receipt of the QME fees and review by the Administrative Director to ensure current compliance with section 139.2 of Labor Code and any other applicable regulations promulgated by the Administrative Director concerning QME eligibility, the Administrative Director shall within 45 days send to the physician a Qualified Medical Evaluator certificate. The QME certificate shall be displayed in a conspicuous manner at the QME's office location at all times during the period the QME is appointed by the Administrative Director to conduct evaluations.

(b) It shall be unlawful for any physician who has been terminated or suspended from the QME list or who has failed to pay the required QME fee pursuant to sections 17 and 18 of Title 8 of the California Code of Regulations to display a Qualified Medical Evaluator certificate.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section139.2, Labor Code.

HISTORY

1. Renumbering and amendment of former section 17 to new section 19 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 2.5. Time Periods for Processing Applications for QME Status

§20. Time Periods.

Note • History

(a) Within 45 days of receipt of an application for QME status, the Administrative Director shall either inform the applicant, in writing, that the application is complete and accepted for filing, or that the application is deficient and what specific information is required.

(b) Within 45 days of receipt of a completed application, the Administrative Director shall inform the applicant, in writing, of its decision to allow or not to allow the applicant to proceed to take the required QME competency examination as per Section 11(f) of Title 8 of the California Code of Regulations.

(c) Within 45 days of receipt of a completed application, the Administrative Director must inform the applicant, in writing, of its decision to grant or deny the application.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 4060, 4061, 4062, 4062.1, 4062.2 and 4067, Labor Code.

HISTORY

1. New article 2.5 and section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 3. Assignment of Qualified Medical Evaluators, Evaluation Procedure

§29. Specified Financial Interests That May Affect Assignment to QME Panels.

Note • History

(a) Every physician seeking appointment or reappointment as a Qualified Medical Evaluator shall disclose specified financial interests, as defined in section 1 (dd) and 29(b) of Title 8 of the California Code of Regulations.

(b) “Specified Financial Interests” means being a general partner or limited partner in, or having an interest of five (5) percent or more in, or receiving or being legally entitled to receive a share of five (5) percent or more of the profits from, any medical practice, group practice, medical group, professional corporation, limited liability corporation, clinic or other entity that provides treatment or medical evaluation, goods or services for use in the California workers' compensation system.

(c) “SFI Form 124”, as used in sections 1 though 159 of Title 8 of the California Code of Regulations, means the QME SFI Form 124 that is completed and filed as an attachment to QME Form 100, 103 or 104 by the physician or QME with the Medical Director of the Division of Workers' Compensation.

(d) Specified financial interests shall be disclosed on QME SFI Form 124, respectively, when applying for appointment on QME Form 100, at the time of paying the annual fee on QME Form 103 or when applying for reappointment on QME Form 104.

(e) The completed QME SFI Form 124 shall be filed along with the QME Form 100, 103 or 104, respectively, when the form is filed with the Medical Director of the Division of Workers' Compensation.

(f) Failure of a Qualified Medical Evaluator to complete and file a QME SFI Form 124 with the Medical Director when required by this section shall be grounds for disciplinary action pursuant to section 60 of Title 8 of the California Code of Regulations.

(g) The Administrative Director shall use the information provided by physicians pursuant to this section to avoid assigning QMEs who share specified financial interests to the same QME panel. If two or more QMEs assigned to a panel share specified financial interests as defined in this section, any party may request a replacement QME. If three QMEs share specified financial interests as defined in this section, two of the QMEs shall be replaced. If two QMEs share specified financial interests as defined in this section, one of the QMEs shall be replaced. The QMEs that must be replaced shall be randomly selected by the Medical Director.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§30. QME Panel Requests.

Note • History

(a) Unrepresented cases. Whenever an injured worker is not represented by an attorney and either the employee or the claims administrator requests a QME panel pursuant to Labor Code section 4062.1, the request shall be submitted on the form in section 105 (Request for QME Panel under Labor Code Section 4062.1)(See, 8 Cal. Code Regs. §105). The claims administrator (or if none the employer) shall provide Form 105 along with the Attachment to Form 105 (How to Request a Qualified Medical Evaluator if you do not have an Attorney) to the unrepresented employee by means of personal delivery or by first class or certified mailing.

(b) Represented cases. Requests for a QME panel in a represented case, for all cases with a date of injury on or after January 1, 2005, and for all other cases where represented parties agree to obtain a panel of Qualified Medical Evaluators pursuant to the process in Labor Code section 4062.2, shall be submitted on the form in section 106 (Request for a QME Panel under Labor Code Section 4062.2)(See, 8 Cal. Code Regs. §106). The party requesting a QME panel shall: 1) identify the disputed issue that requires a comprehensive medical/legal report to be resolved; 2) attach a copy of the written proposal, naming one or more physicians to be an Agreed Medical Evaluator, that was sent to the opposing party once the dispute arose; 3) designate a specialty for the QME panel requested; 4) state the specialty preferred by the opposing party, if known; and 5) state the specialty of the treating physician. In represented cases with dates of injury prior to January 1, 2005, and only upon the parties' agreement to obtain a QME panel pursuant to Labor Code section 4062.2, the party requesting a QME panel shall submit QME Form 106 in compliance with this section and provide written evidence of the parties' agreement. Once such a panel in a represented case with a date of injury prior to January 1, 2005, is issued, the parties shall be bound by the timelines and process as described in Labor Code section 4062.2.

(c) In the event a request form is incomplete, or improperly completed, so that a QME panel selection cannot properly be made, the request form shall be returned to the requesting party with an explanation of why the QME panel selection could not be made. The Medical Director also may delay issuing a new QME panel, if necessary, until the Medical Director receives additional reasonable information requested from a party or both parties, needed to resolve the panel request. Reasonable information as used in this subdivision includes but is not limited to whether a QME panel previously issued to the injured worker was used.

(d)(1) After a claim form has been filed, the claims administrator, or if none the employer, may request a panel of Qualified Medical Evaluators only as provided in Labor Code section 4060, to determine whether to accept or reject a claim within the ninety (90) day period for rejecting liability in Labor Code section 5402(b), and only after providing evidence of compliance with Labor Code Section 4062.1 or 4062.2.

(d)(2) Once the claims administrator, or if none the employer, has accepted as compensable injury to any body part in the claim, a request for a panel QME may only be filed based on a dispute arising under Labor Code section 4061 or 4062.

(d)(3) Whenever an injury or illness claim of an employee has been denied entirely by the claims administrator, or if none by the employer, only the employee may request a panel of Qualified Medical Evaluators, as provided in Labor Code sections 4060(d) and 4062.1 if unrepresented, or as provided in Labor Code sections 4060(c) and 4062.2 if represented.

(d)(4) After the ninety (90) day period specified in Labor Code section 5402(b) for denying liability has expired, a request from the claims administrator, or if none from the employer, for a QME panel to determine compensability shall only be issued upon presentation of a finding and decision issued by a Workers' Compensation Administrative Law Judge that the presumption in section 5402(b) has been rebutted and an order that a QME panel should be issued to determine compensability. The order shall also specify the residential or, if applicable, the employment-based zip code from which to select evaluators and either the medical specialty of the panel or which party may select the medical specialty.

(e) If the request form is submitted by or on behalf of an employee who no longer resides within the state of California, the geographic area of the QME panel selection within the state shall be determined by agreement between the claims administrator, or if none the employer, and the employee. If no agreement can be reached, the geographic area of the QME panel selection shall be determined for an unrepresented employee by the employee's former residence within the state, and for a represented employee by the office of the employee's attorney.

(f) To compile a panel list of three (3) independent QMEs randomly selected from the specialty designated by the party holding the legal right to request a QME panel, the Medical Director shall exclude from the panel, to the extent feasible, any QME who is listed by another QME as a business partner or as having a shared specified financial interest, as those terms are defined in sections 1 and 29 of Title 8 of the California Code of Regulations.

(g) The panel request in a represented case must be sent to the Medical Unit address on the QME Form 106 by means of first class mail delivered by the United States postal service. The Medical Unit will not accept panel requests in represented cases that are delivered in person by a party, the party's attorney, any other person or by other commercial courier or delivery services.

(h) The time periods specified in Labor Code sections 4062.1(c) and 4062.2(c), respectively, for selecting an evaluator from a QME panel and for scheduling an appointment, shall be tolled whenever the Medical Director asks a party for additional information needed to resolve the panel request. These time periods shall remain tolled until the date the Medical Director issues either a new QME panel or a decision on the panel request.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2, 4061, 4062 and 5307.3, Labor Code. Reference: Sections 139.2, 4061, 4062, 4062.1, 4062.2, 4062.3, 4064 and 4067, Labor Code.

HISTORY

1. New article 3 and section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of subsection (b) and new subsections (d)-(e) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment of subsections (a), (c) and (d)(1) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§30.1. The Request for Qualified Medical Evaluator Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 133, 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending specialty codes filed 6-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).

3. Editorial correction adding History 3 and including previously filed amendments (Register 95, No. 41).

4. Change without regulatory effect amending specialty code MPT, repealing specialty codes DDS and DMD and adding specialty code DEN filed 10-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 41).

5. Change without regulatory effect adding MAP specialty code filed 12-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).

6. Change without regulatory effect amending form filed 6-20-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).

7. Change without regulatory effect amending form filed 2-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 9).

8. Change without regulatory effect amending MD/DO specialty codes filed 6-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).

9. Change without regulatory effect amending MD/DO speciality codes and updating form revision date filed 4-15-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 16).

10. Change without regulatory effect amending MD/DO specialty codes and updating form revision date filed 7-12-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 29).

11. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§30.2. The Request for Qualified Medical Evaluator Instruction Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 4061 and 4062, Labor Code. Reference: Sections 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending thrid paragraph filed 2-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 9).

3. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§30.5. Specialist Designation.

Note • History

The Medical Director shall utilize in the QME panel selection process the type of specialist(s) indicated by the requestor on the Request for Qualified Medical Evaluator Form 105 or 106 of Title 8 of the California Code of Regulations, unless otherwise provided in these regulations.

NOTE

Authority cited: Sections 133, 139.2, 4061, 4062 and 5307.3, Labor Code. Reference: Sections 139.2, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. Renumbering and amendment of former section 32 to new section 30.5 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§31. QME Panel Selection.

Note • History

(a) The panels shall be selected randomly from the appropriate specialty identified by the party who holds the legal right to designate the specialty, with consideration given to the proximity of the QME's medical office to the employee's residence.

(b) The Medical Director shall exclude from the panel selection process any QME who has informed the Medical Director that he or she is unavailable pursuant to section 33 of Title 8 of the California Code of Regulations.

(c) Any physician who has served as a primary treating physician or secondary physician and who has provided treatment to the employee in accordance with section 9785 of Title 8 of the California Code of Regulations for the disputed injury shall not perform a QME evaluation on that employee. Whenever that physician's name appears on a QME panel, he or she shall disqualify him or herself if contacted by a party to perform the evaluation. Either party may request a replacement QME for this reason pursuant to section 31.5 of Title 8 of the California Code of Regulations.

(d) To issue a panel in a selected specialty there shall be at least five active QMEs in the specialty at the time the panel selection is requested. In the event less than five QMEs are active in a requested specialty, the Medical Director shall contact the party who holds the legal right to designate the specialty for an alternate specialty selection.

NOTE

Authority cited: Sections 133, 139.2, 4061, 4062 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Repealer of subsection (d) and subsection relettering, and amendment of newly designated subsection (d) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment of subsections (b) and (d) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§31.1. QME Panel Selection Disputes in Represented Cases.

Note • History

(a) When the Medical Director receives two or more panel selection forms pursuant to Labor Code section 4062.2 on the same day and the forms designate different physician specialties for the QME panel, the Medical Director shall use the following procedures:

1) If one party requests the same specialty as that of the treating physician, the panel shall be issued in the specialty of the treating physician unless the Medical Director is persuaded by supporting documentation provided by the requestor that explains the medical basis for the requested specialty;

2) If no party requests a panel in the specialty of the treating physician, the Medical Director shall select a specialty appropriate for the medical issue in dispute and issue a panel in that specialty.

3) Upon request by the Medical Director, the party requesting the panel shall provide additional medical records to assist the Medical Director in determining the appropriate specialty.

(b) In the event a party in a represented case wishes to request a QME panel pursuant to Labor Code section 4062.2 in a specialty other than the specialty of the treating physician, the party shall submit with the panel request form any relevant documentation supporting the reason for requesting a different specialty.

(c) In the event the Medical Director is unable to issue a QME panel in a represented case within thirty (30) calendar days of receiving the request, either party may seek an order from a Workers' Compensation Administrative Law Judge that a QME panel be issued. Any such order shall specify the specialty of the QME panel or the party to be designated to select the specialty.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 4060, 4061, 4062, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3). For prior history, see Register 2000, No. 15.

§31.2. The Qualified Medical Evaluator Panel Selection Instruction Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 133, 139, 139.2, 4061 and 4062, Labor Code. Reference: Sections 139.2, 4061, 4061.5 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section heading and form filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Change without regulatory effect amending paragraph 1) filed 2-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 9).

4. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§31.3. Scheduling Appointment with Panel QME.

Note • History

(a) When the employee is not represented by an attorney, the unrepresented employee shall, within ten (10) days of having been furnished with the form, select a QME from the panel list, contact the QME to schedule an appointment and inform the claims administrator of the QME selection and the appointment.

(b) Neither the employer, nor the claims administrator nor any other representative of the employer shall discuss the selection of the QME with an unrepresented worker who has the legal right to select the QME.

(c) If, within ten (10) days of the issuance of a QME panel, the unrepresented employee fails to select a QME from the QME panel or fails to schedule an appointment with the selected QME, the claims administrator may schedule an appointment with a panel QME only as provided in Labor Code section 4062.1(c), and shall notify the employee of the appointment as provided in that section.

(d) Whenever the employee is represented by an attorney and the parties have completed the conferring and striking processes described in Labor Code section 4062.2(c), the represented employee shall schedule the appointment with the physician selected from the QME panel. If the represented employee fails to do so within ten (10) business days of the date a QME is selected from the panel, the claims administrator or administrator's attorney may arrange the appointment and notify the employee and employee's attorney.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§31.5. QME Replacement Requests.

Note • History

(a) A replacement QME to a panel, or at the discretion of the Medical Director a replacement of an entire panel of QMEs, shall be selected at random by the Medical Director and provided upon request whenever any of the following occurs:

(1) A QME on the panel issued does not practice in the specialty requested by the party holding the legal right to request the panel.

(2) A QME on the panel issued cannot schedule an examination for the employee within sixty (60) days of the initial request for an appointment, or if the 60 day scheduling limit has been waived pursuant to section 33(e) of Title 8 of the California Code of Regulations, the QME cannot schedule the examination within ninety (90) days of the date of the initial request for an appointment.

(3) The injured worker has changed his or her residence address since the QME panel was issued and prior to date of the initial evaluation of the injured worker.

(4) A physician on the QME panel is a member of the same group practice as defined by Labor Code section 139.3 as another QME on the panel.

(5) The QME is unavailable pursuant to section 33 (Unavailability of the QME).

(6) The evaluator who previously reported in the case is no longer available.

(7) A QME named on the panel is currently, or has been, the employee's primary treating physician or secondary physician as described in section 9785 of Title 8 of the California Code of Regulations for the injury currently in dispute.

(8) The claims administrator, or if none the employer, and the employee agree in writing, for the employee's convenience only, that a new panel may be issued in the geographic area of the employee's work place and a copy of the employee's agreement is submitted with the panel replacement request.

(9) The Medical Director, upon written request, finds good cause that a replacement QME or a replacement panel is appropriate for reasons related to the medical nature of the injury. For purposes of this subsection, “good cause” is defined as a documented medical or psychological impairment.

(10) The Medical Director, upon written request, filed with a copy of the Doctor's First Report of Occupational Injury or Illness (Form DLSR 5021 [see 8 Cal. Code Regs. §§14006 and 14007) and the most recent DWC Form PR-2 (“Primary Treating Physician's Progress Report” [See 8 Cal. Code Regs. §9785.2) or narrative report filed in lieu of the PR-2, determines after a review of all appropriate records that the specialty chosen by the party holding the legal right to designate a specialty is medically or otherwise inappropriate for the disputed medical issue(s). The Medical Director may request either party to provide additional information or records necessary for the determination.

(11) The evaluator has violated section 34 (Appointment Notification and Cancellation) of Title 8 of the California Code of Regulations, except that the evaluator will not be replaced for this reason whenever the request for a replacement by a party is made more than fifteen (15) calendar days from either the date the party became aware of the violation of section 34 of Title 8 of the California Code of Regulations or the date the report was served by the evaluator, whichever is earlier.

(12) The evaluator failed to meet the deadlines specified in Labor Code section 4062.5 and section 38 (Medical Evaluation Time Frames) of Title 8 of the California Code of Regulations and the party requesting the replacement objected to the report on the grounds of lateness prior to the date the evaluator served the report. A party requesting a replacement on this ground shall attach to the request for a replacement a copy of the party's objection to the untimely report.

(13) The QME has a disqualifying conflict of interest as defined in section 41.5 of Title 8 of the California Code of Regulations.

(14) The Administrative Director has issued an order pursuant to section 10164(c) of Title 8 of the California Code of Regulations (order for additional QME evaluation).

(15) The selected medical evaluator, who otherwise appears to be qualified and competent to address all disputed medical issues refuses to provide, when requested by a party or by the Medical Director, either: A) a complete medical evaluation as provided in Labor Code sections 4062.3(i) and 4062.3(j), or B) a written statement that explains why the evaluator believes he or she is not medically qualified or medically competent to address one or more issues in dispute in the case.

(16) The QME panel list was issued more than twenty four (24) months prior to the date the request for a replacement is received by the Medical Unit, and none of the QMEs on the panel list have examined the injured worker.

(b) Whenever the Medical Director determines that a request made pursuant to subdivision 31.5(a) for a QME replacement or QME panel replacement is valid, the time limit for an unrepresented employee to select a QME and schedule an appointment under section Labor Code section 4062.1(c) and the time limit for a represented employee to strike a QME name from the QME panel under Labor Code section 4062.2(c), shall be tolled until the date the replacement QME name or QME panel is issued.

(c) In the event the parties in a represented case have struck two QME names from a panel and subsequently a valid ground under subdivision 31.5 arises to replace the remaining QME, none of the QMEs whose names appeared on the earlier QME panel shall be included in the replacement QME panel.

NOTE

Authority cited: Sections 133, 139.2, 4061, 4062, 4062.3, 4062.5, 5307.3 and 5703.5, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4062.3, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Amendment of subsections (b), (b)(1) and (b)(3) and new subsections (b)(4)-(5) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§31.7. Obtaining Additional QME Panel in a Different Specialty.

Note • History

(a) Once an Agreed Medical Evaluator, an Agreed Panel QME, or a panel Qualified Medical Evaluator has issued a comprehensive medical/legal report in a case and a new medical dispute arises, the parties, to the extent possible, shall obtain a follow-up evaluation or a supplemental evaluation from the same evaluator.

(b) Upon a showing of good cause that a panel of QME physicians in a different specialty is needed to assist the parties reach an expeditious and just resolution of disputed medical issues in the case, the Medical Director shall issue an additional panel of QME physicians selected at random in the specialty requested. For the purpose of this section, good cause means:

(1) An order by a Workers' Compensation Administrative Law Judge for a panel of QME physicians that also either designates a party to select the specialty or states the specialty to be selected and the residential or employment-based zip code from which to randomly select evaluators; or

(2) The AME or QME selected advises the parties and the Medical Director, or his or her designee, that she or he has completed or will complete a timely evaluation of the disputed medical issues within his or her scope of practice and areas of clinical competence but recommends that a new evaluator in another specialty is needed to evaluate one or more remaining disputed medical conditions, injuries or issues that are outside of the evaluator's areas of clinical competence, and either the injured worker is unrepresented or the parties in a represented case have been unable to select an Agreed Medical Evaluator for that purpose; or

(3) A written agreement by the parties in a represented case that there is a need for an additional comprehensive medical legal report by an evaluator in a different specialty, that attempts to select an Agreed Medical Evaluator pursuant to Labor Code section 4062.2 for that purpose have failed and the specialty that the parties have agreed upon for the additional evaluation; or

(4) In an unrepresented case, that the parties have conferred with an Information and Assistance Officer, have explained the need for an additional QME evaluator in another specialty to address disputed issues and, as noted by the Information and Assistance Officer on the panel request form, the parties have reached agreement in the presence of and with the assistance of the Officer on the specialty requested for the additional QME panel. The parties may confer with the Information and Assistance Officer in person or by conference call.

NOTE

Authority cited: Sections 133, 139.2, 4061, 4062, 4062.3, 4062.5, 5307.3 and 5703.5, Labor Code. Reference: Sections 139.2, 4061, 4062, 4062.1, 4062.2, 4062.3, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§32. Consultations.

Note • History

(a) In any case where an acupuncturist has been selected by the injured worker from a three-member panel and an issue of disability is in dispute, the acupuncturist shall request a consult from a QME defined under section 1(z) to evaluate the disability issue(s). The acupuncturist shall evaluate all other issues as required for a complete evaluation. If requested by the QME acupuncturist to obtain a QME to provide the consulting evaluation, the Medical Director shall issue a panel within fifteen (15) days of the request in the specialty selected by the QME acupuncturist.

(b) Except as provided in subdivision 32(a) above, no QME may obtain a consultation for the purpose of obtaining an opinion regarding permanent disability and apportionment consistent with the requirements of Labor Code sections 4660 through 4664 and the AMA Guides.

(c) For injuries occurring on or after January 1, 1994, a QME may obtain a consultation from any physician as reasonable and necessary pursuant to Labor Code section 4064(a).

(d) Whenever an Agreed Panel QME or a QME determines that a consultation is necessary pursuant to this section and the physician selected for the consultation is not selected by the parties from a QME panel issued by the Medical Director, the referring QME must arrange the consultation appointment and advise the injured employee and the claims administrator, or if none the employer, and each party's attorney if any, in writing of the appointment date, time and place by use of QME Form 110 (QME Appointment Notification Form)(See, 8 Cal. Code Regs. §110).

(e) The consulting physician shall serve the consulting report on the referring QME. Upon receipt of the consulting physician's report, the referring evaluator shall review the consulting physician's report, incorporate that report by reference into the referring evaluator's medical-legal report and comment on the consulting physician's findings and conclusions in the discussion sections of the evaluator's report.

(f) The referring QME shall file the comprehensive medical-legal report within the time periods specified in section 38 of Title 8 of the California Code of Regulations. In the event a consulting physician's report has not been received, or will not be received, in time to comply with the time periods, the referring QME shall serve the comprehensive medical-legal report timely, and upon receipt of the consulting physician's report, the referring evaluator shall, within fifteen (15) calendar days of receipt of the consulting report, issue a supplemental report that incorporates the consulting physician's report by reference, and comments on whether and how the findings in the consulting report change the referring evaluator's opinions. The referring evaluator shall list, in the report commenting on a consulting physician's report, all reports and information received from each party for the consulting physician, indicate whether each item was forwarded to the consulting physician, and for items not forwarded the reason the referring evaluator determined it was not necessary to forward the item to the consulting physician.

(g) With the exception of verbal communications between an injured worker and the consulting physician in the course of the consulting examination, all other communications by the parties, as well as any reports and other information from the parties for the consulting physician, if any, shall be made in writing directed only to the referring QME, who may forward such communications on to the consulting physician as appropriate. With the exception of deposing the consulting physician if necessary and except as provided in this subdivision, neither party nor a party's attorney, shall communicate directly with nor send correspondence or records directly to the consulting physician.

NOTE: Form referred to above is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2, 4061, 4062, 4064, 5307.3 and 5703.5, Labor Code. Reference: Sections 3209.3, 4061, 4062, 4062.1, 4062.2, 4064, 4067 and 5703.5, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Renumbering of former section 32 to new section 30.5 and renumbering and amendment of former section 32.5 to section 32 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§32.5. [Reserved]

Note • History

NOTE

Authority cited: Sections 139.2, 4061, 4062 and 4064, Labor Code. Reference: Sections 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Renumbering of former section 32.5 to section 32 and renumbering and amendment of former section 32.7 to section 32.5 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§32.6. Additional QME Evaluations Ordered by the Appeals Board.

Note • History

The Medical Director shall issue a panel of Qualified Medical Evaluators upon receipt of an order of a Workers' Compensation Administrative Law Judge or the Appeals Board, that includes a finding that an additional evaluation is reasonable and necessary to resolve disputed issues under Labor Code sections 4060, 4061 or 4062. The order shall specify the residential or employment-based zip code from which to randomly select evaluators, specify the specialty for the QME panel or designate the party who shall select the specialty of the QME panel, and specify who shall select a new specialty in the event there are too few QMEs in the specialty initially selected to issue a panel in accordance with section 31(d) of Title 8 of the California Code of Regulations.

NOTE

Authority cited: Sections 133, 139.2, 4061, 4062, 4064, 5307.3, 5703 and 5703.5, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 4064, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§32.7. Rebuttal QME Examinations. [Renumbered]

Note • History

NOTE

Authority cited: Sections 139.2, 4061 and 4062, Labor Code. Reference: Sections 4061 and 4064, Labor Code.

HISTORY

1. New section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Renumbering of former section 32.7 to section 32.5 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§33. Unavailability of QME.

Note • History

(a) A QME who will be unavailable to schedule or perform comprehensive medical evaluations as an Agreed Panel QME or as a Panel QME for a period of 14 days, or up to a maximum of 90 days during a one year fee period, for any reason shall notify the Medical Director by submitting the form in Section 109 (Notice of Qualified Medical Evaluator Unavailability) (see, 8 Cal. Code Regs. §109) at least 30 days before the period of unavailability is to begin. The Medical Director may, in his or her discretion, grant unavailable status within the 30-day notice period for good cause, including but not limited to medical or family emergency.

(b) At the time of requesting unavailable status, the QME shall provide the Medical Director with a list of any and all comprehensive medical/legal evaluation examinations already scheduled during the time requested for unavailable status. The QME shall indicate whether each such examination is being rescheduled or the QME plans to complete the exam and report while in unavailable status.

(c) A QME who is unavailable as provided in subdivision (a) shall not perform any new evaluation examinations as a QME until the physician returns to active QME status. Such a QME may complete medical-legal examinations and reports already scheduled and reported to the Medical Director, as well as reports for evaluation examinations performed prior to becoming unavailable under subdivision (a). Such a QME also may complete supplemental reports.

(d) It shall not be an acceptable reason for unavailability that a QME does not intend to perform comprehensive medical-legal evaluations for unrepresented workers. A QME who has filed notifications for unavailability totaling more than ninety (90) days during the QME fee period without good cause may be denied reappointment subject to section 52 of Title 8 of the California Code of Regulations. Good cause includes, but is not limited to, sabbaticals, or death or serious illness of an immediate family member.

(e) If a party with the legal right to schedule an appointment with a QME is unable to obtain an appointment with a selected QME within sixty (60) days of the date of the appointment request, that party may waive the right to a replacement in order to accept an appointment no more than ninety (90) days after the date of the party's initial appointment request. When the selected QME is unable to schedule the evaluation within ninety (90) days of the date of that party's initial appointment request, either party may report the unavailability of the QME and the Medical Director shall issue a replacement pursuant to section 31.5 of Title 8 of the California Code of Regulations upon request, unless both parties agree in writing to waive the ninety (90) day time limit for scheduling the initial evaluation.

(f) If a QME fails to notify the Medical Director, by submitting the form in section 109 (Notice of Qualified Medical Evaluator Unavailability) (see, 8 Cal. Code Regs. §109), of his or her unavailability at a medical office at least thirty (30) days prior to the period the evaluator becomes unavailable, the Medical Director may designate the QME to be unavailable at that location for thirty (30) days from the date the Medical Director learns of the unavailability.

(g) Whenever the Medical Director is notified by a party seeking an appointment with a Qualified Medical Evaluator, or otherwise becomes aware, that the QME is not available and not responding to calls or mail at a location listed for the QME, a certified letter will be sent to the QME by the Medical Director regarding his/her unavailability. If the Medical Director does not receive a response within fifteen (15) days of the date the certified letter is mailed, then the QME will be made unavailable at that location. The time a QME is placed on unavailable status pursuant to this subdivision shall count toward the ninety (90) day limit in subdivision 33(a) of Title 8 of the California Code of Regulations.

NOTE: Form referred to above is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4062.5 and 4067, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§33.1. The Notice of QME Unavailability Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section heading, repealer and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§34. Appointment Notification and Cancellation.

Note • History

(a) Whenever an appointment for a comprehensive medical evaluation is made with a QME, the QME shall complete an appointment notification form by submitting the form in Section 110 (QME Appointment Notification Form)(See, 8 Cal. Code Regs. §110). The completed form shall be postmarked or sent by facsimile to the employee and the claims administrator, or if none the employer, within 5 business days of the date the appointment was made. In a represented case, a copy of the completed form shall also be sent to the attorney who represents each party, if known. Failure to comply with this requirement shall constitute grounds for denial of reappointment under section 51 of Title 8 of the California Code of Regulations.

(b) The QME shall schedule an appointment for a comprehensive medical-legal examination which shall be conducted only at the medical office listed on the panel selection form. However, upon written request by the injured worker and only for his or her convenience, the evaluation appointment may be moved to another medical office of the selected QME if it is listed with the Medical Director as an additional office location.

(c) The QME shall include within the notification whether a Certified Interpreter, as defined by Labor Code Section 5811 and subject to the provisions of section 9795.3 of Title 8 of the California Code of Regulations, is required and specify the language. The interpreter shall be arranged by the party who is to pay the cost as provided for in Section 5811 of the Labor Code.

(d) An evaluator, whether an AME, Agreed Panel QME or QME, shall not cancel a scheduled appointment less than six (6) business days prior to the appointment date, except for good cause. Whenever an evaluator cancels a scheduled appointment, the evaluator shall advise the parties in writing of the reason for the cancellation. The Appeals Board shall retain jurisdiction to resolve disputes among the parties regarding whether an appointment cancellation pursuant to this subdivision was for good cause. The Administrative Director shall retain jurisdiction to take appropriate disciplinary action against any Agreed Panel QME or QME for violations of this section.

(e) An Agreed Panel QME or a QME who cancels a scheduled appointment shall reschedule the appointment to a date within thirty (30) calendar days of the date of cancellation. The re-scheduled appointment date may not be more than sixty (60) calendar days from the date of the initial request for an appointment, unless the parties agree in writing to accept the date beyond the sixty (60) day limit.

(f) An Agreed Medical Evaluator who cancels a scheduled appointment shall reschedule the appointment within sixty (60) calendar days of the date of the cancellation, unless the parties agree in writing to accept an appointment date no more than thirty (30) calendar days beyond the sixty (60) day limit.

(g) Failure to receive relevant medical records, as provided in section 35 of Title 8 of the California Code of Regulations and section 4062.3 of the Labor Code, prior to a scheduled appointment shall not constitute good cause under this section for the evaluator to cancel the appointment, unless the evaluator is a psychiatrist or psychologist performing an evaluation regarding a disputed injury to the psyche who states in the evaluation report that receipt of relevant medical records prior to the evaluation was necessary to conduct a full and fair evaluation.

(h) An appointment scheduled with an evaluator, whether an AME, Agreed Panel QME or QME shall not be cancelled or rescheduled by a party or the party's attorney less than six (6) business days before the appointment date, except for good cause. Whenever the claims administrator, or if none the employer, or the injured worker, or either party's attorney, cancels an appointment scheduled by an evaluator, the cancellation shall be made in writing, state the reason for the cancellation and be served on the opposing party. Oral cancellations shall be followed with a written confirming letter that is faxed or mailed by first class U.S. mail within twenty four hours of the verbal cancellation and that complies with this section. An injured worker shall not be liable for any missed appointment fee whenever an appointment is cancelled for good cause. The Appeals Board shall retain jurisdiction to resolve disputes regarding whether an appointment cancellation by a party pursuant to this subdivision was for good cause.

(i) The date of cancellation shall be determined from the date of postmark, if mailed, or from the facsimile receipt date as shown on the recipient's fax copy.

NOTE: Form referred to above is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections , 133, 139.2 and 5307.3, Labor Code. Reference: Sections 4060, 4061, 4062, 4062.1, 4062.2 and 4067, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of subsections (a) and (c) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§34.1. The Appointment Notification Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§35. Exchange of Information and Ex Parte Communications.

Note • History

(a) The claims administrator, or if none the employer, shall provide, and the injured worker may provide, the following information to the evaluator, whether an AME, Agreed panel QME or QME:

(1) All records prepared or maintained by the employee's treating physician or physicians;

(2) Other medical records, including any previous treatment records or information, which are relevant to determination of the medical issue(s) in dispute;

(3) A letter outlining the issues that the evaluator is requested to address in the evaluation, which shall be served on the opposing party no less than 20 days in advance of the evaluation;

(4) Whenever the treating physician's recommended medical treatment is disputed, a copy of the treating physician's report recommending the medical treatment with all supporting documents, a copy of claims administrator's, or if none the employer's, decision to approve, delay, deny or modify the disputed treatment with the documents supporting the decision, and all other relevant communications about the disputed treatment exchanged during the utilization review process required by Labor Code section 4610;

(5) Non-medical records, including films and videotapes, which are relevant to determination of medical issue(s) in dispute, after compliance with subdivision 35(c) of Title 8 of the California Code of Regulations.

(b)(1) All communications by the parties with the evaluator shall be in writing and sent simultaneously to the opposing party when sent to the medical evaluator, except as otherwise provided in subdivisions (c), (k) and (l) of this section.

(2) Represented parties who have selected an Agreed Medical Evaluator or an Agreed Panel QME shall, as part of their agreement, agree on what information is to be provided to the AME or the Agreed Panel QME, respectively.

(c) At least twenty (20) days before the information is to be provided to the evaluator, the party providing such medical and non-medical reports and information shall serve it on the opposing party. Mental health records that are subject to the protections of Health and Safety Code section 123115(b) shall not be served directly on the injured employee, but may be provided to a designated health care provider as provided in section 123115(b)(2), and the injured employee shall be notified in writing of this option for each such record to be provided to the evaluator. In both unrepresented and represented cases the claims administrator shall attach a log to the front of the records and information being sent to the opposing party that identifies each record or other information to be sent to the evaluator and lists each item in the order it is attached to or appears on the log. In a represented case, the injured worker's attorney shall do the same for any records or other information to be sent to the evaluator directly from the attorney's office, if any. The claims administrator, or if none the employer, shall include a cover letter or other document when providing such information to the employee which shall clearly and conspicuously include the following language: “Please look carefully at the enclosed information. It may be used by the doctor who is evaluating your medical condition as it relates to your workers' compensation claim. If you do not want the doctor to see this information, you must let me know within 10 days.”

(d) If the opposing party objects within 10 days to any non-medical records or information proposed to be sent to an evaluator, those records and that information shall not be provided to the evaluator unless so ordered by a Workers' Compensation Administrative Law Judge.

(e) In no event shall any party forward to the evaluator: (1) any medical/legal report which has been rejected by a party as untimely pursuant to Labor Code section 4062.5; (2) any evaluation or consulting report written by any physician other than a treating physician, the primary treating physician or secondary physician, or an evaluator through the medical-legal process in Labor Code sections 4060 through 4062, that addresses permanent impairment, permanent disability or apportionment under California workers' compensation laws, unless that physician's report has first been ruled admissible by a Workers' Compensation Administrative Law Judge; or (3) any medical report or record or other information or thing which has been stricken, or found inadequate or inadmissible by a Workers' Compensation Administrative Law Judge, or which otherwise has been deemed inadmissible to the evaluator as a matter of law.

(f) Either party may use discovery to establish the accuracy or authenticity of non-medical records or information prior to the evaluation.

(g) Copies of all records being sent to the evaluator shall be sent to all parties except as otherwise provided in section (d) and (e). Failure to do so shall constitute ex parte communication within the meaning of subdivision (k) below by the party transmitting the information to the evaluator.

(h) In the event that the unrepresented employee schedules an appointment within 20 days of receipt of the panel, the employer or if none, the claims administrator shall not be required to comply with the 20 day time frame for sending medical information in subsection (c) provided, however, that the unrepresented employee is served all non-medical information in subdivision (c) 20 days prior to the information being served on the QME so the employee has an opportunity to object to any non-medical information.

(i) In the event that a party fails to provide to the evaluator any relevant medical record which the evaluator deems necessary to perform a comprehensive medical-legal evaluation, the evaluator may contact the treating physician or other health care provider, to obtain such record(s). If the party fails to provide relevant medical records within 10 days after the date of the evaluation, and the evaluator is unable to obtain the records, the evaluator shall complete and serve the report to comply with the statutory time frames under section 38 of Title 8 of the California Code of Regulations. The evaluator shall note in the report that the records were not received within the required time period. Upon request by a party, or the Appeals Board, the evaluator shall complete a supplemental evaluation when the relevant medical records are received. For a supplemental report the evaluator need not conduct an additional physical examination of the employee if the evaluator believes a review of the additional records is sufficient.

(j) The evaluator and the employee's treating physician(s) may consult as necessary to produce a complete and accurate report. The evaluator shall note within the report new or additional information received from the treating physician.

(k) The Appeals Board shall retain jurisdiction in all cases to determine disputes arising from objections and whether ex parte contact in violation of Labor Code section 4062.3 or this section of Title 8 of the California Code of Regulations has occurred. If any party communicates with an evaluator in violation of Labor Code section 4062.3, the Medical Director shall provide the aggrieved party with a new panel in which to select a new QME or the aggrieved party may elect to proceed with the original evaluator. Oral or written communications by the employee, or if the employee is deceased by the employee's dependent, made in the course of the examination or made at the request of the evaluator in connection with the examination shall not provide grounds for a new evaluator unless the Appeals Board has made a specific finding of an impermissible ex parte communication.

(l) In claims involving a date of injury prior to 1/1/2005 where the injured worker is represented by an attorney and the parties have decided to each select a separate Qualified Medical Evaluator, the provisions of this section shall not apply to the communications between a party and the QME selected by that party.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4062.3, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. New subsection (c) and subsection relettering, amendment of newly designated subsections (d) and (e) and new subsection (f) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. New subsection (b)(3) and amendment of subsection (e) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§35.5. Compliance by AMEs and QMEs with Administrative Director Evaluation and Reporting Guidelines.

Note • History

(a) Each evaluation examination and report completed pursuant to Labor Code sections 4060, 4061, 4062, 4062.1, 4062.2, 4064, 4067 or 5703.5 shall be performed in compliance with all appropriate evaluation procedures pursuant to this Chapter.

(b) Each reporting evaluator shall state in the body of the comprehensive medical-legal report the date the examination was completed and the street address at which the examination was performed. If the evaluator signs the report on any date other than the date the examination was completed, the evaluator shall enter the date the report is signed next to or near the signature on the report.

(c) The evaluator shall address all contested medical issues arising from all injuries reported on one or more claim forms prior to the date of the employee's appointment with the medical evaluator that are issues within the evaluator's scope of practice and areas of clinical competence. The reporting evaluator shall attempt to address each question raised by each party in the issue cover letter sent to the evaluator as provided in subdivision 35(a)(3).

(d) At the evaluator's earliest opportunity and no later than the date the report is served, the evaluator shall advise the parties in writing of any disputed medical issues outside of the evaluator's scope of practice and area of clinical competency in order that the parties may initiate the process for obtaining an additional evaluation pursuant to section 4062.1 or 4062.2 of the Labor Code and these regulations in another specialty. In the case of an Agreed Panel QME or a panel QME, the evaluator shall send a copy of the written notification provided to the parties to the Medical Director at the same time. However, only a party's request for an additional panel, with the evaluator's written notice under this section attached, or an order by a Workers' Compensation Administrative Law Judge, will be acted upon by the Medical Director to issue a new QME panel in another specialty in the claim.

(e) In the event a new injury or illness is claimed involving the same type of body part or body system and the parties are the same, or in the event either party objects to any new medical issue within the evaluator's scope of practice and clinical competence, the parties shall utilize to the extent possible the same evaluator who reported previously.

(f) Unless the Appeals Board or a Workers' Compensation Administrative Law Judge orders otherwise or the parties agree otherwise, whenever a party is legally entitled to depose the evaluator, the evaluator shall make himself or herself available for deposition within at least one hundred twenty (120) days of the notice of deposition and, upon the request of the unrepresented injured worker and whenever consistent with Labor Code section 5710, the deposition shall be held at the location at which the evaluation examination was performed, or at a facility or office chosen by the deposing party that is not more than 20 miles from the location of the evaluation examination.

(g) Whenever an Agreed Medical Evaluator or Qualified Medical Evaluator provides an opinion in a comprehensive medical/legal report on a disputed medical treatment issue, the evaluator's opinion shall be consistent with and apply the standards of evidence-based medicine set out in Division 1, Chapter 4.5, Subchapter 1, sections 9792.20 et seq of Title 8 of the California Code of Regulations (Medical Treatment Utilization Schedule). In the event the disputed medical treatment, condition or injury is not addressed by the Medical Treatment Utilization Schedule, the evaluator's medical opinion shall be consistent with and refer to other evidence-based medical treatment guidelines, peer reviewed studies and articles, if any, and otherwise shall explain the medical basis for the evaluator's reasoning and conclusions.

NOTE

Authority cited: Sections 133, 139.2, 4062.3 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064, 4067, 4604.5, 4628, 5703.5, 5307.27 and 5710, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section heading and section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§36. Service of Comprehensive Medical-Legal Evaluation Reports by Medical Evaluators Including Reports Under Labor Code Section 4061.

Note • History

(a) Whenever an injured worker is represented by an attorney, the evaluator shall serve each comprehensive medical-legal evaluation report, follow-up comprehensive medical-legal evaluation report and supplemental evaluation report on the injured worker, his or her attorney and on the claims administrator, or if none the employer, by completing QME Form 122 (AME or QME Declaration of Service of Medical-Legal Report Form)(See, 8 Cal. Code Regs. §122) and attaching QME Form 122 to the report, unless section 36.5 of Title 8 of the California Code of Regulations applies. If applicable in a claim involving disputed injury to the psyche, the evaluator shall comply with the requirements of section 36.5 of Title 8 of the California Code of Regulations (Service of Comprehensive Medical-Legal Report in Claims of Injury to the Psyche)(See, 8 Cal. Code Regs. §§36.5, 120 and 121).

(b) Whenever an injured worker is not represented by an attorney, the Qualified Medical Evaluator shall serve each comprehensive medical-legal evaluation report, follow-up evaluation report or supplemental report that addresses only disputed issues outside of the scope of Labor Code section 4061, by completing the questions and declaration of service on the QME Form 111 (QME Findings Summary Form) (See, 8 Cal. Code Regs. §111), and by serving the report with the QME Form 111 attached, on the injured worker and the claims administrator, or if none on the employer, unless section 36.5 of Title 8 of the California Code of Regulations applies. If applicable in a claim involving disputed injury to the psyche, the evaluator shall comply with the requirements of section 36.5 of Title 8 of the California Code of Regulations (Service of Comprehensive Medical-Legal Report in Claims of Injury to the Psyche)(See, 8 Cal. Code Regs. §§36.5, 120 and 121.)

(c) Whenever the evaluator is serving a medical-legal evaluation report that addresses or describes findings and conclusions pertaining to permanent impairment, permanent disability or apportionment of an unrepresented injured worker, the evaluator shall serve the evaluation report, the completed QME Form 111 (QME Findings Summary Form) (See, 8 Cal. Code Regs. §111), DWC-AD Form 100 (DEU) (Employee's Disability Questionnaire)(See, 8 Cal. Code Regs. §§10160 and 10161) and DWC-AD Form 101 (DEU) (Request for Summary Rating Determination of Qualified Medical Evaluator's Report)(See, 8 Cal. Code Regs. §§10160 and 10161), with the document cover sheet, DWC-CA form 10232.1 (see, 8 Cal. Code Regs. §10232.1), and separator sheet, DWC-CA form 10232.2 (see, 8 Cal. Code Regs. §10232.2), as required by Title 8, California Code of Regulations section 10160(d)(4), on the local DEU office, at the same time as serving the report, QME Form 111, DWC-AD Form 100 (DEU) and DWC-AD Form 101 (DEU) on the claims administrator, or if none the employer, and on the unrepresented employee within the time frames specified in section 38 of Title 8 of the California Code or Regulations, unless section 36.5 of Title 8 of the California Code of Regulations applies. If applicable, in cases involving disputed injury to the psyche, the evaluator shall follow the procedures described in section 36.5 of Title 8 of the California Code of Regulations (Service of Comprehensive Medical-Legal Report in Claims of Injury to the Psyche)(See, 8 Cal. Code Regs.§§36.5, 120 and 121).

(d) If an evaluation report is completed for an unrepresented employee, in which the QME determines that the employee's condition has not become permanent and stationary as of the date of the evaluation, the parties shall request any further evaluation from the same QME if the QME is currently an active QME and available at the time of the request for the additional evaluation. If the QME is unavailable, a new panel may be issued to resolve any disputed issue(s). If the evaluator is no longer a QME, he/she may issue a supplemental report as long as a face-to-face evaluation (as defined in section 49(b) of Title 8 of the California Code of Regulations) with the injured worker is not required. In no event shall a physician who is not a QME or no longer a QME perform a follow up evaluation on an unrepresented injured worker.

(e) After a Qualified Medical Evaluator has served a comprehensive medical-legal report that finds and describes permanent impairment, permanent disability or apportionment in the case of an unrepresented injured worker, the QME shall not issue any supplemental report on any of those issues in response to a party's request until after the Disability Evaluation Unit has issued an initial summary rating report, or unless the evaluator is otherwise directed to issue a supplemental report by the Disability Evaluation Unit, by the Administrative Director or by a Workers' Compensation Administrative Law Judge. A party wishing to request a supplemental report pursuant to subdivision 10160(f) of Title 8 of the California Code of Regulations, based on the party's objection to or need for clarification of the evaluator's discussion of permanent impairment, permanent disability or apportionment, may do so only by sending the detailed request, within the time limits of subdivision 10160(f), directly to the DEU office where the report was served by the evaluator and not to the evaluator until after the initial summary rating has been issued.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 4060, 4061, 4062, 4062.1, 4062.2, 4064, 4067, 4600 and 4660-4664, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section heading, section and Note filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§36.1. The Qualified or Agreed Medical Evaluator's Findings Summary Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 139, 139.2, 4061 and 4062, Labor Code. Reference: Sections 139.2, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending section filed 11-9-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 45).

3. Amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

4. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§36.5. Service of Comprehensive Medical/Legal Report in Claims of Injury to the Psyche.

Note • History

(a) For any evaluation involving a claimed or disputed injury to the psyche, the injured worker shall be advised by the evaluator that the employee's copy of the comprehensive medical-legal report, and any follow up or supplemental reports, from the evaluation may be served either directly on the injured worker or instead on a physician designated in writing by the injured worker prior to leaving the evaluator's office, for the purpose of reviewing and discussing the evaluation report with the injured worker. The evaluator shall explain that the designated physician may be but need not be the injured worker's primary treating physician in the workers' compensation claim and that the employer will be responsible for payment for one office visit with the designated physician for this purpose.

(b) Whenever injury to the psyche is claimed and in the course of the evaluation, the evaluator makes a determination pursuant to Health and Safety Code section 123115(b) that there is a substantial risk of significant adverse or detrimental medical consequences to the injured worker from seeing or receiving a copy of part or all of evaluation report which is a mental health record, the evaluator shall do all of the following:

(1) Complete QME Form 121 (Declaration Regarding Protection of Mental Health Record);

(2) Advise the injured worker that the determination under Health and Safety Code 123115(b) has been made regarding the evaluation report as a mental health record and that the evaluator only may serve the injured worker's copy of the evaluation report on a person who is a licensed physician, as defined in Labor Code section 3209.3, whose name the injured worker may designate in writing prior to leaving the evaluator's office, or on the employee's attorney, if any;

(3) Permit inspection and copying of the mental health record(s) subject to the Health and Safety Code section 123115(b) determination, only by a licensed physician as defined in Labor Code section 3209.3 or another health care provider as defined in Health and Safety Code section 123105(a);

(4) Complete the QME Form 121 and enter the name and address of the physician designated in writing by the injured worker on this form;

(5) Attach a completed copy of QME Form 121 (Declaration Regarding Protection of Mental Health Record) to the copy of the evaluation report in the injured worker's medical or medical-legal file;

(6) Serve the completed comprehensive medical-legal evaluation report, follow-up medical-legal report or supplemental medical-legal report(s) subject to the provisions of this section, with the completed QME Form 121 (Declaration Regarding Protection of Mental Health Record) attached, on the licensed physician designated by the injured worker on QME Form 121, and on the claims administrator, and on each party's attorney, if any, as provided in section 36, and within the time periods in section 38, of Title 8 of the California Code of Regulations. In the event the injured worker designates a physician on QME Form 121 other than the current primary treating physician in his or her workers' compensation claim, the evaluator shall also serve a copy of the report with the QME Form 121 attached on the primary treating physician;

(7) Whenever the report addresses any permanent impairment, permanent disability or apportionment and the injured worker is not represented by an attorney, a copy of the report with the completed QME Form 121 attached shall also be served on the appropriate office of the Disability Evaluation Unit, along with the QME Form 111 (QME's Findings Summary Form), and DWC-AD form 100 (DEU) (Employee's Disability Questionnaire)(See, 8 Cal. Code Regs. §§10160 and 10161) and DWC-AD form 101 (DEU) (Request for Summary Rating Determination of Qualified Medical Evaluator's Report)(See, 8 Cal. Code Regs. §§10160 and 10161), with the document cover sheet, DWC-CA form 10232.1 (see, 8 Cal. Code Regs. §10232.1), and separator sheet, DWC-CA form 10232.2 (see, 8 Cal. Code Regs. §10232.2), as required by Title 8, California Code of Regulations section 10160(d)(4);

(8) Whenever the report addresses permanent impairment, permanent disability or apportionment and the injured worker is represented by an attorney, a copy of the report with the completed QME Form 121 attached shall be served with QME Form 122 (AME or QME Declaration of Service of Medical-Legal Report) on the physician designated by the injured worker, the injured worker's attorney and on the claims administrator's attorney, or if none on the claims administrator.

(c) “Mental health record” for the purposes of this subdivision means a medical treatment or evaluation record created by or received and reviewed by a licensed physician, as defined in Labor Code section 3209.3, in the course of treating or evaluating the injured worker in a workers' compensation claim, and includes for the purposes of this subdivision but is not limited to, treatment records and comprehensive medical-legal reports.

(d) Upon serving the employee's copy of the medical-legal report in compliance with subdivisions 36.5(b)(6), 36.5(b)(7) or 36.5(b)(8) of Title 8 of the California Code of Regulations on the physician designated by the employee on the QME Form 121 (Declaration Regarding Protection of Mental Health Record), the evaluator's obligation to serve the report on the injured worker under Labor Code sections 139.2(j)(1) and 4061(c), and section 36 of Title 8 of the California Code of Regulation, shall be deemed satisfied.

(e) Mental health records subject to a determination under Health and Safety Code section 123115(b) and this subdivision shall be kept confidential by the claims administrator and all parties' attorneys in the case unless ordered otherwise by a Workers' Compensation Administrative Law Judge. Whenever such a mental health record is filed by a party at the Workers' Compensation Appeals Board, the party filing such a record shall request and obtain a protective order from a Workers' Compensation Administrative Law Judge that shall specify in what manner the mental health record may be inspected, copied and entered into evidence.

(f) Whenever the injured worker advises the evaluator that he or she prefers to have the evaluation report served on a designated physician as provided in subdivision 36.5(b) above, and the evaluator does not make a determination pursuant to Health and Safety Code section 123115(b), the evaluator shall provide QME Form 120 (Voluntary Directive for Alternate Service of Medical-Legal Report) (See, 8 Cal. Code Regs. §120) to the injured worker and shall request the injured worker to complete the form before leaving the evaluator's office.

(g) Upon receipt by the evaluator of a QME Form 120 completed by the injured worker, the evaluator shall attach the original executed QME Form 120 to the original medical-legal report for service on the claims administrator, or if none on the employer. The evaluator shall serve the evaluation report with QME Form 120 attached by completing the questions and the declaration of proof of service on QME Form 111 (Qualified Medical Evaluator's Findings Summary Form)(See, 8 Cal. Code Regs. §111). In the case of an unrepresented injured worker, the evaluator shall serve the report with the required forms as provided in subdivision 36.5(b)(7) of Title 8 of the California Code of Regulations. In the case of a represented injured worker, the evaluator shall serve the report with QME Form 120 attached, by completing the declaration of service on QME Form 122 (AME or QME Declaration of Service of Medical-Legal Report)(See, 8 Cal. Code §122) and serving it with the report.

(h) Whenever an evaluation report is being served on a designated physician with QME Form 120 (Voluntary Directive for Alternate Service of Medical-Legal Report) (See, 8 Cal. Code Regs. §120), the evaluator shall serve two copies of the medical-legal report with the QME Form 120 attached on the physician designated on the form by the injured worker, at the same time as serving the copies of the medical-legal report on the claims administrator, or if none on the employer, and on the injured worker's attorney if any. Service of a medical-legal report by an evaluator in compliance with this subdivision shall satisfy the evaluator's obligation to serve a copy of the report on the employee under Labor Code sections 139.2(j)(1) and 4061(c,) and section 36 of Title 8 of the California Code of Regulations.

(i) The physician designated by the injured worker in writing and listed on QME Form 120 or QME Form 121 shall not be limited to the primary treating physician in the disputed workers' compensation claim. As an additional medical treatment expense incurred in the claim within the meaning of section 4600 of the Labor Code, the claims administrator, or if none the employer, shall reimburse the physician designated by the injured worker and listed on either the QME Form 121 (Declaration Regarding Protection of Mental Health Record) or the QME Form 120 (Voluntary Directive for Alternate Service of Medical-Legal Evaluation Report on Disputed Injury to the Psyche), for one office visit, when used, for the purpose of reviewing and discussing the evaluator's report with injured worker, at the applicable rate under section 9789.11 (Physician Services Rendered on or After July 1, 2004) of Title 8 of the California Code of Regulations for an office visit and may include, as appropriate, record review, any necessary face-to-face time during the visit in excess of that specified in the applicable CPT office visit code, and charges, for time required to prepare a treatment report pertaining to the office visit, if necessary.

(j)Whenever the comprehensive medical-legal report is served by the evaluator on a physician pursuant to subdivision 36.5(f) with the QME Form 120 (Voluntary Directive for Alternate Service of Medical-Legal Report on Disputed Injury to the Psyche) attached, one of the two copies of the medical-legal report served on the designated physician shall be provided to the injured worker by the designated physician during the office visit.

(k) In the event the injured worker refuses or fails to designate a physician in writing to be listed on either QME Form 120 or QME Form 121, the evaluator shall serve the report as appropriate under section 36 or section 36.5, and within the time periods under section 38, of Title 8 of the California Code of Regulations, except that the injured worker's copy of the report which is subject to a finding under Health and Safety Code §123115(b) shall then be served only on the injured worker's attorney, if represented, or if not represented on the injured worker's primary treating physician.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 56-56.37, Civil Code; Sections 4060, 4061, 4062, 4062.1, 4062.2, 4064, 4067, 4600 and 4660-4664, Labor Code; Section 123115(b), Health and Safety Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§37. [Reserved]

NOTE

Authority cited: Sections 139, 4061 and 4061.5, Labor Code. Reference: Sections 139(e)(9), 4061 and 4061.5, Labor Code.

HISTORY

1. New section and forms filed 5-17-95; operative 5-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 20).

2. Repealer of section and forms filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§38. Medical Evaluation Time Frames; Extensions for QMEs and AMEs.

Note • History

(a) The time frame for an initial or a follow-up comprehensive medical-legal evaluation report to be prepared and submitted shall not exceed thirty (30) days after the QME, Agreed Panel QME or AME has seen the employee or otherwise commenced the comprehensive medical-legal evaluation procedure. If an evaluator fails to prepare and serve the initial or follow-up comprehensive medical-legal evaluation report within thirty (30) days and the evaluator has failed to obtain approval from the Medical Director for an extension of time pursuant to this section, the employee or the employer may request a QME replacement pursuant to section 31.5 of Title 8 of the California Code of Regulations. Neither the employee nor the employer shall have any liability for payment for the medical evaluation which was not completed within the timeframes required under this section unless the employee and the employer each waive the right to a new evaluation and elect to accept the original evaluation, in writing or by signing and returning to the Medical Director either QME Form 113 (Notice of Denial of Request For Time Extension) or QME Form 116 (Notice of Late QME/AME Report - No Extension Requested) (See, 8 Cal. Code Regs. §§113 and 116).

(b) All requests by an evaluator for extensions of time shall be made on form 112 (QME/AME Time Frame Extension Request) (See, 8 Cal. Code Regs. §112). If the evaluation will not be completed on the original due date, the evaluator may request an extension from the Medical Director, not to exceed an additional 30 days. An extension of the time for completing the report shall be approved, as follows:

(1) When the evaluator has not received test results or the report of a consulting physician, necessary to address all disputed medical issues in time to meet the initial 30-day deadline, an extension of up to thirty (30) days shall be granted;

(2) When the evaluator has good cause, as defined in Labor Code section 139.2(j)(1)(B), an extension of fifteen (15) days shall be granted.

(c) Not later than 5 days before the initial 30-day period to complete and serve the report expires, the evaluator shall notify the Medical Director, the employee and the claims administrator, or if none, the employer, of the request for an extension by use of QME Form 112 (QME/AME Time Extension Request) (See, 8 Cal. Code Regs. §112).

(d) The Medical Director shall notify the requesting evaluator and the parties of the decision on the extension request by completion of the box at the bottom of QME Form 112 (QME/AME Time Frame Extension Request)(See, 8 Cal. Code Regs. §112). In the event that a request for an extension of time is denied, the Medical Director shall also send the parties QME Form 113 (Notice of Denial of Request for Time Extension)(See, 8 Cal. Code Regs. §113) to be used by each party to state whether the party wishes to request a new evaluator or to accept the late report of the original evaluator.

(e) Whenever the Medical Director becomes aware that the report of a Qualified Medical Evaluator or an Agreed Medical Evaluator has not been completed within the required time under section 38 and no extension of time was requested by the evaluator, the Medical Director shall send the parties a Notice of Late QME/AME Report - No Extension Requested (QME Form 116) (See, 8 Cal. Code Regs. §116). Each party shall complete the form and return it to the Medical Director in order to indicate whether or not the party wishes to accept the late report.

(f) Good cause, as defined in Labor Code section 139.2(j)(1)(B) and section 38(b)(2) of Title 8 of the California Code of Regulations, means:

(1) medical emergencies of the evaluator or the evaluator's family;

(2) death in the evaluator's family;

(3) natural disasters or other community catastrophes that interrupt the operation of the evaluator's office operations;

(g) Extensions shall not be granted because relevant medical information/records (including Disability Evaluation Form 101 (Request for Summary Determination of Qualified Medical Evaluator's Report) (See, 8 Cal. Code Regs. §10161)) have not been received. The evaluator shall complete the report based on the information available and state that the opinions and/or conclusions may or may not change after review of the relevant medical information/records.

(h) The time frame for supplemental reports shall be no more than sixty (60) days from the date of a written or electronically transmitted request to the physician by a party. The request for a supplemental report shall be accompanied by any new medical records that were unavailable to the evaluator at the time of the original evaluation and which were properly served on the opposing party as required by Labor Code section 4062.3. An extension of the sixty (60) day time frame for completing the supplemental report, of no more than thirty (30) days, may be agreed to by the parties without the need to request an extension from the Medical Director.

(i) Evaluators requesting time extensions will be monitored and advised by the Medical Director when such a request appears unreasonable or excessive. Failure to comply with this section may constitute grounds for denial of the QME's request for reappointment pursuant to section 51 of Title 8 of the California Code of Regulations.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2(j)(1), 4061, 4062 and 5307.3, Labor Code. Reference: Sections 139.2, 4061, 4062, 4062.1, 4062.2, 4062.5, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of subsections (a) and (b), new subsections (c)-(c)(3) and subsection relettering, and amendment of newly designated subsection (d) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§38.1. The QME and AME Time Frame Extension Request Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062 and 4062.5, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending form filed 4-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).

3. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§38.2. “The Time Extension Approval” Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062 and 4062.5, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).

3. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§38.3. The “Denial of Time Extension” Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062 and 4062.5, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section heading and repealer and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§38.4. The “Notice of Late QME Report” Form. [Repealed]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062 and 4062.5, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§39. Destruction of Records by the Medical Director.

Note • History

The Medical Director may destroy any forms filed pursuant to these regulations five years after the date of receipt, provided that the completed “Application for Appointment as Qualified Medical Evaluator” form shall be preserved for each QME during the period(s) of his or her appointment as a QME. The “Request for Qualified Medical Evaluator” forms may be destroyed by the Medical Director two years after the date of receipt.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061 and 4062, Labor Code; and Section 14755, Government Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§39.5. Retention of Records by QMEs.

Note • History

(a) All QMEs shall retain a copy of all comprehensive medical-legal reports completed by the QME for a period of five years from the date of each evaluation report. A QME may satisfy this requirement by retaining only an electronic copy of the report, as long as the electronic copy retained is a true and correct copy of the original, showing the QME signature, that was served on the parties. Upon written request, a QME is required to return original radiological films, imaging studies and original medical records to the person who supplied the original records to the QME or to the injured worker.

(b) An evaluator shall submit all comprehensive medical/legal reports performed as a QME under this article to the Medical Director upon request for a review by the Medical Director. Failure to submit evaluations upon request by the Medical Director may constitute grounds for disciplinary action pursuant to Section 60.

NOTE

Authority cited: Sections 133, 139.2(j)(1) and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4062.5, Labor Code; and Section 14755, Government Code.

HISTORY

1. New section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 4. Evaluation Procedures

§40. Disclosure Requirements: Injured Workers.

Note • History

(a) An evaluator selected from a QME panel shall advise an injured worker prior to or at the time of the actual evaluation of the following:

(1) That he or she is entitled to ask the evaluator and the evaluator shall promptly answer questions about any matter concerning the evaluation process in which the QME and the injured worker are involved;

(2) That subject to section 41(g), the injured worker may discontinue the evaluation based on good cause. Good cause includes: (A) discriminatory conduct by the evaluator towards the worker based on race, sex, national origin, religion, or sexual preference, (B) abusive, hostile or rude behavior including behavior that clearly demonstrates a bias against injured workers, and (C) instances where the evaluator requests the worker to submit to an unnecessary exam or procedure.

(b) When required as a condition of probation by the Administrative Director or his/her licensing authority, the QME shall disclose his/her probationary status. The QME shall be entitled to explain any circumstances surrounding the probation. If at that time, the injured worker declines to proceed with the evaluation, such termination shall be considered by the Administrative Director to have occurred for good cause.

(c) If the injured worker declines to ask any questions relating to the evaluation procedure as set forth in section 40(a), and does not otherwise object on the grounds of good cause to the exam proceedings under section 41(a) during the exam itself, the injured worker shall have no right to object to the QME comprehensive medical-legal evaluation based on a violation of this section.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 4067, Labor Code.

HISTORY

1. New article 4 heading and section filed 4-11-95; operative 5-11-95 (Register 95, No. 15).

2. Amendment of article 4 heading filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§41. Ethical Requirements.

Note • History

(a) All QMEs, regardless of whether the injured worker is represented by an attorney, shall:

(1) Maintain a clean, professional physician's office (as defined in section 1(y) at all times which shall contain functioning medical instruments and equipment appropriate to conducting the evaluation within the physician's scope of practice and a functioning business office phone with the phone number listed with the Medical Director for that location which a party may use to schedule an examination or to handle other matters related to a comprehensive medical/legal evaluation.

(2) Schedule all appointments for comprehensive medical-legal evaluations without regard to whether a worker is unrepresented or represented by an attorney. A QME shall not refuse to schedule an appointment with an injured worker solely because the worker is not represented by an attorney or because a promise to reimburse or reimbursement is not made prior to the evaluation.

(3) Not request the employee to submit to an unnecessary exam or procedure.

(4) Refrain from treating or soliciting to provide medical treatment, medical supplies or medical devices to the injured worker.

(5) Communicate with the injured worker in a respectful, courteous and professional manner.

(6) Refrain from violating section 41.5 of Title 8 of the California Code of Regulations.

(7) Refrain from unilaterally rescheduling a panel QME examination more than two times in the same case.

(8) Refrain from cancelling a QME examination less than six (6) business days from the date the exam is scheduled without good cause and without providing a new examination date within thirty (30) calendar days of the date of cancellation.

(b) Evaluators selected from a QME panel provided by the Administrative Director shall not engage in ex parte communication in violation of Labor Code section 4062.3.

(c) All QMEs, regardless of whether the injured worker is represented by an attorney, shall with respect to his or her comprehensive medical-legal evaluation:

(1) Refuse any compensation from any source contingent upon writing an opinion that in any way could be construed as unfavorable to a party to the case.

(2) Review all available relevant medical and non-medical records and/or facts necessary for an accurate and objective assessment of the contested medical issues in an injured worker's case before generating a written report. The report must list and summarize all medical and non-medical records reviewed as part of the evaluation.

(3) Render expert opinions or conclusions without regard to an injured worker's race, sex, national origin, religion or sexual preference.

(4) Render expert opinions or conclusions only on issues which the evaluator has adequate qualifications, education, and training. All conclusions shall be based on the facts and on the evaluator's training and specialty-based knowledge and shall be without bias either for or against the injured worker or the claims administrator, or if none the employer.

(5) Present a report that addresses all relevant and contested medical issues as presented on one or more claim forms, is ratable by the DEU, if applicable, and complies with all relevant guidelines of the Administrative Director.

(6) Date the report on the date it is completed and ready for signature and service on the parties. No report shall be dated on the date of the evaluation examination unless the full written text of the report is completed and ready for signature and service on that same date.

(7) Write all portions of the report that contain discussion of medical issues, medical research used as the basis for medical determinations, and medical conclusions made by the evaluator. In the event more than one evaluator signs a single report, each signing physician shall clearly state those parts of the employee evaluation examination performed and the portions of the report discussion and conclusion drafted by the signing evaluator. Where a consultation report is obtained by an evaluator from a physician in a different specialty, the consultation report shall be incorporated by reference into the final report and appended to the referring QME's report.

(8) Serve the report as provided in these regulations at the same time on the employee and the claims administrator, or if none the employer, and on each of their attorneys, respectively.

(d) All aspects of all physical and/or psychological comprehensive medical-legal evaluations, including history taking, shall be directly related to contested medical issues as presented by any party or addressed in the reports of treating physician(s). No evaluator shall engage in any physical contact with the injured worker which is unnecessary to complete the examination.

(e) No physician certified by the Administrative Director as a QME, or his or her agent, shall contact an evaluator for the purpose of influencing that evaluator's opinions or conclusions in any comprehensive medical-legal evaluation or report.

(f) No evaluator shall schedule appointments to the extent that any injured worker will be required to wait for more than one hour at the evaluator's office prior to being seen for the previously agreed upon appointment time for an evaluation. An injured worker who is not seen by the evaluator within one hour may terminate the exam and request a replacement evaluator from the Administrative Director. No party shall be liable for the terminated exam. The evaluator may explain any reasons for the delay to the injured worker and, provided both parties agree, the evaluation may proceed or be rescheduled for a later date. If the evaluation is rescheduled, the evaluator shall provide notice of the new date of the evaluation to the parties within 5 business days after rescheduling the appointment.

(g) If the injured worker terminates the examination process based on an alleged violation of section 35(k), 40, 41(a) or 41.5 of Title 8 of the California Code of Regulations, and the Appeals Board later determines that good cause did not exist for the termination, the cost of the evaluation shall be deducted from the injured worker's award. A violation of section 40 or of any part of section 41(a) or 41.5 by the evaluator shall constitute good cause for purposes of an Appeals Board determination. No party shall be liable for any cost for medical reports or medical services delivered as a result of an exam terminated for good cause.

(h) Nothing in this section shall require an evaluator to undertake or continue a comprehensive medical-legal evaluation where the injured worker or his/her representative uses abusive language towards the evaluator or evaluator's staff or deliberately attempts to disrupt the operation of the evaluator's office in any way. The evaluator shall state under penalty of perjury, the facts supporting the termination of the evaluation process. Upon request, the Medical Director shall investigate the facts and make a final determination of the issue(s).

(i) Nothing in this section shall require an evaluator selected from a panel to undertake or continue a comprehensive medical-legal evaluation where the injured worker is intoxicated or under the influence of any medication which impairs the injured worker's ability to participate in the evaluation process. The evaluator shall state under penalty of perjury, the facts supporting the termination of the evaluation process. Upon request, the Medical Director shall investigate the facts and make a final determination of the issue(s).

NOTE

Authority cited: Sections 133, 139.2, 5307.3 and 5307.6, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067 and 4628, Labor Code.

HISTORY

1. New section filed 4-11-95; operative 5-11-95 (Register 95, No. 15).

2. New subsection (b), subsection relettering, and amendment of redesignated subsection (b)(1) filed 7-18-95 as an emergency; operative 7-18-95 (Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-15-95 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-18-95 order including amendment of subsection (b), deletion of subsection (b)(1) designator, and amendment of Note transmitted to OAL 11-14-95 and filed 12-21-95 (Register 95, No. 51).

4. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§41.5. Conflicts of Interest by Medical Evaluators.

Note • History

(a) An evaluator shall not request or accept any compensation or other thing of value from any source that does or could create a conflict with his or her duties as an evaluator under the Labor Code or the regulations of the Administrative Director (Title 8 of the California Code of Regulations, Chapters 1 through 1.8, section 1 et seq) or of the Workers' Compensation Appeals Board (Title 8 of the California Code of Regulations, Chapters 1.9, sections 10600 through 10727) .

(b) A conflict with the duties of an evaluator as used in Labor Code section 139.2(o) means having a disqualifying conflict of interest with one or more of the persons or entities described in subdivision (c) and failing to disclose the fact of the conflict.

(1) The injured worker, or his or her attorney;

(2) The employer, or the employer's attorney;

(3) The claims adjuster or insurer or third party administrator, or their attorney, respectively;

(4) Any primary treating physician or secondary physician for the employee, if the treatment provided by that physician is disputed in the case;

(5) The utilization review physician reviewer or expert reviewer, or utilization review organization, only if the opinion of that reviewer or that utilization review organization is disputed in the case;

(6) The surgical center in which the injured worker had, or is proposed to be used to have, surgery, only if the need for surgery is disputed in the case.

(7) Other purveyor of medical goods or medical services, only if the medical necessity for using such goods or services is in dispute in the case.

(d) “Disqualifying Conflict of Interest” means the evaluator has any of the following relationships or interests with a person or entity listed in subdivision 41.5(c):

(1) A familial relationship of parent, child, grandparent, grandchild, sibling, uncle, aunt, nephew, niece, spouse, financee or cohabitant;

(2) A significant disqualifying financial interest, as defined below, including:

(A) Employment or a promise of employment;

(B) An interest of five (5) % or more in the fair market value of any form of business entity involved in workers' compensation matters, or of private real property or personal property, or in a leasehold interest;

(C) Five (5) % or more of the evaluator's income is received from direct referrals by or from one or more contracts with a person or entity listed in subdivision 41.5(c), except that contracts for participation in a Medical Provider Network as defined under Labor Code section 4616 et seq shall be excluded;

(D) A financial interest as defined in Labor Code section 139.3 that would preclude referral by the evaluator to such a person or entity;

(E) A financial interest as defined under the Physician Ownership and Referral Act of 1993 (PORA) set out in Business and Professions Code sections 650.01 and 650.02 that would preclude referral by the evaluator to such a person or entity.

(3) A professional affiliation which means the evaluator performs services in the same medical group or other business entity comprised of medical evaluators who specialize in workers' compensation medical - legal evaluations;

(4) Any other relationship or interest not addressed by subdivisions (d)(1) through (d)(3) which would cause a person aware of the facts to reasonably entertain a doubt that the evaluator would be able to act with integrity and impartiality.

(e) An Agreed Medical Evaluator or a Qualified Medical Evaluator may disqualify himself or herself on the basis of a conflict of interest pursuant to this section whenever the evaluator has a relationship with a person or entity in a specific case, including doctor-patient, familial, financial or professional, that causes the evaluator to decide it would be unethical to perform a comprehensive medical-legal evaluation examination or to write a report in the case.

(f) An Agreed Medical Evaluator or Qualified Medical Evaluator who knows, or should know, that he or she has a disqualifying conflict of interest with any person or entity listed in subdivision 41.5(c), that also is involved in the specific workers' compensation claim identified to the evaluator, shall send written notification to the injured worker and the claims administrator, or if none the employer, or their respective attorneys if any, within five (5) business days of the evaluator becoming aware of the conflict. The written notice shall include, at a minimum: 1) disclosure that a disqualifying conflict of interest exists; 2) the person or entity with whom the conflict arises; and 3) the category of conflict, such as familial, significant financial, or other type of ethical conflict. Whenever the evaluator declines to perform an evaluation due to disqualifying himself or herself pursuant to subdivision 41.5(e), the parties shall be entitled to a replacement QME or, in represented cases a replacement panel pursuant to section 31.5 of Title 8 of the California Code of Regulations. Whenever the evaluator notifies the parties of a conflict without stating that he or she declines to perform the evaluation, the parties shall follow the procedures set out in section 41.6 of Title 8 of the California Code of Regulations. In any case in which the injured worker is not represented by an attorney, the evaluator shall fax a copy of the notice of conflict to the Medical Unit of the Division of Workers' Compensation at the same time it is sent to the parties.

(g) Any injured worker or claims administrator or if none the employer, including his or her attorney respectively, who knows of, or becomes aware of, a potential disqualifying conflict of interest, as defined under this section, with a specific evaluator selected to perform a comprehensive medical/legal examination and report or a follow up examination and report, shall notify the selected evaluator in writing at the earliest opportunity and no later than within five (5) business days of becoming aware of the potential conflict, to enable the evaluator to determine whether the disqualifying conflict exists. The notice shall include the person with whom the alleged conflict exists and the nature of the conflict. A copy of this notice shall be served on the opposing party at the same time as it is sent to the evaluator. The evaluator shall review the information provided and advise the parties in writing within five (5) business days of receipt of the notice whether the evaluator has a conflict of interest as specified in this section.

NOTE

Authority cited: Sections 133, 139.2(o) and 5307.3, Labor Code. Reference: Sections 139.2 and 139.3, Labor Code; and Sections 650.01 and 650.02, Business and Professions Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§41.6. Procedures After Notice of Conflict of Interest and Waivers of Conflicts of Interest of an Evaluator.

Note • History

(a) Whenever an Agreed or Qualified Medical Evaluator notifies the parties that a disqualifying conflict of interest exists, and even if it arises after the evaluator has performed an initial or follow up comprehensive medical-legal evaluation, the parties shall use the following procedures.

(b) An evaluator shall proceed with any scheduled evaluation involving a physical examination or supplemental report in the case, unless either the evaluator declines to proceed due to disqualifying himself or herself pursuant to section 41.5(e) of Title 8 of the California Code of Regulations or unless, pursuant to this section, the injured worker or the claims administrator is entitled to a replacement QME.

(1) If the injured worker is not represented by an attorney, the parties shall obtain a new evaluator by following the procedure provided under section 31.5 of Title 8 of the California Code of Regulations and a replacement QME, or when necessary replacement QME panel, shall be issued.

(2) If the injured worker is represented by an attorney, each party shall notify the evaluator and the opposing party in writing of the party's decision either to waive the conflict or to object to the evaluator on the basis of the evaluator's conflict. Whenever either party objects to the evaluator due to a conflict, the parties shall obtain a new evaluator by following the procedures provided in Labor Code section 4062.2 and section 31.5 of Title 8 of the California Code of Regulations.

(3) In the event the parties in a represented case wish to waive a conflict of interest, any such waiver shall be valid only if the general nature of the conflict of interest is disclosed in writing and on the same document, or duplicate copies of the same document, each party has signed a statement indicating that the signing party understands that the evaluator has a conflict of interest, the party understands the nature of the conflict, and the party wishes to waive the opportunity to obtain another evaluator. The signature of an attorney shall have the same effect as the signature of the party represented by the attorney, if a copy of the document signed by the attorney is served on the represented party by the attorney or by any other party or attorney. It shall be the duty of the attorney to serve a copy of the signed document on the party-client.

(d) Any dispute over whether a conflict of interest of an evaluator may affect the integrity and impartiality of the evaluator with respect to an evaluation report or supplemental report, and any dispute over waiver of an evaluator's conflict under this section, shall be determined by a Workers' Compensation Administrative Law Judge.

NOTE

Authority cited: Sections 133, 139.2(o) and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§41.7. Gifts to Medical Evaluators.

Note • History

(a) No physician reporting as an Agreed Medical Evaluator or a Qualified Medical Evaluator shall accept gifts that have a total fair market value in the aggregate of three hundred sixty dollars ($ 360) or more, from any single source that handles California workers' compensation matters, in the course of any consecutive twelve months. The sources include, but are not limited to, one or more attorneys, physicians, employers, claims administrators, medical or health care or insurance or utilization review business entities. This prohibition shall not include reasonable and appropriate income earned from a Medical Provider Network as defined in Labor Code sections 4616 et seq, from a Health Care Organization as defined in Labor Code sections 4600.3 et seq, from a Preferred Provider Organization or managed care organization as defined in Health and Safety Code sections 1340 et seq for services performed as a treating physician nor for reasonable and appropriate income paid for services performed as reviewing physician or medical director pursuant to Labor Code section 4610, or for services performed as an Agreed Medical Evaluator or Qualified Medical Evaluator.

(b) For the purposes of this section, “Gift” means any payment to the extent that consideration of equal or greater value is not received. It includes any rebate or discount in the price of anything of value, unless the rebate or discount is also made in the regular course of business to members of the public, and any loan, forgiveness or other thing of value having a fair market value in excess of $ 360 in the aggregate.

(c) Any person who claims that a payment, rebate, discount, loan, forgiveness, or other thing of value is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value.

(d) A Qualified Medical Evaluator who violates any portion of this section shall be subject to disciplinary action pursuant to section 60 et seq of these regulations.

NOTE

Authority cited: Sections 133, 139.2(o) and 5307.3, Labor Code. Reference: Sections 139.2 and 139.3, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§42. Disciplinary Proceedings. [Repealed]

Note • History

NOTE

Authority cited: Sections 139.2 and 5307.3, Labor Code; Section 11370 et seq., Government Code; and Section 11500 et seq., Government Code. Reference: Sections 139, 139.2, 4060, 4061 and 4062, Labor Code

HISTORY

1. New section filed 4-11-95; operative 5-11-95 (Register 95, No. 15).

2. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§43. Method of Evaluation of Psychiatric Disability.

Note • History

(a) For all claims arising before January 1, 2005, not subject to section 43(b), the method of measuring the psychiatric elements of a disability shall be as set forth below in the “Psychiatric Protocols” as adopted by the Industrial Medical Council on July 16, 1992, and amended on March 18 and October 25, 1993. The full text of this document is available at no charge on the web at www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at 1-800-794-6900.

(b) For all claims having dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, where there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the claims administrator, or if none the employer, is not required to provide the notice required by section 4061 to the injured worker, the method of evaluating the psychiatric elements of impairment shall include describing the employee's symptoms, social, occupational and, if relevant, school functioning, and describing the rationale for the evaluator's assignment to a level of impairment as published in the Permanent Disability Rating Schedule adopted by the Administrative Director on or after January 2005 pursuant to section 9805 of Title 8 of the California Code of Regulations.

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NOTE

Authority cited: Sections 133, 139.2(j)(4) and 5307.3, Labor Code. Reference: Sections 139.2(j)(4), 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code, and Section 9805 of Title 8 of the California Code of Regulations.

HISTORY

1. New section filed 12-7-93; operative 1-6-94 (Register 93, No. 50).

2. Change without regulatory effect amending section filed 3-15-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 11).

3. Change without regulatory effect amending section filed 9-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 36).

4. Change without regulatory effect amending section filed 7-12-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 28). Pursuant to this filing, material adopted pursuant to the Administrative Procedure Act that had previously been incorporated by reference in the California Code of Regulations was instead printed in full in the California Code of Regulations.

5. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§44. Method of Evaluation of Pulmonary Disability.

Note • History

(a) For all claims arising before January 1, 2005, not subject to section 44(b), the method of measuring the pulmonary elements of disability shall be as set forth below in the “Guidelines for Evaluation of Pulmonary Disability” as adopted by the Industrial Medical Council on December 4, 1997. The full text of this document is available at no charge on the web at www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at 1-800-794-6900.

(b) For all claims having dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, where there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the claims administrator, or if none the employer, is not required to provide the notice required by section 4061 to the injured worker, the method of measuring the pulmonary elements of impairment shall be as described in the American Medical Association, Guides to the Evaluation of Permanent Impairment [Fifth Edition] (AMA Guides). Permanent disability shall be described by applying the provisions of the Permanent Disability Rating Schedule adopted by the Administrative Director pursuant to section 9805 of Title 8 of the California Code of Regulations.

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NOTE

Authority cited: Section 133, 39.2(j)(2) and 5307.3 Labor Code. Reference: Sections 139.2(j)(2), 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. New section filed 5-23-94; operative 6-22-94 (Register 94, No. 21).

2. Amendment of section and Note filed 6-19-98; operative 7-19-98 (Register 98, No. 25).

3. Change without regulatory effect amending section filed 7-12-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 28). Pursuant to this filing, material adopted pursuant to the Administrative Procedure Act that had previously been incorporated by reference in the California Code of Regulations was instead printed in full in the California Code of Regulations.

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§45. Method of Evaluation of Cardiac Disability.

Note • History

(a) For all claims arising before January 1, 2005, not subject to section 45(b), the method of measuring the cardiac elements of disability shall be set forth below in the “Guidelines for Evaluation of Cardiac Disability” as adopted by the Industrial Medical Council on December 4, 1997 and updated on July 19, 1998. The full text of this document is available at no charge on the web at www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at 1-800-794-6900.

(b) For all claims having dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, where there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the claims administrator, or if none the employer, is not required to provide the notice required by section 4061 to the injured worker, the method of measuring the cardiac elements of impairment shall be as described in the American Medical Association, Guides to the Evaluation of Permanent Impairment [Fifth Edition] (AMA Guides). Permanent disability shall be described by applying the provisions of the Permanent Disability Rating Schedule adopted by the Administrative Director pursuant to section 9805 of Title 8 of the California Code of Regulations.

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NOTE

Authority cited: Section 133, 139.2(j)(2) and 5307.3, Labor Code. Reference: Sections 139.2(j)(2), 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. New section filed 5-23-94; operative 6-22-94 (Register 94, No. 21).

2. Amendment of section and Note filed 6-19-98; operative 7-19-98 (Register 98, No. 25).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§46. Method of Evaluation of Neuromusculoskeletal Disability.

Note • History

(a) For all claims arising before January 1, 2005, not subject to section 46(b), the method of measuring the neuromusculoskeletal elements of disability shall be as set forth below in the “Guidelines for Evaluation of Neuromusculoskeletal Disability” as adopted by the Industrial Medical Council on October 20, 1994. The full text of this document is available on the web at no charge at www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at 1-800-794-6900.

(b) For all claims having dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, where there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the claims administrator, or if none the employer, is not required to provide the notice required by section 4061 to the injured worker, the method of measuring the neuromusculoskeletal elements of impairment shall be as described in the American Medical Association, Guides to the Evaluation of Permanent Impairment [Fifth Edition] (AMA Guides). Permanent disability shall be described by applying the provisions of the Permanent Disability Rating Schedule adopted by the Administrative Director pursuant to section 9805 of Title 8 of the California Code of Regulations.

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NOTE

Authority cited: Section 133, 139.2(j)(2) and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. New section filed 4-18-96; operative 4-18-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 16).

2. Change without regulatory effect amending “Guidelines for Evaluation of Neuromusculoskeletal Disability, 2nd Ed.” (incorporated by reference) filed 6-6-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 23).

3. Change without regulatory effect amending Note filed 8-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 31).

4. Amendment of section and Note filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Change without regulatory effect amending section filed 7-12-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 28). Pursuant to this filing, material adopted pursuant to the Administrative Procedure Act that had previously been incorporated by reference in the California Code of Regulations was instead printed in full in the California Code of Regulations.

6. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§46.1. Guidelines for the Evaluation of Foot and Ankle Disability.

Note • History

(a) For all claims before January 1, 2005, not subject to section 46.1(b), the method of measuring the elements of foot and ankle shall be set forth below in the “Guidelines for Evaluation of Foot and Ankle Disability” as adopted by the Industrial Medical Council on October 28, 2000. The full text of this document is available on the web at no charge at www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at 1-800-794-6900.

(b) For all claims having dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, where there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the claims administrator, or if none the employer, is not required to provide the notice required by section 4061 to the injured worker, the method of measuring the elements of foot and ankle impairment shall be described in the American Medical Association, Guides to the Evaluation of Permanent Impairment [Fifth Edition] (AMA Guides). Permanent disability shall be described by applying the provisions of the Permanent Disability Rating Schedule adopted by the Administrative Director pursuant to section 9805 of Title 8 of the California Code of Regulations.

NOTE

Authority cited: Sections 139, 139.2, 4060, 4061 and 4062, Labor Code. Reference: Sections 139, 139.2, 4060, 4061, 4061.5 and 4062, Labor Code.

HISTORY

1. New section and appendices A-C filed 1-8-2003; operative 2-7-2003 (Register 2003, No. 2).

2. Repealer of section and Appendices A-C and new section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§47. Method of Evaluation of Immunologic Disability.

Note • History

(a) For all claims before January 1, 2005, not subject to section 47(b), the method of measuring the immunologic elements of disability shall be set forth below in the “Guidelines for Immunologic Testing” as adopted by the Industrial Medical Council on March 17, 1994. The full text of this document id available on the web at no charge at www.dir.ca.gov/IMC/guidelines.html or by calling the Medical Unit at 1-800-794-6900.

(b) For all claims having dates of injury on or after January 1, 2005, and for those compensable claims arising before January 1, 2005, where there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the employer is not required to provide the notice required by section 4061 to the injured worker, the method of measuring the immunological elements of impairment shall be described in the American Medical Association, Guides to the Evaluation of Permanent Impairment [Fifth Edition] (AMA Guides). Permanent disability shall be described by applying the provisions of the Permanent Disability Rating Schedule adopted by the Administrative Director pursuant to section 9805 of Title 8 of the California Code of Regulations.

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NOTE

Authority cited: Section 139.2(j)(2), Labor Code. Reference: Sections 139.2(j)(2), 4060, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 5-23-94; operative 6-22-94 (Register 94, No. 21).

2. Amendment of Note filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§48. QME Ethical Guidelines. [Repealed]

Note • History

NOTE

Authority cited: Sections 139.2(j)(2) and (3) and 5307.3, Labor Code. Reference: Sections 139.2(j)(2) and (3), 4060, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 5-23-94; operative 6-22-94 (Register 94, No. 21).

2. Repealer filed 4-11-95; operative 5-11-95 (Register 95, No. 15).

Article 4.5. Minimum Time Guidelines

§49. Definitions.

Note • History

The following definitions apply to this Article:

(a) Cardiovascular evaluation. “Cardiovascular evaluation” means the determination of disability due to pathological changes of the heart and/or the central circulatory system.

(b) Face to Face time. “Face to face time” means only that time the evaluator is present with an injured worker. This includes the time in which the evaluator performs such tasks as taking a history, performing a physical examination or discussing the worker's medical condition with the worker. Face to face time excludes time spent on research, records review and report writing. Any time spent by the injured worker with clinical or clerical staff who perform diagnostic or laboratory tests (including blood tests or x-rays) or time spent by the injured worker in a waiting room or other area outside the evaluation room is not included in face to face time.

(c) Medical evaluation. “Medical evaluation” means a comprehensive medical-legal evaluation as defined under section 9793 of Article 5.6, Subchapter 1, Chapter 4.5 of Title 8 of the California Code of Regulations.

(d) Neuromusculoskeletal evaluation. “Neuromusculoskeletal evaluation” means the determination of disability due to injury to the central nervous systems, the spine and extremities, and the various muscle groups of the body.

(e) Psychiatric evaluation. “Psychiatric evaluation” means the determination of disability due to psychopathology, by either a psychiatrist or psychologist following the Method of Measurement of Psychiatric Disability set out in section 43 of Title 8 of the California Code of Regulations.

(f) Pulmonary evaluation. “Pulmonary evaluation” means the determination of disability due to pathological changes of the lungs and/or other components of the respiratory system.

(g) QME. “QME” means Qualified Medical Evaluator appointed by the Administrative Director pursuant to Labor Code section 139.2.

(h) Uncomplicated evaluation. “Uncomplicated evaluation” means a face to face evaluation in which all of the following are recorded in the medical report: Minimal or no review of records, minimal or no diagnostic studies or laboratory testing, minimal or no research, and minimal or no medical history taking.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. Change without regulatory effect relocating article 4.5 heading and renumbering former section 149 to new section 49 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

2. Change without regulatory effect amending article heading filed 9-28-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 39).

3. Amendment of subsection (b) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§49.2. Neuromusculoskeletal Evaluation.

Note • History

A medical evaluation concerning a claim for neuromusculoskeletal injury (whether specific or cumulative in nature) shall not be completed by a QME in fewer than 20 minutes of face to face time. Twenty minutes is the minimum allowable face to face time for an uncomplicated evaluation. The evaluator shall state in the evaluation report the amount of face to face time actually spent with the injured worker and explain in detail any variance below the minimum amount of face to face time stated in this regulation.

NOTE

Authority cited: Sections 133,139.2(j) and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. Change without regulatory effect renumbering former section 149.2 to new section 49.2 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§49.4. Cardiovascular Evaluation.

Note • History

A medical evaluation concerning a claim for cardiovascular injury (whether specific or cumulative in nature) shall not be completed by a QME in fewer than 30 minutes of face to face time. Thirty minutes is the minimum allowable face to face time for an uncomplicated evaluation. The evaluator shall state in the evaluation report the amount of face to face time actually spent with the injured worker and explain in detail any variance below the minimum amount of face to face time stated in this regulation.

NOTE

Authority cited: Sections 133, 139.2(j) and 5307.3, Labor Code, Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. Change without regulatory effect renumbering former section 149.4 to new section 49.4 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§49.6. Pulmonary Evaluation.

Note • History

A medical evaluation concerning a claim for pulmonary injury (whether specific or cumulative in nature) shall not be completed by a QME in fewer than 30 minutes of face to face time. Thirty minutes is the minimum allowable face to face time for an uncomplicated evaluation. The evaluator shall state in the evaluation report the amount of face to face time actually spent with the injured worker and explain in detail any variance below the minimum amount of face to face time stated in this regulation.

NOTE

Authority cited: Sections 133, 139.2(j) and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. Change without regulatory effect renumbering former section 149.6 to new section 49.6 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§49.8. Psychiatric Evaluation.

Note • History

A medical evaluation concerning a claim for psychiatric injury (whether specific or cumulative in nature) shall not be completed by a QME in less than one hour of face to face time. One hour is considered the minimum allowable face to face time for an uncomplicated evaluation. The evaluator shall state in the evaluation report the amount of face to face time actually spent with the injured worker and explain in detail any variance below the minimum amount of face to face time stated in this regulation.

NOTE

Authority cited: Sections 133,139.2(j) and 5307.3, Labor Code. Reference: Sections 139, 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. Change without regulatory effect renumbering former section 149.8 to new section 49.8 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§49.9. Other Evaluation.

Note • History

A medical evaluation concerning a claim for any injury (whether specific or cumulative in nature) not specifically included in this article shall not be completed by a QME in fewer than 30 minutes of face to face time. Thirty minutes is the minimum allowable face to face time for an uncomplicated evaluation. The evaluator shall state in the evaluation report the amount of face to face time actually spent with the injured worker and explain in detail any variance below the minimum amount of face to face time stated in this regulation.

NOTE

Authority cited: Sections 133,139.2(j) and 5307.3, Labor Code, Reference: Sections , 139.2 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.

HISTORY

1. Change without regulatory effect renumbering former section 149.9 to new section 49.9 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 5. QME Reappointment

§50. Reappointment: Requirements and Application Form.

Note • History

(a) In addition to the eligibility requirements set forth in section 11, a physician may seek reappointment on the basis that he or she was an active QME on June 30, 2000. For all physicians, applications for reappointment shall include a Reappointment Application Form in section 104, and the appropriate fee under section 17. The reappointment application and the appropriate fee shall be filed at the Administrative Director's headquarters office listed on the reappointment form.

(b) Any Reappointment Application Form may be rejected if it is incomplete or does not contain the required supporting documentation listed in section 11 and on the Reappointment Application Form. As part of the approval of the Reappointment Application Form, the Administrative Director shall verify that the QME has complied with all requirements under this Article.

(1) attesting that he or she has completed the applicable QME continuing education requirement; and

(2) listing the dates, locations, and titles of the continuing education programs and the names of the providers of those programs which he or she has taken to meet the requirement of Labor Code section 139.2(d)(3), as well as the number of hours of attendance at each program. The Administrative Director may randomly audit QMEs for documentation of program attendance, which supports compliance with this requirement; and

(3) attesting that the physician has accurately reported on the QME SFI Form 124 to the best of the QME's knowledge the information required by section 29 regarding the QME's specified financial interests; and

(4) attesting that the physician's license to practice as a physician, as defined under Labor Code section 3209.3, is neither restricted nor encumbered by suspension or probation, nor has the physician been convicted of a misdemeanor or felony related to the physician's practice or a crime of moral turpitude, and that the physician will notify the Administrative Director if the physician's license to practice is subsequently suspended or placed on probation or if the physician is convicted of a misdemeanor or felony related to the physician's practice or of a crime of moral turpitude; and

(5) attesting that the physician shall abide by all regulations of the Administrative Director and shall refrain from making referrals in violation of those regulations; and

(6) attesting that the physician has not performed a QME evaluation during a time when the physician was not appointed as a QME.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, Labor Code.

HISTORY

1. New article 5 and repealer and new section filed 8-1-94; operative 8-31-94 (Register 94, No. 31). For prior history, see Register 91, No. 26.

2. Change without regulatory effect amending first paragraph and subsection (i) filed 4-19-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 16).

3. Amendment of article 5 heading and renumbering of former section 50 to new section 53 and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

4. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Amendment of section heading and section and new Note filed 9-6-2001; operative 10-6-2001 (Register 2001, No. 36).

6. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§50.1. Reappointment: Failure to Comply with Time Frames. [Renumbered]

Note • History

NOTE

Authority cited: Section 139.2, Labor Code. Reference: Section 139.2(d)(1), Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending section filed 12-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 49).

3. Renumbering of former section 50.1 to section 51 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§50.2. Reappointment: Unavailability Notification. [Renumbered]

Note • History

NOTE

Authority cited: Section 139.2, Labor Code. Reference: Sections 139.2(d) and 139.2(j)(6), Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Change without regulatory effect amending section filed 12-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 49).

3. Renumbering of former section 50.2 to section 52 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§50.3. Reappointment: Evaluations Rejected by Appeals Board. [Renumbered]

Note • History

NOTE

Authority cited: Section 139.2, Labor Code. Reference: Sections 139.2(d) and 139.2(j)(6), Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Renumbering of former section 50.3 to new section 52 filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

§51. Reappointment: Failure to Comply with Time Frames.

Note • History

All QMEs shall comply with the time frames in sections 34 and 38 as a condition for reappointment. The Administrative Director may deny reappointment to any QME who has failed to comply with the evaluation time frames in sections 34 and 38 on at least three occasions during the calendar year.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2(d)(1), Labor Code.

HISTORY

1. Repealer and new section filed 8-1-94; operative 8-31-94 (Register 94, No. 31). For prior history, see Register 91, No. 26.

2. Renumbering of former section 51 to new section 60 and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Renumbering of former section 51 to section 53 and renumbering of former section 50.1 to section 51 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§52. Reappointment: Unavailability Notification.

Note • History

All QMEs shall comply with the unavailability notification requirements in section 33 as a condition for reappointment. The Administrative Director may deny reappointment of any QME who has filed notification for unavailability under section 33 for more than 90 calendar days during the calendar year, or who has on any single occasion refused without good cause to perform a medical-legal evaluation.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2(d) and 139.2(j)(6), Labor Code.

HISTORY

1. Repealer and new section filed 8-1-94; operative 8-31-94 (Register 94, No. 31). For prior history, see Register 91, No. 26.

2. Renumbering of former section 52 to new section 61, renumbering of former section 50.3 to new section 52 and amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Renumbering of former section 52 to section 54 and renumbering of former section 50.2 to section 52 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§53. Reappointment: Failure of Board Certification Examination [Reserved].

History

HISTORY

1. Repealer and new section filed 8-1-94; operative 8-31-94 (Register 94, No. 31). For prior history, see Register 91, No. 26.

2. Renumbering of former section 53 to new section 62, renumbering of former section 50 to new section 53 and amendment of section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment filed 3-15-99; operative 4-14-99 (Register 99, No. 12).

4. Renumbering of former section 53 to section 55 and renumbering of former section 51 to section 53 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§53.1. QME Continuing Education Response Form. [Repealed]

Note • History

NOTE

Authority cited: Section 139.2, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New section filed 3-15-99; operative 4-14-99 (Register 99, No. 12).

2. Repealer filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

§54. Reappointment: Evaluations Rejected by Appeals Board.

Note • History

The Administrative Director may deny reappointment to any QME who has had more than five evaluations rejected by a Workers' Compensation Judge or the Appeals Board originally submitted at a contested hearing. The rejection shall be based on the failure of the QME's evaluation to prove or disprove a contested issue or failure to comply with guidelines promulgated by the Administrative Director pursuant to Labor Code section 139.2(j)(2), (3), (4) or (5). A specific finding must become final and the time for appeal must have expired before any rejected evaluation shall be counted as one of the five rejections.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2(d) and 139.2(j)(6), Labor Code.

HISTORY

1. New section filed 5-9-91; operative 5-9-91 (Register 91, No. 26). New section is exempt from review by OAL pursuant to Government Code section 11351(a).

2. Repealer filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

3. Renumbering of former section 52 to section 54 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§55. Reappointment: Continuing Education Programs.

Note • History

A QME shall complete within the previous 24 months of his or her term of appointment 12 hours of continuing education in disability evaluation or workers' compensation related medical dispute evaluation given by a provider accredited by the Administrative Director.

(a) There are two types of continuing education programs:

(1) On-site programs, in which the instructor and QME are in the same location; and

(2) Distance learning programs.

(A) Providers of distance learning programs shall give either a pre- or post-course self-examination based on the program material. The provider shall grade the QME's test. Credit for the course can be given only for a passing rate of no lower than 70 percent correct responses. The Administrative Director may audit physicians' examinations and scores.

(B) Credit for distance learning courses shall be granted for the actual time spent viewing, listening to or participating in the program and for the reasonable and necessary time to take the examinations for up to six hours per program. Credit for the same distance learning program may be taken only once.

(C) All distance learning materials shall bear a date of release and shall be updated every three years. The provider shall notify the Administrative Director in writing of the revision.

(b) In addition to granting credit for attending a course or program which it gives, the Administrative Director may grant credit for:

(1) Participating in a panel on the development or review of the QME competency examination. A physician may receive one hour credit for each hour of participation on a panel. The QME shall obtain documentation of participation from the test administrator for submission to the Administrative Director.

(2) Instructing in a program given for QME credit by a provider accredited by the Administrative Director. The instructor may receive two hours of credit for each hour of instruction in an accredited provider's program or one hour of credit for each hour of participation on a panel. Credit for the same presentation may be taken only once during each calendar year. The QME shall submit documentation of participation from the program provider to the Administrative Director.

(3) Attending a program which is accepted by the QME's licensing board for renewal of his or her professional license, provided the subject matter is directly related to California impairment evaluation or workers' compensation medical dispute evaluation.

To request credit for this type of course, the QME must submit:

(A) proof of attendance;

(B) written material which describes the program content and program faculty; and

(4) Passing the QME competency examination. A QME may be granted six hours of continuing education credit for passing this examination for the purpose of receiving an initial appointment as a QME.

(c) To apply to the Administrative Director for accreditation, a provider shall submit to the Administrative Director, at least 60 calendar days before any public advertisement of the applicant's program or course is made:

(1) a completed form 118, in section 118 of these regulations.

(2) A curriculum vitae for each proposed instructor or author (for paper-based programs). A proposed instructor or author shall have education and/or training and recent work experience relevant to the subject of his/her presentation.

(3) The proposed promotional material for the program.

(4) An outline of course content, or actual course content, consistent with the topics in section 11.5(c) of Title 8 of the California Code of Regulations.

(d) The Administrative Director shall accredit an applicant who meets the definition of an education provider in Section 1(q); submits a completed, signed and dated application which demonstrates past experience in providing continuing education programs; and proposes a program which meets the requirements of section 55(c) or a course which meets the requirements of section 11.5(a) and (i). Proposed content for continuing education program credit must relate directly to disability evaluation or California workers' compensation-related medical dispute evaluation. No credit shall be recognized by the Administrative Director for material solely discussing the business aspects of workers' compensation medical practice such as billing, coding and marketing.

(e) The Administrative Director shall notify the applicant within 30 calendar days after receipt of the application containing all the information listed in section 55(c) whether that provider has been accredited for a two year period. Incomplete applications will be returned to the applicant.

(f) A provider that has been accredited by the Administrative Director will be given a number which must be displayed on any public advertisements of QME continuing education programs for that provider with the statement “Accredited by the Administrative Director of the California Division of Workers' Compensation for Qualified Medical Evaluator continuing education. Physicians may report up to ____ hours of credit for QME reappointment.”

(g) On or before the date the program is first presented or distributed, the provider shall submit the program syllabus (all program handouts) to the Administrative Director. Each distance learning program shall also submit one copy of the examinations and one copy of the audio/video tapes, computer program or each issue of the journal or newsletter for which credit is to be granted.

(h) A provider may offer different QME continuing education programs during the two-year accreditation period provided the subject matter is in disability evaluation or workers' compensation related medical dispute resolution. The provider shall send the Administrative Director the program outlined and faculty for each new program at least forty-five (45) days prior to the date of presentation of the new program. The Administrative Director may require submission of program syllabi. The Administrative Director may require changes in the program based on its review of the program outline, program syllabi, promotional material or faculty if the Administrative Director finds that any aspect of the program is not in compliance with these regulations.

(i) Promotional materials for a program must state the educational objectives; the professional qualifications of program faculty (at least all relevant professional degrees); the content of program activities; the maximum number of credit hours to be granted; and the intended audience.

(j) Joint sponsorship of education programs (as between an accredited and an unaccredited provider) must be approved by the Administrative Director prior to presentation of the program.

(k) Accredited providers that cease to offer education programs shall notify the Administrative Director in writing.

(l) Instructors shall not recruit members or promote commercial products or services immediately before, during or after a course. Providers or vendors may display/sell educational related to workers' compensation or applications for membership in an area adjoining a course. A course provider or faculty member shall disclose on QME Form 119 (Faculty Disclosure of Commercial Interest), located in section 119 of Title 8 of the California Code of Regulations, any significant financial interest in or affiliation with any commercial product or service held by faculty and discussed in a course and that interest or affiliation must be disclosed to all attendees. A provider shall file every Form 119 in its possession or in its control with the Administrative Director.

(m) The provider shall issue a certificate of completion to each QME who successfully completes a continuing education program. The certificate must list the provider; provider number; date(s); location and title of the continuing education program; and the number of hours in attendance for which credit is to be granted. Credit shall be granted only for the actual time of attendance at or participation in a program. Each accredited provider may in its sole discretion limit the amount of credit hours that a course will be granted to less than the amount of time actually spent in attendance in the course.

(n) To apply for re-accreditation, a provider must submit a completed QME Form 118 (Application for Accreditation or Re-Accreditation as Education Provider) (See, 8 Cal. Code Regs. §118). The provider may complete section 2 of the form using a new program or course or one which was given by the provider during the recent accreditation period. The Administrative Director shall give the provider ninety (90) days' notice of the need to seek re-accreditation.

(o) The provider shall maintain attendance records for each continuing education program for a period of no less than three (3) years after the program is given. A physician attending the program must be identified by signature. The provider must submit a copy of the signature list to the Administrative Director within sixty (60) days of completion of the program.

(p) The provider is required to give the QME's Evaluation Form 117 (Qualified Medical Evaluator Continuing Education Response Form) (See, 8 Cal. Code Regs. §117) to program attendees and request they submit the form to the Administrative Director. This information shall not be used in lieu of a certification of completion given by the provider, as specified pursuant to section (m). Destruction by a provider or its employee of a QME's Evaluation Form or failure by such provider or its employee to distribute Form 117 as part of its program shall constitute grounds for revocation of a provider's accredited status. The Administrative Director shall tabulate the responses and return a summary to the provider within ninety (90) days of completion of the program.

(q) The Administrative Director may audit a provider's program(s) at the request of the medical director to determine if the provider meets the criteria for accreditation. The Administrative Director may audit programs randomly, when a complaint is received, or on the basis of responses on QME Form 117 (Qualified Medical Evaluator Continuing Education Response Form) (See, 8 Cal. Code Regs. §117). An auditor shall not receive QME credit for an audited program. The Administrative Director shall make written results of the audit available to the provider no more than thirty (30) days after the audit is completed.

(1) Conviction of a felony or any offense substantially related to the activities of the provider.

(2) Any material misrepresentation of fact made by the provider.

(3) Failure to comply with Administrative Director regulations.

(4) False or misleading advertising.

(5) Failure to comply with Administrative Director recommendations following an audit.

(6) Failure to distribute QME Form 117 (Qualified Medical Evaluator Continuing Education Response Form) (See, 8 Cal. Code Regs. §117) cards to program attendees.

NOTE: Forms referred to above are available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4062.3, 4067 and 4628, Labor Code.

HISTORY

1. New section filed 5-9-91; operative 5-9-91 (Register 91, No. 26). New section is exempt from review by OAL pursuant to Government Code section 11351(a).

2. Repealer filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

3. Renumbering of former section 53 to section 55 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Amendment of section heading and section filed 9-6-2001; operative 10-6-2001 (Register 2001, No. 36).

5. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§56. Reappointment: Failure to Comply with WCAB Order or Ruling.

Note • History

The Administrative Director may deny reappointment to any QME who has been found in violation of any order or ruling by a Workers' Compensation Judge or the Appeals Board.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2(d) and 139.2(j)(6), Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§57. Reappointment: Professional Standard--Violation of Business and Professions Code Section 730.

Note • History

The Administrative Director may deny appointment or reappointment to any physician who has performed a QME evaluation or examination without valid QME certification at the time of examining the injured worker or the time of signing the initial or follow-up evaluation report.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code; and Section 730, Business and Professions Code. Reference: Sections 139.2(d) and 139.2(j)(6), Labor Code; and Section 730, Business and Professions Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 6. QME Discipline

§60. Discipline.

Note • History

(a) The Administrative Director may, in his or her discretion, suspend or terminate any physician from the QME list without hearing:

(1) whose license has been revoked;

(2) whose license has been suspended or terminated by the relevant licensing board so as to preclude practice;

(3) who has been convicted of a misdemeanor or felony related to the conduct of his or her practice or who has been suspended or placed on probation by his or her licensing board;

(4) based on a stipulation or a decision by the physician's licensing board that the physician has been placed on probation;

(5) who has failed to pay timely the appropriate fee as required under section 17 of Title 8 of the California Code of Regulations.

(b) The Administrative Director may, based on a complaint by the Medical Director, and following a hearing pursuant to section 61 of Title 8 of the California Code of Regulations, suspend, terminate or place on probation a QME found in violation of a statutory or administrative duty as described in the Administrative Director Sanction Guidelines for QMEs under section 65 of Title 8 of the California Code of Regulations. Such violations include, but are not limited to:

(1) one violation of Labor Code section 139.3 or 4628;

(2) failure to follow the medical procedures established by the Administrative Director pursuant to Labor Code section 139.2(j)(1)(2)(3)(4)(5) or (6);

(3) failure to comply with the requirements of Labor Code section 139.2(b) or (c) and/or section 10, 10.5, 11 or 12 of Title 8 of the California Code of Regulations;

(4) failure to comply with the unavailability notification requirements pursuant to section 33 of Title 8 of the California Code of Regulations.

(5) failure to comply with the disclosure, ethical or conflict of interest requirements pursuant to sections 40, 41 or 41.5, respectively, of Title 8 of the California Code of Regulations;

(6) failure to complete accurate and complete reports pursuant to Labor Code section 139.2(i) or to comply with section 39.5 of Title 8 of the California Code of Regulations.

(7) one finding by the Appeals Board of ex parte contact by the QME prohibited by Labor Code section 4062.3.

(8) one finding by the Administrative Director that the QME solicited an injured worker to take over that worker's treatment for his or her workers compensation claim.

(9) failure to disclose a disqualifying conflict of interest as required by section 41.5 of Title 8 of the California Code of Regulations;

(10) failure to disclose a significant financial interest, as defined in sections 1(cc) and 29 of Title 8 of the California Code of Regulations.

(c) The Medical Director may file a complaint with the Administrative Director against a QME on any of the grounds listed in subsection (b) based on a complaint from a member of the public and/or the Medical Director's own initiative. The Medical Director may assign legal counsel and investigators to conduct all matters related to this Article.

(d) The powers and discretion of the Administrative Director are hereby delegated to the Medical Director of the Division, or his or her designee Associate Medical Director, with respect to:

(1) Conducting investigations and assigning investigators;

(2) Issuing subpoenas for testimony and/or production of documents;

(3) Propounding interrogatories;

(4) Receiving and filing requests for hearing and notices of defense;

(5) Setting and calendaring cases for hearing;

(6) Issuing notices of hearing;

(7) Assigning counsel; and

(8) Performing all other functions related to QME discipline under this Article, except for issuing statements of issues, issuing accusations and issuing disciplinary orders after hearing.

(e) A report prepared by a QME which has not been completed and served on one or more parties prior to the date of the final decision taken by the licensing board or the date of the conviction, whichever is earlier, shall be inadmissible before the Appeals Board and no party shall have liability for payment for the report.

NOTE

Authority cited: Sections 11180-11191, Government Code; Sections 111, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2 and 4062.3, Labor Code.

HISTORY

1. New article 6 (sections 60-62), renumbering of former section 51 to new section 60, repealer and new subsection (a), amendment of subsection (b), new subsection (b)(6) and subsection renumbering, and new subsections (b)(8) and (d) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§61. Hearing Procedure.

Note • History

(a) Where the Medical Director determines that there is prima facie evidence of any violation of section 60 of Title 8 of the California Code of Regulations, he or she shall make and submit a prima facie case of the violation to the Administrative Director.

(b) If the Administrative Director sustains the Medical Director's prima facie case, the QME shall be notified in writing of the determination and shall also be notified of his or her right to a hearing in accordance with Chapter 4 (commencing with Section 11370) and Chapter 5 (commencing with section 11500) and Part 1 of Division 3 of the Government Code.

(1) The Administrative Director may, notwithstanding Government Code section 11502, assign the hearing to a hearing officer designated by the Medical Director who shall act as an Administrative Law Judge for the purposes of Government Code sections 11370 et. seq. and 11500 et. seq., or may delegate in whole or in part to an Administrative Law Judge the authority to conduct the hearing and decide the case. In the event of a hearing, the hearing officer or Administrative Law Judge shall fix the time and place of the hearing and notify interested parties in writing no fewer than 10 days in advance of the hearing and in accordance with Code of Civil Procedure sections 1013(a) and 2015.5 specifying the time and place of the hearing.

(2) If an Administrative Law Judge conducts a hearing, the Administrative Law Judge selected to preside over the hearing shall hear the case alone, and exercise all powers related to the conduct of the hearing.

(3) At the conclusion of the hearing, the Administrative Law Judge or hearing officer shall file a written statement of findings and proposed decision with the Administrative Director. The decision made pursuant to this action shall include specific findings in accordance with section 60(b) of Title 8 of the California Code of Regulations, and under section 65 of Title 8 of the California Code of Regulations shall recommend, but defer to the Administrative Director the final decision with respect to sanctions.

(4) The Administrative Director's decision on which sanction(s) to impose on a QME, pursuant to Labor Code section 139.2(k) or any other statute giving the Administrative Director disciplinary authority, shall be in accordance with the Sanction Guidelines for Qualified Medical Evaluators under section 65 of Title 8 of the California Code of Regulations.

(5) In accordance with Government Code section 11517(c), if the proposed decision is not adopted by the Administrative Director, the Administrative Director shall determine whether or not to decide the case, based on the record and transcript, and/or whether or not to take additional evidence or to refer the case back to the Administrative Law Judge to take additional evidence on any issue or issues requested by the Administrative Director.

(6) Within thirty (30) days of the date the written decision is served upon the QME, the QME may file a petition for reconsideration with the Administrative Director. The petition shall be governed by Government Code section 11521 and shall set forth any legal or factual basis as to why the decision should not be confirmed.

(c) Judicial Review of the Administrative Director's decision may be had by the filing of a petition for writ of mandate pursuant to Government Code Section 11523 no later than thirty (30) days after the last day on which the Administrative Director can order reconsideration in accordance with (b)(6) of this section.

NOTE

Authority cited: Sections 133, 139.2, 5307.3 and 5307.4, Labor Code; and Sections 11370 et seq. and 11500 et seq., Government Code. Reference: Section 139.2, Labor Code; and Sections 11502 et seq., Government Code.

HISTORY

1. Renumbering of former section 52 to new section 61, and amendment of subsections (c) and (d) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Repealer and new section and amendment of Note filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§62. Probation.

Note • History

(a) A physician on probationary status from his or her licensing authority may be placed on probationary status by the Administrative Director in its discretion in accordance with Sanction Guidelines for Qualified Medical Evaluators under section 65 of Title 8 of the California Code of Regulations.

(b) A QME on probationary status may be required to report periodically to the Medical Director to ensure compliance with any conditions of probation that have been imposed by the Administrative Director. These conditions may include the completion of specific courses and training.

(c) A QME shall be deemed to have passed probation and be eligible for reappointment if he or she has complied with the conditions imposed by the Administrative Director during the probation period, and meets the requirements for reappointment in accordance with Article 5.

(d) A QME shall be deemed to have failed probation if upon completion of the probation period it is determined that he or she has not complied with the conditions imposed by the Administrative Director during the probation period, and/or has failed to meet the requirements for reappointment in accordance with Article 5.

(e) The Administrative Director shall terminate probation, which shall be equivalent to a failure to pass probation, before completion of the probation period if during the probation period it is determined that a QME has not complied with the conditions of probation.

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067 and 4628, Labor Code.

HISTORY

1. Renumbering of former section 53 to new section 62, new subsection (a) and subsection relettering, and amendment of subsections (c) and (d) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

2. Amendment of subsections (a), (c) and (d) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§63. Denial of Appointment or Reappointment.

Note • History

(a) Whenever the Administrative Director determines that an application for appointment or reappointment as a Qualified Medical Evaluator will be denied, the Administrative Director shall:

(1) Notify the applicant in writing of the decision to deny the application and the reasons for the denial; and

(2) Provide notice that if the applicant submits a specific, written response to the notice of denial within thirty (30) days, the Administrative Director will review the decision to deny the application, and within sixty (60) days of receipt of the response notify the applicant of the Administrative Director's final decision.

(b) If the applicant fails to submit a specific, written response to the notice of denial within thirty (30) days, the decision to deny shall become final without any further notice.

(c) If the applicant submits a specific, written response, and the Administrative Director's final decision is that the application should be denied, notice of the final decision shall be provided to the applicant by means of a statement of issues and notice of right to hearing under Chapter 5 (commencing with section 11500) of Title 2 of the Government Code.

(d) All notices and response under this section shall be made by certified mail.

NOTE

Authority cited: Sections 133, 139.2(f) and 5307.3, Labor Code; Section 11500 et seq., Government Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§65. Sanction Guidelines for Qualified Medical Evaluators.

Note • History

The guidelines for determining appropriate sanctions for physicians licensed as Qualified Medical Evaluators shall be set forth in the Sanction Guidelines for Qualified Medical Evaluators as adopted by the Industrial Medical Council on October 21, 1999, and re-adopted and enforced by the Administrative Director.

Sanction Guidelines for Qualified Medical Evaluators

I. PART ONE--OVERVIEW

The purpose of these guidelines is to provide the framework of the Administrative Director's (AD) disciplinary process for those affected by it -- Qualified Medical Evaluators, the Administrative Director, administrative law judges with the Office of Administrative Hearings, licensing boards and other interested parties. These guidelines are not intended to be an exhaustive list of violations or disciplinary actions that the Administrative Director may consider against any QME. Any violation of statutory or administrative duties may constitute grounds for discipline under these guidelines.

The Administrative Director believes that education is the most effective course of action in resolving less serious regulatory violations. These guidelines also set out the parameters for discipline for misconduct considered serious.

The Administrative Director recognizes the need to promulgate uniform guidelines for particular violations in order to establish consistency in imposing disciplinary sanctions for similar offenses. The Administrative Director also recognizes that mitigating or aggravating circumstances in a specific case may necessitate variance from these guidelines.

In the event of a hearing, if an administrative law judge finds that the circumstances of a particular case are not adequately addressed in these guidelines, the Administrative Director may request that the administrative law judge include in the proposed decision an explanation of the recommended sanction and/or terms of probation, so those circumstances are better understood by the Administrative Director during its review of the case for ultimate action.

A. Factors to be Considered in Determining Disciplinary Penalties

In cases of violations of Labor Code sections 139.2(k) and 139.2(m) and/or section 60 of Title 8 of the California Code of Regulations, the Administrative Director may impose discipline, up to and including suspension or termination, upon any physician certified by the Administrative Director as a Qualified Medical Evaluator.

In determining the level of the penalty to be imposed in a given case pursuant to section 61 of Title 8 of the California Code of Regulations, the following factors shall be considered:

(1) the seriousness of the violation including actual or potential harm to the public and any mitigating or rehabilitation evidence;

(2) whether or not a violation is an isolated incident or part of a pattern of behavior indicative of a disregard for the QME rules; e.g. (prior warnings of record; number and/or variety of current violations, time passed since the act(s) or offense(s));

(3) whether or not a violation is intentional as opposed to negligent;

(4) whether or not there is a history of previous violations cited under this section or by another court or tribunal (e.g.: prior disciplinary record, including level of compliance with disciplinary orders, compliance with terms of any criminal sentence, overall criminal record); and

(5) whether or not further education or training would be beneficial.

B. Mitigating Evidence

A respondent may present evidence at a hearing or in the settlement process and shall have the burden of demonstrating mitigating circumstances and/or any rehabilitative or corrective measures he or she has taken. The Administrative Director does not intend, by the following references to written statements, letters, and reports, to waive any evidentiary objections to the form of such evidence. The following are examples of appropriate evidence a respondent may submit to demonstrate his/her rehabilitative efforts and competency:

(1) Recent, dated written statements from persons in positions of authority who have on-the-job knowledge of the respondent's current competence in the practice of his or her specialty. Each statement should include the period of time and capacity in which the person worked with the respondent and should be signed under penalty of perjury. All letters will be subject to verification by the Administrative Director's staff.

(2) Recent, dated letters from counselors regarding the respondent's participation in a rehabilitation or recovery program, where appropriate. These should include at least a description and requirements of the program, a psychiatric diagnosis and current state of recovery and the psychiatrist's/psychologist's basis for determining need for rehabilitation.

(3) Recent, dated letters describing respondent's participation in support groups, (e. g. Alcoholics Anonymous, Narcotics Anonymous, Professional Support Groups, etc.), where appropriate.

(4) Recent, dated laboratory analyses or drug screen reports, where appropriate.

(5) Recent, dated performance evaluation(s) from the respondent's employer(s).

(6) Recent, dated physical examination or assessment report by a licensed physician, if appropriate.

In the above examples, the mitigating circumstances and/or rehabilitative efforts shall be detailed in any proposed decision or any transmittal memorandum accompanying a proposed stipulation.

C. Terms of Probation -- Standard Conditions

If probation is imposed as part of a disciplinary action, the probation shall include: (1) Standard conditions, which will apply in all cases; and may include (2) Optional conditions, which will vary according to the nature of the offense(s) in the particular case.

The number in parenthesis refers to the paragraph number found in the sample Model Disciplinary Order, found in Part Two of these guidelines.

1. Obey all laws (#7);

2. File quarterly reports (#8);

3. Probation surveillance program compliance (#9);

4. Interviews with the Administrative Director's designee (#10);

5. Notation of probationary QME status (#33);

6. Tolling of probation, if out of state or while QME status inactive (#11);

7. Violation of probation extends Administrative Director jurisdiction (#13);

8. Reporting probationary status to Licensing Board (#6);

9. Reporting probationary status to parties since date of prior licensing board action or prior conviction (#6);

10. QME certificate surrender (if suspended or terminated) (#14).

D. Terms of Probation -- Optional Sanctions and Conditions of Probation: The following optional sanctions and conditions of probation may be imposed by the Administrative Director for proven or stipulated violations of the statutes or regulations cited.

Range of Optional Conditions:

1. Completion of a continuing education and/or ethics course related to the misconduct resulting in discipline (#17);

2. Completion of a QME ethics course (#17);

3. Monitoring of practice by another physician in the same area of practice, with periodic reports to the Administrative Director (#23);

4. Pass a written exam administered by the Administrative Director (#19);

5. Pass an oral exam administered by the Administrative Director (#19);

6. (For sexual transgressions) Requiring the presence of a designated third person during all medical/legal exams (#21);

7. Undergo psychiatric evaluation and/or psychiatric treatment (#24, #25);

8. Structured supervised practice (#22);

9. Undergo medical evaluation or treatment (#26, #27);

10. Abstain from drugs (#30);

11. Abstain from alcohol (#32);

12. Biological fluid testing (#28);

13. Maintain Controlled Substances Log (#31);

14. Diversion program (#29);

15. Restitution of monies received (#20);

16. Actual suspension during probation (#16);

17. Require QME to submit up to the next 5 med/legal reports to the Administrative Director (#34);

18. Print and distribute corrected information after advertising violation (#35).

The Administrative Director may also impose other conditions appropriate to the case which are not contrary to public policy or existing law.

II. Part Two -- Violations and Sanctions

The Administrative Director may impose disciplinary sanctions for violations by a Qualified Medical Evaluator of any material statutory or administrative duty (Labor Code §139.2(k)(1)).

Actions by a Qualified Medical Evaluator for which disciplinary action is appropriate are specified in the California Labor Code, the California Business and Professions Code, the California Penal Code, and Titles 8 and 16 of the California Code of Regulations.

Accordingly, the following, disciplinary sanctions shall be applied by the Administrative Director when a QME is found to be in violation of a material statutory and/or administrative duty.

A. Maximum Sanctions

1. Maximum sanction: Revocation of QME status.

2. Violations of material statutory administrative duties which shall result in the maximum sanctions are:

a. Professional licensure has been terminated (Labor Code §139.2(m));

b. Conviction of a felony or misdemeanor (including billing/insurance fraud) related to the conduct of the physician's practice (Labor Code §139.2(m));

c. Conviction of a felony or misdemeanor for a crime of moral turpitude (Labor Code §139.2(m));

d. Arranging for the impersonation of a QME or impersonating a physician in the QME competency exam;

e. Arranging for the impersonation of a QME or impersonating another physician during QME evaluation;

f. Performing QME evaluations without QME certificate or while knowing that their QME status is suspended;

g. Failure to file a notice of defense to an accusation filed by the Administrative Director or failure to appear at disciplinary hearing initiated by the Administrative Director;

h. Failure to pay the required QME fee (Labor Code §139.2(n));

i. False statements made under penalty of perjury relating to medical/QME licensing and/or specialty credentials.

3. If warranted, the maximum penalty can be imposed in any case.

B. Violations of Material Statutory/Administrative Duties Which May Result in Alternative Sanctions

1. Sexual Misconduct (Labor Code § 139.2(k); Bus. & Prof. Code §726)

Minimum sanction: Stayed revocation, 7 years probation and:

a. Approved education course on sexual harassment, to be completed within 90 days (#17); and

b. Require third party present during all workers' compensation related evaluations and treatment (# 21); and

If warranted, any or all of the following:

c. Psychiatric evaluation and/or psychotherapy (#24, #25);

d. Required supervised workers' compensation related practice environment (#22 or #23);

e. Actual suspension at least one (1) year, under the criteria of PART ONE A.

2. Abuse of Drugs or Alcohol and/or Intoxication While Evaluating or Treating Patients (Labor Code § 139.2(k); Bus. & Prof. Code § 2239)

Minimum sanction: Stayed revocation, five (5) years probation and:

a. Evaluation by Diversion Program of appropriate licensing board and follow its recommendations;

b. If a Diversion Program is not available through the licensing board, then will be evaluated by an alcohol/drug rehabilitation program acceptable to the Administrative Director and will follow its recommendations;

c. Allow the pertinent program to report on status to the Administrative Director;

d. Abstain from use (#30, #32); and

If warranted:

e. Cease performing QME evaluation while being evaluated by the Diversion Program;

f. Biological fluid testing (#28);

g. Maintain controlled substances log (#31);

h. Structured supervised practice (#22);

i. Monitored practice (#23);

j. Oral or written exam (#19);

k. Actual suspension.

3. Billing/Insurance Fraud or Submitting False Documents (Labor Code §139.2(k); Bus. & Prof. Code §2234(e); Bus. & Prof. Code §2261; Bus. & Prof. Code §810)

Minimum sanction: Stayed revocation and 5 years probation, and:

If warranted, any or all of the following:

a. Approved ethics course within 90 days (#17);

b. Restitution of amounts received (#20);

c. Pass oral or written exam (#19);

d. Actual suspension at least 6 months, under the factors of PART ONE A.;

e. Maximum sanctions.

4. False Statements Made Under Penalty of Perjury on QME Application Forms or Other QME or DWC Documents (Labor Code §139.2(k); 8 Cal. Code. Regs §11; Labor Code §139.2(b); Labor Code §139.2(c); Labor Code §139.2(d); Bus. & Prof. Code §2234(e); Bus. & Prof. Code §2261)

(Ex.: False statement on QME exam application, appointment application or reappointment application regarding:

- probationary professional license status;

- past criminal conviction related to professional practice;

- completion of minimum continuing education, teaching or practice criteria for appointment or reappointment;

- time spent in direct patient treatment;

- number of QME or AME evaluations done in prior year(s) for purpose of annual fee or for reappointment;

- extent of AME work in lieu of direct patient treatment;

(Representing self as QME with active status when status lapsed).

Minimum sanction: Stayed revocation and 5 years probation, and:

If warranted, any or all of the following:

a. Actual suspension at least 90 days (#16) under the factors of PART ONE A.;

b. Approved ethics course within 90 days (#17).

5. Advertising Violations (Labor Code §139.2(k); Labor Code §139.4; Labor Code §§5430-5434; 8 Cal. Code Regs. §153; 8 Cal. Code Regs. §§9820-9837) and conduct including:

- misleading or deceptive advertising -- Bus. & Prof. Code §2271, 651

- failure to include required fraud warning -- Labor Code §§5432, 5433

- anonymous advertising - Bus. & Prof. Code §2272

- misuse of title `M.D.', `D.O.', `doctor', etc. Bus. & Prof. Code §§2275, 2276

- use of fictitious name without permit (Bus. & Prof. Code §2285)

Minimum sanction: Educational material to be provided by the Administrative Director, and:

If warranted, any or all of the following:

a. Stayed revocation 3 years probation;

b. Approved ethics course within 90 days (#17);

c. Oral or written exam by Administrative Director (#19);

d. Print and distribute correct information (#35);

e. Pay for ad(s) in WC publications advising readers of statutes and regulations on permissible advertising;

f. Actual suspension at least 90 days (#16) under the factors of PART ONE A.;

g. Maximum sanctions.

6. Soliciting or Providing Treatment in Course of QME Evaluation (Labor Code 139.2(k); 8 Cal. Code Regs. §§11(d) and 41(a)(4))

Minimum sanctions: Educational material to be provided by the Administrative Director, and:

If warranted, any or all of the following:

a. Stayed revocation, one (1) year probation;

b. Approved ethics course (#17) within 90 days;

c. Restitution of amounts received for report to payor (#20);

d. Actual suspension at least 30 days (#16) under the factors of PART ONE A.

7. Self Interested Referral (Labor Code §§139.2(k) or 139.2(o); Labor Code §3215; 8 Cal. Code Regs. §§41 or 41.5; Labor Code §139.3)

Minimum sanction: Educational materials to be provided by Administrative Director, and:

If warranted, any or all of the following:

a. Stayed revocation and five (5) years probation;

b. Restitution of amounts received from unlawful referrals (#20);

c. Approved ethics course within 90 days (#17);

d. Actual suspension one (1) year (#16), under the factors of PART ONE A;

e. Maximum sanctions.

8. Ex Parte Communication (Labor Code §139.2(k), Labor Code §4062.3, 8 Cal. Code Regs. §41(b))

Minimum sanction: Educational material to be provided by the Administrative Director, and:

If warranted, any or all of the following:

a. Stayed revocation, one (1) year probation;

b. Approved ethics course within 90 days (#17);

c. Restitution of amounts received for report to payor (#20);

d. Actual suspension at least 30 days, under the factors of PART ONE A;

e. Maximum sanctions.

9. Violations of QME Ethical and/or other Regulations

Conduct including but not limited to:

- refusing to schedule unrepresented cases (8 Cal. Code Regs. §41(a)(2))

- routinely requiring IWs to wait over one hour (8 Cal. Code Regs. §41(f))

- rescheduling panel QME exam 3 or more times per case (8 Cal. Code Regs. §41(a)(7))

- switching location of QME exam to address not on QME panel letter (8 Cal. Code Regs. §34(b))

- failing to serve QME appointment notification form/3 or more instances (8 Cal. Code Regs. §34(a))

- failure to submit evaluations upon request by the Medical Director

- failure to timely notify the parties of a disqualifying conflict of interest (8 Cal. Code Regs. §41.5)

- failure to report specified financial interests (8 Cal. Code Regs. §§1(ee) and 29)

Minimum sanction: Educational material to be provided by the Administrative Director, and

If warranted, any or all of the following:

a. Stayed revocation six (6) months probation under the factors of PART ONE A;

b. Approved ethics course within 90 days (#17);

c. Oral or written exam by Administrative Director (#19);

d. Actual suspension up to 180 days (#16) under the criteria of PART ONE A.

e. Maximum sanction.

10. False Statements in Medical/Legal Report (Labor Code §139.2(k); 8 Cal. Code Regs. §41(c)(4); Cal. Code Regs. §4628, Including Ghostwriting)

- Involving a reckless disregard for available information or facts known to the physician.

Minimum sanction: Stayed revocation and five (5) years probation, with:

a. Approved ethics course within 90 days (#17); and

If warranted, any or all of the following:

b. Actual suspension, up to one year under the factors of PART ONE A.

c. Maximum sanctions.

11. Failure to Spend Requisite Face-to-Face Time

- minimum face-to-face time in evaluation (Labor Code §139.2(k); Labor Code §4628; 8 Cal. Code Regs. §49 et seq.)

- in billing for medical/legal report (Labor Code §139.2(k); Labor Code §4628; 8 Cal. Code Regs. §9795).

Minimum sanction: Educational materials to be provided by the Administrative Director.

If warranted, any or all of the following:

a. Stayed revocation, up to one (1) year probation and

b. Approved education course on related workers' compensation billing regulations (#17);

c. Restitution to payor (#20);

d. Approved ethics course, to be completed within 90 days (#17);

e. Actual suspension of at least 90 days, under the factors of PART ONE A;

f. Maximum sanctions.

12. Knowing Misrepresentation or Intentional Failure to Disclose Roles of Others Assisting with Medical/Legal Evaluation or Report, (Labor Code §139.2(k); Labor Code §4628) or Interference with or Obstruction of an Investigation by the Medical Director into a Complaint Against a QME (Labor Code 139.2(J)(6).)

Minimum sanction: Stayed revocation, one (1) year probation, and:

If warranted, any or all of the following:

a. Educational material to be provided by the Administrative Director;

b. Approved ethics course within 90 days (#17);

c. Restitution of amounts received for report to payor (#20);

d. Actual suspension at least 90 days, under the criteria of PART ONE A (#16);

e. Maximum sanctions.

13. Performing Unnecessary Medical Tests in Capacity as QME or AME (Labor Code §139.2(k); 8 Cal. Code Regs. §41(a)(3); Bus. & Prof. Code §725; Bus. & Prof. Code §2234(e))

Minimum sanction: Educational material to be provided by the Administrative Director, and:

If warranted, any or all of the following:

a. Stayed revocation and up to five (5) years probation, and;

b. Restitution of amounts received for unnecessary tests (#20);

c. Pass oral or written exam (#19);

d. Completion of an approved clinical course (#18);

e. Approved ethics course within 90 days (#17);

f. Actual suspension, at least 90 days under the factors of PART ONE A;

g. Maximum sanctions.

14. Late Reports (Labor Code §139.2(k); Labor Code §139.2(j)(1); 8 Cal. Code Regs. §38; 8 Cal. Code Regs. §60(b)(4) (3 or more instances))

Minimum sanction: Educational material to be provided by the Administrative Director, and:

If warranted, any or all of the following:

a. Stayed of revocation, six (6) months probation;

b. Approved ethics and/or office management course within 90 days (#17);

c. Suspension of 30 days (#16) under the factors of PART ONE A.

15. Failure to Follow AD Evaluation Guidelines (Labor Code §139.2(h); Labor Code §139.2(k); Labor Code §4628; 8 Cal. Code Regs. §41(c)(5))

- Involving 3 or more instances

Minimum sanction: Educational material to be provided by the Administrative Director, and:

If warranted, any or all of the following:

a. Approved course in medical/legal report writing within 90 days (#17);

b. Stayed revocation, one (1) year probation;

c. Actual suspension 30 days (#16), under the factors of PART ONE A.

16. Report Deficiencies (Labor Code §139.2(k))

- Defective declaration(s) required by Labor Code §4628;

- Serving an unsigned report;

- Omitting discussion in a report of relevant information provided to QME;

- Inadequate or incorrect discussion of factors of disability;

- Other report deficiencies identified by Administrative Director quality review panel;

- Other report deficiencies that affect the substantial rights of a party and are in violation of the regulations governing QMEs;

- Determinations by DEU that a report is not ratable;

- Decisions of Administrative Director granting rating reconsideration;

- Omitting declaration(s) required by Labor Code §4628.

Minimum sanction: Educational material to be provided by the Administrative Director, and:

If warranted, any or all of the following:

a. Require QME to submit up to five medical/legal reports to the Administrative Director medical/legal quality review staff (#34);

b. Approved course(s) in medical/legal report writing within 90 days (#17);

c. Oral or written exam by Administrative Director (#19);

d. Probation (six (6) months).

17. Report Deficiencies Affecting Admissibility (Labor Code §139.2(k))

- Three Finding(s) by WCJ under Labor Code §4628(e) or Labor Code §139.2(d)(2)

Minimum sanction: Stayed revocation, one (1) year probation, and:

If warranted, any or all of the following:

a. Approved course(s) in medical/legal report writing within 90 days (#17);

b. Require QME to submit next five medical/legal reports to the Administrative Director medical/legal quality review staff (#34);

c. Oral or written exam by Administrative Director (#19).

18. Violation of Probation

Minimum sanction: Impose an actual period of suspension (Refer to #3, #4, or #5)

III. PART THREE - SAMPLE MODEL DISCIPLINARY ORDERS

A. The Administrative Director's disciplinary order may include, but are not limited to:

1. Revocation - Single Cause

QME certificate number(s) __________ issued to Respondent _______________ is/are revoked.

2. Revocation - Multiple Causes

QME certificate number(s) ____________ issued to Respondent ________________ is/are revoked, pursuant to the Determination of Issues (Ex. I, II, and III separately and for all of them.)

3. Actual Suspension - Single Cause

QME certificate number(s) ________________issued to Respondent _________________ is/are suspended for (state time period). Actual suspension starts on the 16th day after the effective date of this decision.

4. Actual Suspension - Multiple Causes (To Run Concurrently)

QME certificate number(s) _______________ issued to Respondent _________________ is/are suspended for (state time period), pursuant to Determination of Issues (enter ¶ numbers), separately and for all of them. All suspensions shall run concurrently. Actual suspension starts on the 16th day after the effective date of this decision.

5. Actual Suspension - Multiple Causes (To Run Consecutively)

QME certificate number(s) _______________ issued to Respondent ________________ is/are suspended for (state time period), pursuant to Determination of Issues (enter ¶ number(s)); and (state time period), pursuant to Determination of Issues (enter ¶ number(s)). These suspension shall run consecutively, for a total period of (enter total time period). Actual suspension starts on the 16th day after the effective date of this decision.

6. Standard Stay Order

However, (revocation/suspension) is stayed and Respondent _______ is placed on probation for (enter time period) upon the following terms and conditions. Within 15 days after the effective date of this decision, the Respondent shall provide the Administrative Director (AD), or his/her designee, proof that Respondent has served a true copy of this decision on:

(a) Respondent's professional licensing board in California;

(b) Every party for whom Respondent has a pending QME or AME evaluation exam or medical/legal report due;

(c) The Court Administrator of the Division of Workers' Compensation, for distribution to Workers' Compensation Administrative Law Judges;

(d) The President of the California Applicants' Attorneys Association;

(e) The President of the California Defense Attorneys Association.

In the event Respondent's probation was imposed by the Administrative Director pursuant to Labor Code §139.2(m), due to an order by Respondent's professional licensing board which suspended or imposed probationary status on Respondent's professional license, or due to a misdemeanor or felony conviction related to Respondent's practice or for a crime of moral turpitude, Respondent shall also provide the Administrative Director proof that a true copy of this decision was served on every party for whom Respondent wrote a medical/legal report from the date of the licensing board action or the date of the criminal conviction until the effective date of this decision.

7. Obey All Laws

Respondent shall obey all federal, state and local laws and regulations, all rules governing practice as a Qualified Medical Evaluator, all rules in California governing Respondent's professional area of practice, and remain in full compliance with any court ordered criminal probation, payments and other orders.

8. Quarterly Reports

Respondent shall submit quarterly declarations under penalty of perjury on forms provided by the Administrative Director, stating whether there has been compliance with all the conditions of probation.

9. Probation Surveillance Program Compliance

Respondent shall comply with the Administrative Director's probation surveillance program. Respondent shall, at all times, keep the Administrative Director informed of his or her addresses of business and residence which shall both serve as addresses of record. Changes of such addresses shall be immediately communicated in writing to the assigned Administrative Director probation monitor. Under no circumstances shall a post office box serve as an address of record.

Respondent shall also immediately inform the Administrative Director, in writing, of any travel to any areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty (30) days.

10. Interview with the Administrative Director or Designee or Designated Physicians

Respondent shall appear in person for interviews with the Administrative Director, his/her designee or his/her designated physician(s) or medical consultant(s), upon request at various intervals and with reasonable notice.

11. Tolling for Out-of-State Practice or Residence, for Periods of Inactive QME Status, or for In-State Non-Practice

In the event Respondent should leave California to reside or to practice outside the State, or for any reason should Respondent's QME status become inactive in California, Respondent shall notify the Administrative Director probation monitor in writing within ten (10) days of the dates of departure and return, or the dates of inactive QME status in California. Non practice is defined as any period of time exceeding thirty (30) days in which Respondent is not engaging in any activities defined in sections 2051 and 2052 of the Business and Professions Code. All time spent in an intensive training program approved by the Administrative Director or its designee shall be considered as time spent in practice.

Periods of temporary permanent residence or practice outside California or periods of non-practice within California, as defined in this condition, will not apply to the reduction of the probationary period.

12. Completion of Probation

Upon successful completion of probation, Respondent's QME certificate(s) shall be fully restored.

13. Violation of Probation

If Respondent violates probation in any respect, the Administrative Director, after giving Respondent notice and the opportunity to be heard, may revoke probation and carry out the disciplinary order that was stayed. If an accusation or petition to revoke probation is filed against Respondent during probation, the Administrative Director shall have continuing jurisdiction until the matter is final and the period of probation shall be extended until the matter of the new accusation or petition to revoke is final.

14. QME Certificate Surrender

Following the effective date of this decision, if Respondent ceases practicing as a Qualified Medical Evaluator, due to retirement, health reasons or is otherwise unable to satisfy the terms and conditions of probation, Respondent may voluntarily tender his/her QME certificate(s) to the Administrative Director. The Administrative Director reserves the right to evaluate Respondent's request and to exercise its discretion whether to grant the request, or to take any other action deemed appropriate and reasonable under the circumstances. Upon formal acceptance of the tendered QME certificate(s), Respondent will no longer be subject to the terms and conditions of probation.

15. Notation of Probationary QME Status

Upon the effective date of this decision, the Administrative Director shall make a notation on each letter sent to an unrepresented injured worker, which lists Respondent's name on a panel of QMEs, indicating that Respondent is currently on probation as a QME. Administrative Director also shall make a notation next to Respondent's name wherever it appears in each QME roster issued during the period in which Respondent is on probation on the date the roster is issued. Respondent shall answer truthfully any questions from injured workers or other parties about Respondent's probationary QME status.

B. Optional Conditions of Probation

16. Actual Suspension as Part of Probation

As part of probation, Respondent is suspended from performing any function as a Qualified Medical Evaluator or an Agreed Medical Evaluator for (enter total time period for suspension), beginning on the sixteenth (16th) day after the effective date of this decision.

17. Approved Ethics or other Educational Course

Within thirty (30) days of the effective date of this decision, Respondent shall submit to the Administrative Director or his/her designee for his/her prior approval an educational course on forensic evaluator ethics, or on matters related to the violation(s) charged in the accusation, or both. Said course(s) shall be successfully completed by Respondent (enter time for completion), and in any event no later than during the first year of probation. Respondent shall provide theAdministrative Director or its designee with proof of attendance at such course(s).

Completion of any such course required as a term of probation shall be in addition to the continuing medical education requirements for reappointment as a Qualified Medical Evaluator.

Following completion of each course ordered as a term of probation, the Administrative Director or his/her designee may administer an examination to test Respondent's knowledge of the course(s).

18. Clinical Training

Within sixty (60) days of the effective date of this decision, Respondent shall submit to the Administrative Director for its prior approval a clinical training or educational program. The exact number of hours and the specific content of the program shall be determined by the Administrative Director or his/her designee and shall be related to the violations charged in the accusation. Respondent shall successfully complete the training program and may be required to pass an examination administered by the Administrative Director or its designee related to the program's contents prior to performing work as a Qualified Medical Evaluator or Agreed Medical Evaluator.

19. Oral, Clinical or Written Exam

Within sixty (60) days of the effective date of this decision, (or upon completion of the required education or ethics course) (or upon completion of the required clinical training program), Respondent shall take and pass a(n) (oral, clinical and/or written) examination to be administered by the Administrative Director or his/her designee. If Respondent fails this examination, Respondent must wait three months between reexaminations, except that after three failures Respondent must wait one year to take each necessary reexamination thereafter. Respondent shall pay the costs of all examinations.

(Use either of the following paragraphs with the above paragraph):

Option #1: Condition Precedent

Respondent shall not perform any functions as a Qualified Medical Evaluator or Agreed Medical Evaluator until Respondent has passed this examination and has been so notified by the Administrative Director in writing.

Option #2: Condition Subsequent

If Respondent fails to take and pass the first examination,Respondent shall cease performing any functions as a Qualified Medical Evaluator or an Agreed Medical Evaluator until this examination has been successfully passed and Respondent has been so notified by the Administrative Director in writing.

20. Restitution

Respondent shall provide restitution to ____________in the amount of $ ________ prior to completion of the first year of probation.

21. Third Party Presence -- Sexual Transgressions

During probation, Respondent shall have a third party present while examining, evaluating or treating (enter appropriate: male/female/minor) injured workers. Respondent shall, within fifteen (15) days of the effective date of the decision, submit to the Administrative Director or his/her designee, for his/her approval, the name(s), business and home phone number(s), and business address, of the persons who will act as the third party present. Respondent shall execute a written release authorizing the designated third party(s) to divulge any information that the Administrative Director may request during interviews by the probation monitor on a periodic basis.

22. Supervised Structured Practice

Respondent is prohibited from engaging in solo practice. Within thirty (30) days of the effective date of this decision, Respondent shall submit to the Administrative Director and receive his/her prior approval for a plan of practice limited to a supervised, structured environment in which respondent's activities will be overseen and supervised by another QME, who shall provide periodic reports to the Administrative Director.

23. Monitored Practice

Within thirty (30) days of the effective date of this decision, Respondent shall submit to the Administrative Director and receive his/her prior approval for a plan of practice in which Respondent's activities as a QME or AME will be monitored by another QME, who shall provide periodic reports to the Administrative Director or his/her designee.

If the monitor resigns or is no longer available, Respondent shall, within five (5) days, provide the Administrative Director or his/her designee the name, address and phone number of a new monitor, for the Administrative Director's approval.

Respondent shall execute a written release authorizing the designated third party(s) to divulge any information that the Administrative Director may request during interviews by the probation monitor on a periodic basis.

24. Psychiatric Evaluation

Within thirty (30) days of the effective date of this decision, and on a periodic basis thereafter as may be required by the Administrative Director or his/her designee, Respondent shall undergo a psychiatric evaluation by a psychiatrist/psychologist appointed by the Administrative Director. The appointed evaluator shall furnish a report to the Administrative Director or his/her designee.

If Respondent is required by the Administrative Director or his/her designee to undergo psychiatric treatment, Respondent shall within thirty (30) days of the requirement notice, submit to the Administrative Director for his/her prior approval the name and qualifications of a psychotherapist of Respondent's choice. Upon approval of the treating psychotherapist, Respondent shall undergo and continue psychiatric treatment until further notice from the Administrative Director. Respondent shall have the treating psychotherapist submit quarterly status reports to the Administrative Director.

(Optional)

Respondent shall not perform any function as a Qualified Medical Evaluator or an Agreed Medical Evaluator until notified by the Administrative Director of his/her determination that Respondent is mentally fit to resume such forensic practice.

25. Psychiatric Treatment

Within sixty (60) days of the effective date of this decision, Respondent shall submit to the Administrative Director for his/her prior approval the name and qualifications of a psychotherapist of Respondent's choice. Upon approval, Respondent shall undergo and continue treatment until his or her treating psychotherapist (i.e. psychiatrist, psychologist, other licensed mental health practitioner) deems that no further psychiatric treatment is necessary. Respondent shall have the treating psychotherapist submit quarterly status reports to the Administrative Director. The Administrative Director may require Respondent to undergo psychiatric evaluations by an Administrative Director-appointed psychiatrist/psychologist.

(Note: This condition is for those cases where the evidence demonstrated that the respondent has had impairment [i.e. impairment by mental illness, alcohol abuse and drug self abuse] related to the violations but is not at present a danger to his/her patients.)

26. Medical Evaluation

Within thirty (30) days of the effective date of this decision, and on a periodic basis thereafter as may be required by the Administrative Director or his/her designee, Respondent shall undergo a medical evaluation by an Administrative Director appointed physician who shall furnish a medical report to the Administrative Director or his/her designee.

If Respondent is required by the Administrative Director or his/her designee to undergo medical treatment, Respondent shall within thirty (30) days of the requirement notice, submit to the Administrative Director for his/her prior approval the name and qualifications of a physician of Respondent's choice. Upon approval of the treating physician, Respondent shall undergo and continue medical treatment until further notice from the Administrative Director. Respondent shall have the treating physician submit quarterly reports to the Administrative Director.

(Optional)

Respondent shall not perform any functions as a Qualified Medical Evaluator or an Agreed Medical Evaluator until notified by the Administrative Director of his/her determination that Respondent is medically fit to resume forensic practice safely.

(Note: This condition is for those cases where the evidence demonstrates that medical illness or disability was a contributing cause of the violations.)

27. Medical Treatment

Within sixty (60) days of the effective date of this decision, Respondent shall submit to the Administrative Director for his/her prior approval the name and qualifications of a physician of Respondent's choice. Upon approval, Respondent shall undergo and continue treatment until the Administrative Director deems that no further medical treatment is necessary. Respondent shall have the treating physician submit quarterly reports to a physician appointed by the Administrative Director to evaluate Respondent. Such reports shall indicate whether Respondent is capable of practicing forensic medicine safely. The Administrative Director may require Respondent to undergo periodic medical evaluations by an Administrative Director appointed physician. The Respondent shall pay the costs of all required evaluations.

(Note: This condition is for those cases where there is evidence that medical illness or disability was a contributing cause of the violations but the Respondent is not at present a danger to his/her patients.)

28. Biological Fluid Testing

Respondent shall immediately submit to biological fluid testing, at Respondent's cost, upon the request of the Administrative Director or his/her designee.

29. Diversion Program

Within thirty (30) days from the effective date of this decision, Respondent shall enroll and participate in a diversion program designated by the Administrative Director or his/her designee, until the Administrative Director determines that further treatment and rehabilitation is no longer necessary. Quitting the program without permission or being expelled for cause shall constitute a violation of probation by Respondent.

30. Drugs -- Abstain from Use

Respondent shall abstain completely from the personal use or possession of controlled substances as defined in the California Business and Professions Code, or any drugs requiring a prescription. This prohibition does not apply to medications lawfully prescribed to respondent for a bona fide illness or condition by another practitioner.

31. Controlled Drugs -- Maintain Record

Respondent shall maintain a record of all controlled substances prescribed, dispensed or administered by Respondent during probation, showing all the following: 1) the name and address of patient, 2) the date, 3) the character and quantity of controlled substances involved, and 4) the indications and diagnoses for which the controlled substances were furnished.

Respondent shall keep these records in a separate file or ledger, in chronological order, and shall make them available for inspection and copying by the Administrative Director or his/her designees, upon request.

32. Alcohol -- Abstain from Use

Respondent shall abstain completely from the use of alcoholic beverages.

33. Notation of Probationary QME Status

34. Submission of Reports to the Administrative Director

Respondent shall submit to the Administrative Director copies of the next five medical/legal reports written by Respondent after the effective date of this decision, in the capacity of a Qualified Medical Evaluator. Respondent shall submit a copy of each such report to the Administrative Director probation monitor within 10 working days of forwarding the report to any party in the case.

35. Use of Terminology Regarding Area of Practice or Specialty

Respondent shall ensure all statements regarding Respondent's professional training and area of practice, appearing on letterhead, advertising, business cards, web sites and other public communications, conform to the provisions of Business and Professions Code 651. Further, Respondent shall refrain from using terms, including (state specific terms or phrases used which resulted in discipline). Respondent further agrees to (add specific terms as applicable to case).

NOTE

Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Change without regulatory effect amending section filed 10-29-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 44). Pursuant to this filing, material adopted pursuant to the Administrative Procedure Act that had previously been incorporated by reference in the California Code of Regulations was instead printed in full in the California Code of Regulations.

3. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 7. [Reserved]

§70. Treatment Guideline for Low Back Problems. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8) Labor Code.

HISTORY

1. Editorial correction changing placement of article 7 heading (Register 97, No. 23).

2. New section filed 6-3-97; operative 7-3-97 (Register 97, No. 23).

3. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Repealer of article 7 (sections 70-77) and section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§71. Treatment Guideline for Industrial Neck Injuries. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8), Labor Code.

HISTORY

1. New section filed 7-18-97; operative 8-17-97 (Register 97, No. 29).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§72. Treatment Guideline for Occupational Asthma. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8), Labor Code.

HISTORY

1. New section filed 9-18-95; operative 10-18-95 (Register 95, No. 38).

2. Change without regulatory effect amending section heading and section filed 9-25-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 39).

3. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§73. Treatment Guideline for Contact Dermatitis. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8), Labor Code.

HISTORY

1. New section filed 9-18-95; operative 10-18-95 (Register 95, No. 38).

2. Change without regulatory effect amending section heading and section filed 9-25-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 39).

3. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

5. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§74. Treatment Guideline for Post-Traumatic Stress Disorder. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139 and 139.2, Labor Code.

HISTORY

1. New section filed 1-24-97; operative 2-23-97 (Register 97, No. 4).

2. Change without regulatory effect amending section filed 7-12-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 28). Pursuant to this filing, material adopted pursuant to the Administrative Procedure Act that had previously been incorporated by reference in the California Code of Regulations was instead printed in full in the California Code of Regulations.

3. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§75. Treatment Guidelines for Shoulder Problems. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8), Labor Code.

HISTORY

1. New section filed 7-16-97; operative 8-15-97 (Register 97, No. 29).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§76. Treatment Guideline for Knee Problems. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8), Labor Code.

HISTORY

1. New article 7 (section 76) and section filed 5-13-97; operative 6-12-97 (Register 97, No. 20).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§76.5. Treatment Guideline for Elbow Problems. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8), Labor Code.

HISTORY

1. New section filed 7-17-97; operative 8-16-97 (Register 97, No. 29).

2. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

4. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§77. Treatment Guideline for Problems of the Hand and Wrist. [Reserved]

Note • History

NOTE

Authority cited: Section 139(e)(8), Labor Code. Reference: Section 139(e)(8), Labor Code.

HISTORY

1. New section filed 7-18-97; operative 8-17-97 (Register 97, No. 29).

3. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 10. QME Application Forms

§100. The Application for Appointment as Qualified Medical Evaluator Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1 and 4062.2, Labor Code; Sections 1798 et seq., Civil Code, and Sections 6250 et seq., Government Code.

HISTORY

1. Renumbering of former article 10 to new article 15, new article 10 (sections 100-104) and new section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Amendment filed 8-23-2001; operative 8-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 34).

3. Change without regulatory effect amending section filed 5-2-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 18).

4. Change without regulatory effect amending section filed 1-27-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 4).

5. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§101. The Alien Application Form. [Reserved]

History

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§102. The Application for QME Competency Examination Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Change without regulatory effect amending section filed 1-27-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 4).

3. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§103. The QME Fee Assessment Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Change without regulatory effect amending section filed 6-27-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 26).

3. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§104. The Reappointment Application as Qualified Medical Evaluator Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1 and 4062.2, Labor Code; Sections 1798 et seq., Civil Code; and Sections 6250 et seq., Government Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Amendment filed 9-6-2001; operative 10-6-2001 (Register 2001, No. 36).

3. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Article 10.5. QME Process Forms

§105. The Request for Qualified Medical Evaluator Panel -- Unrepresented Form and Attachment to Form 105 (How to Request a QME If You Do Not Have an Attorney).

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New article 10.5 (sections 105-117) and new section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§106. The Request for Qualified Medical Evaluator Panel -- Represented Form and Attachment to Form 106 (How to Request a QME in a Represented Case).

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Change without regulatory effect amending section filed 5-2-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 18).

3. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§107. The Qualified Medical Evaluator Panel Selection Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§108. The Qualified Medical Evaluator Panel Selection Instruction Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§109. The Qualified Medical Evaluator Notice of Unavailability Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§110. The Appointment Notification Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31.

2. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§111. The Qualified Medical Evaluator's Findings Summary Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064, 4067 and 4660-4664, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§112. The QME/AME Time Frame Extension Request Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§113. Notice of Denial of Request for Time Extension Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§114. The Denial of Time Extension Form. [Reserved]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062 and 4062.5, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§115. The Notice of Late Qualified Medical Evaluator Report Form. [Reserved]

Note • History

NOTE

Authority cited: Sections 139 and 139.2, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062 and 4062.5, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Repealer filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§116. Notice of Late QME/AME Report -- No Extension Requested Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§117. Qualified Medical Evaluator Course Evaluation Form.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

2. Change without regulatory effect amending section filed 5-2-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 18).

3. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§118. Application for Accreditation or Re-Accreditation As Education Provider.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

3. Certificate of Compliance as to 5-2-2001 order, including further amendment of section, transmitted to OAL 7-12-2001 and filed 8-23-2001 (Register 2001, No. 34).

4. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§119. Faculty Disclosure of Commercial Interest.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

3. Certificate of Compliance as to 5-2-2001 order, including further amendment of section, transmitted to OAL 7-12-2001 and filed 8-23-2001 (Register 2001, No. 34).

4. Repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§120. Voluntary Directive for Alternate Service of Medical-Legal Evaluation Report on Disputed Injury to Psyche.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§121. Declaration Regarding Protection of Mental Health Record.

Note • History

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NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§122. AME or QME Declaration of Service of Medical-Legal Report.

Note • History

Embedded Graphic 08.0132

NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§123. QME/AME Conflict of Interest Disclosure and Objection or Waiver by Represented-Parties Form.

Note • History

Embedded Graphic 08.0133

Embedded Graphic 08.0134

NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§124. Specified Financial Interest Attachment to QME Forms 100, 103 or 104 (“SFI Form 124”).

Note • History

Any physician who files a QME Form 100 (Application for Appointment), 103 (QME Fee Assessment Form) or 104 (Reappointment Application) with the Administrative Director also shall complete the QME SFI Form 124, in order to disclose specified financial interests that may affect the fairness of QME panels, and append it to the form 100, 103 or 104 being submitted when the form is filed.

Embedded Graphic 08.0135

NOTE: Form is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

NOTE

Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Section 139.2, Labor Code.

HISTORY

1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§125. [Reserved]

§149. Definitions. [Renumbered]

Note • History

NOTE

Authority cited: Section 139, Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.

HISTORY

1. New article 4.5 and section filed 7-8-94; operative 8-8-94 (Register 94, No. 27).

2. Change without regulatory effect relocating article 4.5 heading and renumbering former section 149 to new section 49 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

§149.2. Neuromusculoskeletal Evaluation. [Renumbered]

Note • History

NOTE

Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.

HISTORY

1. New section filed 7-8-94; operative 8-8-94 (Register 94, No. 27).

2. Change without regulatory effect renumbering former section 149.2 to new section 49.2 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

§149.4. Cardiovascular Evaluation. [Renumbered]

Note • History

NOTE

Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.

HISTORY

1. New section filed 7-8-94; operative 8-8-94 (Register 94, No. 27).

2. Change without regulatory effect renumbering former section 149.4 to new section 49.4 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

§149.6. Pulmonary Evaluation. [Renumbered]

Note • History

NOTE

Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.

HISTORY

1. New section filed 7-8-94; operative 8-8-94 (Register 94, No. 27).

2. Change without regulatory effect renumbering former section 149.6 to new section 49.6 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

§149.8. Psychiatric Evaluation. [Renumbered]

Note • History

NOTE

Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.

HISTORY

1. New section filed 7-8-94; operative 8-8-94 (Register 94, No. 27).

2. Change without regulatory effect renumbering former section 149.8 to new section 49.8 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

§149.9. Other Evaluation. [Renumbered]

Note • History

NOTE

Authority cited: Sections 139 and 139.2(j), Labor Code. Reference: Sections 139, 139.2 and 4628, Labor Code.

HISTORY

1. New section filed 7-8-94; operative 8-8-94 (Register 94, No. 27).

2. Change without regulatory effect renumbering former section 149.9 to new section 49.9 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

Article 15. Fraudulent or Misleading Advertising

§150. Definitions.

Note • History

As used in this Article:

(a) Administrative Director -- means the Administrative Director of the Division of Workers' Compensation of the State of California, Department of Industrial Relations, and includes his or her designee.

(b) Advertising copy -- includes any “public communication” as defined in Business and Professions Code Section 651, or any other communication of any message in any form or medium regarding the availability for professional employment of any physician, which is made by or on behalf of any physician to the general public or any substantial portion thereof.

Advertising concerning medical services regarding industrial injuries or illnesses which benefits any physician, and which is placed by any medical clinic, medical service organization or other non-physician third party shall be deemed advertising copy subject to these regulations.

(d) Medical Director -- means the physician appointed pursuant to Labor Code Section 122 or such person as he or she may designate.

(e) Physician -- has the meaning defined in Labor Code Section 3209.3.

(f) QME -- means a Qualified Medical Evaluator as defined in Labor Code Section 139.2.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.2, 139.4 and 139.45, Labor Code.

HISTORY

1. New article 10 and section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Renumbering of article 10 to article 15 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).

3. New subsection (a), repealer of subsection (b), subsection relettering and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§151. Filing of Documents.

Note • History

Any document filed under these regulations shall be deemed filed on the date when it is received by the Administrative Director.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 133, 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§152. Statement of Intent.

Note • History

Nothing in these regulations is intended to alter the interpretation or application of Business and Professions Code section 651. These regulations are promulgated under the authority of Labor Code sections 139.4 and 139.45 and are intended to reflect the Administrative Director's understanding of the Legislature's intent that the Administrative Director apply a higher and independent standard, pursuant to those Sections, to physician advertising which relates to industrial injuries or illnesses.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 28, 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§153. False or Misleading Advertising Copy Prohibited.

Note • History

No physician subject to these regulations, or any person acting on his or her behalf or for his or her benefit, shall use, cause to be used, or allow to be used:

(a) Any advertising copy which, through endorsements, testimonials or other representations, makes or implies any guarantee, warranty, or prediction that is intended, or is likely, to create a false or unjustified expectation of favorable results concerning the outcome of the employment of the physician.

(b) Any advertising copy which by use of a firm name, trade name, fictitious business name, or other professional designation states or implies a relationship between any physician in private practice and any governmental agency or entity, with the exception that, as provided in section 154 below, a physician currently or previously certified by the Administrative Director as a Qualified Medical Evaluator may state this fact in advertising copy, a curriculum vitae or in descriptive text, only for the period of time that is true and correct.

(c) Any advertising copy which states or implies that a medical-legal report written by any physician, or group or association of physicians enjoys any special degree of credibility by any workers' compensation judge or judges.

(d) Any advertising copy which advises or recommends the securing of any medical-legal examination, or which suggests that a tactical advantage may be secured by obtaining any medical-legal evaluation.

(e) Any advertising copy which contains the phrase “Qualified Medical Evaluator” or the designation “QME” unless such phrase is used to identify individual physicians who are currently certified as QMEs by the Administrative Director in accordance with Labor Code section 139.2.

(f) Any advertising copy which contains a firm name, trade name, or fictitious business name which contains the phrases “Qualified Medical Evaluator,” “Qualified Medical Examiner”, “Agreed Medical Evaluator”, “Agreed Medical Examiner”, “Independent Medical Examiner” , “Independent Medical Evaluator” or the designations “QME”, “AME” or “IME.”

(g) Any advertising copy which states or implies that any physician has an ongoing appointment, title or professional status as an “Agreed Medical Examiner,” “Agreed Medical Evaluator”, “Independent Medical Examiner,” “AME,” or “IME.”

(h) Any advertising copy which states or implies that the physician is currently an “Agreed Medical Examiner” or “Independent Medical Examiner” in the California Workers' Compensation system.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 28, 139.2, 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of subsections (b), (e) and (f), new subsection (h) and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§154. Permissible Advertising Content.

Note • History

(a) A physician subject to these regulations, or any person acting on his or her behalf, may use, disseminate, or cause to be disseminated to the public, or any portion of the public, advertising copy which relates to any industrial injury or illness which accurately states:

(1) The name of each physician affiliated with or participating in the physician's practice.

(2) The address, telephone number and business hours of the office or offices.

(3) The areas of practice each physician engages in.

(4) An individual physician's appointment as a QME. A physician who is not currently certified by the Administrative Director as a Qualified Medical Evaluator may, in a curriculum vitae or descriptive text, state any periods in the past during which the physician was certified as a Qualified Medical Evaluator.

(5) A statement that the physician is Board Certified or limits his or her practice to specific fields as authorized by Business and Professions Code Section 651. Any statement of Board Certification shall include the name of the certifying board.

(6) Any languages spoken fluently by the physician or his or her staff.

(7) A description of any diagnostic or therapeutic facilities available.

(8) The availability of surgery or hospitalization on a lien basis.

(9) The usual time frame for scheduling appointments or producing medical reports.

(10) That all billings are made in compliance with the Official Medical Fee Schedule promulgated by the Administrative Director.

(11) Biographic information concerning the physician's educational background, internships and residencies, hospital affiliations, professional affiliations and professional publications.

(b) Any physician who wishes to use, disseminate, or cause to be disseminated to the public, or any portion of the public, any advertising copy which relates to any industrial injury or illness which contains any material not specified in subsection (a) above, shall apply in writing to the Administrative Director for approval before using such material. The Administrative Director shall approve all requests which do not contain material which is false or likely to mislead the public with respect to workers' compensation. No advertising copy submitted to the Council pursuant to this subsection shall be used until the Administrative Director has given his/her written approval.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.2, 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of subsections (a)(4), (a)(10) and (b) and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§155. Filing of Complaints.

Note • History

(a) Any person may file a complaint with the Medical Director, alleging that any physician is using advertising copy which violates the provisions of Business and Professions Code Section 651, or the provisions of these regulations.

(b) Complaints filed with the Medical Director shall be in writing and contain the following:

(1) The full name and address of the party filing the complaint.

(2) The full name and address of the physician against whom the complaint is made, or if the complainant is unable to identify the physician using the advertising, as much information as the complainant can provide to assist the Administrative Director in identifying the physician who used the advertisement.

(3) A copy, if available to the complaining party, of the advertising copy against which the complaint is made, or a description of the medium in which the advertising copy appeared. Such description should contain sufficient details regarding the manner and form in which the advertising copy was published to allow a copy of the advertising copy to be obtained by the Administrative Director.

(4) A detailed statement of the grounds on which the advertising copy is alleged to violate Business and Professions Code Section 651 or these regulations.

(5) All complaints filed under this section shall be filed with the Medical Director, at Division of Workers' Compensation, P.O. Box 71010, Attention: Medical Unit, Oakland, CA 94612.

(6) Nothing in these regulations shall prevent the Administrative Director or Medical Director from acting independently, and without receipt of a complaint, to initiate an investigation and issue a complaint on the Administrative Director's own motion whenever the Administrative Director or Medical Director has reason to believe that there has been a violation of Business and Professions Code section 651 or these regulations.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of subsections (b)(2)-(3) and (b)(5)-(6) and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§156. Requests to Review Advertising Copy.

Note • History

(a) Upon receipt of a complaint under Section 155 of these regulations, the Administrative Director shall serve a written notice of complaint on the physician against whom the complaint was filed. Such notice shall direct the physician to file a copy of his or her advertising with the Medical Director within 15 working days of the date on which the notice was served.

(b) The Medical Director may take such steps as he or she deems necessary to determine whether the complaint has merit.

(1) The Medical Director shall respond to the complaint within fifteen (15) working days of the Administrative Director's receipt of the physician's response and notify the complainant that the Administrative Director:

(A) will investigate the complaint; or

(B) will require additional time to ascertain whether the complaint has merit; or

(C) will refer a copy of the complaint to another agency which also has jurisdiction over the subject matter of the complaint; or

(D) will take no further action on the complaint because the Administrative Director lacks jurisdiction over the person or conduct complained of; or

(E) will take no further action on the complaint because the allegations of the complaint do not warrant further action by the Administrative Director for the reasons stated in the response.

(c) At the time of filing the advertising copy with the Medical Director, the physician shall also file an answer to the complaint, briefly setting forth the grounds on which the physician believes the copy to be in compliance with Business and Professions Code Section 651, and the provisions of these regulations. Nothing contained in the answer shall preclude the right of the physician to present further or different grounds of defense before the Administrative Director or appropriate licensing board. Upon reviewing the physician's answer, the Medical Director may dismiss or informally resolve the complaint where he or she deems such action appropriate.

(d) The Administrative Director may, without receipt of a complaint, request a physician to provide a copy of any advertising used by that physician for review. Such a request shall be made in writing, and shall be personally served on the physician.

(e) If a physician who has been appointed as a QME fails to deliver a copy of the advertising used to the Administrative Director within fifteen (15) working days of receipt of the notice, the Administrative Director may infer from the failure to comply that the advertising material used by the QME is in violation of Business and Professions Code Section 651, or these regulations. The maximum penalty that the Administrative Director may impose for a finding of violation based solely on the negative inference created by this provision shall be suspension of the physician's appointment as a Qualified Medical Evaluator for a period of six months followed by a period of probation not to exceed one year.

(f) If a non-QME physician fails to deliver a copy of the advertising used to the Administrative Director within fifteen (15) working days of receipt of the request, the Administrative Director shall refer the matter to that physician's licensing board for such proceedings as that board may deem proper.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§157. Determinations.

Note • History

(a) If, after reviewing the physician's advertising copy and the physician's answer to the complaint, the Medical Director determines that the advertising copy violates Business and Professions Code section 651, or these regulations and that the physician is currently a Qualified Medical Evaluator, the disciplinary and hearing procedures set forth in sections 60 through 65 of Title 8 of the California Code of Regulations shall apply. The Medical Director shall forward a copy of any final decision of such violations to the physician's licensing board for such proceedings as that board may deem proper.

(b) If the Medical Director determines that the physician subject to the investigation currently is not a QME, the Medical Director shall forward a copy of the preliminary determination, the complaint, and all supporting documentation to the appropriate physician's licensing board for such proceedings as that board may deem proper.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of subsections (a) and (b), repealer of subsections (c)-(d)(6) and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§158. Penalties.

Note • History

(a) A QME who is found to have violated any provision of Business and Professions Code section 651, or these regulations may have his or her QME status terminated, suspended, or placed on probation by the Administrative Director. Any probation imposed may have such conditions as the Administrative Director deems reasonable, including, but not limited to the publication of corrective advertising and the submission of future advertising copy for the Administrative Director's approval before its use.

(b) The Administrative Director shall consider the following factors in determining the appropriate penalty for a violation of Business and Professions Code section 651, or these regulations:

1. the seriousness or materiality of the misrepresentation,

2. whether the physician cooperated with the investigation,

3. whether the violation was a single event, or appeared to be part of a pattern sufficient to demonstrate a business practice,

4. whether the violator has a record of prior discipline by the Administrative Director, Medical Board, or other appropriate licensing board or authority,

5. whether the violator has a record of contempt reprimands or adjudications issued by the Workers' Compensation Appeals Board.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of subsections (a), (b) and (b)4. and amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

§159. Severability.

Note • History

If any portion of this chapter or the application of any part thereof to any person, individual, party, entity, or circumstance is held invalid, the remainder of the chapter and its application to any other person, individual, party, entity, or circumstance, shall not be affected thereby.

NOTE

Authority cited: Sections 133, 139.4, 139.45 and 5307.3, Labor Code. Reference: Sections 139.4 and 139.45, Labor Code.

HISTORY

1. New section filed 3-31-93; operative 4-30-93 (Register 93, No. 14).

2. Amendment of Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).

Chapter 2. California Apprenticeship Council

Subchapter 1. Apprenticeship

Article A-1. General Provisions

§200. General Provision.

Note • History

If any provision of this chapter or application thereof to any person, individual, party, entity or circumstances is held invalid, the remainder of the chapter and the application to any other person, individual, party, entity or circumstances, shall not be affected thereby.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 1777.5 and 3081, Labor Code.

HISTORY

1. Revision of Chapter 2 filed 9-25-69; effective thirtieth day thereafter (Register 69, No. 39). For former sections and history, see Registers 67, Nos. 24 and 32, and 69, No. 19.

2. Amendment filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).

3. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

4. Editorial correction of NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

5. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Article 1. Procedures for Investigating, Holding Hearings and Determining Disputes

§201. Filing of Complaints.

Note • History

(a) Appeals by apprentices from discipline shall be filed in accordance with the procedures under 8 C.C.R. 207.1. Complaints that are not appeals from discipline may be filed by any interested person with the Administrator of Apprenticeship or the Administrator of Apprenticeship upon his/her own initiative may issue a complaint, within the time period specified below, when there is cause to believe that a decision, order or action of an apprenticeship program sponsor has been in violation of its standards or rules or an apprentice agreement and has been unfair or unreasonable; or that there has been a violation of:

(1) Chapter 4, Division 3 of the Labor Code (excluding Section 1777.5 and 3099 et. seq.);

(2) California Code of Regulations, Title 8, Chapter 2, Subchapter 1 (excluding Article 10); or

(3) Equal Opportunity Standards, which shall be filed and conducted in accordance with the State of California Plan for Equal Opportunity Apprenticeship (see title 8, California Code of Regulations, Section 215).

(b) All such complaints shall be filed within thirty days of the alleged violation, except for violations of Equal Opportunity Standards which shall be filed within 180 days.

(1) The full name and address of the party (person, organization, or other party) filing the complaint (hereinafter referred to as the “charging party”).

(2) The full name and address of the party (person, organization, or other party) against whom the complaint is made (hereinafter referred to as the “respondent”).

(3) A clear and concise statement of the facts constituting the basis for the complaint.

(4) The signature of the person filing the complaint or an authorized officer or agent in the case of an organization, employer, labor union, apprenticeship program sponsor, or other interested party.

(5) A declaration by the person signing the complaint, under penalties of law, that its contents are true and correct to the best of his/her knowledge and belief.

(d) Upon receipt or issuance of a complaint the Administrator of Apprenticeship shall cause a copy of such complaint to be served upon the respondent(s).

(e) Complaints may be withdrawn only with the consent of the Administrator of Apprenticeship.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3081 and 3082, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 5-18-73; effective thirtieth day thereafter (Register 73, No. 20).

2. Amendment of subsection (a) filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44).

3. Editorial correction of subsection (b) filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

4. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

5. Amendment filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90.

6. Editorial correction restoring section dropped from printing of Register 90, No. 17 (Register 90, No. 42).

7. Reinstatement of section as it existed prior to 4-9-90 emergency amendment filed 5-21-91 pursuant to Government Code section 11346.1(f) 120 days from effective date (Register 91, No. 47).

8. Amendment filed 4-10-92; operative 5-11-2 (Register 92, No. 21).

9. Amendment of subsections (a)(1)-(2) and amendment of Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

10. Amendment filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).

§202. Investigations, Holding of Hearings and Determinations.

Note • History

(a) The Administrator of Apprenticeship, or his or her designated representative may take such steps as he or she deems necessary under the circumstances to investigate the complaint and to bring about an amicable adjustment of the controversy. In the event that there are local adjustment procedures which have been approved by the Chief DAS, the charging party(s) shall be referred to that procedure for a period not to exceed 60 calendar days prior to the filing and/or processing of a complaint under this section or Labor Code Section 3081. The referral for local adjustment shall in no way be construed so as to abrogate the statutory right to file a complaint under Section 3081 of the Labor Code.

(b) The Administrator of Apprenticeship may designate his/her duly authorized representative to conduct an investigation, to hold a hearing in connection with a complaint, and may designate his/her duly authorized representative to decide on the complaint. The Administrator of Apprenticeship may, in the alternative, delegate a representative only to investigate, or only to hold a hearing, and to report to the Administrator of Apprenticeship. The Administrator of Apprenticeship reserves the authority to decide on the complaint. In that case, the duly authorized representative shall submit to the Administrator of Apprenticeship the entire record together with his/her written recommendations. The Administrator of Apprenticeship shall review the record and the written recommendations before deciding on the complaint.

The Administrator of Apprenticeship may dismiss any complaint that is not timely filed or that is without merit. In such cases the Administrator of Apprenticeship shall prepare a determination of dismissal and file it with the California Apprenticeship Council, and notify all parties to the complaint in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of his/her determination to dismiss the complaint and the basis for the determination. The determination of dismissal by the Administrator shall be within sixty (60) calendar days of receipt or issuance of the complaint, provided that the sixty (60) days allowed for a local adjustment procedure shall not affect the time provided for the determination of the Administrator. Any continuance caused by the parties shall toll the running of the sixty (60) day period provided for the determination of the Administrator. If any party to the complaint requests a hearing within 10 days of receipt of the notice of determination of dismissal of the complaint and shows good cause why a hearing is necessary, the Administrator or his/her duly authorized representative may conduct a hearing in the same manner as set forth in subdivision (c).

(1) He/she shall fix the time and place of the hearing which shall take place no more than 90 days after the decision to hold a hearing and notify all interested parties to the complaint not less than 30 days in advance in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 specifying the time and place of the hearing and specifying whether the hearing will be for the purpose of hearing argument or taking evidence or both.

(2) At the hearing, the parties to the complaint shall be given an opportunity to present evidence and/or oral or written arguments in support of their positions as set forth in the notice of hearing.

(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing officer may require the parties to follow any of the rules of procedure set forth in 8 C.C.R. §232.01 et. seq. for hearings on public works complaints and shall notify the parties of any such rules that will be followed at the time the parties are advised of the time and place of the hearing.

(4) All witnesses testifying before the hearing officer shall testify under oath.

(5) A recording shall be made of the hearing.

(d) In deciding on the complaint after a hearing, the Administrator of Apprenticeship or his/her duly authorized representative shall prepare a statement of findings of fact, and decision, file it with the California Apprenticeship Council and notify all parties to the complaint in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of the decision and of any action taken. The Administrator of Apprenticeship's decision on the complaint or any action taken shall be issued or taken no later than sixty (60) calendar days following the hearing.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3081 and 3082, Labor Code.

HISTORY

1. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

2. Editorial correction of NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

3. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

4. Amendment of subsection (a) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

5. Amendment filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).

§203. Appeals to the California Apprenticeship Council.

Note • History

(a) The following procedures shall be followed when an appeal is filed with the Council within ten (10) days from the date the parties are given notification of the determination. The parties shall be deemed to have been given notification five (5) days after notice has been sent to their address of record.

(1) The Chair of the Council shall appoint three (3) members of the Council to act as an appeal board and decide the appeal. This appeal board shall consist of one member of the Council representing an employee organization and one member representing an employer organization; the third member will be a member who does not represent either of the aforementioned groups and shall act as chair of the appeal board.

(2) The appeal board shall review the entire record and may hold an appeal hearing thereon to hear argument from the parties.

(3) In the event of a hearing, the designated chair of the appeal board shall fix the time and place of the hearing on the appeal and notify all interested parties to the appeal not less than two weeks in advance in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 specifying the time and place of the hearing.

(4) The hearing on the appeal shall be limited to a review of the record before the Administrator of Apprenticeship to determine whether there is substantial evidence in the record to support the decision, and to oral or written arguments by interested parties to the appeal; where the appeal board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the Administrator of Apprenticeship, and such evidence might require a different decision, the appeal board may return the matter to the Administrator to admit such evidence to supplement the record and exercise his/her independent judgment upon all of the evidence in the record. The appeal board may, in its independent judgment, refer the matter to the program sponsor for reconsideration of its prior action, in an attempt to resolve the matter amicably. In the event the program changes its decision, an appellant apprentice, however, shall be entitled to file a new complaint in accordance with Title 8, Chapter 2, Section 201 or 207.1 of the California Code of Regulations.

(5) The appeal board shall submit a written report to the Council summarizing the evidence, findings of fact, and recommended decision. The Council shall take appropriate action on the recommended decision. If for any reason the Council rejects the appeal board's recommended decision, a complete copy of the record shall have been made available to the Council for independent review and consideration before any action is taken by the Council in rendering a decision.

(6) The Council will timely notify all parties to the appeal of its decision in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3082, 3083 and 3084, Labor Code.

HISTORY

1. Amendment filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).

2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

3. Editorial correction of NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

4. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

5. Amendment filed 6-4-85; effective thirtieth day thereafter (Register 85, No. 23).

6. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

7. Amendment of subsections (a)(2), (a)(4) and (a)(5) filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).

Article 2. Definitions

§204. Declaration of Policy. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3076-3078, 3080-3084 and 3096, Labor Code.

HISTORY

1. Amendment of subsection (b) and (c) filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44).

2. Amendment of Article 2 heading and repealer of Section 204 filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

§205. Definitions.

Note • History

(a) “Journeyman” means a person who has either

(1) completed an accredited apprenticeship in his/her craft, or

(2) who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation.

(b)“Instructor” means a person who has either

(1) completed an accredited apprenticeship in his/her craft, or

(2) who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft but may not necessarily be designated as a journeyman.

(c) An “Apprenticeable Occupation” is one which requires independent judgment and the application of manual, mechanical, technical, or professional skills and is best learned through an organized system of on-the-job training together with related and supplemental instruction.

(d) “Registration of an Apprentice Agreement”means the acceptance and recording thereof by the Division of Apprenticeship Standards which serves as evidence of the participation of the apprentice in a specific apprenticeship program.

(e) “Apprenticeship Program” means a comprehensive plan containing, among other things, apprenticeship program standards, committee rules and regulations, related and supplemental instruction course outlines and policy statements for the effective administration of that apprenticeable occupation.

(f) “Apprenticeship Program Standards” means that written document containing among other things all the terms and conditions for the qualification, recruitment, selection, employment and training, working conditions, wages, employee benefits, and other compensation for apprentices and all other provisions and statements including attachments as required by the Labor Code and this Chapter which, when approved by the Chief DAS, shall constitute registration of such, and authority to conduct that program of apprenticeship in the State of California.

(g) “Apprenticeship Program Sponsor” means a joint apprenticeship committee, a unilateral labor or management committee, or an individual employer program.

(h) “Related and Supplemental Instruction” means an organized and systematic form of instruction designed to provide the apprentice with knowledge including the theoretical and technical subjects related and supplemental to the skill(s) involved.

(i) “Competent Evidence” as used in Section 224 means a transcript or abstract of the record required to be maintained pursuant to Section 212(c)(6), or an attestation by the apprentice program sponsor stating that all training has been fully completed, on forms to be provided by the Division of Apprenticeship Standards, demonstrating that the apprenticeship program has been fully complete, certified by the apprenticeship program sponsor and endorsed by a representative of the Division of Apprenticeship Standards.

(j) An “Interested Party” for the purpose of application for approval of an apprenticeship program, means an employer, employer organization or association, a group of employers, employer associations or organizations, an employe association or organization, or employee representatives, a group of employee representatives, associations or organizations, labor and/or management groups or any combination thereof whose interest may be affected by the apprenticeship program if approved.

(k) “Maintenance” is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purposes in a safe and continually usable condition.

(l) The term “Chief DAS” means the Chief of the Division of Apprenticeship Standards.

(m) “Employed as an apprentice” in the building and construction industry for the purpose of Labor Code Section 3098 means employment pursuant to the approved standards of apprenticeship of the Program, under the supervision of journeyman/men, where the apprentice is receiving at least the minimum wage applicable to the apprentice's period of apprenticeship as provided for in this chapter.

(n) “Geographic Area of Operation” of an apprenticeship program means the geographic area in which the program regularly operates and trains apprentices.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3075, 3077, 3079, 3086 and 3090, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).

2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 3).

3. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

4. Amendment of subsection (f) and new subsection (l) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

5. New subsections (m) and (n) filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§206. Approval and Registration of Apprentice Agreements.

Note • History

(a) Agreements approved by Joint Apprenticeship Committee

(1) An apprentice agreement in an approved joint apprenticeship program shall be approved by the joint apprenticeship committee if the agreement complies with the apprenticeship program standards and Chapter 4 of Division 3 of the Labor Code and its implementing regulations under Title 8, California Code of Regulations, Section 200 et seq; and where there are adequate related and supplemental instruction and an assurance of employment to provide on-the-job training.

(2) After approval by the joint apprenticeship committee, the agreement shall be sent to DAS for registration within thirty (30) days of its execution by the apprentice.

(3) DAS shall register the agreement if DAS determines that it was approved in accordance with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.

(4) Within thirty (30) days of receipt of the agreement, DAS shall either register the agreement or return it to the program sponsor with the reasons for non-registration. If DAS registers the agreement, the registration shall be effective as of the date of its execution by the apprentice.

(b) Agreements approved by the Administrator

(1) If there is no joint apprenticeship committee, the apprenticeship agreement shall be sent to DAS for approval by the Administrator within thirty (30) days of its execution, and shall be approved if the Administrator determines that it complies with the requirements set out above, under subsection (a)(1), and it was submitted to DAS within thirty (30) days of its execution by the apprentice.

(2) If approved, the agreement shall be considered registered as of the date of its execution by the apprentice. A copy of the approved agreement shall be filed with the CAC for its review. If the Administrator does not approve the agreement, it shall not be registered and shall be returned to the program sponsor within 30 days of the date of receipt with the reasons for non-approval.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3079 and 3080, Labor Code.

HISTORY

1. New section filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3). For prior history, see Register 85, No. 4.

§207. Termination of Apprentice Agreements.

Note • History

(a) During the probationary period, if any, an apprentice agreement shall be terminated by the program sponsor at the request in writing of either party. An apprentice terminated by the program sponsor while on probation shall have no right to file a complaint under section 201 nor to contest the cancellation under section 207.1.

(b) After the probationary period, or where there is no probationary period, the apprentice agreement may only be terminated by the Administrator.

(1) Where there is mutual agreement of the parties, an apprentice agreement may be terminated by submitting to the Administrator a request in writing to terminate the agreement signed by the parties.

(2) Where there is not mutual agreement, either party may request that the agreement be terminated by the Administrator. The party making the request shall submit whatever evidence it believes shows that there is good and sufficient reason to terminate the agreement. The Administrator shall review the evidence and, where there is good and sufficient reason, shall terminate the agreement. The Administrator shall act within sixty days of receipt of the request. No program sponsor shall submit a request to terminate an apprentice agreement unless it shall first have given the apprentice notice in writing of its intended action and, if the program's standards provide for a local adjustment procedure, of the apprentice's right to exhaust the local adjustment procedure. In its request, the program sponsor shall advise the Administrator of the notice to the apprentice.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3077, 3078, 3079 and 3080, Labor Code.

HISTORY

1. New section filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3). For prior history, see Register 85, No. 4.

2. Amendment filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).

§207.1. Appeals from Requests to Terminate Apprentice Agreements and from Apprentice Discipline.

Note • History

(a) An apprentice who contests a program sponsor's request for termination may file an appeal with the Administrator of Apprenticeship.

(1) Any appeal must be filed within 30 days from written notice of the action of the Committee, and shall contain:

(A) The full name and address of the apprentice filing the complaint (hereinafter referred to as the “complainant”).

(B) The full name and address of the party (person, organization, or other party) against whom the complaint is made (hereinafter referred to as the “respondent”).

(C) A clear and concise statement of the facts constituting the basis for the complaint and the specific section of the Standards, or Program Rules that the apprentice contends have been violated.

(D) The signature of the person filing the complaint.

(E) A declaration by the person signing the complaint, under penalty of perjury, that its contents are true and correct to the best of his/her knowledge and belief.

(2) Upon receipt of an appeal, the Administrator of Apprenticeship shall cause a copy of such complaint to be served upon the respondent(s).

(3) Respondent shall have 30 days to provide the Administrator with evidence that it had good and sufficient reason for terminating the agreement and that it followed its standards and rules in disciplining the apprentice. Respondent shall also provide a copy of the minutes of the appeal hearing which considered the action by the program.

(4) After reviewing the complaint and the evidence provided, the Administrator shall have discretion to investigate the complaint further and may hold a hearing to allow the parties to present argument, either orally or in writing. The Administrator may also allow the parties to present evidence and in such case any hearing shall be in accordance with the procedures set out in 201(b) and (c)

(b) An apprentice who contests a program sponsor's imposition of discipline short of termination may file an appeal with the Administrator following the same procedure set forth in (a) above and the appeal shall be considered in the same manner as set forth in (a) above for appeals from requests for termination.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3081 and 3082, Labor Code.

HISTORY

1. New section filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).

Article 3. Standards for Minimum Wages, Maximum Hours and Working Conditions

§208. Wages, Employee Benefits, and Other Compensation for Apprentices.

Note • History

(a) For Apprentices In All Occupations Except The Building And Construction Industry:

For apprentices participating in approved apprenticeship programs in all industries, except the building and construction industry, the beginning wage rate, employee benefits and other compensation, and the progression of those rates, shall be decided by the sponsoring program in consultation with and subject to the approval of the Chief DAS.

(b) For Apprentices In The Building And Construction Industry Employed On Public Works Projects:

For apprentices participating in approved apprenticeship programs in the building and construction industry, the wages and employer payments for employees benefits as defined in 8 C.C.R. §16000 for regular and overtime work while employed on public works projects within the meaning of Labor Code §1720 et seq. shall be the per diem wage rates for apprentices in the apprenticeable occupation as determined by the Director of Industrial Relations in the geographic area of the project.

The hourly wage package as used herein consists of the total of the wages and employer payments for employee benefits as defined in 8 C.C.R. §16000. For apprentices participating in approved apprenticeship programs in the building and construction industry, the minimum hourly wage package for apprentices while employed on projects not covered by Subsection (b) above shall be as set forth either in subsections (1)-(5) of this subsection or, in the alternative, as set forth in subsection (6) of this subsection:

(1) A starting hourly wage package for first- period apprentices of not less than 40 percent of the prevailing per diem wage package for journeymen in the apprenticeable occupation and geographic area of the project, as determined by the Director of Industrial Relations for purposes of Labor Code §1720 et seq., using the rate effective on the immediately preceding March 1. At least 65 percent of this minimum hourly wage package must be paid to the apprentice as taxable wages;

(2) If there is no prevailing hourly wage package and wage package progression determined by the Director for journeymen for the apprenticeable occupation and geographic area, a starting wage rate decided by the sponsoring program in consultation with and subject to the approval of the Chief DAS based on consideration of the minimum starting hourly wage package and wage package progression for apprentices in the most analogous occupations and geographic areas;

(3) Where an employer elects to satisfy a portion of the hourly wage package by employer payments for employee benefits as defined in 8 C.C.R. §16000, the payment of such contributions must be verifiable and the cost of the benefit(s) must be reasonably related to the amount of the contribution(s). The employer shall submit its books and records to an audit by the DAS staff, upon request, to verify such payments;

(4) Where an employer elects not to satisfy a portion of the apprentice's hourly wage package by employer payments for employee benefits as defined in 8 CCR §16000, the employer shall pay the entire hourly wage package to the apprentice on the apprentice's paycheck. Where an employer elects to satisfy a portion of the apprentice's hourly wage package by employer payments for employee benefits, the employer shall pay the remainder of the apprentice's hourly wage package to the apprentice in the apprentice's paycheck;

(5) The minimum hourly wage package shall increase for each successfully completed period of apprenticeship to a higher percentage of the prevailing per diem wage package for journeymen in the apprenticeable occupation and geographic area of the project. These periodic increases in percentage shall be equal (e.g., 40 percent, 50 percent, 60 percent, etc.) and shall be such that the minimum hourly wage package in the final period of apprenticeship is not less than 80 percent of the prevailing per diem wage package for journeymen in the apprenticeable occupation and geographic area of the project, as determined by the Director, using the rate effective on the immediately preceding March 1. At least 65 percent of this minimum hourly wage package must be paid to the apprentice as taxable wages;

(6) In the alternative, a contractor will be in compliance with this entire subsection (c) if the contractor provides the same total hourly wage package and wage package progression to apprentices employed on private projects as the contractor provides to apprentices employed on public works projects in the same geographic area, and that total hourly wage package is not less than the prevailing per diem apprentice wage package for the apprenticeable occupation and the geographic area of the project;

(7) Existing apprenticeship programs already approved by the DAS and the CAC which are not in compliance with any aspect of this Subsection (c) shall have until February 17, 2002, to come into full compliance;

(8) By the enactment of this regulation, it is not the CAC's intent to change the manner by which the Director of Industrial Relations currently determines the prevailing wage rate, and the provisions of this Subsection (c) shall not be used to determine the prevailing wage rate.

(9) After February 17, 2002, all contractors employing registered apprentices shall pay not less than the minimum wages required by this subsection (c).

(d) For All Apprentices

Nothing in this Section shall permit the payment of less than the minimum wage prescribed by the Federal Fair Labor Standards Act or any applicable State minimum wage order.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 1777.5, Labor Code.

HISTORY

1. Amendment filed 11-5-75; effective thirtieth day thereafter (Register 75, No. 45).

2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

3. Editorial correction of Article 3 heading filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

4. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

5. Amendment of section heading, repealer and new section filed 9-6-95; operative 10-6-95 (Register 95, No. 36).

6. Amendment of section and Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§209. Overtime Provision.

Note • History

Overtime shall not interfere with or impair the training and shall not be detrimental to the health and safety of apprentices.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3078, Labor Code.

HISTORY

1. New NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

. 2. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

§210. Working Conditions.

Note • History

Apprentices shall work under and with competent journeymen and/or instructors and shall be assigned to work and learning tasks so that they obtain the diversified training on-the-job provided for in the apprenticeship standards.

NOTE

Authority cited: Sections 3071 and 3078, Labor Code. Reference: Section 3071, Labor Code.

HISTORY

1. New NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Article 4. Apprenticeship Standards

§211. Apprenticeable Occupations. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3076 and 3077, Labor Code.

HISTORY

1. Repealer filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

§212. Content of Apprenticeship Program Standards.

Note • History

Apprenticeship programs shall be established by written apprenticeship standards which must be approved by the Chief DAS under Section 212.2. In order to be approved, the standards must cover all work processes within the apprenticeable occupation. The standards must contain:

(a) A statement of:

(1) the occupation(s) and an outline of the work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;

(2) the parties to whom the standards apply, the program sponsor's labor market area, as defined by Section 215 appendix 2(l), for purposes of meeting equal employment opportunity goals in apprenticeship training and the program's geographic area of operation as defined by section 205(n);

(3) the duties of the apprentice;

(4) the apprentice's working conditions unique to the program;

(5) the progressively increasing wage, employee benefits and other compensation of the apprentice, as set by Section 208;

(6) the ratio of apprentices to journeymen, or the number of apprentices to be employed and the method used to determine the ratio whether by job site, workforce, department or plant;

(7) the local education agency which has agreed to provide the related and supplemental instruction, and a description of the courses to be provided;

(b) Provisions for:

(1) establishment of an apprenticeship committee, if applicable;

(2) administration of the standards;

(3) establishment of rules and regulations governing the program. An apprenticeship program's standards or rules may provide for a period of probation which may not be for more than the combination of 1,000 hours of employment and 72 hours of related instruction;

(4) determining the qualifications of employers if other than single employer programs and an orientation, workshop, or other educational session for employers to explain the apprenticeship program's standards and the operation of the apprenticeship program;

(5) determining the qualifications of apprentice applicants and fair and impartial treatment of applicants for apprenticeship selected through uniform selection procedures, which shall be an addendum to the standards, pursuant to Section 215;

(6) the incorporation of the provisions of the standards into the apprentice agreement either directly or by reference;

(7) a procedure to be utilized for the recording and maintenance of all records concerning apprenticeship and otherwise required by law including a system for recording the apprentice's worksite job progress and progress in related and supplemental instruction and a system for the periodic review and evaluation of the apprentice's progress in job performance and related instruction;

(8) discipline of apprentices for failure to fulfill their obligations on-the-job or in related instruction, including provisions for fair hearings;

(9) terminating, or recommending the cancellation of, apprentice agreements in accordance with section 207;

(10) recommending issuance of State Certificates of Completion of Apprenticeship pursuant to Section 224;

(11) training and supervision, both on the job and in related instruction, in first aid, safe working practices and the recognition of occupational health and safety hazards;

(12) training in the recognition of illegal discrimination and sexual harassment;

(13) approval of the standards, and revisions to the standards, by the Chief DAS;

(14) an adequate mechanism to be used for the rotation of the apprentice from work process to work process to assure the apprentice of complete training in the apprenticeable occupation including mobility between employers when essential to provide exposure and training in various work processes in the apprenticeable occupation; and an adequate mechanism that will be used to provide apprentices with reasonably continuous employment in the event of a lay-off or the inability of one employer to provide training in all work processes as outlined in the standards;

(15) the on-going evaluation of the interest and capacity of individual employers to participate in the apprenticeship program and to train apprentices on-the-job and provisions for the evaluation of on-the-job training and related and supplemental instruction;

(16) compliance with training criteria where such have been adopted pursuant to Section 212.01; and

(17) meaningful representation of the interests of apprentices in the management of the program, which is shown where:

(A) In a joint labor-management sponsored program, the apprentices participating in that program are represented by a labor organization pursuant to one of the following: National Labor Relations Act, the Railway Labor Act, the California Public Employee Relations Act, Agricultural Labor Relations Act, the Meyers-Milias Brown Act;

(B) In a program sponsored by more than one employer or an association of employers, the apprentices participating in that program are at least equally represented on an advisory panel established by the apprenticeship committee responsible for the operation of the program. The apprentices shall be represented on the advisory panel by at least three representatives of the apprentices' choice who shall have full voice and vote on the panel except as to financial matters or matters that relate to the administration or structure of an employee benefit plan or the administration or operation of a trust fund. The representatives of the apprentices shall be selected by way of a secret ballot election among the apprentices conducted by the apprenticeship program not less than once every two (2) years. This advisory panel shall meet not less than once every quarter to address issues and concerns raised by and affecting the apprentices in the program.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3060, 3071, 3073, 3075 and 3078, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19).

2. Amendment of subsection (a)(8) filed 11-5-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

4. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

5. Amendment of initial paragraph and subsection (c)(15) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

6. Amendment filed 9-6-95; operative 10-6-95 (Register 95, No. 36).

7. Amendment of section and Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§212.01. State-Wide Minimum Industry Training Criteria.

Note • History

(a) The California Apprenticeship Council (“Council”) may adopt state-wide minimum industry training criteria adopted by a particular industry training committee established pursuant to the provisions of this section, unless the particular committee cannot establish such criteria by its deadline as provided under this section, in which case the CAC may otherwise determine state-wide minimum industry training criteria to be utilized in accordance with the provisions of this section.

(b) The following procedures shall be followed when initially establishing the minimum industry training criteria:

(1) A committee shall be established by the Chair of the Council for each apprenticeable construction-industry craft or trade, and may be established by the Chair of the Council for any apprenticeable non-construction industry craft or trade. The Chair shall appoint a minimum of eight (8) members in the following categories: two signatory employer representatives, two non signatory employer representatives, two signatory employee representatives, and two non signatory employee representatives. The term of each member shall be three years. The Chair may appoint additional members in the same proportion. The Chair shall appoint members from among candidates supplied by the sponsors of apprenticeship programs approved or proposed for approval under the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code (“Shelley-Maloney Act”) in the particular craft or trade. The Chair shall notify all programs approved or proposed for approval under the Shelley-Maloney Act in the particular craft or trade of the Chair's intent to form such committee or appoint committee members at least 45 days before making such appointments, and must provide such programs with a period of at least 30 days within which to submit candidates to the Chair. Where programs do not supply sufficient candidates in the categories required to the Chair within the period provided or where there are no programs to supply candidates, the Chair may select individuals working in the particular craft or trade to complete the committee. The Chair shall endeavor to appoint members from all segments of the industry.

(2) Committee action shall require a two-thirds majority vote of the members in attendance at a duly constituted meeting. For the purpose of this section, a duly constituted meeting shall mean that a quorum consisting of a majority of the entire committee is in attendance.

(3) The committee shall meet as often as necessary at the call of its chair. The chair of the committee shall be appointed annually by the Chair of the Council. The chair of the committee shall rotate between signatory and non signatory representatives.

(4) The committee shall establish the state-wide minimum industry training criteria for the trade or craft for which it was established, the content of which shall encompass all the requirements of Section 212 of these regulations and the following topics in addition thereto: length of training, related classroom instruction, types of work processes and the skills to be learned, on-the-job training, competency testing, and apprenticeship program completion percentages. The criteria for the barbering, cosmetology, skin care and nail care trades shall be consistent with the standards for licensure in these trades required by the State Board of Barbering and Cosmetology.

(5) The committee shall formulate the state-wide minimum industry training criteria for the applicable trade or craft no later than twelve months from the date of its first meeting, unless extended by the Council. The Council shall endeavor to complete its review of the criteria by the second regularly scheduled meeting of the Council following the submission. If the Council does not approve the criteria, the submission shall be promptly returned to the committee with the Council's written reasons and a new deadline for resubmission to the Council.

(c) Every three years following the adoption of a particular set of state-wide minimum industry training criteria, the particular committee shall meet to review the criteria, and revise it, if necessary, subject to approval by the Council.

(d) Every apprenticeship program approved or proposed for approval under the Shelley-Maloney Act in a particular craft or trade for which state-wide minimum industry training criteria has been adopted shall conform to such criteria in its operations no later than one (1) year after adoption of such criteria by the Council.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3073, 3073.2 and 3078, Labor Code.

HISTORY

1. New section filed 9-27-96; operative 10-27-96 (Register 96, No. 39).

2. Amendment of section heading and Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

3. Amendment of section heading and section filed 6-19-2007; operative 7-19-2007 (Register 2007, No. 25).

§212.1. Reciprocal Approval of Apprenticeship Programs.

Note • History

Apprenticeship programs and standards of employers and unions in other than the building and construction industry, which jointly form a sponsoring entity on a multistate basis and are registered pursuant to all requirements of Title 29 Code of Federal Regulations, Part 29, as adopted February 15, 1977, by any recognized State Apprenticeship Agency/Council or by the Bureau of Apprenticeship and Training, U.S. Department of Labor, shall be accorded approval reciprocity by the Chief DAS, if such reciprocity is requested by the sponsoring entity.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Section 3071, Labor Code.

HISTORY

1. New section filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

2. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

§212.2. Eligibility and Procedure for DAS Approval of an Apprenticeship Program.

Note • History

(a) To be eligible for approval, a program must comply with all applicable federal and state law and regulations. A revision to change the program's occupation or to change the program's geographic area of operation to include a different labor market area is subject to the same application and approval process set out in (a)-(j) of this section for approval of a program, including providing notice of the proposed revision and an opportunity for comment to existing programs in the same apprenticeable occupation in the labor market area. The program sponsor shall submit to the Chief, DAS, an application for approval of the program and shall provide the program standards and, either with the application or during the application review process, evidence of:

(1) commitment to provide safe work site facilities and safe equipment sufficient to train the apprentices;

(2) commitment to provide skilled workers as trainers at the work site who meet the criteria for journeyman or instructor as defined in Section 205(a) or (b);

(3) adequate arrangements for related and supplemental instruction pursuant to Labor Code section 3074;

(4) ability to offer training and supervision in all work processes of the apprenticeable occupation;

(5) the program sponsor's ability, including financial ability, and commitment to meet and carry out its responsibility under the federal and state law and regulations applicable to the apprenticeable occupation and for the welfare of the apprentice.

(b) The training must be in an apprenticeable occupation as defined in Section 205(c) and must conform to the requirements of Section 215 concerning equal opportunity in apprenticeship;

(c) Within thirty days after receipt of an application for approval of a program, or for approval of a revision to change the occupation or to change the program's geographic area of operation to include a different labor market area, the Chief DAS shall notify the sponsor in writing either that: (1) the application is complete and accepted for filing; or (2) the application is incomplete and specified additional information is required;

(d) Where a collective bargaining agreement exists, a program shall be jointly sponsored unless either party to the agreement waives its right to representation in writing;

(e) If the standards or collective bargaining agreement of a program proposed by an employer or employers' association provide for participation by a union in the operation of the program, the sponsor shall provide evidence that the union accepts or does not oppose the program. The union may submit comments on the proposed program within thirty days after receipt of the proposed standards. The Chief may, in his or her discretion, consult with such union concerning the proposed program;

(f) If the standards and collective bargaining agreement of a program proposed by an employers' association do not provide for participation by a union in the operation of the program, the sponsor shall serve a copy of the proposed standards and any supplement thereto on the union, if any, which is the collective bargaining agent of the employees to be trained. The union may submit comments on the proposed program within thirty days after receipt of the completed standards. The Chief may, in his or her discretion, consult with such union concerning the proposed program;

(g) Upon receipt of the proposed standards of a program, the Chief shall serve a copy of the proposed standards and any supplement thereto on the sponsor of each existing program in the apprenticeable occupation in the labor market area of the program, unless the program has advised the Chief DAS that it does not wish to be so notified. Each such existing program may submit comments on the proposed program within thirty days after receipt of the completed standards. The Chief may, in his or her discretion, consult with such existing program concerning the proposed program;

(h) The Chief may, in his or her discretion, hold a hearing on any issue relating to the compliance of a proposed program with federal and state law and regulations. The Chief shall provide notice of, and an opportunity to attend, the hearing to the sponsor and to any union or existing program that is entitled to submit comments under this section. The hearing shall be conducted informally without the application of formal rules of evidence or procedure;

(i) The Chief's decision whether to approve a program shall be issued within ninety days after the receipt of the completed application for approval. The decision shall be served on the sponsor and on each party which submitted comments on the proposed program. The decision shall be in writing and shall set forth the relevant findings of fact, a discussion of any issues raised by any comments or at any hearing and the reasons for the decision;

(j) The median time for processing an application to train apprentices, from the receipt of the initial application to the final approval decision, based on the experience in the two years preceding the proposal of this Section, is two years. The minimum time is one and a half years, and the maximum time is three years.

(k) The Chief's decision approving or disapproving a proposed program shall be final and become an Order of the Council if no appeal is filed within 30 days following service of the decision on the parties. The appeal may be filed by the sponsor or by any union or existing program which was authorized to and did submit comments under this section;

(l) The chairperson of the Council shall refer the appeal, if any, to a three member panel which shall submit a recommendation to the full Council. The Panel's recommendation shall be submitted no later than the second regularly scheduled meeting of the Council after the filing of the appeal. The panel may, in its discretion, hold a hearing if the Chief did not hold a hearing in the consultation process. The hearing shall be conducted in compliance with Section 203.

(m) The Council may affirm, reverse, or modify the decision of the Chief or of the appeal panel. The decision of the Council on an appeal shall be final.

(n) All documents, notices and appeals filed or served under this Section shall be filed or served in accordance with Section 229.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3073, 3075 and 3090, Labor Code.

HISTORY

1. New section filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

2. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

4. Amendment of section heading and section filed 9-6-95; operative 10-6-95 (Register 95, No. 36).

5. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§212.3. Apprenticeship Program Self-Assessment and Audits.

Note • History

(a) Each apprenticeship program shall annually prepare and submit a Self-Assessment Review as well as a Program Improvement Plan to the Chief DAS; provided, however, that a program is not required to submit a Review and a Plan in the first year of its existence.

(b) The Self-Assessment Review shall contain an objective and critical appraisal of the following items at a minimum:

(1) curriculum and instruction;

(2) supervision and management;

(3) individual apprentice training plans;

(4) use of competent and qualified personnel;

(5) utilization of facilities, equipment and material;

(6) community, business and industry involvement;

(7) recruitment, assessment and placement;

(8) program promotion;

(9) program accountability;

(10) safety and drug-free environmental training; and

(11) training in the recognition of sexual harassment and illegal discrimination.

(c) The Program Improvement Plan shall contain provisions by which the program sponsor(s) represent that good faith efforts shall be made to improve identified deficiencies in program operations and in the training of apprentices. Such Plan shall contain at a minimum:

(1) remedial priorities;

(2) program improvement objectives;

(3) identification of personnel, resources, and action needed; and

(4) timelines for completion of objectives.

(d) The Chief DAS shall select a program for random audit using a method that is not based on factors specific to that audit subject. A program may be selected for random audit only once during each five-year period beginning January 1, 2000. A program may be selected for non-random audit at any time if:

(1) there have been at least two previous final determinations that the program has violated laws or regulations regulating apprenticeship; or

(2) the Chief, DAS, as the result of a previous audit under this section, has identified violations of the program's standards or laws or regulations regulating apprenticeship and believes that the violations may not have been remedied.

(e) A program that has been selected for audit shall be notified by the Chief DAS fourteen (14) days prior to the commencement of the audit. The notice shall state whether the audit is a random audit or non-random.

(f) An audit of a program shall include a review of the program records, including records of apprentice training and related and supplemental instruction; inspection of the program's training facilities; visits to on-the-job training locations; and review of individual apprentice records. Apprentice records may be reviewed by a method of random selection and not every apprentice record need be reviewed so long as a sufficient number are reviewed to fairly evaluate the program. The Chief DAS shall provide a copy of the proposed audit report to the program within 30 days of the completion of the audit. The program shall have 14 days following receipt of the report to make comments. The Chief DAS may reopen the audit in response to any comments, and shall submit a final audit report, taking into account any comments, to the California Apprenticeship Council within 10 days following the final completion of the audit.

(g) Audit reports shall not include the name, address or social security number or other identifying information about any apprentice and shall not include any medical or other confidential information about any apprentice.

(h) The audit report prepared by the Chief DAS for presentation to the California Apprenticeship Council shall contain recommendations for remedial action to correct deficiencies, if any, and a proposed time schedule for doing so. The Chief DAS shall report at each regular California Apprenticeship Council meeting the status of each audit, including whether or not the deficiencies identified in the audit report have been corrected.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3073, 3073.1, 3074, 3074.3, 3075, 3078 and 3090, Labor Code.

HISTORY

1. New section filed 9-27-96; operative 10-27-96 (Register 96, No. 39).

2. Amendment of section heading, repealer of subsections (d)-(e), new subsections (d)-(h) and amendment of Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§212.4. Deregistration of Programs.

Note • History

The deregistration of a program cancels the approval of a program to operate.

(a) The Chief DAS shall deregister an apprenticeship program upon the request of the sponsor as long as within fifteen days of the Chief's acknowledgment of the request for deregistration, the sponsor shall inform each apprentice in writing of the deregistration, the proposed effective date of the deregistration and the names and addresses of other programs in the area. The Chief shall not deregister the program unless the sponsor complies with this requirement.

(b) The Chief may deregister an apprenticeship program, if the program is not conducted, operated and administered in accordance with applicable federal and state law and regulations or the program's approved apprenticeship standards, or if a program has had no active apprentices for a period of two (2) years, except that deregistration proceedings for violation of equal opportunity requirements shall be processed in accordance with Section 215:

(1) If the Chief has information that a program is not being operated in accordance with applicable federal and state law and regulations or the program's approved apprenticeship standards, the Chief shall so notify the program sponsor in writing sent by registered or certified mail, with return receipt requested. The notice shall identify the violation and the action needed to correct the violation. The notice shall state that the program will be deregistered unless corrective action is completed within thirty days. Upon a showing of good cause, the Chief may grant the sponsor a reasonable extension of time to achieve corrective action. Where the Chief has information that a program has had no active apprentices for a period of two (2) years, that shall be considered grounds for deregistration and the Chief shall notify the program sponsor in writing as set forth above that the program will be deregistered unless the program can show good cause within thirty (30) days why it should not be deregistered;

(2) The Chief shall advise the sponsor in every reasonable way to help the program sponsor correct the violation;

(3) If the required correction is made, the Chief may periodically review the program to see that the correction is maintained;

(4) If the required correction is not completed, or if a program which has had no active apprentices for a period of two (2) years fails to show good cause why it should not be deregistered, within the allotted time, the Chief shall send a notice to the sponsor, by registered or certified mail, return receipt requested. The notice shall:

(A) State that it is sent pursuant to this subsection;

(B) Indicate that the program has had no active apprentices for a period of two (2) years and has failed to show good cause why it should not be deregistered; or identify the violation with particularity, state when it was called to the sponsor's attention, identify the correction required and state that the sponsor has failed or refused to correct the violation;

(C) State that the Chief will recommend that the Administrator deregister the program unless the sponsor requests a hearing within fifteen days of the date of the notice;

(5) If the sponsor does not request a hearing, the Chief shall transmit to the Administrator a report containing all pertinent facts and circumstances concerning the violation, including the findings and recommendation for deregistration, and copies of all relevant documents and records. Statements concerning interviews, meetings and conferences shall include the time, date, place, and persons present. The Administrator shall make a final order on the basis of the record.

(6) If the sponsor requests a hearing, the Chief shall transmit to the Administrator a report containing all the data listed in subparagraph (5) above. The Administrator shall hold a hearing in accordance with Section 202, and shall make a final decision on the basis of the record, including the proposed findings and recommended decision of the Chief. At the Administrator's discretion, he/she may allow the sponsor a reasonable period of time to achieve corrective action.

(7) The decision of the Administrator concerning deregistration of a program shall be final and become an order of the Council unless an appeal is filed by the sponsor with the Council within thirty (30) days following the date the decision is issued. If the program is deregistered, and no appeal to the Council is filed, the deregistration shall be effective sixty (60) days following the date the Administrator's Decision was issued.

(8) The sponsor may appeal the Administrator's Decision to the Council. If an appeal is filed, the procedures of Section 203 shall be followed. The Decision of the Council shall be final and shall be effective thirty (30) days following the date the Council's Decision is issued.

(9) Upon issuance of the Administrator's Decision to deregister, the Administrator shall make public notice of this Decision and shall notify the sponsor and other programs in the same occupation and in the same labor market area. Within 15 days of service of the Administrator's Decision, the sponsor shall notify each apprentice of the Administrator's Decision to deregister the program. The sponsor shall inform each apprentice that, if the deregistration decision becomes final, it automatically terminates the apprentice's individual registration. The sponsor shall provide each apprentice with the names and addresses of other programs in the area. Finally, the sponsor shall provide Chief, DAS, with proof of said mailing.

NOTE

Authority cited: Sections 3071 and 3081, Labor Code. Reference: Sections 3073, 3075, 3078, 3081, 3082, 3083 and 3090, Labor Code.

HISTORY

1. New section filed 9-6-95; operative 10-6-95 (Register 95, No. 36).

2. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§213. Discipline--Cancellation.

Note • History

The apprenticeship program standards may provide for the disciplining of apprentices for failure to fulfill their obligations on-the-job or in related instruction. Disciplinary measures may include provisions for the suspension of an apprentice for a period not to exceed sixty (60) days. Standards may provide for a recommendation to the Administrator of Apprenticeship for the immediate cancellation of the apprentice agreement for good and sufficient reason.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Section 3071, Labor Code.

HISTORY

1. Amendment filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

3. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

§214. Approved Forms. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3076-3078, 3080-3084 and 3096, Labor Code.

HISTORY

1. Amendment filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Amendment filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44).

3. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Article 5. Selection Procedures

§215. State Compliance.

Note • History

Selection procedures must be in writing, approved by the apprenticeship program sponsor, and must meet objective standards.

Apprenticeship programs must comply with the State of California Plan for Equal Opportunity in Apprenticeship adopted by the California Apprenticeship Council on April 26, 1986 to be effective September 28, 1986, as though expressly set forth herein and shall be considered as an appendix hereto and appropriately marked as such, including the month and year of adoption.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3075.1 and 3076, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 6-8-71; effective thirtieth day thereafter (Register 71, No. 24).

2. New subsection (d) filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19).

3. New subsection (e) filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

4. Amendment of subsection (a) filed 10-5-78; effective thirtieth day thereafter (Register 78, No. 40).

5. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

6. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

7. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

§216. Review and Compliance. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3076-3078, 3080-3084 and 3096, Labor Code.

HISTORY

1. Repealer filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44). For prior history, see Registers 73, No. 20; and 71, No. 33.

2. Renumbering from Section 217 to Section 216 and amendment of subsection (d) filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44).

3. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

§217. Review and Compliance. [Repealed]

History

HISTORY

1. Amendment of subsection (b) filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

2. Renumbering from Section 217 to Section 216 filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44).

Article 6. Apprenticeship Programs and Committees

§218. Apprenticeship Programs.

Note • History

The administration and operation of apprenticeship programs shall be supervised by an apprenticeship program sponsor which shall approve apprentice agreements, adjust disputes and perform such other functions and duties as are agreed to in the apprenticeship standards. An apprenticeship program is not restricted to a local area of coverage and may provide for local, regional or statewide coverage in its standards. All actions and determinations regarding apprenticeship programs by apprenticeship program sponsors shall be made after giving reasonable notice and opportunity to be heard to all interested parties.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3073 and 3075-3080, Labor Code.

HISTORY

1. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

§219. Local Joint Apprenticeship Programs. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Section 3075, Labor Code.

HISTORY

1. Repealer filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

§220. Local Unilateral Apprenticeship Programs. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Section 3079, Labor Code.

HISTORY

1. Repealer filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

§221. Federations of Apprenticeship Committees. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3090, Labor Code.

HISTORY

1. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

. 2. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

§222. State and Regional Apprenticeship Advisory Committees. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3073, Labor Code.

HISTORY

1. Amendment filed 8-9-71; effective thirtieth day thereafter (Register 71, No. 33).

2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

3. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

§223. State and Local Community Equal Opportunity Apprenticeship Committees. [Repealed]

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3075.1 and 3076, Labor Code.

HISTORY

1. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).

2. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Article 7. State Certificates of Completion of Apprenticeship

§224. When Issued.

Note • History

(a) A “Certificate of Completion of Apprenticeship” attesting to the completion of an apprenticeship will be issued under the authority of the California Apprenticeship Council by the Division of Apprenticeship Standards upon receipt of such competent evidence as may be required by the California Apprenticeship Council.

(b) The certificate shall signify completion of an apprenticeship under standards and apprentice agreement approved under the State Apprenticeship Law and these regulations.

(c) Completion of the entire apprenticeship program by the apprentice shall be attested to by the local apprenticeship program sponsor. The local apprenticeship program sponsor will attest to the related and supplemental instruction after consulting with the appropriate school authorities regarding the completion of the educational requirements of related and supplemental subjects.

(d) The certificate is in recognition of completion of an apprenticeship. The certificate may be granted to an apprentice only when the apprentice:

(1) in addition to previous on-the-job training and related school instruction which is of an approved nature, shall have completed not less than an additional six (6) months as an apprentice under the laws of the State of California; and

(2) demonstrated to the satisfaction of the apprenticeship program sponsor, mastery of the skills and knowledge of the prescribed program.

(e) The local apprenticeship program sponsor in recognition of unusual ability and progress in mastering the skills of the occupations and the related and supplemental education program may decrease the apprenticeship period for individual apprentices by not more than twelve and one-half (12 1/2) percent.

(f) Credit toward the apprenticeship for work experience prior to the apprenticeship may be given by the local apprenticeship program sponsor after verification and/or examination. Credit for partial completion of the education requirements for related and supplemental instruction may be given by the local apprenticeship program sponsor after consultation with the appropriate school authorities concerning the mastery of the related instruction ordinarily required of the apprentices.

(g) In instances where school classes are not available or where attendance will result in an undue hardship on the apprentice, the local apprenticeship program sponsor, after consultation with the appropriate school officials, may make arrangements for acceptance of educational experiences such as home study or correspondence courses as fulfilling the related and supplemental education requirement.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3078, Labor Code.

HISTORY

1. Amendment of subsection (d) filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Editorial correction of subsection (g) (Register 95, No. 41).

Article 8. Local Joint Apprenticeship Committee Certificate of Authorization [Repealed]

HISTORY

1. Amendment of subsections (a), (a)(1), (a)(4), (a)(5), (a)(6) and (a)(8) filed 8-9-71; effective thirtieth day thereafter (Register 71, No. 33).

. 2. Repealer of Article 8 (Section 225) filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

Article 9. Certificates of Meritorious Service [Repealed]

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.5, Labor Code.

HISTORY

1. Repealer of Article 9 (Section 226) filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Article 10. Required Apprentices On Public Works Contract

§227. Scope and Application.

Note • History

These regulations shall govern all actions pursuant to provisions of Division 2, Part 7, Chapter 1, Labor Code Sections 1777.5 and 1777.7.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Sections 1777.5, 1777.6 and 1777.7, Labor Code. Hydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship Committee, (1989) 891 F.2d 719.

HISTORY

1. Repealer and new section filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90. For prior history, see Register 82, No. 40.

2. Reinstatement of section as it existed prior to 4-9-90 emergency repeal and adoption filed 5-21-91 pursuant to Government Code section 11346.1(f) 120 days from effective date (Register 91, No. 47).

3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Editorial correction of Authority cite (Register 95, No. 21).

§228. Definitions.

Note • History

For the purpose of this Article 10:

(a) ADMINISTRATOR means the Administrator of Apprenticeship or a duly authorized representative.

(b) CHIEF means the Chief of the Division of Apprenticeship Standards or a duly authorized representative.

(d) COUNCIL means the California Apprenticeship Council.

(e) DAS means the Division of Apprenticeship Standards.

(f) DATE OF AGREEMENT OR CONTRACT AWARD means, whichever is earlier, the date the Public Work contract was signed by the party authorizing performance under the Public Work, or the date a Notice to Proceed was issued.

(g) WORKER means any journeyman as defined in Section 205(a) of Title 8 performing work of an apprenticeable occupation on a public works job, except a licensee who is a sole proprietor.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Sections 1777.5 and 1777.7, Labor Code.

HISTORY

1. New section filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90. For history of former section 228, see Register 82, No. 40.

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§229. Service, Notice and Computation of Time.

Note • History

(a) Except where otherwise provided for in these Regulations, all documents and notices required to be served pursuant to this Article shall be served personally, or by certified mail, or by first class mail on the party to be served or attorney or representative of Record.

(b) Service shall be prior to filing. Proof of service, by means of a written declaration under penalty of perjury stating the name(s) and address(es) of party(s) served and the date and manner of service, shall be attached to the papers filed.

(c) In computing the time within which a right may be exercised or an act is to be performed the first day shall be excluded and the last day shall be included. If the last day is a Saturday, Sunday or legal holiday, time shall be extended to the next weekday. For documents or notices served by first class main the time for performing any act shall be extended pursuant to the Code of Civil Procedure Section 1013.

(d) A request for review which is transmitted to the Administrator within 30 days after service of the order of debarment or civil penalty will be considered timely if the request was sent to the Administrator by first class mail or facsimile with a proof of service showing the date of service was within 30 days after service of the order of debarment or civil penalty.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Amendment of section heading and new subsection (d) filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§230. Notification of Contract Award Information.

Note • History

(a) Contractors shall provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade in the area of the site of the public works project that has approved the contractor to train apprentices. Contractors who are not already approved to train by an apprenticeship program sponsor shall provide contract award information to all of the applicable apprenticeship committees whose geographic area of operation includes the area of the public works project. This contract award information shall be in writing and may be a DAS Form 140, Public Works Contract Award Information. The information shall be provided to the applicable apprenticeship committee within ten (10) days of the date of the execution of the prime contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the public work. Failure to provide contract award information, which is known by the awarded contractor, shall be deemed to be a continuing violation for the duration of the contract, ending when a Notice of Completion is filed by the awarding body, for the purpose of determining the accrual of penalties under Labor Code Section 1777.7. The DAS Form 140 or written notice shall include the following information, but shall not require information not enumerated in Section 230:

(1) the contractor's name, address, telephone number and state license number;

(2) full name and address of the public work awarding body;

(3) the exact location of the public work site;

(4) date of the contract award;

(5) expected start date of the work;

(6) estimated journeyman hours;

(7) number of apprentices to be employed;

(8) approximate dates apprentices will be employed;

NOTE

Authority cited; Section 1777.7, Labor Code. Reference: Section 1777.5, Labor Code.

HISTORY

3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§230.1. Employment of Apprentices on Public Works.

Note • History

(a) Contractors, as defined in Section 228 to include general, prime, specialty or subcontractor, shall employ registered apprentice(s), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted, the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices (as defined by Labor Code Section 3077) to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the public work by giving the committee written notice of at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested, the contractor must request apprentice dispatch(es) from another committee providing training in the applicable craft or trade in the geographic area of the site of the public work, and must request apprentice dispatch(es) from each such committee, either consecutively or simultaneously, until the contractor has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch of apprentices shall be in writing, sent by first class mail, facsimile or email. Except for projects with less than 40 hours of journeyman work, each request for apprentice dispatch shall be for not less than an 8 hour day per each apprentice, or 20% of the estimated apprentice hours to be worked for an employer in a particular craft or trade on a project, whichever is greater, unless an employer can provide written evidence, upon request of the committee dispatching the apprentice or the Division of Apprenticeship Standards, that circumstances beyond the employer's control prevent this from occurring. If a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards, the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a written request no apprenticeship committee dispatches, or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices for the remainder of the project, provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested, the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched, provided that, where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices, the contractor has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the public work. Nothing in this section shall affect the right of a Contractor who participates in and employs registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5.

(b) Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate, available from DAS, and derived from the Director's survey of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action.

(c) Apprentices employed on public works can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation. Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(c)(2), apprentices employed on public works must at all times work with or under the direct supervision of journeyman/men. The on-the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training, provided that a contractor shall not be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed.

(d) The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1, 2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1, 2009.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.5, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

5. Amendment of subsections (a) and (d) filed 6-22-2009; operative 7-1-2009 pursuant to Government Code section 11343.4(c) (Register 2009, No. 26).

6. Amendment of subsection (a) filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).

§230.2. Payment of Apprenticeship Training Contributions to the Council.

Note • History

(a) Contractors who are neither required nor wish to make apprenticeship training contributions to the applicable local training trust fund shall make their training contributions to the Council. Contractors may refer to the Director of the Department of Industrial Relations applicable prevailing wage determination for the amount owed for each hour of work performed by journeymen and apprentices in each apprenticeable occupation.

(b) Training contributions to the Council are due and payable on the 15th day of each month for work performed during the preceding month.

(c) Training contributions to the Council shall be paid by check and shall be accompanied by a completed CAC-2 Form, Training Fund Contributions, (Rev. 10/91), or the following information:

(1) The name, address, and telephone number of the contractor making the contribution.

(2) The contractor's license number.

(3) The name and address of the public agency that awarded the contract.

(4) The jobsite location, including the county where the work was performed.

(5) The contract or project number.

(6) The time period covered by the enclosed contributions.

(7) The contribution rate and total hours worked by apprenticeable occupation.

(8) The name of the program(s) that provided apprentices, if any.

(9) The number of apprentice hours worked, by apprenticeable occupation and by program.

(d) Training fund contribution paid to the CAC and deposited by the last day of a fiscal year into the Apprenticeship Training Contribution Fund shall be distributed in accordance with this subdivision within 90 days of the end of that fiscal year. Only apprenticeship programs that have had approval under Labor Code section 3075 for the entire fiscal year and are in existence at the time of the distribution of funds shall be entitled to receive a share of the distributed contributions. Contributions shall be distributed as follows: (i) payment shall first be made to the Division of Apprenticeship Standards for its budgeted expenses to administer this subdivision in the fiscal year in which the distribution is made; (ii) where there is only one applicable apprenticeship program in the same occupation for which contributions were made whose geographic area of operation as defined in 8 C.C.R. section 205(n) includes the county in which the work was performed, those contributions will be distributed to that program less the pro rata share of expenses paid by DAS; and (iii) where there are two or more applicable apprenticeship programs in the same occupation for which contributions were made whose geographic area of operation as defined in 8 C.C.R. section 205(n) includes the county in which the work was performed, those contributions will be distributed to each such program in proportion to the total number of registered apprentices that DAS has recorded in that program on June 30 of the fiscal year for which contributions were received less the pro rata share of expenses paid by DAS. “Pro rata share of expenses” means the share of DAS expenses that bears the same ratio to the contributions to be distributed as the total DAS expenses bear to the total contributions received in the fiscal year.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Sections 1770, 1773, 1773.1, 1777.5 and 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. New subsections (c)(8)-(9) filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

5. New subsection (d) and amendment of Note filed 4-6-2005; operative 5-6-2005 (Register 2005, No. 14).

§231. Complaints and Determinations of Noncompliance with Labor Code Section 1777.5.

Note • History

(a) Complaints alleging noncompliance with Labor Code Section 1777.5 may be filed with the Chief by any person. Such complaints shall contain the following:

(1) The full name and address of the party filing the complaint.

(2) The full name and address of the party(s) against whom the complaint is made (hereinafter referred to as the “respondent”).

(3) The name and address of the general contractor if the party against whom the complaint is filed is a subcontractor.

(4) The full name and address of the public work awarding body.

(5) The location (address or geographic location) of the public work site.

(6) A clear and concise statement of the facts constituting the basis for the complaint, date(s) of the alleged violation(s) and where appropriate, substantiation that respondent has: (A) failed to provide the applicable Apprenticeship Committee with notice of contract award information; and/or (B) failed to comply with the required apprentice to journeyman ratio; and/or (C) failed to properly employ apprentice(s) by assigning apprentice(s) to perform work outside the craft or trade of the apprenticeable occupation; and/or (D) failed to make required contributions to the Council or to the applicable apprenticeship program; and/or (E) failed to provide the applicable Apprenticeship Committee with a verified statement of the journeyman and apprentice hours performed on the contract; and/or (F) otherwise violated Labor Code Section 1777.5.

(7) The apprenticeable occupation.

(8) A declaration by the person signing the complaint under penalty of perjury that its contents are true and correct to the best of his/her knowledge and belief.

(9) The signature of the person filing the complaint, or in the case of an organization, an authorized officer or agent.

(10) Proof of Service of the complaint on the respondent, and in the case of a respondent subcontractor also on the general and/or prime contractor, pursuant to the provisions of Section 229.

(b) The Chief shall investigate complaints and provide written notice to the complaining party, if any, and the respondent of the determination. Whether or not there is a complaint, the Chief shall conduct an investigation before making a determination that a violation has occurred.

(c) The filing of a complaint is not a prerequisite to the initiation of an investigation by the Chief or to a determination by the Chief that a violation has occurred.

(d) Before issuing a determination that a violation has occurred, the Chief shall provide the affected contractor(s) with written notice of the allegations and a reasonable opportunity to respond.

(e) The Chief, on his/her own initiative, may issue a non-willful Notice when there is cause to believe that there has been a non-willful violation of Labor Code Section 1777.5. Such Notice shall be filed within six (6) months from the date of the alleged violation and shall contain the information required in subpart (b) of this section, but need not be under penalty of perjury. The Chief shall serve notice of a determination of a civil penalty or debarment on the affected contractor(s). The notice shall set forth the procedure set forth in Labor Code section 1777.7(c) for obtaining review of the Chief's decision. For purposes of commencing a period of debarment, the date of the determination of noncompliance by the Chief shall be the first date on which the Chief's decision is no longer subject to review.

(f) Nothing in this subchapter shall prevent the Chief from entering into a settlement with the affected contractor, either before or after a notice of a determination.

(g) If the Chief determines that a contractor has failed to submit contract award information and/or a verified statement of the journeyman and apprentice hours performed, the contractor shall use certified mail as the means of making subsequent submissions and maintain U.S. Postal Service return receipts as proof of mailing. The certified mail requirement shall end after two years from the notice of the determination.

(h) For purposes of Labor Code Section 1777.7, a contractor knowingly violates Labor Code Section 1777.5 if the contractor knew or should have known of the requirements of that Section and fails to comply, unless the failure to comply was due to circumstances beyond the contractor's control. There is an irrebuttable presumption that a contractor knew or should have known of the requirements of Section 1777.5 if the contractor had previously been found to have violated that Section, or the contract and/or bid documents notified the contractor of the obligation to comply with Labor Code provisions applicable to public works projects, or the contractor had previously employed apprentices on a public works project.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Sections 1770, 1773, 1777.5 and 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Amendment of section heading, section and Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

§231.1. Investigations of Alleged Willful Violations. [Repealed]

Note • History

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Change without regulatory effect repealing section filed 12-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 50).

§231.2. Proceedings Before Hearing on Alleged Willful Violations. [Repealed]

Note • History

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Change without regulatory effect repealing section filed 12-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 50).

§231.3. Proceedings After Issuance of a Citation. [Repealed]

Note • History

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. Editorial correction of Authority and Reference cites (Register 95, No. 21).

§231.4. Proceedings Before Hearing on Alleged Willful Violations. [Repealed]

Note • History

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. Editorial correction of Authority and Reference cites and History 2 (Register 95, No. 21).

§232. Hearings on Alleged Violations. [Repealed]

Note • History

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Change without regulatory effect amending section heading, repealing subsections (b), (d) and (e) and relettering subsections filed 12-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 50).

5. Repealer filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

Subarticle 1. General

§232.01. Scope and Application of Rules.

Note • History

(a) These Rules govern proceedings for review of Determinations of civil penalty or debarment under Labor Code section 1777.5 and 1777.7. The provisions of Labor Code section 1777.7, applicable provisions of chapter 4.5 of title 2, division 3, part 1 (commencing at Government Code section 11425.10) of the Government Code and these Rules apply to all such Determinations served on a Contractor, Subcontractor, or Responsible Officer on or after the effective date of these Rules and provide the exclusive method for an Affected Contractor, Subcontractor, or Responsible Officer to obtain review of any such Determination.

(b) These Rules do not govern debarment proceedings under Labor Code section 1777.1, nor prevailing wage enforcement under Labor Code section 1742, nor any criminal prosecution.

(c) These Rules do not preclude any remedies otherwise authorized by law to remedy violations of Division 2, Part 7, Chapter 1 of the Labor Code. These Rules do preclude challenge by an Affected Contractor, Subcontractor, or Responsible Officer to determinations of violations of Labor Code section 1777.5 except as provided herein.

(d) For easier reference, individual sections within these prevailing wage hearing regulations are referred to as “Rules” using only their last two digits. For example, this Section 232.01 may be referred to as Rule 01.

NOTE

Authority cited: Section 11400.20, Government Code; and Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code; and Section 11400.10, Government Code.

HISTORY

1. New article 1 (sections 232.01-232.12) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 1 as subarticle 1 (Register 2004, No. 33).

§232.02. Definitions.

Note • History

For the purpose of these Rules:

(a) “Administrator” means the Administrator of Apprenticeship, who is the Director of the Department of Industrial Relations;

(b) “Affected Contractor, Subcontractor, or Responsible Officer” means a contractor or subcontractor (as defined under Labor Code section 1722.1) or Responsible Officer (as defined herein at subpart (p)) to whom the Chief DAS has issued a Determination of civil penalty or debarment pursuant to Labor Code section 1777.7. ;

(d) “Chief DAS” means the Chief of the Division of Apprenticeship Standards, who may act through his or her designee or the Division of Apprenticeship Standards;

(e) “DAS” means the Division of Apprenticeship Standards;

(f) “Debarment” means the denial of the right to bid on or be awarded or to perform work as a contractor or subcontractor on any public works contract, that has been issued by the Chief DAS under Labor Code section 1777.7;

(g) “Department” means the Department of Industrial Relations;

(h) “Determination” means a civil penalty or debarment issued by the Chief DAS or his or her designee pursuant to Labor Code section 1777.7;

(i) “Director” means the Director of the Department of Industrial Relations;

(j) “Division” means the Division of Apprenticeship Standards;

(k) “Hearing Officer” means any person appointed by the Director pursuant to Labor Code section 1777.7 to conduct hearings and other proceedings under Labor Code section 1777.7 and these Rules;

(l) “Joint Labor-Management Committee” means a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (section 175a of Title 29 of the United States Code);.

(m) “Party” means an Affected Contractor, Subcontractor, or Responsible Officer , the Chief, DAS and any other Person who has intervened under subparts (a), (b), or (c) of Rule 08 (Section 232.08).

(n) “Person” means an individual, partnership, limited liability company, corporation, governmental subdivision or unit of a governmental subdivision, or public or private organization or entity of any character;

(o) “Representative” means a person authorized by a Party to represent that Party in a proceeding before a Hearing Officer;

(p) “Responsible Officer” means a person responsible for exercising supervision and control of a contractor's or subcontractor's operations as is necessary to secure compliance with the public works -- including public works apprenticeship -- obligations of a public works contractor or subcontractor set forth in Chapter 1 of Part 7 of Division 2 of the Labor Code, commencing with Section 1720.

(q) “Rule” refers to a section within sections 232.01-232.70 The Rule number corresponds to the last two digits of the full section number. (For example, Rule 08 is section 232.08.)

(r) “Settlement Officer” means a Hearing Officer as defined in subpart (k) who conducts a settlement meeting under the provisions of Rule 21 (Section 232.21).

(s) “Surety” means a surety (as defined in Civil Code section 2787) that issues a bond for the performance of a public works job, but only where the Surety assumed the contract for performance of the public works job by an Affected Contractor, Subcontractor, or Responsible Officer, and where the Surety operated the job when the violations of Labor Code section 1777.5 occurred.

(t) “Working Day” means any day that is not a Saturday, Sunday, or State holiday, as determined with reference to Code of Civil Procedure sections 12(a) and 12(b) and Government Code sections 6700 and 6701.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11405.40, 11405.60, 11405.70 and 11405.80, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.03. Computation of Time and Extensions of Time to Respond or Act.

Note • History

(a) In computing the time within which a right may be exercised or an act is to be performed, the first day shall be excluded and the last day shall be included. If the last day is not a Working Day, the time shall be extended to the next Working Day.

(b) Unless otherwise indicated by proof of service, if the envelope was properly addressed, the mailing date shall be presumed to be: a postmark date imprinted on the envelope by the U.S. Postal Service if first-class postage was prepaid; or the date of delivery to a common carrier promising overnight delivery as shown on the carrier's receipt.

(c) Where service of any notice, decision, pleading or other document is by first class mail, and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed is extended five days if the place of address is within the State of California, and 10 days if the place of address is outside the State of California but within the United States. However, this Rule shall not extend the time within which the Administrator may reconsider or modify a decision to correct an error (other than a clerical error) under Labor Code section 1777.7(c)(4).

(d) Where service of any notice, pleading, or other document is made by an authorized method other than first class mailing, extensions of time to respond or act shall be calculated in the same manner as provided under section 1013 of the Code of Civil Procedure, unless a different requirement has been specified by the appointed Hearing Officer or by another provision of these Rules.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.04. Appointment of Hearing Officers; Delegation of Appointment Authority to Chief Counsel.

Note • History

(a) Upon receipt of a Request for Review of a Determination of civil penalty or debarment, the Administrator, acting through the Chief Counsel (see subpart (d) below), shall appoint an impartial Hearing Officer to conduct the review proceeding.

(b) The appointed Hearing Officer shall be an attorney employed by the Office of the Director -- Legal Unit. However, if no attorney employed by the Office of the Director -- Legal Unit is available or qualified to serve in a particular matter, the appointed Hearing Officer may be any attorney or administrative law judge employed by the Department, other than an employee of the Division of Apprenticeship Standards (“DAS”) or a person who has represented or advised the DAS on matters covered by Ch. 1 of Part 7 of Div. 2 of the Labor Code, commencing with Section 1720 within one year of the appointment, or who at any time has represented or advised the Affected Contractor, Subcontractor, or Responsible Officer regarding alleged violations of Ch. 1 of Part 7 of Div. 2 of the Labor Code, commencing with Section 1720.

(c) Any person appointed to serve as a Hearing Officer in any matter shall possess at least the minimum qualifications for service as an administrative law judge pursuant to Government Code section 11502(b) and shall be someone who is not precluded from serving under Government Code section 11425.30.

(d) The Administrator's authority under Labor Code section 1777.7(c) to appoint an impartial Hearing Officer is delegated in all cases to the Chief Counsel of the Office of the Director, or to the Chief Counsel's designated Assistant or Acting Chief Counsel when the Chief Counsel is unavailable or disqualified from participating in a particular matter. This delegation includes all related authority under Rule 40 [Section 232.40] below to appoint a different Hearing Officer to conduct all or any part of a review proceeding as well as the authority to consider and decide or to assign to another Hearing Officer for consideration and decision any motion to disqualify an appointed Hearing Officer.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11405.80, 11425.30 and 11425.40, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.05. Authority of Hearing Officers.

Note • History

(a) In any proceeding assigned for hearing and decision under the provisions of Labor Code section 1777.7, the appointed Hearing Officer shall have full power, jurisdiction and authority to hold a hearing and ascertain facts for the information of the Administrator, to hold a prehearing conference, to issue a subpoena and subpoena duces tecum for the attendance of a Person and the production of testimony, books, documents, or other things, to compel the attendance of a Person residing anywhere in the state, to certify official acts, to regulate the course of a hearing, to grant a withdrawal, disposition or amendment, to order a continuance, to approve a stipulation voluntarily entered into by the Parties, to administer oaths and affirmations, to rule on objections, privileges, defenses, and the receipt of relevant and material evidence, to call and examine a Party or witness and introduce into the hearing record documentary or other evidence, to request a Party at any time to state the respective position or supporting theory concerning any fact or issue in the proceeding, to extend the submittal date of any proceeding, to exercise such other and additional authority as is delegated to Hearing Officers under these Rules or by an express written delegation by the Administrator, and to prepare a recommended decision, including a notice of findings, findings, and an order for approval by the Administrator.

(b) There shall be no right of appeal to or review by the Administrator of any decision, order, act, or refusal to act by an appointed Hearing Officer other than through the Administrator's review of the record in issuing or reconsidering a written decision under Rules 60 [Section 232.60] and 61 [Section 232.61] below.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11405.80, 11450.05, 11450.10, 11450.20 and 11450.30, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.06. Access to Hearing Records.

Note • History

(a) Hearing case records shall be available for inspection and copying by the public to the same extent and subject to the same policies and procedures governing other records maintained by the Department. Hearing case records normally will be available for review in the office of the appointed Hearing Officer; provided however, that a case file may be temporarily unavailable when in use by the appointed Hearing Officer or by the Administrator or his or her designee.

(b) Nothing in this Rule shall authorize the disclosure of any record or exhibit that is required to be kept confidential or is otherwise exempt from disclosure by law or that has been ordered to be kept confidential by an appointed Hearing Officer.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 6253.4, Government Code. Reference: Section 1777.7, Labor Code; and Section 6253.4, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.07. Ex Parte Communications.

Note • History

(a) Except as provided in this Rule, once a Request for Review is filed, and while the proceeding is pending, there shall be no direct or indirect communication regarding any issue in the proceeding to the appointed Hearing Officer or the Administrator, from the Chief DAS or any other Party or other interested Person, without notice and the opportunity for all Parties to participate in the communication.

(b) A communication made on the record in the hearing is permissible.

(c) A communication concerning a matter of procedure or practice is presumed to be permissible unless the topic of the communication appears to the Hearing Officer to be controversial in the context of the specific case. If so, the Hearing Officer shall so inform the other participant and may terminate the communication or continue it until after giving all Parties notice and an opportunity to participate. Any written communication concerning a matter of procedure or practice, and any written response, or a written memorandum identifying the participants and stating the substance of any such oral communication or response, shall be added to the case file so that all Parties have a reasonable opportunity to review it. Unless otherwise provided by statute or these Rules, the appointed Hearing Officer may determine a matter of procedure or practice based upon a permissible ex-parte communication. The term “matters of procedure or practice” shall be liberally construed.

(d) A communication from the Chief DAS to the Hearing Officer or the Administrator which is deemed permissible under Government Code section 11430.30 is permitted only if any such written communication and any written response, or a written memorandum identifying the participants and stating the substance of any such oral communication or response, is added to the case file so that all Parties have a reasonable opportunity to review it.

(e) If the Hearing Officer or the Administrator receives a communication in violation of this Rule, he or she shall comply with the requirements of Government Code section 11430.50.

(f) To the extent not inconsistent with Labor Code section 1777.7, the provisions of Article 7 of Chapter 4.5 of Title 2, Division 3, Part 1 (commencing with section 11430.10) of the Government Code governing ex parte communications in administrative adjudication proceedings shall apply to review proceedings conducted under these Rules.

(g) This Rule shall not be construed as prohibiting communications between the Administrator and the Chief DAS or between the Administrator and any other interested Person on issues or policies of general interest that coincide with issues involved in a pending review proceeding; provided that (1) the communication does not directly or indirectly seek to influence the outcome of any pending proceeding; (2) the communication does not directly or indirectly identify or otherwise refer to any pending proceeding; and (3) the communication does not occur at a time when the Director or the other party to the communication knows that a proceeding in which the other party to the communication is interested is under active consideration by the Administrator.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11430.10, 11430.20, 11430.30, 11430.40, 11430.50, 11430.60, 11430.70 and 11430.80, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.08. Intervention and Participation by other Interested Persons.

Note • History

(a) A bonding company and any Surety on a bond that secures the performance of the job covered by the Determination shall be permitted to intervene as a matter of right in any pending review filed by the Affected Contractor, Subcontractor, or Responsible Officer from the Determination in question; provided that, intervention is sought at or before the first prehearing conference held pursuant to Rule 31 [Section 232.31] below and within either 15 days after the bonding company or Surety was served with a copy of the Determination, or 15 days after the filing of the request for review, whichever is later. Thereafter, any request to intervene by such a bonding company or Surety shall be treated as a motion for permissive participation under subpart (c) of this Rule. A bonding company or Surety shall have the burden of proof with respect to any claim that it did not receive notice of the Determination until after the filing of the Request for Review.

(b) The employee(s), labor union, or Joint Labor-Management Committee, or apprenticeship program (joint or unilateral) who filed the formal complaint which led the Chief DAS to issue the Determination of civil penalty or debarment shall be permitted to intervene in a pending review filed by the Affected Contractor, Subcontractor, or Responsible Officer from the Determination of civil penalty or debarment in question; provided that, intervention is sought at or before the first prehearing conference held pursuant to Rule 31 [Section 232.31] below and there is no good cause to deny the request. Thereafter, any request to intervene by such employee(s), labor union, or Joint Labor-Management Committee or apprenticeship program shall be treated as a motion for permissive participation as an interested Person under subpart (d) of this Rule.

(c) Any other Person may move to participate as an interested Person in a proceeding in which that Person claims a substantial interest in the issues or underlying controversy and in which that Person's participation is likely to assist and not hinder or protract the hearing and determination of the case by the Hearing Officer and the Administrator. Interested Persons who are permitted to participate under this Rule shall not be regarded as Parties to the proceeding for any purpose, but may be provided notices and the opportunity to present arguments under such terms as the Hearing Officer deems appropriate.

(d) Rights to intervene or participate as an interested Person are only in accordance with this Rule. Intervention or permissive participation under this Rule shall not expand the scope of issues under review nor shall it extend any rights or interests which have been forfeited as a result of an Affected Contractor, Subcontractor, or Responsible Officer's own failure to file a timely Request for Review. The Hearing Officer may impose conditions on an intervenor's or other interested Person's participation in the proceeding, including but not limited to those conditions specified in Government Code §11440.50(c).

(e) No Person shall be required to seek intervention in a review proceeding as a condition for pursuing any other remedy available to that Person for the enforcement of the public works apprenticeship requirements of section 1777.5 of the Labor Code.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.09. Representation at Hearing.

Note • History

(a) A Party may appear in person or through an authorized Representative, who need not be an attorney at law; however, a Party shall use the Director's Authorization For Representation By Non-Attorney form, revised 1/15/02, to authorize representation by any non-attorney who is not an owner, officer, or managing agent of that Party.

(b) Upon formal notification that a Party is being represented by a particular individual or firm, service of subsequent notices in the matter shall be made on the Representative, either in addition to or instead of the Party, unless and until such authorization is terminated or withdrawn by further written notice. Service upon an authorized Representative shall be effective for all purposes and shall control the determination of any notice period or the running of any time limit for the performance of any acts, regardless of whether or when such notice may also have been served directly on the represented Party.

(c) An authorized Representative shall be deemed to control all matters respecting the interests of the represented Party in the proceedings.

(d) Parties and their Representatives shall have a continuing duty to keep the appointed Hearing Officer and all other Parties to the proceeding informed of their current address and telephone number.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.10. Proper Method of Service.

Note • History

(a) Unless a particular method of service is specifically prescribed by statute or these Rules, service may be made by: (1) personal delivery; (2) priority or first class mailing postage prepaid through the U. S. Postal Service; (3) any other means authorized under Code of Civil Procedure section 1013; or (4) pursuant to Government Code section 11440.20(b), by facsimile or other electronic means.

(b) Service is complete at the time of personal delivery or mailing, or at the time of transmission as determined under Rule 11 [Section 232.11] below.

(c) Proof of service shall be filed with the document and may be made by: (1) affidavit or declaration of service; (2) written statement endorsed upon the document served and signed by the party making the statement; or (3) copy of letter of transmittal.

(d) Service on a Party who has appeared through an attorney or other Representative shall be made upon such attorney or Representative.

(e) In each proceeding, the Hearing Officer shall maintain an official address record which shall contain the names and addresses of all Parties and their Representatives, agents, or attorneys of record. Any change or substitution in such information must be communicated promptly in writing to the Hearing Officer. The official address record may also include the names and addresses of interested Persons who have been permitted to participate under Rule 08(d) [Section 232.08].

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11440.20, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.11. Filing and Service of Documents by Facsimile or Other Electronic Means.

Note • History

(a) In individual cases the Hearing Officer pursuant to Government Code section 11440.20(b) may authorize the filing and service of documents by facsimile or by other electronic means, subject to reasonable restrictions on the time of transmission and the page length of any document or group of documents that may be transmitted by facsimile or other electronic means, and subject to any further requirements on the use of cover sheets or the subsequent filing and service of originals or hard copies of documents as the Hearing Officer deems appropriate. Filing and service by facsimile or other electronic means shall not be authorized under terms that substantially disadvantage any Party appearing or participating in the proceeding as a matter of right. A document transmitted by facsimile or other electronic means shall not be considered received until the next Working Day following transmission unless it is transmitted on a Working Day and the entire transmission is completed by no later than 4:00 p.m. Pacific Time.

(b) Filings and service by facsimile or other electronic means shall not be authorized or accepted as a substitute for another method of service that is required by statute or these Rules, unless the Party served has expressly waived its right to be served in the required manner.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11440.20, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.12. Administrative Adjudication Bill of Rights.

Note • History

(a) The provisions of the Administrative Adjudication Bill of Rights found in Article 6 of Chapter 4.5 of Title 2, Division 3, Part 1 (commencing with section 11425.10) of the Government Code shall apply to these review proceedings to the extent not inconsistent with a state or federal statute, a federal regulation, or a court decision which applies specifically to the Department. The enumeration of certain rights in these Rules may expand but shall not be construed as limiting the same or similar provision of the Administrative Adjudication Bill of Rights; nor shall the enumeration of certain rights in these Rules be construed as negating other statutory rights not stated.

(b) Ex parte communications between the appointed Hearing Officer and the Administrator shall be in accordance with Government Code section 11430.80(b).

(c) The presentation or submission of any written communication by a Party or other interested Person during the course of a review proceeding shall be governed by the requirements of Government Code §11440.60 (b) and (c).

(d) Unless otherwise indicated by express reference within the body of one of these Rules, the provisions of Chapter 5 of Title 2, Division 3, Part 1 (commencing with section 11500) of the Government Code shall not apply to these review proceedings.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11415.20, 11425.10 and 11430.80(b), Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

Subarticle 2. Determinations and Request for Review

§232.20. Service and Contents of Determinations.

Note • History

(a) A Determination of civil penalty or debarment shall be served on the contractor, subcontractor, and responsible officer, if applicable, by first class and certified mail pursuant to the requirements of Code of Civil Procedure section 1013. A copy of the notice shall also be served by certified mail on any bonding company issuing a bond that secures the performance of the job covered by the Determination and to any Surety on the bond if its identities of such companies are known or reasonably ascertainable. The identity of any Surety issuing a bond for the benefit of an Awarding body as designated obligee shall be deemed ”known or reasonably ascertainable,” and the Surety shall be deemed to have received the notice required under this subpart if sent to the address appearing on the face of the bond.

(b) A Determination of civil penalty or debarment shall be in writing and shall include the following information:

(1) a description of the nature of the violation and basis for the Determination; and

(2) the amount of penalties due, including a specification of amounts to be withheld from available contract payments, and any period of debarment.

(1) the name and address of the office of the Administrator to whom a Request for Review must be sent, as well as the name and address of the office of the Chief DAS on whom a copy of the Request for Review must be served;

(2) information on the procedures for obtaining review of the Determination;

(3) notice of the opportunity to request a settlement meeting under Rule 21 [Section 232.21] below; and

(4) the following statement which shall appear in bold or another type face that makes it stand out from the other text:

Failure by a contractor, subcontractor, or responsible officer to submit a timely Request for Review will result in a final order which shall be binding on the contractor, subcontractor, or responsible officer. Labor Code section 1777.7(c)(1).

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11440.20 and 11425.50, Government Code.

HISTORY

1. New article 2 (sections 232.20-232.29) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 2 as subarticle 2 (Register 2004, No. 33).

§232.21. Opportunity for Early Settlement.

Note • History

(a) Any Party may request a meeting with the Chief DAS for the purpose of attempting to settle the dispute regarding the Determination.

(b) A settlement meeting may be conducted subject only to the agreement of the Parties, including agreement to any particular Hearing Officer to act as the Settlement Officer, and agreement to waive any right to disqualify the Office of the Director -- Legal Unit from representing the Director or any division of the Department other than DAS in the event any part of the dispute goes to court. The settlement meeting may be held in person or by telephone.

(d) Neither the making or pendency of a request for a settlement meeting, nor the fact that the Parties have met or have failed or refused to meet as authorized by this Rule shall serve to extend the time for filing a Request for Review under Rule 22 [Section 232.22] below.

(e) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, such a settlement meeting shall be admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, such a settlement meeting, other than a final settlement agreement, shall be admissible or subject to discovery in any administrative or civil proceeding. Where a separate Settlement Officer has conducted the settlement meeting, all communications by and between the parties and the Settlement Officer are completely confidential, and not to be shared by the parties or by the Settlement Officer with the Hearing Officer, other attorneys working in the Office of the Director -- Legal Unit, or clients of the Office of the Director -- Legal Unit.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11415.60, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.22. Filing of Request for Review.

Note • History

(a) Any Request for Review of a Determination of civil penalty or debarment shall be transmitted in writing to the office of the Administrator within 30 days after service of the Determination. Failure to request review within 30 days shall result in the Determination becoming final and not subject to further review under these Rules.

(b) A Request for Review shall be transmitted to the office of the Administrator at the following address:

DEPARTMENT OF INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR -- LEGAL UNIT
ATTENTION: LEAD HEARING OFFICER
P.O. BOX 420603
SAN FRANCISCO, CA 94142-0603

(c) A Request for Review shall be deemed filed on the date of mailing, as determined by the U.S. Postal Service postmark date on the envelope or the overnight carrier's receipt in accordance with Rule 03(b) [Section 232.03(b)] above, or on the date of receipt by the designated office of the Administrator, whichever is earlier.

(d) A copy of the Request for Review must be served on the Chief DAS, at the address as designated on the Determination from which review is sought.

(e) A Request for Review either shall clearly identify the Determination from which review is sought, including the date of the Determination, or it shall include a copy of the Determination as an attachment. A Request for Review shall also set forth the basis upon which the Determination is being contested. A Request for Review shall be liberally construed in favor of its sufficiency; however, the Hearing Officer may require the Party seeking review to provide a further specification of the issues or claims being contested and a specification of the basis for contesting those matters.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.23. Transmittal of Request for Review to Department.

Note • History

Within ten (10) days followings its receipt of a Request for Review, the Chief DAS shall transmit to the Office of the Director -- Legal Unit, the Request for Review and copies of the Determination of civil penalty or debarment at the following address.

DEPARTMENT OF INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR -- LEGAL UNIT
ATTENTION: LEAD HEARING OFFICER
P.O. BOX 420603
SAN FRANCISCO, CA 94142-0603

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.24. Disclosure of Evidence.

Note • History

(a) Within ten (10) days following its receipt of a Request for Review, the Chief DAS shall also notify the Affected Contractor, Subcontractor, or Responsible Officer, if applicable, of its opportunity and the procedures for reviewing evidence to be utilized by the Chief DAS at the hearing on the Request for Review.

(b) The Chief DAS shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the Affected Contractor, Subcontractor, or Responsible Officer the option, at the Affected Contractor's, Subcontractor's, or Responsible Officer's own expense, to either (A) obtain copies of all such evidence through a commercial copying service or (B) inspect and copy such evidence at the office of the Chief DAS during normal business hours; or if (2) the Chief DAS at its own expense forwards copies of all such evidence to the Affected Contractor, Subcontractor, or Responsible Officer.

(c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Chief DAS intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Chief DAS to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a).

(d) The Chief DAS shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the Affected Contractor, Subcontractor, or Responsible Officer. The Chief DAS's failure to make evidence available for review as required by Labor Code section 1777.7(c) and this Rule, shall preclude the Chief DAS from introducing such evidence in proceedings before the Hearing Officer or the Administrator.

(e) This Rule shall not preclude the Chief DAS from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the Affected Contractor, Subcontractor, or Responsible Officer. This Rule also shall not preclude the Chief DAS from presenting previously undisclosed evidence to rebut new or collateral claims raised by another Party in the proceeding.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.25. Withdrawal of Request for Review; Reinstatement.

Note • History

(a) An Affected Contractor, Subcontractor, or Responsible Officer may withdraw a Request for Review by written notification at any time before a decision is issued or by oral motion on the hearing record. The Hearing Officer may grant such withdrawal by letter, order or decision served on the Parties.

(b) For good cause, a Request for Review so dismissed may be reinstated by the Hearing Officer or the Administrator upon a showing that the withdrawal resulted from misinformation given by the Chief DAS or otherwise from fraud or coercion. A motion for reinstatement must be filed within 60 days of service of the letter, order or decision granting withdrawal of the Request for Review or, in the event of fraud which could not have been suspected or discovered with the exercise of reasonable diligence, within 60 days of discovery of such fraud. The motion shall be accompanied by a declaration containing a statement that any facts therein are based upon the personal knowledge of the declarant.

(c) Notwithstanding any application or showing made under subpart (b) of this Rule, neither the Hearing Officer nor the Administrator may reinstate any Request for Review where the underlying Determination has become final and entered as a court judgment.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.26. Dismissal or Amendment of Determinations.

Note • History

(a) Upon motion to the appointed Hearing Officer, the Chief DAS may dismiss or amend a Determination as follows:

(1) A Determination may be dismissed or amended to eliminate or reduce a charge of violation from serious and knowing to knowing, an amount of monetary penalty, or a period of debarment that is not warranted under the facts and circumstances of the case, or that has been satisfied, or to conform to an order of the Hearing Officer or the Administrator.

(2) For good cause, a Determination may be amended to revise or increase a charge from knowing to serious and knowing, an amount of monetary penalty, or a period of debarment based upon a recomputation or the discovery of new evidence subsequent to the issuance of the original Assessment or Notice.

(b) The Hearing Officer shall grant any motion to dismiss or amend a Determination downward under subparts (a)(1) absent a showing that such dismissal or amendment will result in the forfeiture of substantial substantive rights of another Party to the proceeding. The Hearing Officer may grant a motion to amend a Determination upward under subpart (a)(2) under such terms as are just, including where appropriate the extension of an additional opportunity for early settlement under Rule 21 [Section 232.21]. Unless the Hearing Officer determines otherwise, an amended Determination shall be deemed fully controverted without need for filing an additional or amended Request for Review.

(c) The Administrator may, upon the record on review of the Determination and without amendment, increase or decrease the penalty -- whether civil penalty or debarment -- based upon consideration of the factors listed in Labor Code section 1777.7(f).

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.27. Early Disposition of Untimely Assessment, Withholding, or Request for Review.

Note • History

(a) Upon the application of any Party or upon his or her own motion, the appointed Hearing Officer may issue an Order to Show Cause why a Determination or a Request for Review should not be dismissed as untimely under the relevant statute.

(b) An Order to Show Cause issued under subpart (a) of this Rule shall be served on all Parties who have appeared or been served with any prior notice in the matter and shall provide the Parties with at least 10 days to respond in writing to the Order to Show Cause and an additional 5 days following the service of such responses to reply to any submission by any other Party. Evidence submitted in support or opposition to an Order to Show Cause shall be by affidavit or declaration under penalty of perjury. There shall be no oral hearing on an Order to Show Cause issued under this Rule unless requested by a Party or by the Hearing Officer.

(c) After the time for submitting responses and replies to the Order to Show Cause has passed or after the oral hearing, if any, the Hearing Officer may do one of the following: (1) recommend that the Administrator issue a decision setting aside the Determination or dismissing the Request for Review as untimely under the statute; (2) find the Determination or Request for Review timely and direct that the matter proceed to hearing on the merits; or (3) reserve the timeliness issue for further consideration and determination in connection with the hearing on the merits.

(d) A decision by the Administrator which sets aside a Determination or which dismisses a Request for Review as untimely shall be subject to reconsideration and to judicial review in the same manner as any other Final Order or Decision of the Administrator. A determination by the Hearing Officer that the Determination or Request for Review was timely or that the timeliness issue should be reserved for further consideration and determination in connection with the hearing on the merits shall not be subject to appeal or review except as part of any reconsideration or appeal from the Decision of the Administrator made after the hearing on the merits.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11440.20, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.28. Finality of Determinations When No Timely Request for Review is Filed; Authority of Awarding Body to Disburse Withheld Funds.

Note • History

(a) Upon the failure of an Affected Contractor, Subcontractor or Responsible Officer to file a timely Request for Review under Labor Code section 1777.7(c) and Rule 22 [Section 232.22] above, the Determination of civil penalty or debarment shall become a “final order” as to the Affected Contractor, Subcontractor, or Responsible Officer that the Chief DAS may certify and file with the superior court in accordance with Labor Code section 1777.7(c)(6).

(b) Where a Determination of civil penalty or debarment has become final as to at least one but not as to every Affected Contractor, Subcontractor, or Responsible Officer, the Awarding Body shall continue to withhold and retain the amounts required to satisfy any penalties at stake in a review proceeding initiated by any other Affected Contractor, Subcontractor, or Responsible Officer until there is a final order in that proceeding that is no longer subject to judicial review.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.29. [Reserved].

Subarticle 3. Prehearing Procedures

§232.30. Scheduling of Hearing; Continuances and Tolling.

Note • History

(a) The appointed Hearing Officer shall establish the place and time of the hearing on the merits, giving due consideration to the needs of all Parties and the statutory time limits for hearing and deciding the matter. Parties are encouraged to communicate scheduling needs to the Hearing Officer and all other Parties at the earliest opportunity. It shall not be a violation of Rule 07 [Section 232.07]'s prohibition on ex parte communications for the Hearing Officer or his or her designee to communicate with Parties individually for purposes of clearing dates and times and proposing locations for the hearing. The Hearing Officer may also conduct a prehearing conference by telephone or any other expeditious means for purposes of establishing the time and place of the hearing.

(b) Once a hearing date is set, a request for a continuance that is not joined in by all other Parties or that is for more than 30 days will not be granted absent a showing of extraordinary circumstances, giving due regard to the potential prejudice to other Parties in the case and other Persons affected by the matter under review. Absent an enforceable waiver (see subpart (d) below), no continuance will be granted nor any proceeding otherwise delayed if doing so is likely to prevent the Hearing Officer from commencing the hearing on the matter within the statutory time limit.

(c) A request for a continuance that is for 30 days or less and is joined by all Parties shall be granted upon a showing of good cause. Notwithstanding subpart (b) above, a unilateral request for a continuance made by the Party who filed the Request for Review shall be granted upon a showing of good cause if the new date for commencing the hearing is no more than 120 days after the date of service of the Determination of civil penalty or debarment

(d) If a Party makes or joins in any request that would delay or otherwise extend the time for hearing or deciding a review proceeding beyond any prescribed time limit, such request shall also be deemed a waiver by that Party of that time limit.

(e) The time limits for hearing and deciding a review proceeding shall also be deemed tolled (1) when proceedings are suspended to seek judicial enforcement of a subpoena or other order to compel the attendance, testimony, or production of evidence by a necessary witness; (2) when the proceedings are stayed or enjoined by any court order; (3) between the time that a proceeding is dismissed and then ordered reinstated under Rule 25 [Section 232.25] above; (4) upon the order of a court reinstating or requiring rehearing of the merits of a proceeding; or (5) during the pendency of any other cause beyond the Administrator's direct control (including but not limited to natural disasters, temporary unavailability of a suitable hearing facility, or absence of budget authority) that prevents the Administrator or any appointed Hearing Officer from carrying out his or her responsibilities under these Rules.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New article 3 (sections 232.30-232.37) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 3 as subarticle 3 (Register 2004, No. 33).

§232.31. Prehearing Conference.

Note • History

(a) Upon the application of any Party or upon his or her own motion, the appointed Hearing Officer may conduct a prehearing conference for any purpose that may expedite or assist the preparation of the matter for hearing or the disposition of the Request for Review. The prehearing conference may be conducted by telephone or other means that is convenient to the Hearing Officer and the Parties.

(b) The Hearing Officer shall provide reasonable advance notice of any prehearing conference conducted pursuant to this Rule. The Notice shall advise the Parties of the matters which the Hearing Officer intends to cover in the prehearing conference, but the failure of the Notice to enumerate some matter shall not preclude its discussion or consideration at the conference. The Notice shall advise the Parties that failure to appear at the prehearing conference may subject the Parties to default, pursuant to Rule 46 [Section 232.46].

(c) With or without a prehearing conference, the Hearing Officer may issue such procedural Orders as are appropriate for the submission of evidence or briefs and conduct of the hearing, consistent with the substantial rights of the affected Parties.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.32. Consolidation and Severance.

Note • History

(a) The Hearing Officer may consolidate for hearing and decision any number of proceedings where the facts and circumstances are similar and consolidation will result in conservation of time and expense. Where the Hearing Officer proposes to consolidate proceedings on his or her own motion, the Parties shall be given reasonable notice and an opportunity to object before consolidation is ordered.

(b) The Hearing Officer may sever consolidated proceedings for good cause.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.33. Prehearing Motions; Cut Off Date.

Note • History

(a) Any motion made in advance of the hearing on the merits, any opposition thereto, and any further reply shall be in writing and directed to the appointed Hearing Officer. No particular format shall be required; however, the following information shall appear prominently on the first page: (1) the case name (i.e., names of the Parties); (2) any assigned case number; (3) the name of the Hearing Officer to whom the paper is being submitted; (4) the identity of the Party submitting the paper; (5) the nature of the relief sought; and (6) the scheduled date, if any, for the hearing on the merits of the Request for Review. The motion shall also include a Proof of Service, as defined in Rule 10 [Section 232.10] above, showing that copies have been served on all other Parties to the proceeding.

(b) Prehearing motions shall be served and filed no later than 20 days prior to the hearing on the merits of the Request for Review. Any opposition shall be served and filed no later than 10 days after service of the motion or at least 7 days prior to the hearing on the merits, whichever is earlier. The Hearing Officer may in his or her discretion decide the motion in writing in advance of the hearing on the merits or reserve the matter for further consideration and determination at the hearing on the merits.

(c) There shall be no right to a separate oral hearing on any prehearing motion, except in those instances in which an oral hearing has been specially requested by a Party or the Hearing Officer and in which the enforcement or forfeiture of a fundamental right is at stake. When the Hearing Officer determines that such an oral hearing is necessary or appropriate, it may be conducted by telephone or other manner that is convenient to the Parties.

(d) With the exception of timeliness challenges under Rule 27 [Section 232.27], prehearing motions which seek to dispose of a Request for Review or any related claim or defense are disfavored and ordinarily will not be considered prior to the hearing on the merits.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.34. Evidence by Affidavit or Declaration.

Note • History

(a) At any time 20 or more days prior to commencement of a hearing, a Party may serve upon all other Parties a copy of any affidavit or declaration which the proponent proposes to introduce in evidence, together with a notice as provided in subpart (b). Unless another Party, within 10 days after service of such notice, delivers to the proponent a request to cross-examine the affiant or declarant, the right to cross-examine such affiant or declarant is waived and the affidavit or declaration, if introduced in evidence, shall be given the same effect as if the affiant or declarant had testified in person. If an opportunity to cross-examine an affiant or declarant is not afforded after request therefor is made as herein provided, the affidavit or declaration may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.

(b) The notice referred to in subpart (a) shall be substantially in the following form with the appropriate information inserted in the places enclosed by brackets:

“The accompanying affidavit or declaration of [name of affiant or declarant] will be introduced as evidence at the hearing in [title and other information identifying the proceeding]. [Name of affiant or declarant] will not be called to testify orally, and you will not be entitled to question the affiant or declarant unless you notify [name of the proponent, Representative, agent or attorney] at [address] that you wish to cross-examine the affiant or declarant. Your request must be mailed or delivered to [name of proponent, Representative, agent or attorney] on or before [specify date at least 10 days after anticipated date of service of this notice on the other Parties].”

(c) If a timely request is made to cross-examine an affiant or declarant under this Rule, the burden of producing that witness at the hearing shall be upon the proponent of the witness. If the proponent fails to produce the witness, the affidavit or declaration may be introduced in evidence, but shall be given only the same effect as other hearsay evidence under Rule 232.44.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.35. Subpoena and Subpoena Duces Tecum.

Note • History

(a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for the production of documents at any reasonable time and place or at a hearing.

(b) Subpoenas and subpoenas duces tecum shall be issued by the Hearing Officer at the request of a Party, or by the attorney of record for a Party, in accordance with sections 1985 to 1985.6, inclusive, of the Code of Civil Procedure. The burden of serving a subpoena that has been issued by the Hearing Officer shall be upon the Party who requested the subpoena.

(c) Service of subpoenas and subpoenas duces tecum, objections thereto, and mileage and witness fees shall be governed by the provisions of Government Code sections 11450.20 through 11450.40.

(d) Subpoenas and subpoenas duces tecum shall be enforceable through the Contempt and Monetary Sanctions provision set forth in Rule 47 [Section 232.47] below. A Party aggrieved by the failure or refusal of any witness to obey a subpoena or subpoena duces tecum shall have the burden of showing to the satisfaction of the Hearing Officer that the subpoena or subpoena duces tecum was properly issued and served and that the testimony or evidence sought was necessary to prove or disprove a significant claim or defense in the proceeding.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11450.05, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.36. Written Notice to Party in Lieu of Subpoena.

Note • History

(a) In the case of the production of a Party of record in the proceeding or of a Person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend, with the time and place of the hearing, is served on the attorney of the Party or Person. For purposes of this Rule, a Party of record in the proceeding or Person for whose benefit a proceeding is prosecuted or defended includes an officer, director, or managing agent of any such Party or Person.

(b) Service of written notice to attend under this Rule shall be made in the same manner and subject to the same conditions provided in section 1987 of the Code of Civil Procedure for service of written notice to attend in a civil action or proceeding.

(c) The Hearing Officer shall have authority under Rule 47 [Section 232.47] below to sanction a Party who fails or refuses to comply with a written notice to attend that meets the requirements of this Rule and has been timely served in accordance with section 1987 of the Code of Civil Procedure. However, the Hearing Officer may not initiate contempt proceedings against the witness for failing to appear based solely on non-compliance with a written notice to attend served on the Party's attorney. A Party seeking sanctions for another Party's failure or refusal to comply with a written notice to attend shall have the burden of showing to the satisfaction of the Hearing Officer that the written notice to attend was properly issued and timely served and that the testimony or evidence sought was necessary to prove or disprove a significant claim or defense in the proceeding.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11450.50, 11455.10, 11455.20 and 11455.30, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.37. Depositions and Other Discovery.

Note • History

(a) There shall be no right to take oral depositions or obtain any other form of discovery that is not expressly authorized under these Rules.

(b) Oral depositions may be conducted only by stipulation of all Parties to the proceedings or by order of the appointed Hearing Officer upon a showing of substantial good cause. Oral depositions will be permitted only for purposes of obtaining the testimony of witnesses who are likely to be unavailable to testify at the hearing.

(c) Nothing in this Rule shall preclude the use of deposition testimony or other evidence obtained in separate proceedings, if such evidence is otherwise relevant and admissible.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11450.30, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

Subarticle 4. Hearings

§232.40. Notice of Appointment of Hearing Officer; Objections.

Note • History

(a) Notice of the Appointment of a Hearing Officer under Rule 04 [Section 232.04] above shall be provided to the Parties as soon as practicable and no later than when the matter is noticed for a prehearing conference or hearing.

(b) The Administrator or Chief Counsel under Rule 04 [Section 232.04] may appoint a different Hearing Officer to conduct and hear the review or to conduct and dispose of any preliminary or procedural matter in a given case.

(c) A Party wishing to object to the appointment of a particular Hearing Officer, including for any one or more of the grounds specified in sections 11425.30 and 11425.40 of the Government Code or section 1777.7 of the Labor Code, shall within 10 days after receiving notice of the appointment and no later than the start of any hearing on the merits, whichever is earlier, file a motion to disqualify the appointed Hearing Officer together with a supporting affidavit or declaration. The motion shall be filed with the Chief Counsel of the Office of the Director at the address indicated in Rule 23 [Section 232.23] above. Notwithstanding the foregoing time limits, if a Party subsequently discovers facts constituting grounds for the disqualification of the Hearing Officer, including but not limited to that the Hearing Officer has received a prohibited ex parte communication in the pending case, the motion shall be filed as soon as practicable after the facts constituting grounds for disqualification are discovered.

(d) Upon receipt of a motion to disqualify the Hearing Officer, the Administrator may: (1) consider and decide the motion or appoint another Hearing Officer to consider and decide the motion, in which case the challenged Hearing Officer shall first be given an opportunity to respond to the motion, but no proceedings shall be conducted by the challenged Hearing Officer until the motion is determined; or (2) appoint another Hearing Officer to hear the Request for Review, in which case the motion shall be deemed moot.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11425.30 and 11425.40, Government Code.

HISTORY

1. New article 4 (sections 232.40-232.53) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 4 as subarticle 4 (Register 2004, No. 33).

§232.41. Time and Place of Hearing.

Note • History

(a) A hearing on the merits of a timely Request for Review shall be commenced within 90 days after the date it is received by the office of the Administrator. The hearing shall be conducted at a suitable location within the county where the appointed Hearing Officer maintains his or her regular office, unless the hearing is moved to a different county in accordance with subpart (b) below.

(b) Upon the agreement of the Parties or upon a showing of good cause by either the Party who filed the Request for Review or the Chief DAS, the hearing shall be conducted at a suitable location within either (1) the county where a majority of the subject public works employment was performed, or (2) any other county that is proximate to or convenient for the Parties and necessary witnesses.

(c) A suitable location under this section means one that is open and accessible to members of the public and which includes appropriate facilities for the recording of testimony. Any facility that is regularly used by any state agency or by the Awarding Body for public hearings and that will reasonably accommodate the anticipated number of Parties and witnesses involved in the proceeding, is presumed suitable in the absence of a contrary showing. Parties seeking to change the location of a hearing under subpart (b) shall make reasonable efforts to identify, agree upon, and arrange for the availability of a suitable location within a county specified in subpart (b)(1) or (b)(2).

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11425.20, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.42. Open Hearing; Confidential Evidence and Proceedings; and Exclusion of Witnesses.

Note • History

(a) Subject to the qualifications set forth below, the hearing shall be open to the public. If all or part of the hearing is conducted by telephone, television, or other electronic means, the Hearing Officer shall conduct the hearing from a location where members of the public may be physically present, and members of the public shall also have a reasonable right of access to the hearing record and any transcript of the proceedings.

(b) Notwithstanding the provisions of subpart (a), the Hearing Officer may order closure of a hearing or make other protective orders to the extent necessary to: (1) preserve the confidentiality of information that is privileged, confidential, or otherwise protected by law; (2) ensure a fair hearing in the circumstances of the particular case; or (3) protect a minor witness or a witness with a developmental disability from intimidation or other harm, taking into account the rights of all persons.

(c) Upon motion of any Party or upon his or her own motion, the Hearing Officer may exclude from the hearing room any witnesses not at the time under examination. However, a Party to the proceeding and the Party's Representative shall not be excluded.

(d) This section does not apply to any prehearing or settlement conference.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11425.20, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.43. Conduct of Hearing.

Note • History

(a) Testimony shall be taken only on oath or affirmation under penalty of perjury.

(b) Every Party shall have the right to call and examine witnesses; to introduce exhibits; to question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which Party first called the witness to testify; and to rebut any opposing evidence. A Party may be called by an opposing Party and examined as if under cross-examination, whether or not the Party called has testified or intends to testify on his or her own behalf.

(d) The Hearing Officer shall control the taking of evidence and other course of proceedings in a hearing and shall exercise that control in a manner best suited to ascertain the facts and safeguard the rights of the Parties. Prior to taking evidence, the Hearing Officer shall define the issues and explain the order in which evidence will be presented; provided that, for good cause the Hearing Officer later may vary the order of presentation as circumstances warrant.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.44. Evidence Rules; Hearsay.

Note • History

(a) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.

(b) The rules of privilege shall be recognized to the same extent and applied in the same manner as in the courts of this state.

(c) The Hearing Officer may exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

(d) Hearsay evidence is admissible but shall not be sufficient in itself to support a finding unless it either would be admissible over objection in a civil action or no Party raises an objection to such use. Unless previously waived, an objection or argument that evidence is insufficient in itself to support a finding because of its hearsay character shall be timely if presented at any time before submission of the case for decision.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.45. Official Notice.

Note • History

(a) A Hearing Officer may take official notice of (1) the Director's General Prevailing Wage Determinations, the Director's Precedential Coverage Decisions, precedential decisions of the Administrator, and wage data, studies, and reports issued by the Division of Labor Statistics and Research; (2) any other generally accepted technical fact within the fields of labor and employment that are regulated by the Director under Divisions 1, 2, and 3 of the Labor Code; and (3) any fact which either must or may be judicially noticed by the courts of this state under Evidence Code sections 451 and 452.

(b) The Parties participating in a hearing shall be informed of those matters as to which official notice is proposed to be taken and given a reasonable opportunity to show why and the extent to which official notice should or should not be taken.

(c) The Hearing Officer or the Director shall state in a decision, order, or on the record the matters as to which official notice has been taken.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.46. Failure to Appear; Relief from Default.

Note • History

(a) Upon the failure of any Party to appear at a duly noticed hearing, the Hearing Officer may enter a default for failure to appear, or proceed in that Party's absence and may recommend whatever decision is warranted by the available evidence, including any lawful inferences that can be drawn from an absence of proof by the non-appearing Party.

(b) For good cause and under such terms as are just, the appointed Hearing Officer or the Director may relieve a Party from the effects of any failure to appear and order that a review proceeding be reinstated or reheard. A Party seeking relief from non-appearance shall file a written motion at the earliest opportunity and no later than 10 days following a proceeding of which the Party had actual notice. Such application shall be supported by an affidavit or declaration based on the personal knowledge of the declarant, and copies of the application and any supporting materials shall be served on all other Parties to the proceeding. No application shall be granted unless and until the other Parties have been afforded a reasonable opportunity to make a showing in opposition. An Order reinstating a proceeding or granting a rehearing under this section may be conditioned upon providing reimbursement to the Department and the other Parties for the costs associated with the prior non-appearance.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.47. Contempt and Monetary Sanctions.

Note • History

(a) If any Person in proceedings before a Hearing Officer disobeys or resists any lawful order or refuses, without substantial justification, to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceedings, or violates the prohibition against ex parte communications under Rule 07 [Section 232.07] above, the Hearing Officer may do any one or more of the following: (1) certify the facts to the Superior Court in and for the county where the proceedings are held for contempt proceedings pursuant to Government Code section 11455.20; (2) exclude the Person from the hearing room; (3) prohibit the Person from testifying or introducing certain matters in evidence; and/or (4) establish certain facts, claims, or defenses if the Person in contempt is a Party.

(b) Either the Hearing Officer by separate order or the Administrator in his or her decision may order a Party, the Party's authorized Representative, or both, to pay reasonable expenses, including attorney's fees, incurred by another Party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay as defined in section 128.5 of the Code of Civil Procedure. Such order or the denial of such an order shall be subject to judicial review in the same manner as a decision of the Administrator on the merits. The order shall be enforceable in the same manner as a money judgment or by the contempt sanction.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11455.10, 11455.20 and 11455.30, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.48. Interpreters.

Note • History

(a) Proceedings shall be conducted in the English language. The notice advising a Party of the hearing date shall also include notice of the Party's right to request an interpreter for a Party or witness who cannot speak or understand English, or who can do so only with difficulty, or who is deaf or hearing impaired as defined under Evidence Code section 754.

(b) A request for an interpreter for a Party or witness shall be submitted as soon as possible after the requesting Party becomes aware of the need for an interpreter and prior to the commencement of the hearing. The request should include information that (1) will enable the Hearing Officer and Department to obtain an interpreter with appropriate skills; and (2) will assist the Hearing Officer in determining whether the Department or the requesting Party should pay for the cost of the interpreter.

(c) Upon receipt of a timely request, the Hearing Officer shall direct the Department to provide an interpreter and shall also decide whether the Department or the requesting Party shall pay the cost of the interpreter, based upon an equitable consideration of all the circumstances, including the requesting Party's ability to pay.

(d) A person is qualified to serve as an interpreter if he or she (1) is on the current State Personnel Board List of Certified Administrative Hearing Interpreters maintained pursuant to Government Code section 11435.25; and (2) has also been examined and determined by the Department to be sufficiently knowledgeable of the terminology and procedures generally used in these proceedings.

(e) In the event that a qualified interpreter under subpart (d) is unavailable or if there are no certified interpreters for the language in which assistance is needed, the Hearing Officer may qualify and appoint another interpreter to serve as needed in a single hearing or case.

(f) Before appointment of an interpreter, the Hearing Officer or a Party may conduct a brief supplemental examination of the prospective interpreter to see if that person has the qualifications necessary to serve as an interpreter, including whether he or she understands terms and procedures generally used in these proceedings, can explain those terms and procedures in English and the other language being used, and can interpret those terms and procedures into the other language. An interpreter shall not have had any prior substantive involvement in the matter under review, and shall disclose to the Hearing Officer and the Parties any actual conflict of interest or appearance of conflict. Any condition that interferes with the objectivity of an interpreter constitutes a conflict of interest. A conflict may exist if an interpreter is an employee of, acquainted with, or related to a Party or witness to the proceeding, or if an interpreter has an interest in the outcome of the proceeding.

(g) The Hearing Officer shall disqualify an interpreter if the interpreter cannot understand and interpret the terms and procedures used in the hearing or prehearing conference, has disclosed privileged or confidential communications, or has engaged in conduct which, in the judgment of the Hearing Officer, creates an appearance of bias, prejudice, or partiality.

(h) Nothing in this section limits any further rights extended by Evidence Code section 754 to a Party or witness who is deaf or hard of hearing.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.49. Hearing Record; Recording of Testimony and other Proceedings.

Note • History

(a) The Hearing Officer and the Administrator shall maintain an official record of all proceedings conducted under these Rules. In the absence of a determination under subpart (b) below, all testimony and other proceedings at any hearing shall be recorded by audiotape. However, no recording by audiotape or otherwise shall be required of a duly noticed hearing at which none of the Parties appear. Recorded testimony or other proceedings need not be transcribed unless requested for purposes of further court review of a decision or order in the same case.

(b) Upon the application of any Party or upon his or her own motion, the Hearing Officer may authorize the use of a certified court reporter, videotape, or other appropriate means to record the testimony and other proceedings. Any application by a Party under this subpart shall be made at a prehearing conference or by prehearing motion filed no later than 10 days prior to the scheduled date of hearing. Upon the granting of any such application, it shall be the responsibility of the Party or Parties who made the application to procure and pay for the services of a qualified person and any additional equipment needed to record the testimony and proceedings by the requested means. Ordinarily the granting of such application will be conditioned on the applicant's paying for certified copies of the transcript for the official record and for the other Parties. The failure of a requesting Party to comply with this requirement shall not be cause for delaying the hearing on the merits, but instead shall result in the proceedings being tape recorded in accordance with subpart (a).

(c) The Parties may, at their own expense, arrange for the recording of testimony and other proceedings through a different means other than the one authorized by the Hearing Officer, provided that it does not in any way interfere with the Hearing Officer's control and conduct of the proceedings, and further provided that, it shall not be regarded as an official record for any purpose absent a stipulation by all of the Parties or order of the Hearing Officer.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.50. Burdens of Proof on Wages and Penalties.

Note • History

(a) The Chief DAS has the burden of coming forward with evidence that the Affected Contractor, Subcontractor, or Responsible Officer (1) was served with a Determination of civil penalty or debarment in accordance with Rule 20 [Section 232.20]; (2) was provided a reasonable opportunity to review evidence to be utilized at the hearing in accordance with Rule 24 [Section 232.24]; (3) that such evidence provides prima facie support for the Determination of civil penalty or debarment; (4) where the civil penalty is set above zero, that the Chief DAS has considered all of the circumstances listed in Labor Code section 1777.7(f); (5) where debarment is sought, that the violation is serious, and that the Chief DAS has considered all of the circumstances listed in Labor Code section 1777.7(f); and, (6) where a Determination has issued against a prime contractor for the violations of a subcontractor, that the evidence provides prima facie support to show knowledge of the prime contractor or failure by the prime contractor to comply with requirements as listed under Labor Code section 1777.7(d).

(b) If the Chief DAS meets its initial burden under subpart (a), the Affected Contractor, Subcontractor, or Responsible Officer has the burden of producing evidence to disprove a knowing violation of Labor Code section 1777.5, to disprove the circumstances relied on by the Chief DAS under Labor Code section 1777.7(f), and to disprove knowledge of the prime contractor or failure ot the prime contractor to comply with the requirements as listed under Labor Code section 1777.7(d).

(c) All burdens of proof and burdens of producing evidence shall be construed in a manner consistent with relevant sections of the Evidence Code, and the quantum of proof required to establish the existence or non-existence of any fact shall be by a preponderance of the evidence, unless a higher standard is prescribed by law.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.51. [Reserved].

§232.52. Oral Argument and Briefs.

Note • History

(a) Parties may submit prehearing briefs of reasonable length under such conditions as the appointed Hearing Officer shall prescribe. Parties shall also be permitted to present a closing oral argument of reasonable length at or following the conclusion of the hearing.

(b) There shall be no automatic right to file a post-hearing brief. However, the Hearing Officer may permit the Parties to submit written post-hearing briefs, under such terms as are just. The Hearing Officer shall have discretion to determine, among other things, the length and format of such briefs and whether they will be filed simultaneously or on a staggered (opening, response, and reply) basis.

(c) In addition to or as an alternative to post-hearing briefs, the Hearing Officer may also prepare proposed findings or a tentative decision or may designate a Party to prepare proposed findings and thereafter give the Parties a reasonable opportunity to present arguments in support of or opposition to any proposed findings or tentative decision prior to the issuance of a decision by the Director under Rule 60 [Section 232.60] below.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.53. Conclusion of Hearing; Time for Decision.

Note • History

(a) The hearing shall be deemed concluded and the matter submitted either upon the completion of all testimony and post-hearing arguments or upon the expiration of the last day for filing any post-hearing brief or other authorized submission, whichever is later. Thereafter, the Administrator shall have 45 days within which to issue a written decision affirming, modifying, or dismissing the Determination of civil penalty or debarment.

(b) For good cause, the Hearing Officer may vacate the submission and reopen the hearing for the purpose of receiving additional evidence or argument, in which case the time for the Administrator to issue a written decision shall run from the date of resubmission.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

Subarticle 5. Decision of the Administrator

§232.60. Decision.

Note • History

(a) The appointed Hearing Officer shall prepare a recommended decision for the Administrator's review and approval. The decision shall contain a statement of the factual and legal basis for the decision, consistent with the requirements of Labor Code section 1777.7 and Government Code section 11425.50.

(b) A recommended decision shall have no status or effect unless and until approved by the Administrator and issued in accordance with subpart (c) below.

(c) A copy of the decision shall be served by first class mail on all Parties in accordance with the requirements of Code of Civil Procedure section 1013. If a Party has appeared through an authorized Representative, service shall be made on that Party at the last known address on file with the Chief DAS in addition to service on the authorized Representative.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Section 11425.50, Government Code.

HISTORY

1. New article 5 (sections 232.60-232.64) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 5 as subarticle 5 (Register 2004, No. 33).

§232.61. Reconsideration.

Note • History

(a) Upon the application of any Party or upon his or her own motion, the Administrator may reconsider or modify a decision issued under Rule 60 [Section 232.60] above for the purpose of correcting any error therein.

(b) The decision must be reconsidered or modified within 15 days after its date of issuance pursuant to Rule 60(c) [Section 232.60(c)]. Thereafter, the decision may not be reconsidered or modified, except that a clerical error may be corrected at any time.

(c) The modified or reconsidered decision shall be served on the Parties in the same manner as a decision issued under Rule 60 [Section 232.60].

(d) A Party is not required to apply for reconsideration before seeking judicial review of a decision of the Administrator. An application for reconsideration made by any Party shall not extend the time for seeking judicial review pursuant to Labor Code section 1777.7(c)(5) unless the Administrator issues a modified or reconsidered decision within the 15-day time limit prescribed in subpart (b) of this section.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.62. Final Decision; Time for Seeking Review.

Note • History

(a) The decision of the Administrator issued pursuant to Section Rule 60 [Section 232.60] above shall be the final decision of the Director from which any Party may seek judicial review pursuant to the provisions of Labor Code section 1777.7(c)(6) and Code of Civil Procedure section 1094.5; provided however, that if the Administrator has issued a modified decision pursuant to and within the 15-day limit of the Administrator's reconsideration authority under Section Rule 61 [Section 232.61] above and Labor Code section 1777.7(c)(6), the right of review and time for seeking such review shall extend from the date of service of the modified decision rather than from the original decision.

(b) The modification of a decision to correct a clerical error after expiration of the 15-day time limit on the Administrator's reconsideration authority shall not extend the time for seeking judicial review.

(c) The time for seeking judicial review shall be determined from the date of service of the decision of the Administrator under Code of Civil Procedure section 1013, including any applicable extension of time provided in that statute.

(d) Any petition seeking judicial review of a decision under these Rules may be served (1) upon the Administrator by serving the Office of the Director -- Legal Unit where the appointed Hearing Officer who conducted the hearing on the merits regularly maintains his or her office; and (2) upon the Chief DAS by the serving the regular office of the attorney who represented the Chief DAS at the hearing on the merits. The intent of this subpart is to authorize and designate a preferred method for giving the Administrator and the Chief DAS formal notice of a court action seeking review of a decision of the Administrator under these Rules; it does not preclude the use any other service method authorized by law.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.63. Preparation of Record for Review.

Note • History

(a) Upon notice that a Party intends to seek judicial review of a decision of the Administrator and the payment of any required deposit, the Department, under the direction of the Hearing Officer, shall immediately prepare a hearing record consisting of all exhibits and other papers and a transcript of all testimony which the Party has designated for the inclusion in the record on review.

(b) The Party who has requested the record or any part thereof shall bear the cost of its preparation, including but not necessarily limited to any court reporter transcription fees and reasonable charges for the copying, binding, certification, and mailing of documents. Absent good cause, no record will be released to a Party or filed with a court until adequate funds to cover the cost of preparing the record have been paid by the requesting Party to the Department or to any third party designated to prepare the record. However, upon notice that a Party seeking judicial review has been granted in forma pauperis status under California Rule of Court 985, the Department shall bear the cost of preparing and filing the record where necessary for a proper review of the proceedings.

(c) The pendency of any request for the Department to prepare a hearing record shall not extend the time limits for filing a petition for review under Labor Code section 1777.7(c)(5) and Code of Civil Procedure section 1094.5.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

§232.64. Request for Participation by Administrator in Judicial Review Proceeding.

Note • History

Although the Administrator should be named as the Respondent in any action seeking judicial review of a final decision, the Administrator ordinarily will rely upon the Parties to the hearing (as Petitioner and Real Party in Interest) to litigate the correctness of the final decision in the writ proceeding and on any appeal. The Administrator may participate actively in proceedings raising issues that specifically concern the Administrator's authority under the statutes and regulations governing the payment of prevailing wages on public work contracts, or the validity of related laws, regulations, or the Director's decisions as to public works coverage or generally applicable prevailing wage rates, or the Administrator's precedential decisions under Labor Code section 1777.7(g). Any Party may request the Administrator to file a response in the action by including a separate written request with any court pleading being served on the Administrator in accordance with Rule 62(d) [Section 232.62(d)]. Any such separate written request should specify briefly what issues are raised by the petition that extend beyond the facts of the case and warrant the Administrator's participation.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

Subarticle 6. Limitations Period

§232.70. Limitations Period for Determinations.

Note • History

(a) A determination for violation of Labor Code section 1777.5 shall be issued and served on the Affected Parties no later than three years after date of accrual.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

1. New article 6 (sections 232.70) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 6 as subarticle 6 (Register 2004, No. 33).

§233. Appeals to the California Apprenticeship Council from Willful Hearings.

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3082 and 3083, Labor Code.

HISTORY

3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Change without regulatory effect repealing section filed 12-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 50).

§234. Determination of Willful Noncompliance.

Note • History

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Change without regulatory effect repealing section filed 12-15-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 50).

§234.1. Penalties Imposed Under Labor Code Section 1777.7.

Note • History

If a contractor is found to have violated Labor Code Section 1777.5 in connection with more than one public works contract, penalties shall be imposed separately and consecutively for each violation.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

§234.2. Administrative Procedures Are Not the Exclusive Remedy For Violations.

Note • History

The procedures in this Article are not intended to supersede, supplant, replace or limit any other means of enforcing the laws and regulations herein that may exist. The public agencies and political subdivisions administering them--the Chief, the Administrator and Council--or interested private parties, may initiate court proceedings where authorized under statutes in an appropriate case without recourse to (or during) administrative proceedings described under this Article. See, e.g., Labor Code Section 3084.5; Bus. & Prof. Code Section 17200, et seq. The initiation of administrative proceedings against a subcontractor shall not abrogate any responsibility attributed to any other contractor by statute.

NOTE

Authority cited: Section 1777.7, Labor Code. Reference: Section 3084.5, Labor Code; and Section 17200, et seq., Business and Professions Code.

HISTORY

2. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date (Register 91, No. 47).

3. New section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Amendment filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

Article 11. Joint Regulations Regarding Excess Costs for Related and Supplemental Instruction of Apprentices

§235. Scope.

Note • History

Provisions of this Article apply only to those classes designed to provide related and supplemental instruction for apprentices and offered by local education agencies as authorized under Section 3074 of the California Labor Code.

The provisions of this article apply only in the event that there is a joint agreement between a local education agency and an apprenticeship program sponsor that excess costs incurred by the local education agency in connection with the program sponsored by the apprenticeship program sponsor shall be payable by the apprenticeship program sponsor. These regulations do not mandate such joint agreement. Once such joint agreement is reached, it shall be provided for as set forth in this article.

NOTE

Authority cited: Section 3074, Labor Code. Reference: Section 3074, Labor Code.

HISTORY

1. New Article 11 (Sections 235-241) filed 7-8-76; effective thirtieth day thereafter (Register 76, No. 28).

2. Amendment filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).

§236. Definitions.

Note • History

For the purpose of this article the following definitions apply:

(a) LEA (Local Education Agency) means any public education agency authorized by law to provide related and supplemental instruction for apprentices.

(b) Apprenticeship Program Sponsor means a joint apprenticeship committee, a unilateral apprenticeship committee or a party to a unilateral apprenticeship program where there is no apprenticeship committee established to administer apprenticeship in the occupation, area and industry. In any case the program sponsor must have approved written standards on file with the Division of Apprenticeship Standards.

(c) Joint Agreement means a written agreement between an LEA and an apprenticeship program sponsor(s) which stipulates the method of calculating the excess costs in accordance with this article and provides for the method of payment of such excess costs, if any, to said LEA by the apprenticeship program sponsor(s).

(d) Revenue earned means all revenue received by the LEA, as provided by law, for the hours of teaching time devoted to each apprentice enrolled in and attending classes of related and supplemental instruction conducted by the LEA.

(e) Excess costs means all allowable costs of the LEA for conducting related and supplemental instruction classes that exceed revenue earned by the LEA from the attendance of apprentices in related and supplemental instruction classes or programs.

(f) Attendance of apprentices means each hour of teaching time for each apprentice enrolled in and attending classes of related and supplemental instruction in accordance with Section 3074 of the Labor Code as reported on forms approved by the Superintendent of Public Instruction or the Chancellor.

NOTE

Authority cited: Section 3074, Labor Code. Reference: Section 3074, Labor Code; and Sections 8152 and 8153, Education Code.

HISTORY

1. Amendment filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).

§237. General Terms and Conditions.

Note • History

Pursuant to this article:

(a) Revenue earned and resulting costs of apprenticeship classes will be based on the attendance of apprentices only.

(b) Any joint agreement shall be completed prior to the beginning of course instruction and shall be reviewed annually, or as mutually agreed upon. Sponsors will be responsible only for those excess costs, if any, generated by their particular apprentices.

NOTE

Authority cited: Section 3074, Labor Code. Reference: Section 3074, Labor Code; and Sections 8152 and 8153, Education Code.

HISTORY

1. Amendment filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).

§238. Calculation of Costs.

Note • History

The costs of each apprenticeship program conducted by an LEA pursuant to a joint agreement is to be calculated separately.

(a) The allowable costs of an apprenticeship program will consist of the following as jointly agreed upon:

(1) Direct Costs. Identifiable expenses incurred to conduct the apprenticeship program in the classroom or at its location including instructional salaries and benefits, books and supplies, equipment replacement, contracted services, and capital outlay.

Where the expense is not exclusively for the apprenticeship program, only the prorated portion applicable to the apprenticeship program may be charged.

(2) Direct Support Charges. Identifiable expenses incurred in a support program directly benefitting the apprenticeship program.

Where the expense is not exclusively for the apprenticeship program, only the prorated portion applicable to the apprenticeship program may be charged.

The determination as to what items of direct support are applicable and the method or basis of charging to the apprenticeship program shall be mutually agreed upon and made a part of the joint agreement between the apprenticeship program sponsor(s) and the LEA.

(3) Indirect Support Charges. Identifiable expenses incurred for routine services not performed as a special service for a particular apprenticeship program but supportive of all programs conducted by the LEA.

Where the expense is not exclusively for the apprenticeship program, only the prorated portion applicable to the apprenticeship program may be charged.

The determination as to what items of noninstructional support are applicable and the method or basis of charging indirect support to the apprenticeship program shall be mutually agreed upon and made a part of the joint agreement between the apprenticeship program sponsor(s) and the LEA.

NOTE

Authority cited: Section 3074, Labor Code. Reference: Section 3074, Labor Code.

HISTORY

1. Repealer of former Section 238 and renumbering and amendment of former Section 239 to Section 238 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).

§239. Determining Excess Costs.

Note • History

If the costs of an apprenticeship program are greater than the revenue earned, the excess revenue earned from any other apprenticeship program(s) conducted by the LEA must be allocated on a pro rata basis to reduce the excess costs of the remaining program(s). Any excess costs remaining after allocation of any excess revenue earned can be claimed for payment from the apprenticeship program sponsor(s) pursuant to Section 240. If, after allocation of any excess revenue earned, no excess costs remain, no payment is required.

NOTE

Authority cited: Section 3074, Labor Code. Reference: Section 3074, Labor Code.

HISTORY

1. Renumbering of former Section 239 to Section 238, and renumbering and amendment of former Section 240 to Section 239 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).

§240. Payment.

Note • History

Upon the close of the school year or at other such time as may be specified in the joint agreement, all excess costs incurred by the LEA shall be verified to the apprenticeship program sponsor(s) and shall be payable by the apprenticeship program sponsor(s) directly to the LEA in accordance with the joint agreement between such sponsor(s) and the LEA.

All LEA's providing related and supplemental instruction for apprentices that have executed a joint agreement with an apprenticeship program sponsor(s) shall submit a copy of the agreement and report any excess costs payments received to the Chancellor of the California Community Colleges or Superintendent of Public Instruction, as appropriate, and to the Division of Apprenticeship Standards on forms provided.

NOTE

Authority cited: Section 3074, Labor Code. Reference: Section 3074, Labor Code.

HISTORY

1. Renumbering of former Section 240 to Section 239, and renumbering and amendment of former Section 241 to Section 240 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).

§241. Payment.

Note • History

NOTE

Authority cited: Section 3074, Labor Code. Reference: Section 3074, Labor Code.

HISTORY

1. Renumbering and amendment of Section 241 to Section 240 filed 5-31-85; effective thirtieth day thereafter (Register 85, No. 22).

Article 12. Apprenticeship Program Fees

§242. Scope.

Note • History

NOTE

Authority cited: Sections 54, 55 and 1777.8, Labor Code. Reference: Sections 1777.8, 3073 and 3077, Labor Code.

HISTORY

1. New section filed 11-20-90 as an emergency; operative 11- 20-90 (Register 91, No. 1). A Certificate of Compliance must be transmitted to OAL by 3-20-91 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of law (Register 91, No. 21).

3. New section filed 4-24-91; operative 4-24-91 (Register 91, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-22-91 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 4-24-91 order transmitted to OAL 6-11-91; disapproved by OAL and order of repeal as to 4- 24-91 order issued on 7-11-91 (Register 91, No. 45).

5. New section refiled 7-11-91 as an emergency; operative 7- 11-91 (Register 91, No. 45). A Certificate of Compliance must be transmitted to OAL by 11-8-91 or emergency language will be repealed by operation of law on the following day.

6. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).

§242.1. Definitions.

Note • History

NOTE

Authority cited: Sections 54, 55 and 1777.8, Labor Code. Reference: Sections 1777.8, 3070, 3073, 3075 and 3077, Labor Code.

HISTORY

2. Repealed by operation of law (Register 91, No. 21).

4. Certificate of Compliance as to 4-24-91 order transmitted to OAL 6-11-91; disapproved by OAL and order of repeal as to 4- 24-91 order issued on 7-11-91 (Register 91, No. 45).

6. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).

§242.2. Assessment Fee Determination and Collection.

Note • History

NOTE

Authority cited: Sections 54, 55, and 1777.8, Labor Code. Reference: Section 1777.8, Labor Code.

HISTORY

2. Repealed by operation of law (Register 91, No. 21).

4. Certificate of Compliance as to 4-24-91 order transmitted to OAL 6-11-91; disapproved by OAL and order of repeal as to 4- 24-91 order issued on 7-11-91 (Register 91, No. 45).

6. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).

§242.3. Program Sponsor Registration Fee.

Note • History

NOTE

Authority cited: Sections 54, 55 and 1777.8, Labor Code. Reference: Sections 1777.5 and 1777.8, Labor Code.

HISTORY

2. Repealed by operation of law (Register 91, No. 21).

4. Certificate of Compliance as to 4-24-91 order transmitted to OAL 6-11-91; disapproved by OAL and order of repeal as to 4- 24-91 order issued on 7-11-91 (Register 91, No. 45).

6. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).

§242.4. Collection of Excess Fees.

Note • History

NOTE

Authority cited: Sections 54, 55 and 1777.8, Labor Code. Reference: Section 1777.8, Labor Code.

HISTORY

1. New section filed 11-20-90 as an emergency; operative 11- 30-90 (Register 91, No. 1). A Certificate of Compliance must be transmitted to OAL by 3-20-91 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of law (Register 91, No. 21).

4. Certificate of Compliance as to 4-24-91 order transmitted to OAL 6-11-91; disapproved by OAL and order of repeal as to 4- 24-91 order issued on 7-11-91 (Register 91, No. 45).

6. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).

§242.5. Non-Payment of Fees.

Note • History

NOTE

Authority cited: Sections 54, 55 and 1777.8, Labor Code. Reference: Section 1777.8, Labor Code.

HISTORY

2. Repealed by operation of law (Register 91, No. 21).

4. Certificate of Compliance as to 4-24-91 order transmitted to OAL 6-11-91; disapproved by OAL and order of repeal as to 4- 24-91 order issued on 7-11-91 (Register 91, No. 45).

6. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).

§242.6. Revised Assessment.

Note • History

NOTE

Authority cited: Sections 54, 55 and 1777.8, Labor Code. Reference: Section 1777.8, Labor Code.

HISTORY

2. Repealed by operation of law (Register 91, No. 21).

4. Certificate of Compliance as to 4-24-91 order transmitted to OAL 6-11-91; disapproved by OAL and order of repeal as to 4- 24-91 order issued on 7-11-91 (Register 91, No. 45).

6. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).

Subchapter 2. Other On-the-Job Training

Article A-1. General Provisions

§250. Authority.

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.

HISTORY

1. Repealer of Article A-1 (Section 250) filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Article 1. Declaration of Policy and Purpose

§251. Declaration of Policy.

Note • History

A bona fide state training program is defined as one that is approved by the Division of Apprenticeship Standards as being consistent with Labor Code Sections 3090 and 3093 and the applicable provisions of this Code.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Order of Repeal of subsections of (f) and (g) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).

3. Renumbering of former article 1 to article 4, renumbering of former section 251 to section 262, renumbering of former article 2 to new article 1 and renumbering of former section 254 to new section 251 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§252. Definitions.

Note • History

(a) “Competent evidence” as used in Section 259 is a transcript or abstract of the records required to be maintained pursuant to Section 255(b)(5), or an attestation by the training program sponsor stating that all training has been fully completed, on forms to be furnished by the Division of Apprenticeship Standards, demonstrating that the training program has been fully completed, certified by the training program sponsor, and endorsed by a representative of the Division of Apprenticeship Standards.

(b) “Training program sponsor” is a joint training committee, a unilateral training committee or the party to a unilateral training program where there is no training committee established or any combination thereof, and may include a school to career partnership.

(c) A “Training Committee” means those persons designated by the sponsor to act for it in the administration of the program.

(d) The term “trainee” means a person at least 16 years of age who has entered into a written agreement called a “trainee agreement” in accordance with Section 3093 of the Labor Code.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.

HISTORY

1. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Renumbering of former section 252 to section 263 and renumbering and amendment of former section 255 to new section 252 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§253. Operation of Training Programs.

Note • History

The administration and operation of training programs shall be supervised by a training committee or single employer, which shall approve trainee agreements, adjust disputes and perform such other functions and duties as are agreed to in the training standards. A training program is not restricted to a local area of coverage and may provide for local, regional or statewide coverage in its standards.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Section 3090, Labor Code.

HISTORY

1. Amendment of subsection (a)(1) filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).

2. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

3. Renumbering of former section 253 to section 264 and renumbering of former section 268 to new section 253, including amendment of section heading and section, filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

Article 2. Training Standards

§254. Training Programs.

Note • History

(a) Bona fide state training programs for other than apprenticeable occupations may be established through the adoption of written training standards by the interested parties, approved by the Division of Apprenticeship Standards.

(b) Application for approval shall be rejected when it is found to be inconsistent, incompatible or in conflict with apprenticeship policies or programs.

(1) The program is for an occupation other than an apprenticeable occupation and is either for workers entering the labor market for the first time or for workers entering new occupations by reason of having been displaced from former occupations by economic, industrial, technological or scientific changes or developments;

(2) Such program is in accord with and agreed to by the parties to any applicable collective bargaining agreement and, where appropriate will include joint employer-employee cooperation;

(3) The training plan, content and duration of the program are adequate to qualify the trainee for the job for which the trainee is to be trained;

(4) There is reasonable assurance that the job for which the trainee is to be trained will be available at the end of the training period;

(5) The job for which the trainee is to be trained is a recognized occupation;

(6) The job for which the trainee is to be trained is one to which appointment is based upon skills and knowledge and not on such factors as length of service;

(7) The job for which the trainee is to be trained customarily requires a period of on-the-job training of not less than three months;

(8) Provision is made in the training standards for (i) vestibule or other pre-job training, if any, or (ii) related and supplemental instruction, if any, either full time before employment or part time combined with the on-the-job training. Related and supplemental classroom instruction, where appropriate, is the responsibility of and will be administered by state and local school boards responsible for vocational education;

(9) There are adequate facilities, equipment, and personnel in the training establishment to provide satisfactory training;

(10) Appropriate credit is given each trainee for previous training and work experience, if any, and wages and, the applicable training period are adjusted accordingly; and

(11) Provision is made for trainees to be selected, employed and trained under fair and impartial procedures without discrimination.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3090, Labor Code.

HISTORY

1. Amendment of subsection (j) filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

4. Renumbering of former article 2 to article 1, renumbering of former section 254 to section 251, renumbering of former article 4 to new article 2 and renumbering and amendment of former section 261 to new section 254 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§255. Content of Training Standards.

Note • History

Training programs shall be established by written training standards agreed to by interested employers, employer associations and, if any, by an interested labor union where applicable, and approved by the Division of Apprenticeship Standards, if consistent with these regulations.

Training standards may be approved by the Division of Apprenticeship Standards provided they contain the following:

(a) A statement of the:

(1) occupation(s);

(2) party or parties to whom the standards apply and the geographic area;

(3) definition and duties of the trainee;

(b) Provisions for:

(1) establishment of a training committee, if applicable;

(2) administration of the standards;

(3) establishment of rules and regulations governing the program;

(4) determining the qualifications of employers if other than single employer program;

(5) a system to record trainee progress;

(6) graduated minimum wage schedule to be paid during the term of training;

(7) discipline of trainees, including a description of provisions for fair hearings, if any. Disciplinary measures may include provision for the suspension of a trainee from the training program for a fixed period not to exceed sixty (60) days;

(8) termination or recommendation of cancellation of trainee agreements;

(9) recommending issuance of a State Certificate of Training;

(10) revision of standards;

(11) training and education of the trainee in first aid, safe working practices and in the recognition of occupational health and safety hazards;

(12) a selection procedure;

(13) approval of the standards, and any revision of the standards, by the Division of Apprenticeship Standards.

(d) Any apprenticeship committee provided for in this California Code of Regulations may serve as an apprenticeship and training committee to cover both apprenticeship and training programs.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Section 3090, Labor Code.

HISTORY

1. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Renumbering of former section 255 to section 252 and renumbering and amendment of former section 262 to new section 255 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§256. Wages.

Note • History

Training standards and trainee agreements shall contain graduated wage schedules to be paid trainees that provide for reasonable uniform progressive wage increases during the term of training, except where other schedules are provided in applicable collective bargaining agreements, provided that in no case shall a training program be approved with a beginning wage which is lower than the minimum wages fixed by any federal or state law or regulation.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3090, Labor Code.

HISTORY

1. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

2. Renumbering of former section 258 to new section 256, including amendment of section heading and section, filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§257. Overtime Provision.

Note • History

Overtime shall not interfere with or impair the training and shall not be detrimental to the health and safety of trainees.

NOTE

Authority cited: Sections 3071 and 3093, Labor Code. Reference: Sections 3071 and 3093, Labor Code.

HISTORY

1. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

2. Renumbering of former section 259 to new section 257 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§258. Working Conditions.

Note • History

Trainees shall work under and with competent workers skilled in the occupation for which they are being trained and shall be assigned to working and learning tasks so that they master the on-the-job training provided for in the training standards.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3090 and 3093, Labor Code.

HISTORY

1. Amendment filed 11-5-75 ; effective thirtieth day thereafter (Register 75, No. 45).

2. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

3. Repealer of article 3 heading, renumbering of former section 258 to section 256 and renumbering and amendment of former section 260 to new section 258 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§259. State Certificates of Training.

Note • History

(a) A “Certificate of Training” attesting to the completion of training will be issued under the authority of the California Apprenticeship Council by the Division of Apprenticeship Standards upon request and upon receipt of such competent evidence as may be required by the California Apprenticeship Council.

(b) The certificate shall signify completion of training under standards and trainee agreements approved under State Law and these regulations.

(c) Completion of the entire training program by the trainee shall be attested to by the training program sponsor. The training program sponsor will attest to the related and supplemental instruction after consulting with the appropriate school authorities regarding the completion of the educational requirements of related and supplemental subjects.

(d) The certificate is in recognition of completion of training. The certificate may be granted to a trainee only when the trainee:

(1) in addition to credit for previous on-the-job training and related school instruction, which is of an approved nature, shall have completed not less than an additional twelve and one-half (12 1/2) percent of the total training program but not less than a three months as a trainee under these regulations; and

(2) demonstrated to the satisfaction of the training program sponsor mastery of the skills and knowledge of the prescribed program.

(e) The training program sponsor in recognition of unusual ability and progress in mastering the skills of the occupations and the related and supplemental education program may decrease the training period for individual trainees by not more than twelve and one-half (12 1/2) percent.

(f) Credit toward the training for work experience prior to the training may be given by the training program sponsor after verification and/or examination. Credit for partial completion of the education requirements for related and supplemental instruction may be given by the training program sponsor after consultation with the appropriate school authorities concerning the mastery of the related instruction ordinarily required of the trainees.

(g) In instances where school classes are not available or where attendance will result in an undue hardship on the trainee, the training program sponsor, after consultation with the appropriate school officials, may make arrangements for acceptance of educational experiences such as home study or correspondence courses as fulfilling the relate and supplemental educational requirement.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3093, Labor Code.

HISTORY

1. New NOTE filed 9-27-82; effective thirtieth day thereafter (Register 10, No. 40).

2. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

3. Renumbering of former section 259 to section 257 and renumbering of former section 272 to new section 259, including amendment of section heading and section, filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

Article 3. Selection Procedures

§260. Compliance.

Note • History

Selection procedures must be in writing, approved by the training program sponsors, and

(a) Each training program sponsor shall:

(1) file a written copy of its selection procedures with the Chief DAS, which shall:

(A) be signed by the secretary and/or chair of the training committee; or

(B) be signed by the party to a unilateral training program where there is no training committee established; and

(2) provide each applicant making application with a copy of its selection procedure in summary form;

(3) have available for the study and/or perusal of any applicant, at the place(s) applications are accepted, a copy of its complete selection procedure which is on file with the Chief DAS.

(b) The employer, when authorized by the training committee to select the trainee, will have agreed in writing to abide by the standards and selection procedures.

(c) Exemption from this Article may be granted by the Chief DAS for good cause. Requests for exemption from Article 5, or any part thereof, of this code shall be made in writing to the Chief DAS and shall contain a statement of reasons supporting the request.

NOTE

Authority cited: Sections 3071 and 3090, Labor Code. Reference: Sections 3071 and 3091, Labor Code.

HISTORY

1. New NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

3. Renumbering of former section 260 to section 258, renumbering of former article 5 to new article 3, and renumbering and amendment of former section 265 to new section 260 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§261. Content of Selection Procedures.

Note • History

Selection procedures shall include such provisions as may be necessary to afford all applicants full and fair opportunity to apply for training and shall be without discrimination on the basis of sex, race, color, religion, ancestry, national origin, disability, sexual orientation, age, political affiliation or creed.

(a) They shall include the following:

(1) Required procedure for making written application.

(2) Procedure for handling applications, that is, the method of dating and recording applications and the acceptance and rejection of applicants and how the applicants are notified of their acceptance or rejection.

(3) Required minimum age limitations, if any.

(4) Required formal education, if any, or equivalency if permitted.

(5) Required physical examination, if any.

(6) Procedure for the scheduling of tests and oral interviews, if any.

(7) Required tests, if any, and by whom they are administered.

(8) Where applicable, the relative weight given for tests and oral interviews in the overall evaluation of the applicants.

(9) Procedure for acceptance, rejection and referral of applicants to job openings and how the applicants are so notified.

(10) Procedure for testing, rating and placing applicants with previous experience in a higher wage bracket (training period).

(b) Selection procedures shall not include the following:

(1) Numerical rating of applicants based on their educational experience in excess of minimum educational requirements.

(2) Test designed to determine the skill and knowledge of the occupation itself.

(3) A requirement for a driver's license as a condition of accepting or processing an application.

(4) A requirement of residency as a condition of accepting or processing an application.

NOTE

Authority cited: Sections 3071 and 3090, Labor Code. Reference: Section 3071, Labor Code.

HISTORY

1. Amendment of subsection (a)(1) filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).

2. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

3. Renumbering of former article 4 to article 2, renumbering of former section 261 to section 254, and renumbering and amendment of former section 266 to new section 261 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

Article 4. Procedures for Investigating, Holding Hearings and Determining Disputes

§262. Filing of Complaints.

History

(a) Any interested person may file a complaint with the Administrator of Apprenticeship or the Administrator of Apprenticeship upon his/her own initiative may issue a complaint, when there is cause to believe that a decision, order or action of a training program sponsor (as defined in Section 252(b)) has been unfair or unreasonable; or that there has been a violation of:

(1) Chapter 4, Division 3 of the Labor Code;

(2) California Code of Regulations Title 8, Chapter 2, Part II;

(3) Training Standards;

(4) Trainee Agreements;

(5) Selection Procedures;

(6) Rules, Regulations or Policies established by a training program sponsor.

(b) Complaints filed with, or by, the Administrator of Apprenticeship shall be filed in writing within ninety (90) days of the date of the alleged violation or within thirty (30) days of a decision by, an order by, or an action of a program sponsor to adjust the matter locally, whichever is latest, and shall contain the following:

(1) The full name and address of the party (person, organization, or other party) filing the complaint (hereinafter referred to as the “charging party”).

(2) The full name and address of the party (person, organization or other party) against whom the complaint is made (hereinafter referred to as the “respondent”).

(3) A clear and concise statement of the facts constituting the alleged complaint.

(4) The signature of the person filing the complaint or an authorized officer or agent in the case of an organization, employer, labor union, training program sponsor or other interested party.

(5) A declaration by the person signing the complaint, under penalties of law, that its contents are true and correct to the best of his/her knowledge and belief.

(c) Upon receipt or issuance of a complaint the Administrator of Apprenticeship shall cause a copy of such complaint to be served upon the respondent(s).

(d) Complaints may be withdrawn only with the consent of the Administrator of Apprenticeship.

(e) The Administrator of Apprenticeship shall dismiss any complaint when it is found that the controversies or differences concerning the training agreement were adjusted locally or that there are provisions in a collective bargaining agreement for handling such disputes.

HISTORY

1. Amendment of subsection (e) filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19).

2. Amendment of subsection (a)(8) filed 11-5-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

4. Amendment of initial paragraph filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

5. Renumbering of former article 1 to new article 4, renumbering of former section 262 to section 255 and renumbering and amendment of former section 251 to new section 262 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§262.1. Discipline--Cancellation.

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3073 and 3090, Labor Code.

HISTORY

1. New section filed 9-27-82; effective thirtieth day thereafter (Register 80, No. 40).

1. Repealer filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§263. Investigations, Holding of Hearings and Determinations.

Note • History

(a) The Administrator of Apprenticeship, upon the timely receipt or issuance of a complaint under Section 262, shall investigate the matter to determine whether the complaint has merit, and in the course of such investigations, the Administrator of Apprenticeship may take such steps as he/she deems necessary under the circumstances to bring about an amicable adjustment of the controversy. The Administrator of Apprenticeship shall dismiss any complaint that is not timely filed and may, following an investigation, dismiss any complaint that is found to be without merit. In such cases the Administrator of Apprenticeship shall prepare a statement of his/her findings and determinations and file it with the California Apprenticeship Council, and notify all parties in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of his/her determination to dismiss the complaint.

(b) If the matter is not dismissed, withdrawn or settled satisfactorily, the Administrator of Apprenticeship shall hold a hearing in accordance with the following procedure:

(1) He/she shall fix the time and place of the hearing and notify all interested parties not less than two weeks in advance in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 specifying the time and place of the hearing.

(2) The interested parties shall be given an opportunity to present evidence and oral or written arguments in support of their positions.

(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses.

(4) All witnesses testifying before the Administrator of Apprenticeship shall testify under oath.

(5) A full transcript of the hearing shall be taken by a qualified person.

(c) The Administrator of Apprenticeship or his/her duly authorized representative may conduct the investigation, hold the hearing and decide on the complaint. The Administrator of Apprenticeship may however delegate or authorize a representative only to hold a hearing and to report, reserving the authority to decide on the complaint. In that case, the duly authorized representative shall hold a hearing and submit to the Administrator of Apprenticeship the entire record of the hearing together with his/her written recommendations. The Administrator of Apprenticeship shall read the record and the written recommendations before deciding on the complaint.

(d) In deciding on the complaint, the Administrator of Apprenticeship or his/her duly authorized representative shall prepare a statement of findings of fact, make a decision, file it with the California Apprenticeship Council and notify all parties in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of the decision and of any action taken.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3081, 3082, 3090 and 3093, Labor Code.

HISTORY

1. Repealer filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Renumbering and amendment of former section 252 to new section 263 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§264. Appeals to the California Apprenticeship Council.

Note • History

(1) The Chair of the Council shall appoint three (3) members of the Council to act as an appeal board. This appeal board shall consist of one member of the Council representing an employee organization and one member representing an employer organization; the third member will be a member who does not represent either of the aforementioned groups and shall act as chair of the appeal board.

(2) The appeal board shall review the entire record and may hold an appeal hearing thereon.

(4) The hearing on the appeal shall be limited to a review of the record before the Administrator of Apprenticeship and to oral or written arguments by interested parties to the appeal; except where the appeal board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the Administrator of Apprenticeship. In such cases, the appeal board may admit such evidence to supplement the record and exercise its independent judgment upon all of the evidence in the record. The appeal board may, in its independent judgment, refer the matter to the program sponsor for reconsideration of its prior action, in an attempt to resolve the matter amicably.

(5) The appeal board shall submit a written report to the Council summarizing the evidence, findings of fact, and recommended decision. The Council shall take appropriate action on the recommended decision. If for any reason the Council rejects the appeal board's recommended decision, a complete copy of the record shall be furnished each member of the Council for independent review and consideration before any action is taken by the Council in rendering a decision.

(6) The Council will timely notify all parties to the appeal of its decision in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3082-3084, 3090 and 3093, Labor Code.

HISTORY

1. Amendment filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

3. Renumbering and amendment of former section 253 to new section 264 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

Article 5. Selection Procedures

§265. Compliance.

Note • History

NOTE

Authority cited: Sections 3071 and 3090, Labor Code. Reference: Sections 3071 and 3091, Labor Code.

HISTORY

1. New subsection (c) filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19).

2. New subsection (d) filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

3. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

4. Amendment of subsections (a) and (c) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

5. Renumbering of former article 5 to article 3 and renumbering of former section 265 to new section 260 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§266. Content of Selection Procedures.

Note • History

NOTE

Authority cited: Sections 3071 and 3090, Labor Code. Reference: Section 3071, Labor Code.

HISTORY

1. Amendment of subsections (a)(4) and (a)(9) filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

4. Renumbering of former section 266 to new section 261 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§267. Review and Compliance.

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3090 and 3093, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

2. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Article 6. Training Programs and Committees

§268. Local Training Programs.

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Section 3090, Labor Code.

HISTORY

1. New NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Repealer of article 6 (sections 268-271) and renumbering of section 268 to section 253 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

§269. Local Joint Training Programs.

History

HISTORY

1. Repealer filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

§270. Local Unilateral Training Programs.

History

HISTORY

1. Amendment filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Repealer filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

§271. State and Regional Joint Training Advisory Committees.

Note • History

NOTE

Authority cited: Sections 3071 and 3090, Labor Code. Reference: Section 3071, Labor Code.

HISTORY

1. Amendment filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 1).

2. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

4. Repealer filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

Article 7. State Certificates of Training

§272. When Issued.

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3093, Labor Code.

HISTORY

1. Amendment of subsection (d) filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

2. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

3. Repealer of article 7 (section 272) and renumbering and amendment of former section 272 to section 259 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

Article 8. Local Joint Training Committee Certificate of Authorization

HISTORY

1. Repealer of Article 8 (Section 273) filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

Article 9. Certificates of Meritorious Service

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3093, Labor Code.

HISTORY

1. Repealer of Article 9 (Section 274) filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

Subchapter 3. Journeyman On-the-Job Training

§280. Purpose and Intent.

Note • History

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.

HISTORY

1. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

. 2. Repealer filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

§281. Declaration of Policy.

Note • History

A state approved journeyman on-the-job training program is defined as one that is developed by its program sponsor and approved by the Division of Apprenticeship Standards as being consistent with Labor Code Sections 3090 and 3093 and applicable provisions of this Code.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.

HISTORY

1. New NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

. 2. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

. 3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

§282. Approval of Training Standards.

Note • History

(a) Voluntarily developed training standards for journeyman on-the-job training programs shall be approved by the Division of Apprenticeship Standards if those standards meet the following criteria:

(1) They are agreed to and submitted in writing by the parties to any applicable collective bargaining agreement, by an employer, an employer association, or a union or its representative, and signed by the parties affected.

(2) The program is designed for journeymen in an apprenticeable occupation to keep them abreast of current techniques, methods and materials and to provide them opportunities for advancement in their industries and does not replace apprentices in approved apprenticeship programs.

(3) The period of training is of not less than three months' duration.

(4) There are adequate facilities, equipment and personnel to provide training.

(5) Provision is made for:

(A) Training in safety and safe practices.

(B) Necessary related and supplemental instruction, where applicable. Related and supplemental instruction will be administered by state and local boards responsible for vocational education.

(D) Adequate records to be kept to show the progress made by each journeyman in training toward the training objective.

(E) Journeymen in training to be selected, employed and trained under fair and impartial procedures without discrimination on the basis of sex, race, religion, color, ancestry, national origin, disability, sexual orientation, political affiliation, creed or age.

(F) Recommending issuance of State Certificates of Training to journeymen in training upon successful completion of training, attested to by the journeyman training program sponsor(s) by competent evidence which is defined as a transcript or abstract of the records required to be maintained pursuant to Section 282(a)(5)(D).

(G) Each journeyman in training to sign an agreement based on the provisions of the training standards, with a copy filed with the training program sponsor.

(b) Journeyman on-the-job programs may be administered by a joint training committee, a unilateral training committee or a single employer.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3090 and 3093, Labor Code.

HISTORY

1. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Amendment of subsection (a) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

3. Amendment filed 5-12-98; operative 6-11-98 (Register 98, No. 20).

Subchapter 4. Electrician Certification

§290.0. General.

Note • History

Scope and Application: Improper electrical connections can result in fire or other damage to property and can cause injury and death. Any individual may apply for certification showing that the individual possesses the skill, knowledge and training to safely and competently make electrical connections of 100 volt-amperes or more in the course of doing work for a contractor licensed as a Class C-10 electrical contractor under the Contractors' State License Board Rules and Regulations. Certification displays an individual's expertise within the category of certification, and allows the individual to lawfully perform whatever part of the work within that category is work for which certification is required.

NOTE

Authority cited: Section 3099, Labor Code. References: Sections 3099-3099.4, Labor Code.

HISTORY

1. New subchapter 4 (sections 290.0-295.0) and section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of section and Note filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§290. 1 Definitions.

Note • History

(a) A General Electrician is one who performs work for an electrical contractor installing, constructing or maintaining any electrical system that is covered by the National Electric Code.

(b) A Residential Electrician is one who:

(1) performs work for an electrical contractor installing, constructing, or maintaining any electrical system that is covered by the National Electrical Code in single family homes and multi family units, including hotels and motels, where the primary occupancy of the building is considered residential and the maximum voltage received from a utility company is a 3 phase, 4 wire, 120/208 or 120/240 volts.

(2) performs work installing the required panel boards and feeders for commercial tenant space in a multi-family/multi-use occupancies falling under subsection (b)(1) above, where less than 50 percent of the first floor level is used for commercial tenant space, but not performing any tenant improvement for these spaces.

(3) does not perform work in occupancies that fall under the scope of Article 517 of the National Electrical Code.

(c) Voice Data Video Technician is one who performs work for an electrical contractor installing, constructing or maintaining any system that falls within the scope of National Electrical Code, Articles 725, 770 (non-composite cables only), 800 (non-hybrid cables only), 810 and 820.

(d) Fire/Life Safety Technician is one who performs work for an electrical contractor involving the installation, construction or maintenance of systems as covered in Article 760 of the National Electrical Code.

(e) Nonresidential Lighting Technician is one who performs work for an electrical contractor repairing, servicing and maintaining existing nonresidential lighting fixtures and installing retrofit upgrade fixtures. Such work does not include the installation of branch circuits or the alteration of existing branch circuits except a technician may reconnect to existing power within 3 feet.

(f) DAS is the Division of Apprenticeship Standards.

(g) Chief DAS is the Chief of the Division of Apprenticeship Standards.

(h) Director is the Director of Industrial Relations.

(i) An Electrical Contractor is one who holds a C-10 license from the State Contractors License Board

(j) National Electrical Code is the National Electrical Code 1999, National Fire Protection Association, Quincy, MA 02269.

NOTE

Authority cited: Section 3099, Labor Code. Reference: Section 3099, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

§290.1. Definitions.

Note • History

Approved Curriculum is a program of classes covering the areas of subject matter content offered by an Educational Provider pursuant to a plan of classroom instruction and designated as approved by the Curriculum Committee.

Certified Electrician is one who has been certified pursuant to Labor Code section 3099.2 and these regulations under any of the certification categories established by DAS.

Chief DAS is the Chief of the Division of Apprenticeship Standards.

Curriculum Committee is the Electrician Certification Curriculum Committee established pursuant to Labor Code section 3099(a)(6).

Curriculum Standards are the standards for subject matter content for classroom instruction adopted by the Curriculum Committee.

DAS is the Division of Apprenticeship Standards.

Director is the Director of Industrial Relations.

Educational Provider is a community college or public school district or public educational institution, or a state-licensed private post-secondary institution under contract with a public educational institution, community college or public school district, or a private postsecondary educational institution approved or registered by the Bureau for Private Postsecondary and Vocational Education.

Electrician Trainee is an Electrician Trainee Registrant who has completed or is enrolled in an Approved Curriculum and is working under the direct supervision of a Certified Electrician, pursuant to Labor Code section 3099.4 and these regulations. Electrician Trainee Registrant is one who is registered with DAS pursuant to Labor Code section 3099.4 and these regulations.

Fire/Life Safety Technician is one who performs work for a C-10 electrical contractor involving the installation, construction or maintenance of systems covered by Article 760 of the National Electrical Code.

General Electrician is one who performs work for a C-10 electrical contractor installing, constructing or maintaining any electrical system that is covered by the National Electric Code.

National Electrical Code is the National Electrical Code 1999, National Fire Protection Association, Quincy, MA 02269.

NICET is the National Institute for Certification in Engineering Technologies.

Nonresidential Lighting Technician is one who performs work for a C-10 electrical contractor repairing, servicing and maintaining existing nonresidential lighting fixtures and installing retrofit upgrade fixtures. Such work does not include the installation of branch circuits or the alteration of existing branch circuits except a Nonresidential Lighting Technician may reconnect to existing power within 3 feet.

Residential Electrician is one who:

(1) performs work for a C-10 electrical contractor installing, constructing, or maintaining any electrical system that is covered by the National Electrical Code in single family homes and multi family units, including hotels and motels, where the primary occupancy of the building is considered residential and the maximum voltage received from a utility company is a 3 phase, 4 wire, 120/208 or 120/240 volts.

(2) performs work for a C-10 electrical contractor installing the required panel boards and feeders for commercial tenant space in a multi-family/multi-use occupancies falling under subsection (1) above, where less than 50 percent of the first floor level is used for commercial tenant space, but not performing any tenant improvement for these spaces.

(3) does not perform work in occupancies that fall under the scope of Article 517 of the National Electrical Code.

Voice Data Video Technician is one who performs work for a C-10 electrical contractor installing, constructing or maintaining any system that falls within the scope of National Electrical Code, Articles 725, 770 (non-composite cables only), 800 (non-hybrid cables only), 810 and 820.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. Reference: Sections 3099-3099.4, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of section and Note filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

3. Amendment filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§291.0. Types of Certification.

Note • History

(a) An applicant may apply for certification as a General Electrician, a Residential Electrician, a Voice Data Video Technician, a Fire/Life Safety Technician or a Nonresidential Lighting Technician. A certification category describes the type of work that is performed by that category of electrician, but certification may not be required for all the work within the category.

(b) Certification in a particular category allows one to lawfully perform any work for which certification is required within the scope of that category, even when such work is also within the scope of another category. Certification as a General Electrician allows one to lawfully perform work for which certification is required in all categories.

NOTE

Authority cited: Sections 3099 and 3099.2, Labor Code. Reference: Sections 3099 and 3099.2, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of section and Note filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§291.1. Eligibility for Certification.

Note • History

(a) In order to be certified, an applicant must have the required experience as set forth herein, and pass a certification examination under Section 291.3. An applicant must provide proof of experience which may be done by showing:

(1) successful completion of an apprenticeship program approved by the California Apprenticeship Council, the federal Bureau of Apprenticeship Training, or a state apprenticeship council authorized by the federal Bureau of Apprenticeship Training to approve apprenticeship programs, in the classification for which certification is sought; or

(2) on-the-job experience, as follows:

General Electrician: 8000 hours of work for a C-10 electrical contractor installing, constructing or maintaining electrical systems covered by the National Electrical Code. The 8000 hours must consist of work in two or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 8000 hour total are as follows:

Stock room and Material handling - 300 hours

Residential Wiring - 3000 hours

Commercial Wiring - 6000 hours

Industrial Wiring - 6000 hours

Voice Data and Video installation - 1500 hours

Underground Conduit installation - 750 hours

Troubleshooting and Maintenance - 1500 hours

Finish Work and fixtures - 600 hours

Fire/Life Safety, Nurse call - 600 hours

Residential Electrician: 4800 hours of work for a C-10 electrical contractor installing, constructing, or maintaining electrical systems covered by the National Electric Code. The 4800 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 4800 hour total are as follows:

Stock room and material handling - 300 hours

Residential Wiring - 4800 hours

Voice Data and Video installation - 150 hours

Underground Conduit installation - 300 hours

Troubleshooting and Maintenance - 600 hours

Finish work and fixture - 600 hours

Fire/Life Safety - 300 hours

Voice Data Video Technician: 4000 hours of work for a C-10 electrical contractor installing, constructing or maintaining any system that falls within the scope of National Electrical Code, Articles 725, 770 (non-composite cables only), 800 (non-hybrid cables only), 810 and 820. The 4000 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 4000 hour total are as follows:

Stock room and material handling - 300 hours

Installations, including wire pulling, terminations, control panels devices and finish work - 4000 hours

Troubleshooting and Maintenance - 750 hours

Trade Specific training related to Voice, Data, Video - 300 hours

Fire/Life Safety Technician: 4000 hours of work for a C-10 electrical contractor, involving the installation, construction or maintenance of systems as covered in Article 760 of the National Electrical Code. The 4000 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted toward the 4000 hour total are as follows:

Stock room and material handling - 300 hours

Installations, including wire pulling, terminations, control panels devices and finish work - 4000 hours

Troubleshooting and Maintenance - 750 hours

Nurse Call systems - 300 hours

Proprietary systems training related to Fire/Life Safety - 300 hours

The experience requirement for Fire/Life Safety Technician may also be satisfied by proof of NICET certification in Fire Alarm Systems at Level II or above. Nonresidential Lighting Technician: 2,000 hours of work installing, repairing and maintaining nonresidential lighting while employed by a C-10 electrical contractor engaged in the business of nonresidential lighting maintenance and retrofit installations. The 2,000 hours must consist of work in one or more of the following areas, and the maximum number of hours in a particular area that may be counted towards the 2,000 hour total are as follows:

Stockroom and material handling - 150 hours

Maintenance of lighting fixtures - 1750 hours

Installation of retrofit fixtures - 1500 hours

Trouble shooting and repairing - 500 hours

(b) Where an applicant holds a license as an electrician in another state and it is determined by the Chief DAS that the requirements for experience to hold a license in that state are comparable to the requirements of Section 291.1(a)(1) or Section 291.1(a)(2), the Chief may deem the applicant to have the required experience for certification.

(c) Where the applicant can show other experience, including military experience or relevant work for a low voltage systems contractor holding a C-7 license, the applicant may apply to the Chief DAS for credit toward some or all of the experience required under Section 291.1(a)(2) The Chief DAS may grant credit if the Chief determines that the experience is comparable to experience for which credit would be granted under Section 291.1(a)(1) or Section 291.1(a)(2).

NOTE

Authority cited: Section 3099, Labor Code. References: Sections 3099 and 3099.2, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

3. Amendment of subsection (a)(2) and Note filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§291.2. Application for Certification and Examination.

Note • History

(a) Any individual desiring to be certified as set forth in Section 291.0 must submit an application for certification and examination as set forth herein. The application and all information and attachments shall be submitted under penalty of perjury, and accompanied by all applicable fees as set forth herein. No application will be accepted for processing by the DAS unless accompanied by all required fees as set forth in Section 292.0 herein.

(b) Applications may be obtained from any District Office for the DAS, or from the DAS website at www.dir.ca.gov/das, and shall be filed by mailing the completed application to the following address:

DIVISION OF APPRENTICESHIP STANDARDS
ATTN: ELECTRICIAN CERTIFICATION UNIT
P.O. BOX 420603
SAN FRANCISCO, CA 94142-0603

(1) Type of certification desired.

(2) Full name of the applicant and any other names the applicant has used to work as an electrician within five years previous to the date of the application.

(3) Date of Birth and Driver's license or state identification card number.

(4) Mailing Address.

(5) Telephone Number (Day and Evening).

(6) Request for Spanish language examination if applicable.

(d) The applicant shall submit proof of experience as required under Section 291.1 with the application. Except as provided in subsections (f) and (g), only applicants who have the required experience are eligible to take the certification examination.

(e) Within 30 days of the receipt of an application, the DAS shall inform the applicant in writing whether the applicant is eligible to take the certification examination, or whether the application is deficient or the applicant has not submitted sufficient proof of experience to take the certification examination.

If the applicant is eligible to take the certification examination, the DAS shall provide the applicant with information about taking the examination. If the applicant does not take the examination within one year after being notified by DAS of eligibility to take the examination, the applicant must submit a new application to DAS and pay the required application and testing fee again.

If the application is deficient or the applicant has not submitted sufficient proof of experience, the DAS shall return the application materials and refund all fees to the applicant. The DAS shall advise the applicant of the information or documentation required and why the proof of experience is insufficient. The applicant may submit a new application and pay the required application and testing fees.

(f) A registered apprentice performing electrical work as part of an apprenticeship program approved under Labor Code sec. 3070 et seq., a federal Bureau of Apprenticeship Training program, or a state apprenticeship program authorized by the federal Bureau of Apprenticeship Training, who is within one year of completion of the apprenticeship term, is eligible to take the certification examination. Upon passing the examination, the apprentice shall be certified immediately upon completion of the term of apprenticeship.

(g) An Electrician Trainee is eligible to test for certification upon completing the Approved Curriculum for the classification for which certification is sought. The Electrician Trainee must submit proof of completion of the Approved Curriculum with the application and pay the required application and testing fees. The Electrician Trainee shall not be certified until he or she passes the examination and submits proof of experience for the classification for which certification is sought as required under Section 291.1. The Electrician Trainee Registrant must renew registration to continue as an Electrician Trainee Registrant until certified.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099-3099.4, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of subsections (b), (c)(6) and (d), repealer and new subsection (e), new subsections (f) and (g) and amendment of Note filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

3. Editorial correction adding subsection (e) designator (Register 2006, No. 16).

4. Amendment of subsection (g) filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§291.3. Certification Examination.

Note • History

(a) All applicants must pass the written examination, established by the Chief DAS for the type of certification desired.

(b) The examination shall be validated by an independent test validation organization based on content developed by a job analysis.

(c) A description of the examination content and identification of relevant reference works will be provided by DAS upon request.

(d) The examination for each type of certification shall be given at least once per year, in at least two locations, one in Northern California and one in Southern California. DAS may give the examinations at additional times and in additional locations for the convenience of the applicant pool.

(e) Applicants requesting special accommodations for the examination on account of disability shall submit such requests to the Chief DAS or its designee. The Chief DAS or its designee shall respond promptly to such requests and may require additional information and/or documentation from the applicant.

(f) DAS shall provide for the administration of the certification examinations in Spanish, and to the extent practicable, other non-English languages spoken by a substantial number of applicants, as defined in Section 7296.2 of the Government Code, except insofar as the ability to understand warning signs, instructions, and other information in English is necessary for safety reasons.

(g) At the time of the examination, the applicant may be required to present valid photo identification and may be photographed for a certification card.

(h) DAS shall make information about electrician certification available in non-English languages spoken by a substantial number of construction workers, as defined in Section 7296.2 of the Government Code. Such information shall contain the basic information DAS makes available to the public in English regarding electrician certification and shall be sufficient to inform interested persons of the process by which one may become certified.

NOTE

Authority cited: Section 3099, Labor Code. References: Sections 3099-3099.3, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of subsections (e) and (f), new subsection (h) and amendment of Note filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

§291.4. Retesting.

Note • History

An applicant may take the test as many times as he or she wishes under one application for one year following the date of the notification of eligibility to take the examination so long as there is at least 60 days between each sitting. The applicant must make payment of the test fee each time the test is taken. After one year following the date of notification of eligibility, an unsuccessful applicant must submit a new application and make new payment of fees.

NOTE

Authority cited: Section 3099, Labor Code. References: Section 3099, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

3. Editorial correction of section text (Register 2006, No. 16).

§291.5. Renewal and Replacements.

Note • History

(a) Certification shall be renewed every three (3) years. To be eligible for renewal an applicant must provide proof under penalty of perjury of 32 hours further electrical education from an Educational Provider or from a state or federally approved apprenticeship program relevant to the type of certification, and must certify under penalty of perjury that he or she has worked in the industry 2000 hours within the previous three years. The same hours of education may be counted toward more than one category of certification.

(b) Within 30 days of the receipt of a renewal application, the DAS shall inform the applicant in writing either that certification has been renewed, or that the application is deficient or that applicant has submitted insufficient proof of further education. If the application is deficient or applicant has submitted insufficient proof of further education, DAS shall inform the applicant of the information or documentation required and why the proof of further education is insufficient.

(c) An individual who allows certification to lapse shall be required to retake the certification examination. A successful renewal application must be postmarked or received at DAS 30 days before the end of the certification period in order for certification to be renewed without a lapse.

(d) Any person whose certification card has been lost or mutilated may request a replacement card from the DAS. Such request shall be in writing and accompanied with a current address and phone number and replacement fee in the amount of 30% of the renewal fee specified in Section 292.0(c).

(e) For purposes of any continuing education or recertification requirement, individuals who become certified prior to the deadline for certification shall be treated as having become certified on the first anniversary of their certification date that falls after the certification deadline.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099-3099.4, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of subsection (a), new subsections (b) and (c), subsection relettering, new subsection (e) and amendment of Note filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

3. Editorial correction amending subsection (d) (Register 2006, No. 16).

4. Amendment of subsection (a) filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§292.0. Fees.

Note • History

(a) The fee for initially applying for certification is $75.00.

(b) The fee for taking or retaking the examination is $100.00.

(d) The fee for registering as an Electrician Trainee Registrant is $25.00.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099-3099.5, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. New subsection (d) and amendment of Note filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

3. Amendment of subsection (d) filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§293.0. Denial, Suspension, or Revocation of Certification; Appeals.

Note • History

(a) The Chief DAS may for good cause deny certification to an applicant. Good cause shall exist when the applicant does not satisfy the requirements of Section 291.1 or has failed the certification examination. The Chief DAS shall provide the applicant with written notice of the denial at the address shown on the application for certification or other address known to the DAS.

(b) The Chief DAS may for good cause and after notice and, if requested, a hearing, suspend or revoke the certification of a person certified pursuant to this Subchapter. Good cause shall be deemed to exist if the person certified has committed gross negligence or fraud, or engaged in repeated acts of negligence during the performance of activities subject to the certification or if the person obtained certification through mistake, misrepresentation or fraud.

(c) For suspension or revocation of a certification, notice of the intention to suspend or revoke the certification shall be given in writing and served upon the person certified. Service shall be by personal service or certified mail to the person's address as shown on the certification application or other address known to the DAS. The notice shall specify the reasons for the action proposed to be taken by the DAS and the applicant's right to request a hearing.

(d) Any applicant may appeal the denial of certification to the Chief DAS. The appeal shall be in writing and made within 30 days of service of the denial. The applicant shall have the burden of establishing that he/she qualifies for certification. The Chief DAS shall rule on the appeal, and shall have discretion to hold a hearing on the appeal before the Chief DAS or his or her authorized representative prior to the ruling. Any hearing must commence within 90 days after the DAS receives the appeal of the denial of certification. The ruling shall be in writing and shall be sent to the applicant within 90 days after the DAS receives the appeal, or within 90 days after the last day of hearing, whichever is later. The decision of the Chief DAS shall be final, except for judicial review provided by law.

(e) An individual served with notice of the intention of the Chief DAS to suspend or revoke his or her certification may request a hearing with the Director by filing a written request for hearing with the Director within 30 days of service of the notice. Where no timely request for hearing has been made, the effective date of the suspension or revocation is deemed the 31st day following service of the notice of intention. The Director shall schedule a hearing before the Director or his or her authorized representative within 90 days after the Director receives the request for hearing. Following the hearing, the Director shall issue a written ruling that shall be sent to the appellant within 90 days after the last day of hearing. The decision of the Director shall be final except for judicial review provided by law.

NOTE

Authority cited: Section 3099, Labor Code. References: Section 3099, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of subsections (d) and (e) filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

§294.0. Enforcement.

Note • History

Any person who displays a certificate, or otherwise claims to be certified, who is not certified shall be prohibited from taking the test for certification or from registering as an Electrician Trainee Registrant for a period of seven (7) years.

NOTE

Authority cited: Section 3099, Labor Code. References: Sections 3099 and 3099.4, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of section and Note filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§295.0. Publication of Names; Responsibility To Provide a Current Address.

Note • History

(a) DAS shall publish, either electronically or in print, a current list of Certified Electricians and Electrician Trainee Registrants. Copies of this list shall be available to the public upon request and shall be updated yearly. The list shall include the zip code of the electrician's or trainee's mailing address.

(b) Applicants, Electrician Trainee Registrants, and Certified Electricians shall be responsible for notifying DAS of changes in mailing address.

NOTE

Authority cited: Section 3099, Labor Code. References: Sections 3099 and 3099.4, Labor Code.

HISTORY

1. New section filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31).

2. Amendment of section and Note filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

3. Amendment filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§296.0. Curriculum Committee; Curriculum Standards; Approved Curriculum.

Note • History

(a) The Curriculum Committee is comprised of the State Superintendent of Public Instruction, the Chancellor of the California Community Colleges, and the Chief DAS, or their respective designees. The Curriculum Committee shall meet at least twice a year, and a unanimous vote shall be necessary for committee action. Each committee member may appoint up to three non-voting advisory members to attend committee meetings. The Chief DAS or its designee will act as secretary for the committee.

The address of the Curriculum Committee is:

DIVISION OF APPRENTICESHIP STANDARDS
ATTN: ELECTRICIAN CERTIFICATION CURRICULUM COMMITTEE
P.O. BOX 420603
SAN FRANCISCO, CA 94142-0603

(b) The Curriculum Committee shall adopt Curriculum Standards that satisfy the requirements of Labor Code section 3099.4. DAS shall publish the Curriculum Standards, either electronically or in print, and they shall be available to the public upon request.

(c) To apply for designation of its curriculum as approved, an Educational Provider must submit to the Curriculum Committee a copy of its proposed curriculum, proof that the proposed curriculum has been certified by the State Department of Education, approved by the Chancellor of the California Community Colleges, or approved or registered by the Bureau for Private Postsecondary and Vocational Education, and a document that identifies how each element in the Curriculum Standards is covered in the proposed curriculum. Within 90 days of the receipt of an application, the Curriculum Committee shall inform the Educational Provider in writing either that the proposed curriculum is designated approved or that the application or the proposed curriculum is deficient, in which case the Curriculum Committee shall inform the Educational Provider the information or documentation required to complete the application and why the proposed curriculum is deficient.

(d) The Curriculum Committee may designate as approved a curriculum that partially satisfies the Curriculum Standards where the Educational Provider attests that it intends to offer, or to cooperate with other Educational Providers to offer, a complete Approved Curriculum for the type of certification involved in the future. Approval of partial curriculum must be renewed on a yearly basis until a complete curriculum is approved, by submitting a renewal request to the Curriculum Committee.

(e) An Educational Provider must include language in publications regarding its Approved Curriculum that notifies which elements of the Curriculum Standards are covered, and which are not. An Educational Provider that is not offering all classes required to satisfy the Curriculum Standards must disclose in all communications to students and to the public that it has only received approval for a partial curriculum, and shall not make any representations that it offers a complete Approved Curriculum. For purposes of this subsection, “all communications” means all communications describing the curriculum, program, or course offerings of the Approved Curriculum, and does not refer to communications regarding internal institutional matters sent to students who are already enrolled in the Approved Curriculum with the Educational Provider.

(f) An Educational Provider of Approved Curriculum must submit an annual notice to the Curriculum Committee on the anniversary of its effective date of approval, stating whether the Educational Provider is continuing to offer the Approved Curriculum, and whether any material changes have been made to the Approved Curriculum since the effective date of approval.

(g) An Educational Provider shall send a copy of its current Approved Curriculum to the Curriculum Committee within 30 days of a written request. The Curriculum Committee may review the Approved Curriculum of an Educational Provider at any time. The Curriculum Committee may withdraw approval if the Educational Provider does not continue to meet the Curriculum Standards, or fails to provide a copy of its current Approved Curriculum to the Curriculum Committee upon written request. The Curriculum Committee must notify an Educational Provider in writing 30 days before the effective date of a withdrawal of approval, and the notice must inform the Educational Provider the grounds for withdrawal, including the ways in which the curriculum does not meet the Curriculum Standards.

(h) DAS shall publish, either electronically or in print, a list of Educational Providers with Approved Curriculum. The list shall be made available to the public upon request.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099 and 3099.4, Labor Code.

HISTORY

1. New section filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

2. Amendment of subsections (c)-(d), new subsections (e)-(g) and subsection relettering filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§296.1. Applying for and Renewing Registration as an Electrician Trainee Registrant.

Note • History

(a) An individual who is enrolled in or has completed an Approved Curriculum may register with DAS as an Electrician Trainee Registrant by submitting an application as set forth herein. The application and all information and attachments must be submitted under penalty of perjury and accompanied by the applicable fee as set forth in Section 292.0. No application will be accepted for processing unless accompanied by the required fee.

(b) Applications may be obtained from any District Office for DAS or from DAS's website. Applications must be filed by mailing the completed application to the following address:

DIVISION OF APPRENTICESHIP STANDARDS
ATTN: ELECTRICIAN CERTIFICATION UNIT
P.O. BOX 420603
SAN FRANCISCO, CA 94142-0603

(1) Full name of the applicant and any other names the applicant has used to work in the electrical industry within five years previous to the date of application.

(2) Date of birth and driver's license or state identification card number.

(3) Mailing address.

(4) Telephone number (Day and Evening).

(5) Proof of enrollment in or completion of an Approved Curriculum.

(6) Name, mailing address, and telephone number of current employer in the electrical industry, if any.

(d) Within 90 days of the receipt of an application, the DAS shall inform the applicant in writing either that the application is accepted for filing or that it is deficient or that the applicant has submitted insufficient proof of enrollment in or completion of an Approved Curriculum. If the application is deficient or the applicant has submitted insufficient proof of enrollment in or completion of an Approved Curriculum, the DAS shall inform the applicant of the information or documentation required and why the proof of enrollment in or completion of an Approved Curriculum is insufficient.

(e) An Electrician Trainee Registrant must renew his or her registration with DAS on an annual basis, by submitting a renewal application. The renewal application requirements are the same as that for the registration application, as set forth in subsections (a) through (c) above, except that no fee is required for renewal and the following additional information is required:

(1) Copies of transcripts showing Approved Curriculum classwork completed during the prior year; and,

(2) A list of the Electrician Trainee Registrant's employers in the electrical industry and on-the-job experience acquired during the prior year.

(f) Within 90 days of the receipt of a renewal application, the DAS shall inform the applicant in writing either that the registration has been renewed or that the application is deficient or that the applicant has submitted insufficient proof of further classwork or experience, in which case DAS shall inform the applicant of the information or documentation required and why the proof of further classwork or experience is insufficient.

(g) An individual whose registration as an Electrician Trainee Registrant was withdrawn, denied, or cancelled must show good cause to reapply as an Electrician Trainee Registrant.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099 and 3099.4, Labor Code.

HISTORY

1. New section filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

2. Amendment of section heading and subsections (a), (e) and (e)(2) and new subsection (g) filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§296.2. Enrollment in an Approved Curriculum.

Note • History

(a) For an individual to be considered enrolled toward the completion of an Approved Curriculum:

(1) the individual must be successfully completing at least 150 hours of classroom instruction from an approved Educational Provider each year, except that the individual who has fewer than 150 hours of classroom instruction remaining to complete the Approved Curriculum will be deemed enrolled during the final year while attending those classes to complete the Approved Curriculum; or,

(2) if within the first year of the Approved Curriculum, the individual must be attending classes on a schedule that will lead to the successful completion of 150 hours of classroom instruction from an approved Educational Provider within that first year (for example, an individual would need to be taking 50 hours of classroom instruction where the program offers three semesters per year, 75 hours where the program offers two semesters per year, or comparable hours based on the number of periods of instruction leading to 150 hours per year); provided, however, that an individual who certifies that he or she intends to enroll in the Approved Curriculum but that classes will not begin for a period of up to 180 days will be deemed enrolled for the period prior to beginning classes. This grace period will not be considered for purposes of assessing whether the individual is enrolled in sufficient hours of classroom instruction in the first year.

(b) For purposes of this section, a year is measured as a calendar year from when the individual begins classes. For example, an individual who begins classes on May 1 would have until April 30 of the following year to successfully complete 150 hours of classroom instruction under subsection (a)(1).

(c) Upon receipt of an application for registration as an Electrician Trainee Registrant, DAS may request verification of the applicant's enrollment from the Educational Provider.

(d) An Electrician Trainee Registrant must notify DAS if the registrant ceases to be enrolled in an Approved Curriculum without completing it.

(e) DAS will cancel the registration of an Electrician Trainee Registrant when notified that the registrant has ceased to be enrolled without completing an Approved Curriculum.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099 and 3099.4, Labor Code.

HISTORY

1. New section filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

2. Amendment filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§296.3. Employment of Electrician Trainees.

Note • History

(a) An employer who employs an Electrician Trainee to perform work for which certification would otherwise be required must ensure that the trainee is under the direct, on-site supervision of a Certified Electrician who is responsible for supervising no more than one trainee, but who also may be responsible for supervising registered apprentices. Registered apprentices are not to be counted as uncertified persons for purposes of this ratio. By employing an Electrician Trainee to perform work for which certification would otherwise be required, the employer attests that adequate supervision will be provided.

(b) An employer that fails to provide adequate supervision to an Electrician Trainee may be barred by the Chief DAS from employing trainees in the future.

(c) The Chief DAS shall serve written notice of the intention to bar an employer from employing Electrician Trainees. Service shall be by personal service or certified mail to the employer's address on file with the Contractor's State License Board or other address known to DAS. The notice shall specify the reasons for the action proposed to be taken by the DAS and the employer's right to request a hearing. The employer may request a hearing with the Director within 30 days of service of the notice. The Director shall schedule a hearing before the Director or his or her authorized representative within 90 days after the Director receives the applicant's request for hearing with the Director. Following the hearing, the Director shall issue a written ruling that shall be sent to the appellant within 90 days after the last day of hearing. The decision of the Director shall be final except for judicial review provided by law.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099 and 3099.4, Labor Code.

HISTORY

1. New section filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

2. Amendment of subsection (a) filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

§296.4. Denial or Cancellation of Registration as an Electrician Trainee Registrant; Appeals.

Note • History

(a) The Chief DAS may for good cause deny an individual registration as an Electrician Trainee Registrant or cancel an individual's registration as an Electrician Trainee Registrant. The Chief DAS shall provide the individual with written notice of the denial or cancellation at the address shown on the application for registration or other address known to the DAS. Good cause shall be deemed to exist if the individual does not meet the requirements for registration or has committed gross negligence or fraud, or engaged in repeated acts of negligence during the performance of activities subject to the registration or if the person obtained registration through mistake, misrepresentation or fraud.

(b) An applicant or registrant may appeal the denial or cancellation of registration to the Chief DAS. The appeal shall be in writing and made within 30 days of service of the notice. The appellant shall have the burden of establishing that appellant qualifies for registration. The Chief DAS shall rule on the appeal, and shall have discretion to hold a hearing on the appeal before the Chief DAS or his or her authorized representative prior to the ruling. Any hearing must commence within 90 days after the DAS receives the applicant's appeal of the denial of registration. The ruling shall be in writing and shall be sent to the appellant within 90 days after the DAS receives the appeal, or within 90 days after the last day of hearing, whichever is later. The decision of the Chief DAS shall be final, except for judicial review provided by law.

NOTE

Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099 and 3099.4, Labor Code.

HISTORY

1. New section filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

2. Amendment of section heading and subsection (a) filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

Chapter 3. Fair Employment and Housing Commission

Subchapter 1. Administration

NOTE

Authority cited: Section 1418(a), Labor Code; Section 35730.5(a), Health and Safety Code and Section 12935(a), Government Code. Reference: Part 4.5 of Division 2, Labor Code and Part 2.8 of Division 3 of Title 2, Government Code.

HISTORY

1. New Subchapter 1 (Sections 285.0-285.2) filed 4-26-78; effective thirtieth day thereafter (Register 78, No. 17).

2. Repealer of Subchapter 1 (Sections 285.0-285.2 filed 4-1-80; effective thirtieth day thereafter (Register 80, No. 14).

Subchapter 2. Discrimination in Employment

Article 1. General Matters

NOTE

HISTORY

1. New Subchapter 2 (Sections 285.5-296.4 not consecutive) filed 4-26-78; effective thirtieth day thereafter (Register 78, No. 17).

2. Repealer of Article 1 (Sections 285.5-285.6) filed 4-1-80; effective thirtieth day thereafter (Register 80, No. 14).

Article 11. Age Discrimination

NOTE

Authority cited: Section 1418(a), Labor Code; Section 12935(a), Government Code. Reference: Sections 1420.1 and 1420.15, Labor Code; Sections 12941, 12942, Government Code.

HISTORY

1. Editorial renumbering of Article 11 (Sections 295.0-296.4) of Chapter 3, Title 8 to Subchapter 11 (Sections 7295.0-7296.4) of Division 4, Title 2 (Register 81, No. 3).

Subchapter 4. Procedures of the Commission

§300. Definitions.

Note • History

NOTE

Authority cited: Section 1418(a), Labor Code. Reference: Section 1410, et seq., Labor Code.

HISTORY

1. Repealer of Sections 300-310 filed 8-15-78 as procedural and organizational; effective upon filing (Register 78, No. 33). For former history, see Registers 60, No. 20; 67, No. 24; 72, No. 45; 74, No. 22; and 78, No. 17.

2. Editorial renumbering of Subchapter 4 (Sections 311-316) of Chapter 3, Title 8 to Chapter 4 (Sections 7400-7405) of Division 4, Title 2 (Register 81, No. 3).

3. Editorial renumbering of Subchapter 4 (Sections 317-323) of Chapter 3, Title 8 to Chapter 5 (Sections 8317-8323) of Division 4, Title 2 (Register 81, No. 3). For prior history, see Registers 79, No. 51; 75, No. 30; and 72, No. 45.

Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)

(Originally Printed 1-12-74)

Subchapter 1. Regulations of the Director of Industrial Relations

Article 1. Definitions Under California Occupational Safety and Health Act of 1973

§330. Definitions.

Note • History

In this chapter unless otherwise specifically indicated:

(a) “Chief” means the Chief Administrative Officer of the Division of Occupational Safety and Health.

(b) “Working days” means Mondays through Fridays but shall not include Saturday, Sunday or State Holidays. In computing 15 working days, the day of receipt of any notice shall not be included, and the last day of the 15 working days shall be included.

(c) “Inspection” means any inspection of an employer's factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer and includes any inspection conducted pursuant to a complaint, any reinspection, or follow-up inspection.

(d) “Code” means the California Labor Code.

(e) “Order” included within the term “order” are the General Orders adopted by the Industrial Safety Board or the Industrial Accident Commission, Rules and Regulations promulgated by the Director of the Department of Industrial Relations and the Division of Occupational Safety and Health, decisions, requirements and orders made by the Division of Occupational Safety and Health.

(f) “Carcinogen” includes the following recognized cancer causing substances for which standards have been adopted:

(1) Any of the following substances and any compound, mixture, or product containing such substances:

(A) 2-acetylaminofluorene.

(B) 4-aminodiphenyl.

(D) Bis (chloromethyl) ether.

(E) 3,3'-dichlorobenzidine (and its salts).

(F) 4-dimethylaminoazobenzene.

(G) Beta-naphthylamine.

(H) 4-Nitrobiphenyl.

(I) N-nitrosodimethylamine.

(J) Beta-propriolactone.

(K) Methyl chloromethyl ether.

(L) Alpha-naphthylamine.

(M) 4,4'-Methylenebis (2-Chloroaniline.)

(N) Ethyleneimine.

(2) Asbestos, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.

(3) Vinyl chloride.

(4) 1,2- dibromo -3 chloropropane (DBCP).

(5) Coke oven emissions

(6) Acrylonitrile.

(7) Inorganic Arsenic.

(8) Ethylene Dibromide (EDB)

(9) Ethylene Oxide

(10) Any other substance for which standards are adopted and in effect due to cancer causing properties and any compound, mixture, or product containing such a substance, except as specifically exempted from such standards.

(g) “Order To Take Special Action” means any order written by the Chief or his or her authorized representative which requires the employer to comply with applicable provisions of Division 5 of the California Labor Code, or with specific standards, orders or regulations of the Standards Board whose enforcement upon the employer are at the discretion of the Division

(h) “Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway.

NOTE

Authority cited: Sections 54, 55, 6308, 6318 and 9004, Labor Code; and Bendix Forest Products Corporation v. Division of Occupational Safety and Health (1979) 25 Cal. 3d 465, (158 Cal. Rptr. 882). Reference: Sections 6302(h), 6308 and 6318 and 9004, Labor Code.

HISTORY

1. New Chapter 1, Group 1 (Sections 1-15) filed 1-4-74 as an emergency; effective upon filing (Register 74, No. 2).

2. Certificate of Compliance filed 5-3-74 (Register 74, No. 18).

3. Renumbering of Chapter 1, Group 1 (Sections 1-15) to Chapter 3.2, Group 1 (Sections 330, 331, 331.1-331.5, 332, 332.1, 332.2, 333-336 and 336.1) filed 7-31-74 as organizational and procedural; designated effective 8-1-74 (Register 74, No. 31).

4. Amendment of subsections (c), (d) and (r) and new subsection (s) filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

5. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).

6. New subsection (g) filed 9-19-85; effective thirtieth day thereafter (Register 85, No. 38).

7. Amendment of subsection (f) and new subsection (h) filed 1-15-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 3).

Article 2. Advance Notice of Inspections

§331. Advance Notice.

Note • History

The intent of these regulations is the complete avoidance of the advance notice to employers of pending inspections or investigations unless there are important advantages in performance of inspections to be gained by the Division of Occupational Safety and Health. Any advance notification not allowed under these rules may constitute a violation of Labor Code Section 6321, punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.

NOTE

Authority cited: Sections 54, 55 and 6321, Labor Code. Reference: Section 6321, Labor Code.

HISTORY

1. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

§331.1. When Advance Notice Justified.

Note • History

(a) Except when the investigation or inspection is to be made as the result of an employee complaint, situations justifying advance notice include the following:

(1) Situations of apparent imminent danger where prompt abatement is essential;

(2) Situations when, to be effective, the inspection must be arranged to assure availability of essential personnel or access to the site, equipment, or process;

(3) Other situations where, in the judgment of the Chief or his designee, the giving of advance notice is advantageous for achieving a thorough inspection.

(b) When the investigation or inspection is to be made as the result of an employee complaint, advance notice is to be authorized only if the situation appears to present imminent danger to the health or safety of an employee or employees.

NOTE

Authority cited: Sections 54, 55 and 6321, Labor Code. Reference: Section 6321, Labor Code.

HISTORY

1. Repealer of former Section 331.1 and renumbering and amendment of former Section 331.2 to Section 331.1 filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52). For prior history, see Register 79, No. 9.

§331.2. Time of Advance Notice.

Note • History

The lapse of time between advance notice and the inspection shall not exceed a minimum that is consistent with the reason for such notice. In no instance will advance notice be given more than 24 hours prior to the scheduled inspection or investigation except in unusual circumstances, where imminent danger exists or where practical considerations mandate a longer period.

NOTE

Authority cited: Sections 54, 55 and 6321, Labor Code. Reference: Section 6321, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 331.2 to Section 331.1 and renumbering and amendment of former Section 331.3 to Section 331.2 filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52). For prior history, see Register 79, No. 9.

§331.3. Notification to Employee Representative.

History

Any employer receiving advance notice shall promptly inform the employee representative of this fact, if there is one.

HISTORY

1. Renumbering and amendment of former Section 331.3 to Section 331.2 and renumbering of former Section 331.4 to Section 331.3 filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52). For prior history, see Register 79, No. 9.

§331.4. Arrangement for Inspection.

History

The employer receiving advance notice shall make any necessary arrangements at his place of business so that the inspection can proceed on schedule as planned.

HISTORY

1. Renumbering of former Section 331.4 to Section 331.3 and renumbering of former Section 331.5 to Section 331.4 filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52). For prior history, see Register 79, No. 9.

Article 3. Citation, Notice, Special Order, Order to Take Special Action, Notice of No Violations After Investigation: Procedures

§332. Form of Citation.

Note • History

The citation form shall set forth:

(a) The name of the employer, the employer's address and the workplace inspected;

(b) The nature of the violation, in specific terms with reference to the provision of the code, standard, regulation or order alleged to have been violated;

(d) Rights of employees respecting the time fixed for correction of violations;

(e) Posting requirements

(f) Time within which an employer may contest a citation; and

(g) Such other information as the Division of Occupational Safety and Health deems appropriate for clear understanding of the form issued.

NOTE

Authority cited: Sections 54, 55 and 6317, Labor Code. Reference: Section 6317, Labor Code.

HISTORY

1. Amendment of subsection (g) filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).

§332.1. Issuance of Notice.

Note • History

(a) If, after an inspection or investigation, the Division determines that a violation exists which is not classified as willful, serious, repeated, or related to a failure to abate, the Division may issue a Notice in lieu of citation if either of the following requirements are met:

(1) The violation does not bear a direct relationship upon employee safety or health, or;

(2) The violation bears a direct, but not immediate relationship upon employee safety or health, and is general or regulatory in nature.

(b) The Notice may be issued only if the criteria set forth in subdivision (a) hereof are satisfied, and in addition thereto, the employer agrees to abate the violative condition within a reasonable time as determined by the Division and agrees that the Notice will not be appealed. The agreement shall be indicated by the signature of the employer, or authorized employer representative, on the Notice itself.

(c) A Notice shall not be issued if the number of first instance violations, either general or regulatory, is 10 or more.

NOTE

Authority Cited: Sections 54, 55 and 6317, Labor Code. Reference: Section 6317, Labor Code.

HISTORY

1. Renumbering of former Section 332.1 to section 332.2 and new section 332.1 filed 1-15-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 3). For prior history, see Registers 85, No. 38; 84, No. 52 and 75, No. 10.

§332.2. Issuance of Special Order.

Note • History

If upon inspection or investigation the Division determines that an unsafe condition, device, or place of employment poses a threat to the health and safety of an employee which cannot be made safe under existing standards or orders of the Standards Board the Division may issue a special order.

NOTE

Authority cited: Sections 54, 55 and 6308, Labor Code. Reference: Sections 6305 and 6308, Labor Code.

HISTORY

1. Repealer of former Section 332.1 and renumbering and amendment of former Section 332.2 to Section 332.1 filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52). For prior history, see Register 75, No. 10.

2. Renumbering and amendment of former Section 332.1 to Section 332.3 and new Section 332.1 filed 9-19-85; effective thirtieth day thereafter (Register 85, No. 38).

3. Renumbering of former Section 332.2 to Section 332.3, and renumbering of former Section 332.1 to Section 332.2 filed 1-15-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 3). For history of former Section 332.2, see Register 75, No. 10.

§332.3. Issuance of Order to Take Special Action.

Note • History

After inspection or investigation the Division may require the employer to comply with applicable provisions of Division 5 of the California Labor Code or with specific standards or orders of the Standards Board whose enforcement upon the employer are at the discretion of the Division.

NOTE

Authority cited: Sections 54, 55 and 6308. Reference: Section 6308, Labor Code.

HISTORY

1. New section filed 9-19-85; effective thirtieth day thereafter (Register 85, No. 38). For history of former Section 332.2, see Register 75, No. 10.

2. Renumbering of former Section 332.3 to Section 332.4 and renumbering of former Section 332.2 to Section 332.3 filed 1-15-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 3).

§332.4. Posting of Citation, Special Order, Order to Take Special Action, and Notice of No Violation After Investigation.

Note • History

Citations issued pursuant to Labor Code Section 6317, Special Orders or Orders to Take Special Action issued pursuant to Labor Code Section 6308, and Notices of No Violation After Investigation issued pursuant to Labor Code Section 6318, or copies thereof, shall be posted at or near the referenced site of the violation or condition giving rise to the citation or order. The posted Citation, Special Order, Order to Take Special Action, or Notice of No Violation After Investigation shall be positioned so as to be easily read by employees working nearby. All postings shall be maintained for a period of three working days or until the unsafe condition is abated, whichever is longer.

NOTE

Authority cited: Sections 54, 55, 6308 and 6318, Labor Code. Reference: Sections 6305, 6308 and 6318, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 332.1 to Section 332.3 filed 9-19-85; effective thirtieth day thereafter (Register 85, No. 38).

2. Renumbering of former Section 332.3 to Section 332.4 filed 1--15-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 3).

Article 4. Proposed Penalty Procedure

§333. Notice of Proposed Assessment of Civil Penalties.

Note • History

Where a civil penalty is indicated, the Division shall after, or concurrent with the issuance of a citation, and within a reasonable time after the date the violation occurred, notify the employer by certified mail of the civil penalty proposed by the Division respecting the item(s) set forth as violation(s) in the citation. Any citation and/or Notice of Proposed Civil Penalty shall be deemed to be the final order of the Appeals Board, not subject to review by or appeal to any court or agency, unless within 15 working days from the date of the receipt of such citation or such notice of proposed civil penalty, the employer notifies the Appeals Board in writing of his intention to contest the citation and/or the civil penalty, with respect to violations alleged by the division, abatement periods, amount of proposed penalties, and the reasonableness of the changes required by the division to abate the condition.

NOTE

Authority cited: Sections 54, 55 and 6319, Labor Code. Reference: Section 6319, Labor Code.

HISTORY

1. Amendment filed 3-7-75; effective thirtieth day thereafter (Register 75, No. 10).

2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).

§334. Classification of Violations and Definitions.

Note • History

For purposes of penalty assessments, violations of occupational safety and health standards, violations of California Health and Safety Code Sections 2950 and 25910, orders, special orders and regulations are classified as follows:

(a) Regulatory Violation--is a violation, other than one defined as Serious or General that pertains to permit, posting, recordkeeping, and reporting requirements as established by regulation or statute. For example, failure to obtain permit; failure to post citation, poster; failure to keep required records; failure to report industrial accidents, etc.

(b) General Violation--is a violation which is specifically determined not to be of a serious nature, but has a relationship to occupational safety and health of employees.

(1) A “serious violation” shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a violation, including, but not limited to, circumstances where there is a substantial probability that either of the following could result in death or great bodily injury:

(A) A serious exposure exceeding an established permissible exposure limit or

(B) A condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in the place of employment.

(2) Notwithstanding subsection (c)(1), a serious violation shall not be deemed to exist if the employer can demonstrate that it did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(3) As used in subsection (c)(1), “substantial probability” refers not to the probability that an accident or exposure will occur as a result of the violation, but rather to the probability that death or serious physical harm will result assuming an accident or exposure occurs as a result of the violation.

(4) For Carcinogens--is a violation of any standard, order, or special order respecting the use of a carcinogen, as defined in 8 California Code of Regulations 330(f). However, the violation shall not be considered serious if the employer can demonstrate that he did not, and could not with the exercise of reasonable diligence, know of the presence of the violation or he can demonstrate that the Division should have determined that the violation was minor and resulted in no substantial health hazard.

(d) Repeat Violation

(1) General--is a violation where the employer has corrected, or indicated correction of an earlier violation, for which a citation was issued, and upon a later inspection is found to have committed the same violation again within a period of three years immediately preceding the latter violation. For the purpose of considering whether a violation is repeated, a repeat citation issued to employers having fixed establishments (e.g., factories, terminals, stores . . .) will be limited to the cited establishment; for employers engaged in businesses having no fixed establishments (e.g., construction, painting, excavation . . .) a repeat violation will be based on prior violations cited within the same Region of the Division.

(2) Field Sanitation Violations--Is a violation of the State Field Sanitation Standard, currently set forth in 8 CCR 3457, or of the Federal Field Sanitation Standard, currently set forth in 29 CFR 1928.110, where the employer has corrected, or indicated correction of an earlier violation, for which a citation was issued, and upon a later inspection is found to have committed the same violation within a period of five years immediately preceding the latter violation.

For the purpose of considering whether a violation is repeated, a repeat violation will be based on prior violations cited within the State.

(e) Willful Violation--is a violation where evidence shows that the employer committed an intentional and knowing, as contrasted with inadvertent, violation, and the employer is conscious of the fact that what he is doing constitutes a violation of a safety law; or, even though the employer was not consciously violating a safety law, he was aware that an unsafe or hazardous condition existed and made no reasonable effort to eliminate the condition.

(f) Abatement Date--is the date by which the employer is allowed and required to correct the condition constituting the violation.

NOTE

Authority cited: Sections 54, 55 and 6319, Labor Code. Reference: Sections 6302(i),6319, 6432 and 6712, Labor Code; and Sections 2950 and 25910, Health and Safety Code.

HISTORY

1. Amendment of subsection (c)(2) filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9). For prior history, see Registers 75, No. 10, 77, No. 1 and 77, No. 18.

2. Amendment of introductory paragraph and subsection (a) filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).

3. Amendment of subsection (c) filed 9-19-85; effective thirtieth day thereafter (Register 85, No. 38).

4. Amendment of subsection (c) filed 1-15-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 3).

5. Amendment of newly designated subsection (d)(1), new subsection (d)(2) and amendment of Note filed 7-30-96; operative 8-29-96 (Register 96, No. 31).

6. Amendment filed 12-16-99 as an emergency; operative 1-1-2000 pursuant to Government Code section 11343.4(c) (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-13-2000 and filed 5-11-2000 (Register 2000, No. 19).

8. Change without regulatory effect repealing subsection (d)(3) designator filed 7-10-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 28).

§335. Factors Considered in Assessing Civil Penalties.

History

In the assessment of civil penalties, the following factors shall be considered:

(a) The Gravity of the Violation--the Division establishes the degree of gravity of General and Serious violations from its findings and evidence obtained during the inspection/investigation, from its files and records, and other records of governmental agencies pertaining to occupational injury, illness or disease. The degree of gravity of General and Serious violations is determined by assessing and evaluating the following criteria:

(1) Severity.

(A) General Violation.

i. When the safety order violated pertains to employee illness or disease, Severity shall be based upon the degree of discomfort, temporary disability and time loss from normal activity (including work) which an employee is likely to suffer as a result of occupational illness or disease which could result from the violation. Depending on the foregoing, Severity shall be rated as follows:

LOW-- No time loss from work or normal activity; or minimum discomfort.

MEDIUM-- Loss of part or all of a day from work or normal activity including time for medical attention; or moderate temporary discomfort.

HIGH-- Loss of more than one day from regular work or normal activity including time for medical attention; or considerable temporary discomfort.

ii. When the safety order violated does not pertain to employee illness or disease, Severity shall be based upon the type and amount of medical treatment likely to be required or which would be appropriate for the type of injury that would most likely result from the violation. Depending on such treatment, Severity shall be rated as follows:

LOW-- Requiring first-aid only.

MEDIUM-- Requiring medical attention but not more than 24-hour hospitalization.

HIGH-- Requiring more than 24-hour hospitalization.

(B) Serious Violation.

The Severity of a Serious violation is considered to be HIGH.

(2) Extent.

i. When the safety order violated pertains to employee illness or disease, Extent shall be based upon the number of employees exposed:

LOW-- 1 to 5 employees.

MEDIUM-- 6 to 25 employees.

HIGH-- 26 or more employees.

ii. When the safety order violated does not pertain to employee illness or disease, Extent shall be based upon the degree to which a safety order is violated. It is related to the ratio of the number of violations of a certain order to the number of possibilities for a violation on the premises or site. It is an indication of how widespread the violation is. Depending on the foregoing, Extent is rated as:

LOW-- When an isolated violation of the standard occurs, or less than 15% of the units are in violation.

MEDIUM-- When occasional violation of the standard occurs or 15-50% of the units are in violation.

HIGH-- When numerous violations of the standard occur, or more than 50% of the units are in violation.

(3) Likelihood.

Likelihood is the probability that injury, illness or disease will occur as a result of the violation. Thus, Likelihood is based on (i) the number of employees exposed to the hazard created by the violation, and (ii) the extent to which the violation has in the past resulted in injury, illness or disease to the employees of the firm and/or industry in general, as shown by experience, available statistics or records. Depending on the above two criteria, Likelihood is rated as:

LOW, MODERATE OR HIGH

(b) The Size of the Business of the Employer--is based upon the number of individuals employed at the time of the inspection/investigation. Size of the Business is evaluated based upon the following classifications of the number of persons employed:

10 or fewer employees.

11 to 25 employees.

26 to 60 employees.

61 to 100 employees.

More than 100 employees.

(c) The Good Faith of the Employer--is based upon the quality and extent of the safety program the employer has in effect and operating. It includes the employer's awareness of CAL/OSHA, and any indications of the employer's desire to comply with the Act, by specific displays of accomplishments. Depending on such safety programs and the efforts of the employer to comply with the Act, Good Faith is rated as:

GOOD-- Effective safety program.

FAIR-- Average safety program.

POOR-- No effective safety program.

(d) The History of Previous Violations--is the employer's history of compliance, determined by examining and evaluating the employer's records in the Division's files. Depending on such records, the History of Previous Violations is rated as:

GOOD-- Within the last three years, no Serious, Repeat, or Willful violations and less than one General or Regulatory violation per 100 employees at the establishment.

FAIR-- Within the last three years, no Serious, Repeat, or Willful violations and less than 20 General or Regulatory violations per 100 employees at the establishment.

POOR-- Within the last three years, a Serious, Repeat, or Willful violation or more than 20 General or Regulatory violations per 100 employees at the establishment.

For the purpose of this subsection, establishment and the three-year computation, shall have the same meaning as in Section 334(d) of this Article.

HISTORY

1. Amendment of subsections (a) and (b) filed 6-29-77; effective thirtieth day thereafter (Register 77, No. 27). For prior history, see Register 77, No. 18.

§336. Assessment of Civil Penalties.

Note • History

Civil penalties for Regulatory, General, Serious, Repeat, Willful, and Failure to Abate violations shall be assessed in the following manner:

(a) Regulatory Violation--

(1) In General--Any employer who commits any Regulatory violation (as provided in Section 334(a) of this article) shall be assessed a civil penalty of up to $7000 for each such violation. Except as set forth in parts (2) through (6) of this subsection, a minimum proposed penalty of $500, representing the gravity of the violation, shall be assessed against employers who commit Regulatory violations. The proposed penalty shall be adjusted for Size, Good Faith, and History; however, an abatement credit shall not be granted.

(2) For Carcinogens--A minimum proposed penalty of $1,000 for all carcinogen standard regulatory violations, other than reporting use violations, representing the gravity of the violation, shall be assessed against the employers who commit such violations. The proposed penalty shall be adjusted for Size, Good Faith and History; however, an abatement credit shall not be granted.

(3) For Carcinogens Failure to Report Use. Any employer who violates a reporting requirement respecting the use of a carcinogen as defined in Title 8 of the California Code of Regulations section 330(f), shall be assessed a minimum proposed civil penalty of $2,500. The proposed penalty shall be adjusted for Size, Good Faith, and History; however, an abatement credit shall not be granted.

(4) For Violation of Permit or Registration Requirements. Any employer who violates the permit requirements of article 2, Permits--Excavations, Trenches, Construction and Demolition, and The Underground Use of Diesel Engines in Work in Mines and Tunnels, commencing with section 341 of Title 8 of the California Code of Regulations, or the Registration requirements of article 2.5, Registration--Asbestos-Related Work commencing with section 341.6 of Title 8 of the California Code of Regulations, shall be assessed a minimum proposed civil penalty of $1,250. The proposed penalty shall be adjusted for Size, Good Faith, and History; however, an abatement credit shall not be granted.

(5) For Violation of Elevator Permit and Posting Requirements. Any person owning or having custody, management, or operation of an elevator who operates any such elevator without a valid permit, or who fails to post the permit as required, may be assessed a civil penalty pursuant to the provisions of this article of up to $1000.

(6) For Failure to Report Serious Injury or Illness, or Death of an Employee -- Any employer who fails to timely report an employee's injury or illness, or death, in vioaltion of section 342(a) of Title 8 of the California Code of Regulations, shall be assessed a minimum penalty of $5,000.

(b) General Violation--Any employer who violates any occupational safety and health standard, order or special order and such violation is determined to be a General violation (as provided in section 334(b) of this article) may be assessed a civil penalty of up to $7000 for each such violation.

Gravity of a General Violation--The Base Penalty of a General violation is determined by evaluating Severity (as provided in section 335(a)(1)(A) of this article). If the Severity is:

LOW-- The Base Penalty shall be $1,000.

MEDIUM-- The Base Penalty shall be $1,500.

HIGH-- The Base Penalty shall be $2,000.

The Base Penalty for the General violation determined under this subsection is then subjected to an adjustment for Extent (as provided in section 335(a)(2) of this article). If the Extent is:

LOW-- 25% of the Base Penalty shall be subtracted.

MEDIUM-- No adjustment shall be made.

HIGH-- 25% of the Base Penalty shall be added.

The Base Penalty for the General violation thus far determined is further subjected to an adjustment for Likelihood (as provided in section 335(a)(3) of this article). If Likelihood is:

LOW-- 25% of the Base Penalty shall be subtracted.

MEDIUM-- No adjustment shall be made.

HIGH-- 25% of the Base Penalty shall be added.

The resulting figure is called the Gravity-based penalty.

(1) In General--Any employer who violates any occupational safety and health standard, order, or special order, and such violation is determined to be a Serious violation (as provided in section 334(c)(1) of this article) shall be assessed a civil penalty of up to $25,000 for each such violation. Because of the extreme gravity of a Serious violation an initial base penalty of $18,000 shall be assessed.

The Base Penalty for the Serious violation determined under this subsection is then subjected to an adjustment for Extent (as provided in section 335(a)(2) of this article). If the Extent is:

LOW-- 25% of the Base Penalty shall be subtracted.

MEDIUM-- No adjustment shall be made.

HIGH-- 25% of the Base Penalty shall be added.

The Base Penalty for the Serious violation thus far determined is further subjected to an adjustment for Likelihood (as provided in section 335(a)(3) of this article). If Likelihood is:

LOW-- 25% of the Base Penalty shall be subtracted.

MEDIUM-- No adjustment shall be made.

HIGH-- 25% of the Base Penalty shall be added.

The resulting figure is called the Gravity-based penalty.

(2) For Carcinogens--Any employer who violates any occupational safety and health standard, order, or special order respecting the use of a carcinogen, and such violation is determined to be a Serious violation (as provided in section 334(c)(4) of this article) shall be assessed a total civil penalty of $2000 for each such violation. This penalty is not subject to adjustment.

(3) Serious Violation Causing Death or Serious Injury, Illness or Exposure--If the employer commits a Serious violation and the Division has determined that the violation caused death or serious injury, illness or exposure as defined pursuant to Labor Code section 6302, the penalty shall not be reduced pursuant to this subsection, except the penalty may be reduced for Size as set forth in subsection (d)(1) of this section. The penalty shall not exceed $25,000.

(4) Operation of an Elevator in an Unsafe Condition or in Violation of an Order Prohibiting Use.

Any person owning or having custody, management or operation of an elevator who operates or permits the operation of the elevator in a condition which is dangerous to life or the safety of any person, or who operates or permits the operation of the elevator in violation of any Order Prohibiting Use issued by the Division, may be assessed a civil penalty pursuant to the provisions of this article of up to $2000.

(5) For Tower Cranes--Any employer who violates any tower crane standard, order or special order and such violation is determined to be a serious violation (as provided in section 334(c)(1) of this article) shall be assessed a penalty of $2,000. The penalty shall not be subject to adjustment as set forth in subsections (d) and (e) of this section.

(d) Further Adjustment of Regulatory, General, and Serious Violations--Subject to the provisions of parts (5) through (9) of this subsection, the Gravity-based Penalty established under either subsection (a), (b) or (c) of this section, shall be appropriately adjusted by giving due consideration to the following factors:

(1) The Size of the Business If the Size of the Business (as provided under section 335(b) of this article) is:

10 or fewer -- 40% of the Gravity-based

employees Penalty shall be subtracted.

11-25 -- 30% of the Gravity-based

employees Penalty shall be subtracted.

26-60 -- 20% of the Gravity-based

employees Penalty shall be subtracted.

61-100 -- 10% of the Gravity-based

employees Penalty shall be subtracted.

More than -- No adjustment shall be made.

100 employees

(2) The Good Faith of the Employer--If the Good Faith of the Employer (as provided under section 335(c) of this article) is:

GOOD-- 30% of the Gravity-based Penalty shall be subtracted.

FAIR-- 15% of the Gravity-based Penalty shall be subtracted.

POOR-- No adjustment shall be made.

(3) The History of Previous Violations--If the employer's History of Compliance (as provided under section 335(d) of this article) is:

GOOD-- 10% of the Gravity-based Penalty shall be subtracted. FAIR-- 5% of the Gravity-based Penalty shall be subtracted. POOR-- No adjustment shall be made.

Following the preceding adjustments of the Gravity-based Penalty, the resultant penalty is termed Adjusted Penalty.

(4) If an employer cited for a violation of a safety and health provision within title 8 of the California Code of Regulations was, at the time of citation, making a good faith effort to abate the alleged violation, pursuant to written recommendations of a Consultant of the CAL/OSHA Consultation Service, the following penalty adjustments may apply:

(A) General Violation. All penalties assessed for such General violations may be waived by the Division.

(B) Serious Violation. All penalties for such Serious violations may be subject to an additional adjustment reducing the proposed penalty 50%.

(5) Serious Violations Respecting the Use of a Carcinogen--The penalty for any Serious violation respecting the use of a carcinogen as set forth in subsection (c)(2) of this section is not subject to adjustment pursuant to this subsection and shall not be otherwise reduced.

(6) Regulatory Violations of the Permit and Registration Requirements--The minimum penalty for any Regulatory violation of the permit or registration requirements as set forth in subsection (a)(4) of this section is $250.

(7) Serious Violations Causing Death or Serious Injury, Illness or Exposure--Subject to the provisions of subsection (c)(3) of this section, the penalty for any Serious violation determined by the Division to have caused death or serious injury, illness or exposure as defined pursuant to Labor Code section 6302, shall not be adjusted pursuant to this subsection, except for Size set forth in part (1) of this subsection.

(8) Injury Prevention Program--The penalty for any Serious violation shall not be subject to adjustment pursuant to this subsection other than for Size as set forth in part (1) of this subsection where the employer does not have an operative injury prevention program as set forth in Labor Code section 6401.7 and applicable regulations of the California Occupational Safety and Health Standards Board.

(9) False Declarations of Abatement--Subject to the provisions of subsection (e) of this section, where it is determined after reinspection that the employer has not complied with the abatement requirements of the Division and employer has previously submitted a statement affirming compliance therewith, the recomputed penalty shall not be adjusted pursuant to this subsection, except for Size as set forth in part (1) of this subsection.

(10) No civil penalty shall be assessed against any new employer for a period of one year after the date the new employer establishes a business in the state for a regulatory or general violation of the Injury and Illness Prevention Program Standard adopted pursuant to Labor Code section 6401.7 and applicable regulations of the California Occupational Safety and Health Standards Board, if the employer has made a good faith effort to comply with the requirement set forth therein.

(11) No civil penalty shall be assessed against an employer who adopts, posts, and implements in good faith the Model Injury and Illness Prevention Program for Non-High-Hazard Employment prepared by the Division for a first violation of the Injury and Illness Prevention Program standard adopted pursuant to Labor Code section 6401.7 and applicable regulations of the California Occupational Safety and Health Standards Board.

(12) For an employer who commits a repeat violation (as provided under section 334(d) of this article), the penalty shall not be subject to adjustment pursuant to this subsection, other than for Size as set forth in part (1) of this subsection.

(e) Abatement Credit for General and Serious Violations--The Adjusted Penalty for General and Serious violations is reduced by 50% on the presumption that the employer will correct the violations by the abatement date. The resultant penalty is termed Proposed Penalty. The following types of violations are not subject to an abatement credit:

(1) Violations designated as Repeat or Willful;

(2) Serious violations for which extent and likelihood are rated high;

(3) Serious violations respecting the use of a carcinogen; and

(4) Serious violation causing death or serious injury, illness or exposure as defined pursuant to Labor Code section 6302.

(f) Penalty for Failure to Abate Regulatory, General or Serious Violations--If the employer fails to abate the violation by the date permitted for its correction or fails to submit to the Division a signed statement of abatement of a violation within ten working days of the date set by the Division for correction of the violative condition, any abatement credit extended pursuant to subsection (e) of this Section shall be rescinded and this amount assessed as part of the failure to abate penalty. In addition, a penalty shall be assessed that is based upon the initial Gravity-based penalty for each calendar day that the previously cited violation continues unabated after expiration of the abatement period. Subject to the provisions of part (1) hereof, the Gravity-based penalty is reduced by the reevaluated adjustment factors. The adjustment factors of Size, Good Faith, and History shall be determined by evaluation of the circumstances at the time of the subsequent inspection when the failure to abate is discovered. The daily additional penalty for failure to abate a violation shall not exceed $15,000.

Limitations:

(1) Except (A) where the gravity of the violation is high and exposure to employees is continuous, or (B) the employer has exhibited a high degree of negligence in failing to correct the violation, the daily penalty for failure to abate a Regulatory or General violation may be further reduced up to 90% for the first 120 days the violation continues to exist and up to 50% thereafter where the violation does not bear a direct relationship on employee health and safety. The daily penalty for a Serious violation may be reduced up to 50% where the adjustment factors calculated pursuant to subsection (c) of this section are Low and the History and Good Faith calculated pursuant to subsection (d) of this section are Good.

(2) When a violation consisted of a number of instances and upon subsequent inspection some instances are found to have been abated and others have not, the daily penalty shall be calculated in proportion to the extent that the violation has been abated.

(3) Failure to Abate a Serious Violation Causing Death or Serious Injury, Illness or Exposure--If the employer fails to abate a Serious violation and the Division has determined that the failure to abate caused death or serious injury, illness, or exposure as defined pursuant to Labor Code section 6302, the penalty shall not be adjusted pursuant to this subsection, except for Size as set forth in subsection (d)(1) of this section.

(4) Failure to Abate a Serious Violation of Crane Standard, Order, or Special Order Causing Death or Serious Injury--If the employer fails to abate a serious violation of a crane standard, order, or special order and the Division has determined that the failure to abate caused death or serious injury as defined pursuant to Labor Code 6302, the penalty shall be $14,000 for each calendar day. The penalty is not subject to adjustment.

(5) False Declaration of Abatement--If it is determined after reinspection that the employer has not complied with the abatement requirements of the Division, and the employer has previously submitted a statement affirming compliance therewith, the recomputed penalty shall not be adjusted pursuant to this subsection, except for Size pursuant to part (1) of subsection (d) of this section.

(g) Repeat Violation--

(1) In General--If a Regulatory, General, or Serious violation is repeated (as provided under section 334(d) of this article) the Proposed Penalty is adjusted upward as follows:

1st repeat-- the Proposed Penalty is multiplied by two.

2nd repeat-- the Proposed Penalty is multiplied by four.

3rd repeat-- the Proposed Penalty is multiplied by ten.

The resultant penalty shall not exceed $70,000.

(2) For Carcinogens--If a Serious violation respecting the use of a carcinogen or a Regulatory violation concerning a reporting requirement respecting the use of a carcinogen is repeated (as provided in section 334(d) of this article), the total civil penalty shall be as follows:

(A) For repeated Regulatory violations concerning a reporting requirement.

1st repeat-- $5,000

2nd repeat-- $10,000

3rd repeat-- $20,000

(B) For repeated Serious violations respecting the use of a carcinogen.

1st repeat-- $10,000

2nd repeat-- $20,000

3rd repeat-- $40,000

These penalties are not subject to adjustment.

(3) Repeated Violation Causing Death or Serious Injury, Illness or Exposure--The computation of the Proposed Penalty for a repeated violation shall not be subject to reduction, other than the Size pursuant to part (1) of subsection (d) of this section, where the violation is determined by the Division to have caused death or serious injury, illness or exposure within the meaning of Labor Code section 6302.

(h) Willful Violation--If a Regulatory, General, or Serious violation is determined to be willful (as provided under section 334(e) of this article) the Proposed Penalty is adjusted upward as follows:

Regulatory, General and Serious--the Proposed Penalty is multiplied by five. However, the penalty for any willful violation shall not be less than $5,000 and shall not exceed $70,000.

(1) Willful Violation Causing Death or Serious Injury, Illness or Exposure--The computation of the Proposed Penalty for a willful violation shall not be subject to reduction, other than the Size pursuant to part (1) of subsection (d) of this section, where the violation is determined by the Division to have caused death or serious injury, illness or exposure within the meaning of Labor Code section 6302.

(i) Serious Repeated or Willful Repeated Violation of Crane Standard, Order, or Special Order Causing Death or Serious Injury--If the employer commits a serious repeated or willful repeated violation of a crane standard, order, or special order, and the Division has determined that the violation caused death or serious injury as defined pursuant to Labor Code 6302, the penalty shall be $140,000. This penalty is not subject to adjustment.

(j) Rounding of the Fractions Amounts of the civil penalties are rounded down to the next whole dollar during the calculation stages, and final figures are adjusted downward to the next lower five dollar ($5) value.

(k) Multiple Violations Pertaining To A Single Hazard. When a single hazard is the subject matter of multiple violations resulting in civil penalties, the Division may, in its discretion, depart from the preceding criteria to mitigate the cumulative effect of such penalties.

(1) This subsection does not apply to any penalty assessed for a Serious, Willful or Repeated violation or a failure to abate a Serious violation where such violation or violations have been determined by the Division to have caused death or serious injury, illness or exposure pursuant to Labor Code section 6302. This subsection does not apply to any Regulatory, General or Serious violation where the employer does not have an operative injury prevention program as set forth in subsection (d) of this section.

NOTE

Authority cited: Sections 54, 55, 6319, 6319.3, 6401.7 and 9060, Labor Code. Reference: Sections 6314.5, 6318, 6319, 6320, 6401.7, 6409.1, 6427-6432, 6434, 7320, 7321, 7321.5, 7381 and 9060, Labor Code.

HISTORY

1. Amendment and new subsection (j) filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9). For prior history, see Registers 75, No. 10; 77, No. 1; 77, No. 18 and 77, No. 27.

2. Editorial correction of subsection (d)(2) (Register 82, No. 15).

3. Amendment of subsections (c), (e)-(h) filed 12-31-84; designated effective 1-1-85 pursuant to Government Code section 11346.2(d) (Register 85, No. 1).

4. Amendment of subsections (c) and (g) filed 1-15-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 3).

5. Amendment filed 3-18-91; operative 4-17-91 (Register 91, No. 15).

6. Amendment filed 4-24-92; operative 5-25-92 (Register 92, No. 18).

7. Amendment of subsection (d)(8), new subsections (d)(10) and (d)(11), and amendment of Note filed 1-26-95; operative 2-27-95 (Register 95, No. 4).

8. Amendment of subsections (c)(1)-(c)(3) and (c)(5), new subsection (d)(12), amendment of subsections (f) and (h), and amendment of Note filed 12-16-99 as an emergency; operative 1-1-2000 pursuant to Government Code section 11343.4(c) (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-13-2000 and filed 5-11-2000 (Register 2000, No. 19).

10. Change without regulatory effect amending subsection (a)(1), adopting new subsection (a)(6) and amending Note filed 1-30-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 5).

§336.1. Single Violation. [Repealed]

History

HISTORY

1. Repealer filed 3-7-75; effective thirtieth day thereafter (Register 75, No. 10).

Article 4.5. Multi-Employer Worksites

§336.10. Determination of Citable Employer.

Note • History

On multi-employer worksites, both construction and non-construction, citations may be issued only to the following categories of employers when the Division has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by the Division:

(a) The employer whose employees were exposed to the hazard (the exposing employer);

(b) The employer who actually created the hazard (the creating employer);

(c) The employer who was responsible, by contract or through actual practice, for safety and health conditions on the worksite; i.e., the employer who had the authority for ensuring that the hazardous condition is corrected (the controlling employer); or

(d) The employer who had the responsibility for actually correcting the hazard (the correcting employer).

Note: The employers listed in subsections (b) through (d) may be cited regardless of whether their own employees were exposed to the hazard.

NOTE

Authority cited: Sections 54 and 55, Labor Code. Reference: Sections 50.7, 6317, 6400, 6401, 6402, 6403, 6404, 6405, 6406 and 6407, Labor Code.

HISTORY

1. New article 4.5 (sections 336.10-336.11) and section filed 12-1-97; operative 12-31-97 (Register 97, No. 49).

§336.11. Determination of Applicability of Defenses.

Note • History

Prior to issuing any citation to an exposing employer, the Division shall first determine whether available information indicates that the employer meets each of the defenses listed below. If the Division concludes that all five defenses have been met, the citation shall not be issued. These defenses are:

(a) The employer did not create the hazard.

(b) The employer did not have the responsibility or the authority to have the hazard corrected.

(d) The employer can demonstrate that the creating, the controlling and/or the correction employers, as appropriate, were specifically notified or were aware of the hazards to which his/her employees were exposed.

(e) The employer took appropriate feasible steps to protect his/her employees from the hazard, instructed them to recognize the hazard and, where necessary, informed them how to avoid the dangers associated with it. For the purposes of this section, where an extreme hazard is involved, appropriate feasible steps include removing the employer's employees from the job, if there is no other way to protect them from the hazard.

NOTE

Authority cited: Sections 54 and 55, Labor Code. Reference: Sections 50.7, 6317, 6400, 6401, 6402, 6403, 6404, 6405, 6406 and 6407, Labor Code.

HISTORY

1. New section filed 12-1-97; operative 12-31-97 (Register 97, No. 49).

Article 5. Hazardous Substances Information and Training

§337. Development and Maintenance of List.

Note • History

(a) Establishment of Initial List. Substances designated in the sources specified in Labor Code section 6382(b) shall be considered in formulating the initial list.

The Director shall presume all such substances to be potentially hazardous to human health when present occupationally except those which the Director determines do not pose any adverse acute or chronic risk to human health as present occupationally. Those substances which do not pose any risk shall be removed from the list. Evidence of risk shall include any immediate or long-term adverse effect which causes impairment of function, alteration of structure, or increased susceptibility to disease or contributes to adverse effects of other substances. In making a determination of risk, the Director shall consider available scientific data including, but not limited to, data from human epidemiological studies, data from short-term in vitro studies, and data from animal bioassay tests.

Animal bioassay data is admissible and generally indicative of potential effects in humans.

For purposes of this regulation, substances are present occupationally when there is a possibility of exposure either as a result of normal work operations or a reasonably foreseeable emergency resulting from workplace operations. A reasonably foreseeable emergency is one which a reasonable person should anticipate based on usual work conditions, a substance's particular chemical properties (e.g., potential for explosion, fire, reactivity), and the potential for human health hazards. A reasonably foreseeable emergency includes, but is not limited to, spills, fires, explosions, equipment failure, rupture of containers, or failure of control equipment which may or do result in a release of a hazardous substance into the workplace.

(b) Administrative Procedure Followed by the Director for the Development of the Initial List. The Director shall hold a public hearing concerning the initial list. The record will remain open 30 days after the public hearing for additional written comment. Requests to exempt a substance in a particular physical state, volume, or concentration from the provisions of Labor Code sections 6390 to 6399.2 may be made at this time. If no comments in opposition to such a request are made at the public hearing or received during the comment period, or if the Director can find no valid reason why the request should not be considered, it will be incorporated during the Director's preparation of the list.

After the public comment period the Director shall formulate the initial list and send it to the Standards Board for approval. After receipt of the list or a modified list from the Standards Board, the Director will adopt the list and file it with the Office of Administrative Law.

(c) Concentration Requirement. In determining whether the concentration requirement of a substance should be changed pursuant to Labor Code section 6383, the Director shall consider valid and substantial evidence. Valid and substantial evidence shall consist of clinical evidence or toxicological studies including, but not limited to, animal bioassay tests, short-term in vitro tests, and human epidemiological studies. Upon adoption, a regulation indicating the concentration requirement for a substance shall consist of a footnote on the list.

(d) Procedures for Modifying the List. The Director will consider petitions from any member of the public to modify the list or the concentration requirements, pursuant to the procedures specified in Government Code section 11347.1. With petitions to modify the list, the Director shall make any necessary deletions or additions in accordance with the procedures herein set forth for establishing the list. The Director will review the existing list at least every two years and shall make any necessary additions or deletions in accordance with the procedures herein set forth for establishing the list.

(e) Criteria for Modifying the List. Petitions to add or remove a substance on the list, modify the concentration level of a substance, or reference when a particular substance is present in a physical state which does not pose any human health risk must be accompanied with relevant and sufficient scientific data which may include, but is not limited to, short-term tests, animal studies, human epidemiological studies, and clinical data. If the applicant does not include the complete content of a referenced study or other document, there must be sufficient information to permit the Director to identify and obtain the referenced material. The petitioner bears the burden of justifying any proposed modification of the list.

The Director shall consider all evidence submitted, including negative and positive evidence. All evidence must be based on properly designed studies for toxicological endpoints indicating adverse health effects in humans, e.g., carcinogenicity, mutagenicity, neurotoxicity, organ damage/effects.

For purposes of this regulation, animal data is admissible and generally indicative of potential effects in humans.

The absence of a particular category of studies shall not be used to prove the absence of risk.

Negative results generally indicate the absence of statistically positive results in appropriate studies. As all tests for toxicological effects have inherent insensitivities, negative results must be reevaluated in light of the limits of sensitivity of each study, its test design, and the protocol followed.

In evaluating different results among proper tests, as a general rule, positive results shall be given more weight than negative results for purposes of including a substance on the list or modifying the list in reference to concentration, physical state or volume, so that appropriate information may be provided regarding those positive results. In each case, the relative sensitivity of each test shall be a factor in resolving such conflicts.

NOTE

Authority cited: Section 6380, Labor Code. Reference: Sections 6361, 6380, 6380.5, 6382 and 6383, Labor Code.

HISTORY

1. New article 5 (section 337) filed 11-5-81; effective thirtieth day thereafter (Register 81, No. 45).

2. Amendment of subsection (d) filed 1-15-87; effective upon filing pursuant to Government Code section 11346.2(d) (Register 87, No. 3).

3. Editorial correction of HISTORY 2. (Register 91, No. 19).

§338. Special Procedures for Supplementary Enforcement of State Plan Requirements Concerning Proposition 65.

Note • History

(a) This section sets forth special procedures necessary to comply with the terms of the approval by the United States Department of Labor of the California Hazard Communication Standard, pertaining to the incorporation of the occupational applications of the California Safe Drinking and Toxic Enforcement Act (hereinafter Proposition 65), as set forth in 62 Federal Register 31159 (June 6, 1997). This approval specifically placed certain conditions on the enforcement of Proposition 65 with regard to occupational exposures, including that it does not apply to the conduct of manufacturers occurring outside the State of California. Any person proceeding “in the public interest” pursuant to Health and Safety Code §25249.7(d) (hereinafter “Supplemental Enforcer”) or any district attorney or city attorney or prosecutor pursuant to Health and Safety Code §25249.7(c) (hereinafter “Public Prosecutor”), who alleges the existence of violations of Proposition 65, with respect to occupational exposures as incorporated into the California Hazard Communication Standard (hereinafter “Supplemental Enforcement Matter”), shall comply with the requirements of this section. No Supplemental Enforcement Matter shall proceed except in compliance with the requirements of this section.

(b) 22 CCR §12903, setting forth specific requirements for the content and manner of service of sixty-day notices under Proposition 65, in effect on April 22, 1997, is adopted and incorporated by reference. In addition, any sixty-day notice concerning a Supplemental Enforcement Matter shall include the following statement:

“This notice alleges the violation of Proposition 65 with respect to occupational exposures governed by the California State Plan for Occupational Safety and Health. The State Plan incorporates the provisions of Proposition 65, as approved by Federal OSHA on June 6, 1997. This approval specifically placed certain conditions with regard to occupational exposures on Proposition 65, including that it does not apply to the conduct of manufacturers occurring outside the State of California. The approval also provides that an employer may use the means of compliance in the general hazard communication requirements to comply with Proposition 65. It also requires that supplemental enforcement is subject to the supervision of the California Occupational Safety and Health Administration. Accordingly, any settlement, civil complaint, or substantive court orders in this matter must be submitted to the Attorney General.”

(c) A Supplemental Enforcer or Public Prosecutor who commences a Supplemental Enforcement Matter shall serve a file-endorsed copy of the complaint upon the Attorney General within ten days after filing with the Court.

(d) A Supplemental Enforcer or Public Prosecutor shall serve upon the Attorney General a copy of any motion, or opposition to a motion for summary judgment or summary adjudication of issues, a demurrer, motion for preliminary or injunctive relief, or other dispositive motion, and all memoranda of points and authorities in support of or opposing such motions. These materials shall be served upon the Attorney General on the same day which they are served on the opposing party. A Supplemental Enforcer or Public Prosecutor shall serve upon the Attorney General any decision or order of a court granting or denying summary adjudication, a demurrer, preliminary or final injunctive relief, penalties, or damages relating to a Supplemental Enforcement Matter within five working days after receipt.

(e) A Supplemental Enforcer or Public Prosecutor who agrees to a settlement of a Supplemental Enforcement Matter shall serve the settlement upon the Attorney General within two working days after the agreement is signed by the parties. Where the settlement is submitted to a court for its approval, the Supplemental Enforcer or Public Prosecutor shall notify the court in writing upon presentation of the settlement of its submission to the Attorney General pursuant to this regulation. The submission to the Attorney General shall contain the entire agreement between the parties.

(f) When this section requires that any document or information be provided to the Attorney General, service shall be in a manner prescribed by Code of Civil Procedure §1010 et seq. The envelope in which the document is transmitted shall state prominently “Hazard Communication Standard/Proposition 65 Supplemental Enforcement Matter.” The Attorney General may then specify that further documents be served upon a particular office and deputy.

(g) The special procedures set forth in subsections (a) through (f) shall be followed for motions or other applications for judicial enforcement of any existing or future settlement agreements pertaining to Proposition 65, with reference to occupational exposures.

(h) Where, in the judgment of the Director and the Attorney General, a Supplemental Enforcer or Public Prosecutor has not complied with the provisions of this section, or the provisions of the OSHA approval decision of June 6, 1997, the Attorney General may seek to intervene in the action, or take such actions within his authority as he deems appropriate to assure compliance.

NOTE

Authority cited: Sections 54, 55 and 6380, Labor Code; and 62 Fed. Reg. 31159 (June 6, 1997). Reference: Sections 54, 55 and 6380, Labor Code; and 62 Fed. Reg. 31159 (June 6, 1997).

HISTORY

1. New section filed 10-12-2000; operative 10-12-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 41).

§339. The Hazardous Substances List.

Note • History

(a) Purpose. The following is the List of Hazardous Substances prepared by the Director pursuant to Labor Code Section 6380. The substances on this list are subject to the provisions of Labor Code Sections 6360 through 6399.7 and Section 5194 in Title 8 of the California Code of Regulations.

(b) Definitions.

(1) CAS number means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

(2) Source means the sublists which the Director used in preparing the Hazardous Substances List pursuant to Labor Code 6382. The source(s) of each hazardous substance on the list is designated by a number in the middle column of the list. The numbers represent the following sources: (1) International Agency for Research on Cancer (IARC); (2) Environmental Protection Agency lists pursuant to the Clean Air and Clean Water Acts; (3) General Industry Safety Order Section 5155; (4) California Department of Pesticide Regulation's list of Restricted Materials; (5) Information Alerts put out by the Hazard Evaluation and Information Service pursuant to Labor Code Section 147.2.

(3) Synonym means an entry in the list which refers to another entry. This type of entry may identify alternate names for a given substance or associate a particular substance with a class of substances. Synonyms appear in the list as entries of the form: Substance x; see Substance y. The synonym entries included in this list are not all inclusive.

HAZARDOUS SUBSTANCES LIST *

* An MSDS is not required for tapes, films, or extruded, molded or coated products containing listed hazardous substances in bound form except when these substances can be released in the workplace under normal conditions of work or in reasonably foreseeable emergencies resulting from workplace operations.

CAS No. Source Substance Footnotes

26148685 1 A-alpha-C (2-Amino-9H-

pyrido[2,3-b]indole)

3688537 1 AF-2 ([2-(2-Furyl)-3-

(5-nitro-2-furyl)] acrylamide)

86884 3 ANTU; see 1-(1-Naphthyl)-2-

thiourea

83329 2 Acenaphthene

75070 1,2,3 Acetaldehyde

60355 1 Acetamide

64197 2,3 Acetic acid 1

108247 2,3 Acetic anhydride

67641 3 Acetone

75865 2 Acetone cyanohydrin

75058 3 Acetonitrile

81812 3 3-(alpha-Acetonylbenzyl)-4-

hydroxycoumarin; see Warfarin

CAS No. Source Substance Footnotes

53963 3 2-Acetylaminofluorene

506967 2 Acetyl bromide

79367 2 Acetyl chloride

74862 3 Acetylene

540590 2,3 Acetylene dichloride

79276 3 Acetylene tetrabromide

79345 1,3 Acetylene tetrachloride

50782 3 Acetylsalicylic acid 37

107028 2,3,4 Acrolein

79061 1,3 Acrylamide

79107 3 Acrylic acid

107131 1,2,3,4 Acrylonitrile

50760 1 Actinomycin D

124049 2 Adlpic acid

23214928 1 Adriamycin

1 Aflatoxins

116063 4 Aldicarb

51285 2 Aldifen; see Dinitrophenols

309002 1,2,3,4 Aldrin

107186 2,3,4 Allyl alcohol

107051 2,3 Allyl chloride

106923 3 Allyl glycidyl ether 12

57067 1 Allyl isothiocyanate

2835394 1 Allyl isovalerate

2179591 3 Allyl propyl disulfide

3 Aluminum 3

3 Aluminum, alkyls

7429905 3 Aluminum metal and oxide

20859738 4 Aluminum phosphide

3 Aluminum pyro powders

3 Aluminum, soluble salts 2

10043013 2 Aluminum sulfate;

see Aluminum, soluble salts

117793 1 2-Aminoanthraquinone

60093 1 para-Aminoazobenzene

97563 1 o-Aminoazotoluene

1300738 3 Aminodimethylbenzene; see Xylidine

92671 1,3 4-Aminodiphenyl 31

75047 2 Aminoethane; see Ethylamine

141435 3 2-Aminoethanol; see Ethanolamine

82280 1 1-Amino-2-methylanthraquinone

91598 3 2-Aminonaphthalene;

see beta-Naphthylamine

712685 1 2-Amino-5-(5-nitro-2-

furyl)-1,3,4-thiadiazole

121664 1 2-Amino-5-nitrothiazole

504290 3 2-Aminopyridine

504245 4 4-Aminopyridine

1918021 4 4-Amino-3,5,6-trichloropicolinic

acid; see Picloram

2432997 1 11-Aminoundecanoic acid

61825 1,3 Amitrole

7773060 2 Ammate; see Ammonium

sulfamate

7664417 2,3 Ammonia

631618 2 Ammonium acetate

1863634 2 Ammonium benzoate

1066337 2 Ammonium bicarbonate

7789095 2 Ammonium bichromate;

see Chromium compounds

1341497 2 Ammonium bifluoride; see

Flouride and inorganic fluoride

compounds

10192300 2 Ammonium bisulfite

1111780 2 Ammonium carbamate

506876 2 Ammonium carbonate

3012655 2 Ammonium citrate dibasic

12125029 2,3 Ammonium chloride fume

7788989 2 Ammonium chromate;

see Chromium compounds

13826830 2 Ammonium fluoborate

12125018 2 Ammonium fluoride; see Fluoride,

and inorganic fluoride compounds

1336216 2 Ammonium hydroxide 29

6009707 2 Ammonium oxalate

16919190 2 Ammonium silicofluoride

7773060 2,3 Ammonium sulfamate

12135761 2 Ammonium sulfide

10196040 2 Ammonium sulfite

3164292 2 Ammonium tartrate

1762954 2 Ammonium thiocyanate

CAS No. Source Substance Footnotes

628637, 123922, 2,3 Amyl acetate, all isomers

626380, 625161

1 Anabolic steroids

(Androgenic steroids)

62533 1,2,3 Aniline

90040 1,3 o-Anisidine

104949 3 p-Anisidine

191264 1 Anthanthrene

120127 2 Anthracene

7440360 2,3 Antimony 3

2,3 Antimony compounds 4

7647189 2 Antimony pentachloride;

see Antimony compounds

28300745 2 Antimony potassium tartrate;

see Antimony compounds

7789619 2 Antimony tribromide;

see Antimony compounds

10025919 2 Antimony trichloride;

see Antimony compounds

77883564 2 Antimony trifluoride;

see Antimony compounds

1309644 2 Antimony trioxide

140578 1 Aramite®; see 2-(p-tert-

Butyphenoxy)isopropyl-2-

chloroethyl sulfite)

7440382 1,2,3,4 Arsenic and arsenic compounds 32

1303328 2 Arsenic disulfide;

see Arsenic and arsenic

compounds

1303282 1,2 Arsenic pentoxide; see

Arsenic and arsenic compounds

1327533 1,2 Arsenic trioxide; see

Arsenic and arsenic compounds

1303339 1,2 Arsenic trisulfide; see

Arsenic and arsenic compounds

784421 3 Arsine

1332214 1,2,3 Asbestos 5

8052424 3 Asphalt (petroleum) fumes 6

50782 3 Aspirin; see Acetylsalicylic acid

1912249 1,3,4 Atrazine

12174117 1 Attapulgite

492808 1 Auramine

12192573 1 Aurothioglucose

320672 1 5-Azacytidine

115026 1 Azaserine

446866 1 Azathioprine

86500 2,3,4 Azinphos methyl; see

O,O-Dimethyl S-(4-oxo-

benzotri-azino-3-methyl)

phosphorodithioate

151564 1 Aziridine; see Ethyleneimine

1072522 1 2-(1-Aziridinyl)ethanol

800248 1 Aziridyl benzoquinone

103333 1 Azobenzene

3333526 3 2,2'-Azobisisobutyronitrile

decomposition product; see

Tetramethyl succinonitrile

6923224 4 Azodrin; see

3-(Dimethoxyphosphinyloxy)-N-

methyl-cis-crotonamide

154938 1 BCNU; see 1,3-bis

(2-Chloroethyl)-1-nitrosourea

2426086 3 BGE; see n-Butyl glycidyl ether

58899 2 BHC; see Hexachlorocyclohexanes

319846 2 alpha-BHC

319857 2 beta-BHC

319869 2 delta-BHC

58899 2 gamma-BHC; see Lindane

86884 3 Bantu; see 1-(1-Naphthyl)-2-thiourea

101279 2 Barban

2,3 Barium, soluble compounds 2

542621 2 Barium cyanide; see

Cyanides, inorganic salts

17804352 3 Benomyl

25057890 4 Bentazon

225514 1 Benz[c]acridine

56553 1,2 Benz [a]anthracene

56553 2 1,2-Benzanthracene; see

Benz[a]anthracene

71432 1,2,3 Benzene

CAS No. Source Substance Footnotes

108907 2,3 Benzene chloride; see

Chlorinated benzenes

123319 3 1,4-Benzenediol; see Hydroquinone

108463 2 1,3-Benzenediol; see Resorcinol

118741 1,4 Benzene hexachloride; see

Chlorinated benzenes

531851, 531862, 1,2,3 Benzidine (and its salts) 31

92875

1 Benzidine-based dyes

205992 1,2 Benzo [b]fluoranthene

205823 1 Benzo[i[fluoranthene

207089 1,2 Benzo[k]fluoranthene

207089 2 11,12 Benzofluoranthene;

see Benzo[k]fluoranthene

205992 2 3,4 Benzofluoranthene; see

Benzo[b]fluoranthene

65850 2 Benzoic Acid 7

71432 3 Benzol; see Benzene

100470 2 Benzonitrile

191242 2 1,12-Benzoperylene

191242 2 Benzo(ghi)perylene; see

1,12-Benzoperylene

50328 1,2 Benzo [a]pyrene

91225 2 Benzo(b)pyridine; see Quinoline

105113 1 para-Benzoquinone dioxime

106514 3 p-Benzoquinone; see Quinone

98077 1 Benzotrichloride

98884 2 Benzoyl chloride

94360 3 Benzoyl peroxide

140114 1 Benzyl acetate

100447 1,2,3 Benzyl chloride

1694093 1 Benzyl violet 4B

7440417 1,2,3 Beryllium 34

7787475 1,2 Berrylium chloride; see

Beryllium compounds

1,2,3 Beryllium compounds

7787497 1,2 Beryllium fluoride; see

Beryllium compounds

7787555 2 Beryllium nitrate; see Beryllium

compounds

141662 4 Bidrin; see 3-Hydroxy-

N,N-dimethyl-cis-crotonamide

dimethyl phosphate

92524 3 Biphenyl

2168685 1 Bis(1-aziridinyl)morpholinophosphine

sulphide

111911 2 Bis(2-chloroethoxy) methane

111444 2,3 Bis(2-chloroethyl)ether; see

Chloroalkyl ethers

494031 1 N,N-Bis(2-chloroethyl)-2

-naphthylamine

154938 1 1,3-Bis(2-chloroethyl)-1 -nitrosourea

154938 1 Bischloroethyl nitrosourea;

see 1,3-Bis(2-chloroethyl)-

1-nitrosourea

13483186 1 1,2-Bis(chloromethoxy)ethane

56894981 1 1,4-Bis(chloromethoxymethyl)benzene

542881 1,3 Bis(chloromethyl) ether

108601 1 Bis(2-chloro-1-methylethyl) ether

108601 2 Bis(2-chloroisopropyl) ether

115322 1,2 1,1-Bis-(p-chlorophenyl)-2,2,2-

trichloroethanol(dicofol)

137268 3 Bis-(dimethylthiocarbamoyl) disulfide

2238075 3 Bis(2,3-epoxypropyl)ether; see

Diglycidyl ether

117817 2 Bis(2-ethylhexyl) phthalate; see

Phthalate esters

1304821 3 Bismuth telluride; see

Tellurium compounds

11056067 1 Bleomycins

129179 1 Blue VRS

3 Borates, tetra, sodium salts 8

1303862 3 Boron oxide 8

10294334 3 Boron tribromide

7637072 3 Boron trifluoride

3844459 1 Brilliant Blue FCF

314409 3 Bromacil

7726956 3 Bromine

7789302 3 Bromine pentafluoride

74975 3 Bromochloromethane

75274 2 Bromodichloromethane

74964 3 Bromoethane; see Ethyl bromide

593602 3 Bromoethylene; see Vinyl bromide

75252 2,3 Bromoform

CAS No. Source Substance Footnotes

74839 3 Bromomethane; see Methyl bromide

101553 2 4-Bromophenyl phenyl ether

75638 3 Bromotrifluoromethane

1689845 4 Bromoxynil

106990 1,2,3 1,3-Butadiene

106978 3 Butane

55981 1 1,4-Butanediol dimethanesulfonate

(Busulfan)

109795 3 Butanethiol; see n-Butyl mercaptan

71363 3 Butanol; see Butyl alcohol

78933 3 2-Butanone

123739 2 2-Butenal propylene aldehyde; see

Crotonaldehyde

2426086 3 1-Butoxy-2,3-epoxypropane; see

n-Butyl glycidyl ether

111762 3 2-Butoxyethanol; see Ethylene

glycol monobutyl ether

123864, 105464, 2,3 Butyl acetate, all isomers

540885, 110190

141322 3 Butyl acrylate

71363, 78922, 3 Butyl alcohol

75650

109739, 78819, 2,3 Butylamine, all isomers

513495, 13952846,

75649

25013165 1 Butylated hydroxyanisole

128370 1 Butylated hydroxytoluene; see 2,6-Di-

tert-butyl-p-cresol

85687 2 Butyl benzyl phthalate

299865 3 4-tert-Butyl-2-chlorophenylmethyl

methylphosphoramidate

1189851 3 tert-Butyl chromate; see Chromium

compounds

2426086 3 n-Butyl glycidyl ether 12

138227 3 n-Butyl lactate

109795 3 n-Butyl mercaptan

89725 3 o-sec-Butylphenol

140578 1 2-(p-tert-Butylphenoxy)isopropyl-

2-chloroethyl sulfite

84742 2 n-Butyl phthalate; see Phthalate esters

98511 3 p-tert-Butyltoluene

107926 2 Butyric acid

3068880 1 beta-Butyrolactone

13010474 1 CCNU; see 1-(2-Chloroethyl)-3-

cyclohexyl-1-nitrosourea

543908 1,2 Cadmium acetate; see Cadmium

compounds

7440439,

1306190 1,2,3,4 Cadmium and cadmium oxide 3

7789426 2 Cadmium bromide; see Cadmium

compounds

10108642 1,2 Cadmium chloride; see Cadmium

compunds

1,2,3,4 Cadmium compounds

7440702 2 Calcium

7778441 1,2,3 Calcium arsenate; see Arsenic and arsenic

compounds

52740166 2 Calcium arsenite; see Arsenic and arsenic

compounds

75207 2 Calcium carbide

13765190 1,2 Calcium chromate; see Chromium

compounds

156627 3 Calcium cyanamide

592018 2,4 Calcium cyanide; see Cyanides, inorganic

salts

26264062 2 Calcium dodecylbenzene-sulfonate 9

1305620 3 Calcium hydroxide

7778543 2 Calcium hypochlorite

1305788 3 Calcium oxide

76222 3 Camphor

56257 1 Cantharidin

105602 3 Caprolactam

2425061 1,3 Captafol

133062 1,2,3 Captan

63252 2,3,4 Carbaryl

86748 1 Carbazole

7786347 2,3,4 alpha-2-Carbomethoxy-1- methylvinyl

dimethyl phosphate(mevinphos)

7786347 3 2-Carbomethoxy-l-propen-2-yl

dimethyl phosphate; see alpha-2-

Carbomethoxy-l-methylvinyl

dimethyl phosphate

75150 2,4 Carbon bisulfide; see Carbon disulfide

1333864 1,3 Carbon black-Extracts 10

CAS No. Source Substance Footnotes

124389 3 Carbon dioxide

75150 2,3,4 Carbon disulfide

630080 3 Carbon monoxide

558134 3 Carbon tetrabromide

56235 1,2,3,4 Carbon tetrachloride

75445 2,3 Carbonyl chloride; see Phosgene

353504 3 Carbonyl Fluoride

786196 4 Carbophenothion

154938 1 Carmoisine; see 1,3-Bis(2-chloro-

ethyl)-1-nitrosourea

120809 3 Catechol

1310732 3 Caustic soda; see Sodium hydroxide

110805 5 Cellosolve; see Ethylene glycol mono-

ethyl ether

21351791 3 Cesium hydroxide

305033 1 Chlorambucil

56757 1 Chloramphenicol

57749 1,2,3,4 Chlordane

143500 1,2 Chlordecone

6164983 4 Chlordimeform

115286 1 Chlorendic acid

470906 4 Chlorfenvinphos

1,2,3 Chlorinated benzenes

8001352 3 Chlorinated camphene; see Toxaphene

2 Chlorinated cresols

55720995 3 Chlorinated diphenyl oxide

2 Chlorinated ethanes

2 Chlorinated naphthalenes, (other than

those listed elsewhere)

108171262 1 Chlorinated paraffins

2 Chlorinated phenols; see Chlorinated

cresols

1 a-Chlorinated toluenes

7782505 2,3 Chlorine

10049044 3 Chlorine dioxide

7790912 3 Chlorine trifluoride

494031 1 Chlornaphazine; see N,N-bis(2-

Chloroethyl)-2-naphthylamine

107200 3 Chloroacetaldehyde

532274 3 alpha-Chloroacetophenone

79049 3 Chloroacetyl chloride

1,2,3 Chloroalkyl ethers

108907 2,3 Chlorobenzene; see

Chlorinated benzenes

510156 1 Chlorobenzilate

2698411 3 o-Chlorobenzylidene-malononitrile

74975 3 Chlorobromomethane; see

Bromochloromethane

126998 3 2-Chloro-1,3-butadiene; see

Chloroprene

124481 2 Chlorodibromomethane

75456 1,3 Chlorodifluoromethane (FC-22)

53449219 3 Chlorodiphenyl; see Polychlorobiphenyls

106898 3 1-Chloro-2,3,-epoxypropane; see

Epichlorohydrin

75003 2,3 Chloroethane; see Ethyl chloride

107073 3 2-Chloroethanol; see Ethylene

chlorohydrin

13010474 1 1-(2-Chloroethyl)-3-cyclohexyl-1-

nitrosourea

75014 3 Chloroethylene; see Vinyl chloride

13909096 1 1-(2-Chloroethyl)-3-(4-methycyclo-

hexyl)-1-nitrosourea (Methyl

-CCNU)

110758 2 2-Chloroethyl vinyl ether

593704 1 Chlorofluoromethane

67663 1,2,3 Chloroform

75445 2 Chloroformyl chloride; see Phosgene

59507 2 para-Chloro-meta-cresol

74873 3 Chloromethane; see Methyl chloride

107302 3 Chloromethyl methyl ether; see Methyl

chloromethyl ether

91587 2 2-Chloronaphthalene

100005 3 1-Chloro-4-nitrobenzene; see p-

Nitrochlorobenzene

600259 3 1-Chloro-1-nitropropane

76153 3 Chloropentafluoroethane

95578 2 2-Chlorophenol; see Chlorophenols

1 Chlorophenols

1 Chlorophenoxy herbicides

95830 1 4-Chloro-o-phenylenediamine

7005723 2 4-Chlorophenyl phenyl ether

76062 3,4 Chloropicrin

126998 2,3 Chloroprene

CAS No. Source Substance Footnotes

1331288 3 o-Chlorostyrene

7790945 2 Chlorosulfonic acid

1897456 1 Chlorothalonil

95498 3 o-Chlorotoluene

100447 3 alpha-Chlorotoluene; see Benzyl chloride

95692 1 p-Chloro-o-toluidine

7745893 4 3-Chloro-p-toluidine hydrochloride

1929824 3 2-Chloro-6-(trichloromethyl) pyridine

75887 1 2-Chloro-1,1,1-trifluoroethane

2921882 2,3 Chlorpyrifos

1066304 2 Chromic acetate; see Chromium

compounds

11115745 2 Chromic acid; see Chromium compounds

10101538 2 Chromic sulfate; see Chromium

compounds

7440473 2,3 Chromium 3

1,2,3 Chromium compounds

7440473 3 Chromium metal; see Chromium

11115745 2 Chromium troixide; see Chromium

compounds

10049055 2 Chromous chloride; see Chromium

compounds

14977618 3 Chromyl chloride;

218019 1,2 Chrysenes; see Polynuclear aromatic

hydrocarbons

532821 1 Chrysoidine

87296 1 Cinnamyl anthranilate

108316 2,3 Cis-butenedioic anhydride; see Maleic

anhydride

15663271 1 Cisplatin

51875 1 Citrinin

6358538 1 Citrus Red no. 2

637070 1 Clofibrate

1420048 4 Clonitralid

2971906 3 Clopidol

3 Coal (Bituminous) dust

65996932 1 Coal-tar pitches

8007452 1,3 Coal tar pitch volatiles 11

7440484 2,3 Cobalt 3,34

10210681 3 Cobalt carbonyl

16842038 3 Cobalt hydrocarbonyl

7789437 2 Cobaltous bromide

544183 2 Cobaltous formate

14017415 2 Cobaltous sulfamate

62748 4 Compound 1080; see Sodium

fluoroacetate

7440508 2,3 Copper 3

2,3 Copper compounds 39

3 Cotton dust 27

56724 2 Coumaphos

91645 1 Coumarin

8001589 1 Creosotes

120718 1 p-Cresidine

95487, 106445, 2,3 Cresol (all isomers)

108394,1319773

123739 2,3 Crotonaldehyde

299865 3 Crufomate; see 4-tert-Butyl (-2-chlor-

ophenylmethyl) methylphos-

phoramidate

98828 3 Cumene

142712 2 Cupric acetate; see Copper compounds

12002038 2 Cupric acetoarsenite; see Copper

compounds

7447394 2 Cupric chloride; see Copper compounds

3251238 2 Cupric nitrate; see Copper compounds

5893663 2 Cupric oxalate; see Copper compounds

10380297 2 Cupric sulfate, ammoniated; see Copper

compounds

7758987 2 Cupric sulfate; see Copper compounds

815827 2 Cupric tartrate; see Copper compounds

420042 3 Cyanamide

2,3,4 Cyanides, inorganic salts

100470 2 Cyanobenzene; see Benzonitrile

460195 3 Cyanogen

506774 2,3 Cyanogen chloride

14901087 1 Cycasin

1 Cyclamates

110827 2,3 Cyclohexane

108930 3 Cyclohexanol

108941 3 Cyclohexanone

110838 3 Cyclohexene

66819 4,5 Cycloheximide

108918 3 Cyclohexylamine

CAS No. Source Substance Footnotes

121824 3 Cyclonite; see

Cyclotrimethylenetrinitramine

542927 3 Cyclopentadiene

12079651 3 Cyclopentadienyltriocarbonyl

manganese;

see Manganese compounds

287923 3 Cyclopentane

27208373 1 Cyclopenta[c,d]pyrene

50180 1 Cyclophosphamide

6055192

121824 3 Cyclotrimethylene-trinitramine

13121705 3 Cyhexatin; see Tin compounds

94757 2,3,4 2,4-D

94111, 94791, 94804, 2 2,4-D esters (2,4-dichloro-

1320189, 1928387, phenoxyacetic acid esters)

1928616, 1929733,

2971382, 25168267,

53467111

94826 4 2,4-DB (2,4-dichloro- phenoxybutyric

acid)

72548 2,4 DDD; see TDE

72548 2 4,4-DDD; see TDE

72559 2 DDE; see 1,1-Dichloro-2,2-bis(p-

chlorophenyl)-ethylene

72559 2 4,4-DDE; see 1,1-Dichloro-2,2-bis(p-

chlorophenyl)-ethylene

120365 4 2,4-DP (2,4-dichlorophenoxy-propionic

acid)

50293 1,2,3,4 DDT-(1,1,1-trichloro-2,2-bis

(p-chlorophenyl)ethane)

50293 2 4,4-DDT; see DDT

62737 3 DDVP; see Dichlorvos

78488 4 DEF; see S,S,S Tributyl

phosphorotrithioate

2238075 3 DGE; see Diglycidyl ether

68122 3 DMF; see N,N-Dimethylformamide

57147 3 DMH; see Dimethylhydrazine (all

isomers)

81889 1 D&C Red No. 19; see Rhodamine B

432034 1 Dacarbazine

80080 1 Dapsone

115902 4 Dasanit; see O,O-Diethyl O-[4-

(methylsulfinyl) phenyl]

phosphorothioate

20830813 1 Daunomycin

17702419 3 Decaborane

8065483 3,4 Demeton

298033 2 Demeton-O

126750 2 Demeton-S

123422 3 Diacetone alcohol; see 4-Hydroxy-

4-methyl-2-pentanone

613354 1 N,N'-Diacetylbenzidine

10311849 4 Dialifor

2303164 1 Diallate

615054 1 2,4-Diaminoanisole

39156417 1 2,4-Diaminoanisole sulfate

92875 3 4,4'-Diaminobiphenyl; see Benzidine

(and its salts)

91941 3 4,4'Diamino-3,3'-dichlorobiphenyl;

see Dichlorobenzidine and its salts

101814 1 4,4'-Diaminodiphenyl ether

107153 2,3 1,2-Diaminoethane; see Ethylenediamine

95807 1 2,4-Diaminotoluene

119904 1 ortho-Dianisidine; see 3,3-Dimethoxy-

benzidine

333415 2,3 Diazinon

334883 1,3 Diazomethane

226368 1 Dibenz [a,h]acridine

224420 1 Dibenz [a,j]acridine

53703 1,2 Dibenz [a,h]anthracene

215587 1 Dibenz[a,c]anthracene

224419 1 Dibenz[a,j]anthracene

53703 2 1,2,5,6-Dibenzanthracene; see

Dibenz[a,h] anthracene

1,2 Dibenzanthracenes; see Polynuclear

aromatic hydrocarbons

194592 1 7H-Dibenzo [c,g]carbazole

5385751 1 Dibenzo[a,e]fluoranthene

192472 1 Dibenzo[h,rst]pentaphene

192654 1 Dibenzo [a,e]pyrene

189640 1 Dibenzo [a,h]pyrene

189559 1 Dibenzo [a,i]pyrene

191300 1 Dibenzo[a,l]pyrene

92842 3 Dibenzothiazine; see Phenothiazine

CAS No. Source Substance Footnotes

94360 3 Dibenzoyl Perozide; see Benzoyl

peroxide

19287457 3 Diborane

300765 2 Dibrom; see O,O-Dimethyl O-

(1,2-dibromo-2,2-dichloroethyl)

phosphate

96128 1,3 1,2-Dibromo-3-chloropropane

75616 3 Dibromodifluoromethane

106934 2,3 1,2-Dibromoethane; see Ethylene

dibromide

102818 3 2-(Dibutylamino) ethanol

128370 1,3 2,6-Di-tert-butyl-p-cresol 7

107664 3 Dibutyl phosphate

84742 3 Dibutyl phthalate; see Phthalate esters

84742 2 Di-n-butyl phthalate; see Phthaltate

esters

1918009 2,4 Dicamba

1194656 2 Dichlobenil

117806 2 Dichlone

7572294 1,3 Dichloroacetylene

541731 2 m-Dichlorobenzene

106467 1,2,3 p-Dichlorobenzene

95501 2,3 o-Dichlorobenzene

95501 2 1,2-Dichlorobenzene; see o-

Dichlorobenzene

541731 2 1,3-Dichlorobenzene; see m-

Dichlorobenzene

106467 2 1,4-Dichlorobenzene; see p-

Dichlorobenzene

225321226 1,2,3 Dichlorobenzenes; see Chlorinated

benzenes

1,2,3 Dichlorobenzidine (and its salts)

91941 1,2,3 3,3'-Dichlorobenzidine; see

Dichlorobenzidene (and its salts)

72548 2 1,1-Dichloro-2,2-bis(p-chlorophenyl)

ethane; see TDE

72559 2,4 1,1-Dichloro-2,2-bis

(p-chlorophenyl) ethylene

75274 2 Dichlorobromomethane; see

Bromodichloromethane

28434868 1 3,3'-Dichloro-4,4'-diaminodiphenyl

ether

75718 3 Dichlorodifluoromethane (FC-12)

118525 3 1,3-Dichloro-5,5-dimethyl-hydantoin

107062 1,2 1,2-Dichloroethane; see Ethylene

dichloride

75343 2,3 1,1-Dichloroethane; see Ethylidene

chloride

156605 2 1,2-trans-Dichloroethylene

540590 2,3 1,2-Dichloroethylene; see Acetylene

dichloride

75354 2,3 1,1 Dichloroethylene; see Vinylidene

chloride

111444 ,1,3 Dichloroethyl ether; see Chloroaikyl

ethers

75092 3 Dichloromethane; see Methylene chloride

75434 3 Dichloromonofluoromethane (FC-21)

117806 2 Dichloronaphthoquinone; see Dichlone

594729 3 1,1-Dichloro-1-nitroethane

120832 2 2,4-Dichlorophenol

94757 2,3,4 2,4-Dichlorophenoxyacetic acid; see

2,4-D

609201 1 2,6-Dichloro-para-phenylenediamine

1836755 1,4 2,4-Dichlorophenyl p-nitrophenyl ether

26638197, 78875, 1,2,3 Dichloropropanes

142289, 78999

78875 1,2 1,2-Dichloropropane; see

Dichloropropanes

8003198 2 Dichloropropene-dichloropropane

(mixture)

26952238, 542756, 1,2,3,4 Dichloropropenes

78886

709988 4 3,4-Dichloropropionanilide; see Propanil

75990 2,3 2,2-Dichloropropionic acid

8003198 2 1,2-Dichloropropylene

76142 3 1,2-Dichloro-1,1,2,2-tetrafluoro-ethane

(FC-114)

62737 2 2,2-Dichlorovinyl dimethyl phosphate;

see Dichlorvos

62737 1,2,3 Dichlorvos

102307, 99309 2 Dicloran

115322 1,2 Dicofol; see 1,1-Bis(p-chlorophenyl)-2,

2,2-trichloroethanol

CAS No. Source Substance Footnotes

5124301 3 Dicyclohexylmethane-4,4'- diisocyanate

77736 3 Dicyclopentadiene

102545 3 Dicyclopentadienyl iron

60571 1,2,3,4 Dieldrin

84173 1 Dienestrol

1464535 1 Diepoxybutane 12

111422 3 Diethanolamine

109897 2,3 Diethylamine

100378 3 2-(Diethylamino)ethanol

12391 3 1,4-Diethylene dioxide; see p-Dioxane

111400 3 Diethylenetriamine

60297 3 Diethyl ether; see Ethyl ether

298044 3 O,O-Diethyl S-2-(ethylthio)ethyl

phosphorodithioate; see Disulfoton

298022 3 O,O-Diethyl S-(ethylthio)methyl

phosphorodithioate; see Phorate

103231 1 Di(2-ethylehexyl)adipate

117817 1 Di-(2-ethylhexyl) phthalate; see

Phthalate esters

1615801 1 1,2-Diethylhydrazine

333415 3 O,O-Diethyl O-(2-isopropyl-6-methy-

4-pyrimidinyl phosphorothioate; see

Diazinon

96220 3 Diethyl ketone

115902, 115913 3,4 O,O-diethyl O-[4-(methylsufiny)

phenyl] phosphorothioate

(fensulfothion)

56382 3 O,O-Diethyl O-(p-nitrophenyl)

phosphorothioate; see Parathion

84662 2,3 Diethyl phthalate; see Phthalate esters

56531 1 Diethylstilbestrol

64675 1 Diethyl sulfate

75616 3 Difluorodibromomethane; see

Dibromodifluoromethane

2238075 3 Diglycidyl ether

101906 1 Diglycidyl resorcinol ether

1563662 2,3,4 2,3-Dihydro-2,2-dimethyl-7-benzo-

furanyl methylcarbamate (carbofuran)

94586 1 Dihydrosafrole

123319 3 p-Dihydroxybenzene; see Hydroquinone

108463 2 meta-Dihydroxybenzene; see Resorcinol

794934 1 Dihydroxymethylfuratrizine

108838 3 Diisobutyl ketone

108189 3 Diisopropylamine

108203 3 Diisopropyl ether; see Isopropyl ether

828002 1 Dimethoxane

119904 1 3,3'-Dimethoxybenzidine

91930 1 3,3'-Dimethoxybenzidine-4,4'-

diisocyanate

109875 3 Dimethoxymethane; see Methylal

6923224 3,4 3-(Dimethoxyphosphinyloxy)-N-

methyl-cis-crotonamide

(Monocrotophos)

127195 3 N,N-Dimethylacetamide

124403 2,3 Dimethylamine

60117 1,3 4-Dimethylaminoazobenzene

1300738 3 Dimethylaminobenzene; see Xylidine

55738540 1 trans-2-[(Dimethylamino) methylimino]

-5-[2-(5-nitro-2-furyl)vinyl]-

1,3,4-oxadiazole

121697 3 N,N-Dimethylaniline

108383 2,3 Dimethylbenzene; see Xylene, all isomers

119937 1 3,3'-Dimethylbenzidine

108849 3 1,3-Dimethylbutyl acetate; see sec-

Hexyl acetate

79447 1 Dimethylcarbamoyl chloride

300765 2,3 0,0-Dimethyl 0-(1,2-dibromo-2,

2-dichloroethyl) phosphate (Naled)

121755 3 O,O-Dimethyl S-(1,2-

dicarboethoxyethyl)

phosphorodithioate; see Malathion

8022002 3 O,O-Dimethyl O-(2-(ethylthio)-ethyl)

phosphorothioate and O,O-Dimethyl

S-(2-(ethylthio)-ethyl) phosphoro-

thioate mixture; see Methyl demeton

68122 3 N,N-Dimethylformamide

108838 3 2,6-Dimethyl-4-heptanone; see

Diisobutyl ketone

540738 1 1,2-Dimethylhydrazine

57147, 540738 1,3 Dimethylhydrazine (all isomers)

67641 3 Dimethyl ketone; see Acetone

CAS No. Source Substance Footnotes

115902, 115913 3,4 0,0-Dimethyl 0-[p-(methylsulfinyl)

-phenyl]phosphorothioate

(fensulfothion)

55389 3 O,O-dimethyl O-[3-methyl-4

(methylthio) phenyl]

phosphorothioate; see Fenthion

298000 3 O,O-Dimethyl O-(p-nitrophenyl)

phosphorothioate; see Methyl

parathion

62759 1,3 N,N-Dimethylnitrosamine; see

N-Nitrosodimethylamine

86500 2,3,4 0,0-Dimethyl S-(4-oxo-benzotri-

azino-3-methyl) phosphorodithioate

(Azinphos methyl)

105679 2 2,4-Dimethylphenol

1300716 2 Dimethylphenol; see Xylenol

121697 3 Dimethylphenylamine; see N,N-

Dimethylaniline

10265926 4 0,S-Dimethyl phosphoramidothioate

950378 4 0,0-Dimethyl phosphorodithioate, S-

ester with 4-(mercaptomethyl)-

2-methoxy-02-1,3,4-

thiadiazolin-5-one

77781 2,3 Dimethyl phthaltate; see Phthalate esters

77781 1,3 Dimethyl sulfate

299843 2,3 O,O-Dimethyl

O-(2,4,5-trichlorophenyl)

phosphorothioate; see Ronnel

148016 3 Dinitrolmide; see 3,5-Dinitro-o-

toluamide

25154545, 99650, 2,3 Dinitrobenzenes, all isomers

100254, 528290

25154545 2 Dinitrobenzol; see Dinitrobenzenes, all

isomers

534521 2,3,4 4,6-Dinitro-o-cresol

534521 2 Dinitrocresol; see Nitrophenols, all

isomers

51285 2,4 2,4-Dinitrophenol; see Dinitrophenols

51285, 329715, 2,4 Dinitrophenols

573568

42397648 1 1,6-Dinitropyrene

43977659 1 1,8-Dinitropyrene

148016 3 3,5-Dinitro-o-toluamide

606202 2 2,6-Dinitrotoluene

121142 2 2,4-Dinitrotoluene

25321146, 121142, 2,3 Dinitrotoluenes, all isomers

121142, 606202,

610399, 602017,

619518

88857 4 Dinoseb

117840 2 Di-n-octyl phthalate

117817 3 Di-sec-octyl phthalate; see Phthalate

esters

123911 3 1,4-Dioxacyclohexane; see p-Dioxane

123911 1,3 p-Dioxane

123911 1 1,4-Dioxane; see p-Dioxane

78342 3,4 2,3-p-Dioxanedithiol S,S-bis (0,0-

diethyl phosphorodithioate)

(dioxathion)

78342 3,4 Dioxathion; see 2,3-p-Dioxanedithiol

S,S-bis (O,O-diethyl

phosphorodithioate)

92524 3 Diphenyl; see Biphenyl

122394 3 Diphenylamine

57410 1 Diphenylhydantoin (Phenytoin)

630933 1 Diphenylhydantoin (Phenytoin), sodium

salt

38622183 2 Diphenylhydrazine

122667 2 1,2-Diphenylhydrazine; see

Hydrazobenzene

101688 3 Diphenylmethane diisocyanate; see

Methylene bis(4-phenylisocyanate)

34590948 3 Dipropylene glycol monomethyl ether

123193 3 Dipropyl ketone

85007, 2764729 2,3 Diquat

1937377 1 Direct Black 38 (technical grade)

2602462 1 Direct Blue 6 (technical grade)

16071866 1 Direct Brown 95

2475458 1 Disperse Blue 1

97778 3 Disulfiram

298044 2,3,4 Disulfoton

CAS No. Source Substance Footnotes

298044 2,4 Disyston; see Disulfoton

1189851 3 Di-tert-butyl chromate; see Chromium

compounds

330541 2,3 Diuron

108576 3 Divinyl benzene

27176870 2 Dodecylbenzenesulfonic acid 9

23214928 1 Doxorubicin hydrochloride; see

Adriamycin

60004 2 EDTA

115297 2,3,4 Endosulfan

959988 2 alpha-Endosulfan

33213659 2 beta-Endosulfan

1031078 2 Endosulfan-sulfate

72208 2,3,4 Endrin

7421934 2 Endrin aldehyde

106898 1,2,3 Epichlorohydrin 12

2104645 3,4 EPN

106876 1 1-Epoxyethyl-3,4-epixycyclohexane;

see Vinyl cyclohexene dioxide

4016142 3 1,2-Epoxy-3-isopropoxypropane;

see Isopropyl glycidyl ether

141377 1 3,4-Epoxy-6-methylcyclohexyimethyl-

3,4-epoxy-6-methylcyclohexane

carboxylate

122601 3 1,2-Epoxy-3-phenoxypropane; see

Phenyl glycidyl ether

75569 3 1,2-Epoxypropane; see Propylene oxide

556525 3 2,3-Epoxypropanol; see Glycidol

12510428 1 Erionite

75058 3 Ethanenitrile; see Acetonitrile

75081 3 Ethanethiol; see Ethyl mercaptan

64175 1,3 Ethanol; see Ethyl alcohol

141435 3 Ethanolamine

463514 3 Ethenone; see Ketene

57636 1 Ethinyloestradiol

563122 2,3,4 Ethion

536334 1 Ethionamide

110805 3 2-Ethoxyethanol; see Ethylene glycol

monoethyl ether

111159 3 2-Ethoxyethanol acetate; see Ethylene

glycol monoethyl ether acetate

141786 3 Ethyl acetate

140885 1,3 Ethyl acrylate

64175 1,3 Ethyl alcohol 13

75047 2,3 Ethylamine

541855 3 Ethyl sec-amyl ketone

100414 2,3 Ethylbenzene

74964 3 Ethyl bromide

106354 3 Ethyl butyl ketone

75003 3 Ethyl chloride

510156 1 Ethyl-4,4'-dichlorobenzilate; see

Chlorobenzilate

13194484 4 0-Ethyl S,S-dipropyl phosphorodithioate

(ethoprop)

85007 3 1,1'-Ethylene-2,2'-bipyridinium

dibromide; see Diquat

107073 3 Ethylene chlorohydrin

107153 2,3 Ethylenediamine

106934 1,2,3,4,5 Ethylene dibromide 33

107062 1,2,3,4 Ethylene dichloride

107211 3 Ethylene glycol 14

628966 3 Ethylene glycol dinitrate

111762 2,3 Ethylene glycol monobutyl ether

110805 3,5 Ethylene glycol monoethyl ether

111159 3,5 Ethylene glycol monoethyl ether acetate

109864 3,5 Ethylene glycol monomethyl ether

110496 3,5 Ethylene glycol monomethyl ether acetate

151564 1,3 Ethyleneimine

75218 1,2,3,5 Ethylene oxide 12

420122 1 Ethylene sulphide

96457 1 Ethylenethiourea

79016 2 Ethylene trichloride; see Trichlorethylene

60297 3 Ethyl ether

109944 3 Ethyl formate

75343 3 Ethylidene chloride

16219753 3 Ethylidene norbornene

75081 3 Ethyl mercaptan

62500 1 Ethyl methanesulphonate

563122 2 Ethyl methylene; see Ethion

78933 3 Ethyl methyl ketone; see 2-Butanone

22224926 3,4 Ethyl 3-methyl-4-(methylthio)-phenyl

(1-methylethyl) phosphoramidate

100743 3 N-Ethylmorpholine

CAS No. Source Substance Footnotes

2104645 3 O-Ethyl O-(p-nitrophenyl)

phenylphosphonothioate; see EPN

759739 1 N-Ethyl-N-Nitrosourea; see N-Nitroso-

N-ethylurea

56382 2,4 Ethyl parathion; see Parathion

78104 3 Ethyl silicate

100743 3 4-Ethyl-1,4-tetrahydrooxazine; see

N-Ethylmorpholine

110805 3 2-Ethyoxyethanol; see Ethylene glycol

monoethyl ether

97530 1 Eugenol

314136 1 Evans blue

2353459 1 Fast Green FCF

22224926 3,4 Fenamiphos; see Ethyl-3-methyl-4

(methylthio)phenyl (1-methylethyl)

phosphoramidate

115902 3 Fensulfothion; see O,O-Diethyl O-

[4-(methylsulfinyl)phenyl]

phosphorothioate

55389 3 Fenthion

101428 2 Fenuron

4482557 2 Fenuron-TCA

14484641 3,4 Ferbam

1185575 2 Ferric ammonium citrate; see Iron salts,

soluble

2944674 2 Ferric ammonium oxalate; see Iron salts,

soluble

7705080 2 Ferric chloride; see Iron salts, soluble

14484641 3 Ferric N,N-dimethylthiocarbamate;

see Ferbam

7783508 2 Ferric fluoride; see Iron salts, soluble

10421484 2 Ferric nitrate; see Iron salts, soluble

10028225 2 Ferric sulfate; see Iron salts, soluble

10045893 2 Ferrous ammonium sulfate; see Iron salts,

soluble

7758943 2 Ferrous chloride; see Iron salts, soluble

7720787 2 Ferrous sulfate; see Iron salts, soluble

12604589 3 Ferrovanadium dust 3

206440 2 Fluoranthene

53963 3 n-Fluoren-2-yl-acetamide; see 2-

Acetylamino-fluorene

2,3 Fluoride, and inorganic fluoride

compounds

7782414 2,3 Fluorine

640197 4 Fluoroacetamide/1081

75694 3 Fluorocarbon 11; see

Fluorotrichlormethane

75718 3 Fluorocarbon 12; see

Dichlorodifluoromethane

75434 3 Fluorocarbon 21; see

Dichloromonofluoromethane

75456 3 Fluorocarbon 22; see

Chlorodifluoromethane

76120 3 Fluorocarbon 112; see 1,1,2,2-

Tetrachloro-1,2-difluoroethane

76131 3 Fluorocarbon 113; see 1,1,2-

Trichloro-1,2,2-trifluoroethane

76142 3 Fluorocarbon 114; see

1,2-Dichloro-1,1,2,2-

tetrafluoroethane

75694 3 Fluorotrichloromethane

150505 4 Folex; see s,s,s-Tributyl

phosphorotritthioite

133073 4 Folpet

944229 3,4 Fonofos

50000 1,2,3 Formaldehyde

75127 3 Formamide

64186 2,3 Formic acid

3570750 1 2-(2-Formylhydrazino)-4-(5-

nitro-2-furyl) thiazole

110178 2 Fumaric acid 15

6164983 4 Fundal; see Chlordimeform

98011 2 2-Furaldehyde; see Furfural

98011 2,3 Furfural

98000 3 Furfuryl alcohol

6164983 4 Galecron; see Chlordimeform

8006619 3 Gasoline 16

7782652 3 Germanium tetrahydride

3 Glass, fibrous or dust 38

67730114 1 Glu-P-1 (2-Amino-6-

methyldipyrido[1,2-a:3',2'-

d]imidazole

CAS No. Source Substance Footnotes

67730103 1 Glu-P-2 (2-Aminodipyrido[1,2-a:3',2'

-d]imidazole)

111308 3 Glutaraldehyde

765344 1 Glycidaldehyde

556525 3 Glycidol 12

7782425 3 Graphite 17

126078 1 Griseofulvin

4680788 1 Guinea Green B

86500 2 Guthion; see O,O-Dimethyl S-(4-

oxobenzotriazino-3-methyl)

phosphorodithioate

16568028 1 Gyromitrin (Acetaldehyde

methylformylhydrazone)

822060 3 HDI; see Hexamethylene diisocyanate

7440586 3 Hafnium

2 Haloethers (other than those listed else-

where, includes chloro-phenylphenyl

ethers, bromophenylphenyl ether,

bis(dichloroisopropyl) ether, bis

(chloroethoxy) methane and

polychlorinated diphenyl ethers)

2 Halomethanes

2784943 HC Blue 1

76448 1,2,3,4 Heptachlor

1024573 2 Heptachlor epoxide

76448 3 1,4,5,6,7,8,8,-Heptachloro-3a,

4,7,7a-tetrahydro-4,7-

methanoindene; see Heptachlor

142845 3 n-Heptane

106354 3 3-Heptanone; see Ethyl butyl ketone

110430 3 2-Heptanone; see Methyl n-amyl ketone

118741 1,2 Hexachlorobenzene; see Benzene

hexachloride

87683 1,2,3 Hexachlorobutadiene

608731 2 Hexachlorocyclohexane

1 Hexachlorocyclohexanes

77474 2,3 Hexachlorocyclopentadiene

72208 3 1,2,3,4,10,10-Hexachloro-6,7-epoxy-,

1,4,4a,5,6,7,8,8a-octahydro-1,4,-

endo-endo-5,8-dimethano

naphthalene and methabolites; see

Endrin

60571 3 1,2,3,4,10,10-Hexachloro-6,7-epoxy-

1,4,4a,5,6,7,8,8a-octahydro-1,4,-

endo-exo-5,8-dimethanonaphtha-

lene; see Dieldrin

67721 1,2,3 Hexachloroethane

115297 3 6,7,8,9,10,10-Hexachloro-

1,5,5a,6,9,9a-hexahydro-6,9-

methano-2,4,3-benzodioxathiepin-

3-oxide; see Endosulfan

309002 3 1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a-

hexahydro-endo-1,2-exo-5,8-di-

methanonaphthalene; see Aldrin

1335871 2,3 Hexachloronaphthalene

70304 2 Hexachlorophene (HCP)

684162 3 Hexafluoroacetone

684162 3 1,1,1,3,3,3,-Hexafluoro-2-propanone;

see Hexafluoroacetone

822060 3 Hexamethylene diisocyanate

680319 1 Hexamethylphosphoramide

3 Hexane (all isomers)

591786 3 2-Hexanone; see Methyl n-butyl ketone

108101 3 Hexone; see Methyl isobutyl ketone

108849 3 sec-Hexyl acetate

107415 3 Hexylene glycol

86544 1 Hydralazine

302012 1,3 Hydrazine

10035106 3 Hydrobromic acid; see Hydrogen

bromide

7647010 2,3 Hydrochloric acid; see Hydrogen chloride

74908 2,3,4 Hydrocyanic acid; see Hydrogen cyanide

7664393 2,3 Hydrofluoric acid; see Hydrogen fluoride

1333740 3 Hydrogen

5124301 3 Hydrogenated MDI; see

Dicyclohexylmethane-4,4'-

diisocyanate

3 Hydrogenated terphenyls

10035106 3 Hydrogen bromide

7647010 2,3 Hydrogen chloride

74908 2,3,4 Hydrogen cyanide

7664393 2,3 Hydrogen fluoride

7722841 1,3 Hydrogen peroxide

CAS No. Source Substance Footnotes

7783075 2 Hydrogen selenide; see Selenium and

selenium compounds

7783064 2,3 Hydrogen sulfide

123319 3 Hydroquinone

141662 3,4 3-Hydroxy-N,N-dimethyl-cis-croto-

namide dimethyl phosphate

(dicrotophos)

6923224 3 3-Hydroxy-N-methyl-cis-crotonamide

dimethyl phosphate; see 3-

(Dimethoxyphosphinyloxy)-N-

methyl-ciscrotonamide

123422 3 4-Hydroxy-4-methyl-2-pentanone

999611 3 Hydroxypropyl acrylate

4016142 3 IGE; see Isopropyl glycidyl ether

4098719 3 IPDI; see Isophorone diisocyanate

76180966 1 IQ; (2-Amino-3-

methylimidazo[4,5-f]quinoline)

95316 3 Indene

193395 1,2 Indeno(1,2,3-cd)pyrene

2,3 Indium and indium compounds

7553562 3 Iodine

75478 3 Iodoform

7439896 2 Iron

9004664 1 Iron dextran

8050939 1 Iron-dextrin complex

1309371 3 Iron oxide fume

13463406 3 Iron pentacarbonyl

2,3 Iron salts, soluble 18

15503863 1 Isatidine

12392 3 Isoamyl acetate; see Amyl acetate

123513 3 Isoamyl alcohol

110190 3 Isobutyl acetate (2-methylpropyl acetate)

78831 3 Isobutyl alcohol

78819 2 Isobutylamine; see Butylamine, all

isomers

54853 1 Isonicotinic acid hydrazide (Isoniazid)

26952216 3 Isooctyl alcohol

78591 2,3 Isophorone

4098719 3 Isophorone diisocyanate

3778732 1 Isophosphamide

78795 2 Isoprene

42504461 2 Isopropanolamine dodecyl-

benzenesulfonate 9

109591 3 Isopropoxyethanol

114261 3 2-Isopropoxyphenyl N-methylcarbamate

(propoxur)

108214 3 Isopropyl acetate

67630 1,3 Isopropyl alcohol

75310 3 Isopropylamine

643287 3 N-Isopropylaniline

98828 3 Isopropylbenzene; see Cumene

108203 3 Isopropyl ether

4016142 3 Isopropyl glycidyl ether 12

120581 1 Isosafrole

115322 2 Kelthane; see 1,1-Bis(p-chlorophenyl)-

2,2,2-trichloroethanol

143500 1,2 Kepone; see Chlordecone

463514 3 Ketene

16752775 4 Lannate; see S-Methyl N-((methyl

carbamoyl)oxy)-thioacetimidate

303344 1 Lasiocarpine

7439921 1,2,3 Lead 3

301042 2 Lead acetate; see Lead compounds

7784409, 7645252, 2,3 Lead arsenate; see Lead compounds

10102480

7758954 2 Lead chloride; see Lead compounds

7758976 3 Lead chromate; see Chromium

compounds

1,2,3 Lead compounds

13814965 2 Lead fluoborate; see Lead compounds

7783462 2 Lead fluoride; see Lead compounds

10101630 2 Lead iodide; see Lead compounds

10099748 2 Lead nitrate; see Lead compounds

7446277 1 Lead phosphate; see Lead compounds

7428480, 1072351, 2 Lead stearate; see Lead compounds

52652592

1335326 1 Lead subacetate; see Lead compounds

7446142 2 Lead sulfate; see Lead compounds

1314870 2 Lead sulfide; see Lead compounds

78002 2,3 Lead tetraethyl; see Lead compounds

75741 3 Lead tetramethyl; see Lead compounds

592870 2 Lead thiocyanate; see Lead compounds

5141208 1 Light Green SF

CAS No. Source Substance Footnotes

58899 2,3,4 Lindane and other

Hexachlorocyclohexane isomers

330552 2 Linuron

14307358 2 Lithium chromate; see Chromate

compounds

7580678 3 Lithium hydride

21884446 1 Luteoskyrin

101144 3 MBOCA; see 4,4'-Methylene bis(2-

chloroaniline)

94746 4 MCPA (2-methyl-4-chloro-

phenoxyacetic acid)

101779 3 MDA; see 4,4'-Methylene dianiline

101688 3 MDI; see Methylene

bis(4-phenylisocyanate)

68006837 1 MeA-a-C (2-Amino-3-methyl-9H-

pyrido [2,3-b]indole)

78933 3 MEK; see 2-Butanone

101144 1 MOCA; see 4,4'-Methylene

bis(2-chloroaniline)

1 MOPP

7439954 2 Magnesium

1309484 3 Magnesium oxide 3

121755 2,3 Malathion

110167 2 Maleic acid

108316 2,3 Maleic anhydride

7439965 2,3 Manganese 3

3 Manganese compounds

12079651 3 Manganese, cyclopentadienyl-

tricarbonyl

1317537 3 Manganese tetroxide; see

Manganese compounds

551746 1 Mannomustine

71589 1 Medroxyprogesterone acetate

148823 1 Melphalan

2032657 2 Mercaptodimethur

592041 2 Mercuric cyanide; see Mercury

and mercury compounds

10045940 2 Mercuric nitrate; see Mercury

and mercury compounds

7783359 2 Mercuric sulfate; see Mercury

and mercury compounds

592858 2 Mercuric thiocyanate; see Mercury

and mercury compounds

7782867 2 Mercurous nitrate; see Mercury

and mercury compounds

2,3,4 Mercury and mercury compounds

531760 1 Merphalan

108678 3 Mesitylene; see Trimethylbenzene

(all isomers)

141797 3 Mesityl oxide

72333 1 Mestranol

2032657 2 Mesurol; see Mercaptodimethur

79414 3 Methacrylic acid

74931 2,3 Methanethiol; see Methyl mercaptan

67561 3 Methanol; see Methyl alcohol

2032657 2 Methiocarb; see Mercaptodimethur

16752775 3,4 Methomyl; see 5-Methyl

N-[(methylcarbamoyl)oxy]-

thioacetanide

298817 1 Methoxsalen (with ultraviolet therapy)

72435 2,3 Methoxychlor

109864 3 2-Methoxyethanol; see Ethylene

glycol monomethyl ether

110496 3 2-Methoxyethyl acetate; see Ethylene

glycol monomethyl ether acetate

150765 3 4-Methoxyphenol

484208 5-Methoxypsoralen

298817 1 8-Methoxypsoralen; see Methoxsalen

79209 3 Methyl acetate

74997 3 Methyl acetylene

3 Methyl acetylene-propadiene mixture

123739 3 beta-Methylacrolein; see

Crotonaldehyde

96333 3 Methyl acrylate

126987 3 alpha-Methylacrylonitrile

109875 3 Methylal

67561 3 Methyl alcohol 30

74895 2,3 Methylamine

108112 3 Methyl amyl alcohol; see

Methyl isobutyl carbinol

110430 3 Methyl n-amyl ketone

1 5-Methylangelicin

100618 3 N-Methylaniline

95534 1,3 o-Methylaniline

CAS No. Source Substance Footnotes

75558 1,3 2-Methylaziridine

590965 1 Methylazoxymethanol

592621 1 Methylazoxymethyl acetate

74839 1,2,3,4 Methyl bromide

78795 2 2-Methyl-1,3-butadiene; see Isoprene

123513 3 3-Methylbutanol; see Isoamyl alcohol

123922 3 3-Methylbutyl acetate; see

Amyl acetate, all isomers

591786 3 Methyl n-butyl ketone

13909096 1 Methyl-CCNU; see

1-(2-Chloroethyl)-3-(4-

methylcyclohexyl)-1-nitrosourea

109864 5 Methyl Cellosolve®; see

Ethylene glycol monomethyl ether

74873 2,3 Methyl chloride

71556 2,3 Methyl chloroform

107302 1,3 Methyl chloromethyl ether 31

3351324 1 2-Methylchrysene

3351313 1 3-Methylchrysene

3351302 1 4-Methylchrysene

3697243 1 5-Methylchrysene

1705857 1 6-Methylchrysene

75058 3 Methyl cyanide; see Acetonitrile

137053 3 Methyl 2-cyanoacrylate

108872 3 Methylcyclohexane

1331233, 591231, 3 Methylcyclohexanol, all isomers

583595, 25639423

583608 3 o-Methylcyclohexanone

12108133 3 2-Methylcyclopentadienyl

manganese tricarbonyl

8022002 3 Methyl demeton

534521 2,3 2-Methyl-4,6-dinitrophenol;

see 4,6-Dinitro-O-cresol

99809 1 N-Methyl-N,4-Dinitrosoaniline

75092 1,2,3,5 Methylene chloride

101144 1,3 4,4'-Methylene bis(2-chloroaniline)

5124301 3 Methylene bis(4-cyclohexylisocyanate);

see Dicyclohexylmethane-

4,4'-diisocyanate

101611 1 4,4'-Methylene

bis(N,N-dimethyl)benzenamine

838880 1 4,4'-Methylene bis(2-methylaniline)

101688 3 Methylenebis(4-phenyl isocyanate)

101779 1,3 4,4'-Methylenedianiline

13552448 4,4'-Methylenedianiline

dihydrochloride

78933 3 Methyl ethyl ketone; see 2-Butanone

1338234 3 Methyl ethyl ketone peroxide

33543316 1 2-Methylfluoranthene

107313 3 Methyl formate

541855 3 5-Methyl-3-heptanone; see

Ethyl sec-amyl ketone

60344 3 Methyl hydrazine

74884 1,3 Methyl iodide

110123 3 Methyl isoamyl ketone

108112 3 Methyl isobutyl carbinol

108101 3 Methyl isobutyl ketone

624839 3 Methyl isocyanate

563804 3 Methyl isopropyl ketone

74931 2,3 Methyl mercaptan

80626 2,3 Methyl methacrylate

66273 1 Methyl methanesulfonate

16752775 3,4 S-Methyl N-[(methylcarbamoyl)oxy]-

thioacetamidate

(Methomyl)

80626 2,3 Methyl 2-methyl-2-propenoate;

see Methyl methacrylate

129157 1 2-Methyl-1-nitroanthraquinone

70257 1 N-Methyl-N'-nitro-N-nitroso-

guanidine

684935 1 N-Methyl-N-Nitrosourea; see

N-Nitroso-N-methylurea

615532 1 N-Methyl-N-Nitrosourethane;

see N-Nitroso-N-methylurethane

298000 2,3,4 Methyl parathion

108112 3 4-Methyl-2-pentanol; see

Methyl isobutyl carbinol

141797 3 4-Methyl-3-pentene-2-one;

see Mesityl oxide

108849 3 4-Methyl-2-pentyl acetate; see

sec-Hexyl acetate

98839 3 1-Methyl-l-phenylethene; see

alpha Methylstyrene

CAS No. Source Substance Footnotes

78831 3 2-Methylpropanol; see Isobutyl alcohol

110190 3 2-Methylpropyl acetate; see

Isobutyl acetate

107879 3 Methyl propyl ketone; see 2-Pentanone

54115 3 1-Methyl-2-(3-pyridyl)

pyrrolidine; see Nicotine

681845 3 Methyl silicate

98839 3 alpha-Methylstyrene

77781 3 Methyl sulfate; see Dimethyl sulfate

58184 1 Methyl testosterone

56042 1 Methylthiouracil

484208 1 5-Methyoxypsoralen

443481 1 Metronidazole

7786347 2,3,4 Mevinphos; see

alpha-2-Carbomethoxy-1-

methylvinyl dimethyl phosphate

315184 2 Mexacarbate

12001262 3 Mica 19

3 Mineral wool fiber

2385855 1,2 Mirex

50077 1 Mitomycin C

13194484 4 Mocap; see O-Ethyl S,S

dipropyl phosphorodithioate

2212671 4 Molinate

7439987 2,3 Molybdenum 3

3 Molybdenum compounds 20

10265926 4 Monitor; see O,S-Dimethyl

phosphoramidothioate

108907 2,3 Monochlorobenzene; see

Chlorinated benzenes

315220 1 Monocrotaline

6923224 3,4 Monocrotophos; see 3-

(Dimethoxyphosphinyloxy)-N-

methyl-cis-crotonamide

75047 2 Monoethylamine; see Ethylamine

74895 2 Monomethylamine; see

Methylamine

100618 3 Monomethylaniline; see

N-Methylaniline

60344 3 Monomethyl hydrazine; see

Methyl hydrazine

150685 1,2 Monuron

140410 2 Monuron-TCA

110918 3 Morpholine

139913 1 5-(Morpholinomethyl)-3-

[(5-nitrofurfurylidene)-amino]

-2-oxazolidinone

7647010 2 Muriatic acid; see Hydrogen chloride

505602 1 Mustard Gas

25551284 3 NDI; see Naphthalene diisocyanate

139139 2 NTA; see Nitrilotriacetic acid

3771195 1 Nafenopin

300765 3 Naled; see O,O-Dimethyl O-

(1,2-dibromo-2,2 dichloroethyl)

phosphate

8030317 3 Naphtha, coal tar

91203 2,3 Naphthalene

2243621 1 1,5-Naphthalenediamine

25551284 3 Napthalene diisocyanate

1338245 2 Naphthenic acid

134327 3 1-Naphthylamine; see

alpha-Naphthylamine

91598 1 2-Naphthylamine; see

beta-Naphthylamine

134327 3 alpha-Naphthylamine

91598 1,3 beta-Naphthylamine 31

63252 3 1-Naphthyl N-methylcarbamate;

see Carbaryl

86884 3 1-(1-Naphthyl)-2-thiourea

22224926 4 Nemacur; see Ethyl 3-methyl-

4-(methylthio) phenyl

(1-methyl ethyl) phosphoramidate

563122 2 Nialate; see Ethion

7440020 1,2,3 Nickel 3

15699180 2 Nickel ammonium sulfate;

see Nickel compounds

13463393 3 Nickel carbonyl; see Nickel compounds

37211055 2 Nickel chloride; see Nickel compounds

7718549 1,2,3 Nickel compounds

12054487 2 Nickel hydroxide; see Nickel compounds

14216752 2 Nickel nitrate; see Nickel compounds

12035722 1 Nickel subsulphide; see

Nickel compounds

778614 2 Nickel sulfate; see Nickel compounds

54115 3,4 Nicotine

CAS No. Source Substance Footnotes

56382 2 Niran; see Parathion

61574 1 Niridazole

139946 1 Nithiazide

1929824 3 Nitrapyrin; see 2-Chloro-

6-(trichloromethyl) pyridine

7697372 2,3 Nitric acid

10102439 3 Nitric oxide

139139 2 Nitrilotriacetic acid

602879 1 5-Nitroacenaphthene

100016 3 p-Nitroaniline

99592 1 5-Nitro-o-anisidine

98953 2,3 Nitrobenzene

100005 3 p-Nitrochlorobenzene

7496028 1 6-Nitrochrysene

92933 3 4-Nitrodiphenyl 31

79243 3 Nitroethane

1836755 1 Nitrofen (technical grade); see

2,4-Dichlorphenyl p-nitrophenyl ether

607578 1 2-Nitrofluorene

59870 1 Nitrofurazone

555840 1 1-[(5-Nitrofurfurylidene)-amino]-2-

imidazolidinone

531828 1 N-4-[(5-Nitro-2-furyl)- 2-thiazolyl]

acetamide

10102440 2,3 Nitrogen dioxide

51752, 55867 1 Nitrogen mustard and its hydrochloride

302705, 126852 1 Nitrogen mustard N-oxide and its

hydrochloride

10102440 2,3 Nitrogen tetroxide; see Nitrogen dioxide

7783542 3 Nitrogen trifluoride

55630 3 Ntroglycerin

75525 3 Nitromethane

25154556, 554847, 2 Nitrophenols, all isomers

88755, 100027

79469 1,3 2-Nitropropane; see Nitropropanes

108032, 794691 3 Nitropropanes

57835924 1 4-Nitropyrene

5522430 1 1-Nitropyrene

2 Nitrosamines

1133648 1 N'-Nitrosoanabasine

924163 1 N-Nitroso-di-n-butylamine

1116547 1 N-Nitrosodiethanolamine

55185 1 N-Nitrosodiethylamine

62759 1,2,3 N-Nitrosodimethylamine

86306 1,2 N-Nitrosodiphenylamine

621647 1,2 N-Nitroso-di-n-propylamine

759739 1 N-Nitroso-N-ethylurea

60153493 1 3-(N-Nitrosomethylamino)propionitrile

64091914 1 4-(N-Nitrosomethylamino)-1-

(3-pyridyl)-1-butanone (NNK)

10595956 1 N-Nitrosomethylethylamine

684935 1 N-Nitroso-N-methylurea

615532 1 N-Nitroso-N-methylurethane

4549400 1 N-Nitrosomethylvinylamine

59892 1 N-Nitrosomorpholine

16543558 1 N-Nitrosonornicotine

100754 1 N-Nitrosopiperidine

930552 1 N-Nitrosopyrrolidine

13256229 1 N-Nitrososarcosine

1321126, 88722, 2,3 Nitrotoluenes

99081, 99990

76062 3 Nitrotrichloromethane; see

Chloropicrin

10024972 3 Nitrous oxide

111842 3 Nonane

68224 1 Norethisterone

51989 1 Norethisterone acetate

2698411 3 OCBM; see

O-Chlorobenzylidine malonitrile

152169 4 OMPA; see Schradan

303479 1 Ochratoxin A

2234131 2,3 Octachloronaphthalene

57749 3 1,2,4,5,6,7,8,8-Octachloro

3a,4,7,7a,-tetrahydro-4,7-

methanoindane; see Chlordane

111659 3 Octane

50282 1 Oestradiol-17B

22966796 1 Oestradiol mustard

1 Oestrogens, steroidal

1 Oestrogens, nonsteroidal

53167 1 Oestrone

1,2,3 Oil mist, particulate 21

CAS No. Source Substance Footnotes

2646175 1 Oil orange SS

1 Oral contraceptives, certain

Oestrogen-progestin combinations

20816120 3 Osmium tetroxide

144627 3 Oxalic acid

604751 1 Oxazepam

301122 4 Oxydemetonmethyl

7783417 3 Oxygen difluoride

10028156 3 Ozone 22

1,2,3 PCB; see Polychlorobiphenyls

12674112 2 PCB-1016; see Polychlorobiphenyls

11104282 2 PCB-1221; see Polychlorobiphenyls

11141165 2 PCB-1232; see Polychlorobiphenyls

53469219 2 PCB-1242; see Polychlorobiphenyls

12672296 2 PCB-1248; see Polychlorobiphenyls

11097691 2 PCB-1254; see Polychlorobiphenyls

11096825 2 PCB-1260; see Polychlorobiphenyls

82688 2 PCNB; see Quintozene

(Pentachloronitrobenzene)

87865 2,3 PCP; see Pentachlorophenol

6423434 3 PGDN; see Propylene glycol

dinitrate

122601 3 PGE; see Phenyl glycidyl ether

7440053 2 Palladium

794394 1 Panfuran S; see

Dihydroxymethylfuratrizine

8002742 3 Paraffin wax fume

30525894 2 Paraformaldehyde

2074502, 1910425 3,4 Paraquat

10048325 1 Parasorbic acid

56382 2,3,4 Parathion

90653 1 Penicillic acid

19624227 3 Pentaborane

76017 1 Pentachloroethane

1321648 2,3 Pentachloronaphthalene

87865 2,3 Pentachlorophenol

109660 3 Pentane

107879 3 2-Pentanone

77474 2 Perchlorocyclopentadiene; see

Hexachlorocyclo-pentadiene

67721 3 Perchloroethane; see

Hexachloroethane

127184 1,2,3,5 Perchloroethylene

594423 3 Perchloromethyl mercaptan

7616946 3 Perchloryl fluoride

72560 2 Perthane

60102376 1 Petasitenine

62442 1 Phenacetin

532274 3 Phenacyl chloride; see

alpha-Chloroacetophenone

85018 2 Phenanthrene

136403, 94780 1 Phenazopyridine and its hydrochloride

156514 1 Phenelzine sulphate

103037 1 Phenicarbazide

50066 1 Phenobarbital

108952 2,3 Phenol

2 Phenolic compounds (4AAP)

2 Phenols

92842 3 Phenothiazine

59861, 63923 1 Phenoxybenzamine and its hydrochloride

122394 3 n-Phenylaniline; see Diphenylamine

92524 3 Phenylbenzene; see Biphenyl

100470 2 Phenyl cyanide; see Benzonitrile

106503 3 p-Phenylenediamine

100414 2 Phenylethane; see Ethylbenzene

101848 3 Phenyl ether, vapor 14

100425 2,3 Phenylethylene; see Styrene, monomer

122601 1,3 Phenyl glycidyl ether 12

100630 3 Phenylhydrazine

108985 3 Phenyl mercaptan

135886 1 N-Phenyl-2-naphthylamine

132274 1 o-Phenylphenate, sodium; see

Sodium ortho-phenylphenate

638211 3 Phenylphosphine

57410 1 Phenytoin; see Diphenylhydantoin

298022 3,4 Phorate

4104144 4 Phosacetim

7786347 2,4 Phosdrin; see alpha-2-

Carbomethoxy-1-methylvinyl

dimethyl phosphate

75445 2,3 Phosgene

13171216 4 Phosphamidon

7803512 3 Phosphine

7664382 2,3 Phosphoric acid

CAS No. Source Substance Footnotes

563122 2 Phosphorodithioate; see Ethion

7723140 2,3 Phosphorus

10025873 2,3 Phosphorus oxychloride

10026138 3 Phosphorus pentachloride

1314803 2,3 Phosphorus pentasulfide

7719122 2,3 Phosphorus trichloride

121755 2 Phosphothion; see Malathion

1,2,3 Phthalate esters 36

85449 3 Phthalic anhydride

626175 3 m-Phthalodinitrile

1918021 1,3,4 Picloram

88891 3 Picric acid

83261 3 Pindone; see 2-Pivalyl-1,3-indandione

142643 3 Piperazine dihydrochloride

83261 3 2-Pivalyl-1,3-indandione (pindone)

744064 2,3 Platinum, metal

3 Platinum, soluble salts

1 Polybrominated biphenyls

1336363, 53449219, 1,2,3 Polyhlorobiphenyls

11097691 2 Polychlorinated biphenyls; see

Polychlorobiphenyls

2 Polycyclic Organic Matter; see

Polynuclear aromatic hydrocarbons

1,2 Polynuclear aromatic hydrocarbons 23

3 Polytetrafluoroethylene, decomposition

products

9003398 1 Polyvinyl pyrrolidone

3761533 1 Ponceau MX

3564098 1 Ponceau 3R

7440097 2 Potassium

7784410 2 Potassium arsenate; see

Arsenic and arsenic compounds

10124502 2 Potassium arsenite; see

Arsenic and arsenic compounds

7778509 2 Potassium bichromate; see

Chromuim compounds

23746341 1 Potassium bis(2-hydroxyethyl)

dithiocarbamate

7758012 1 Potassium bromate

7789006 2 Potassium chromate; see

Chromium compounds

151508 2 Potassium cyanide; see

Cyanides, inorganic salts

1310583 2,3 Potassium hydroxide

7722647 2 Potassium permanganate

366701 1 Procarbazine hydrochloride

57830 1 Progesterone

1 Progestins

51025 1 Pronetalol hydrochloride

120714 1 1,3-Propane sultone

709988 4 Propanil

2312358 2,4 Propargite

107197 3 Propargyl alcohol

122429 2 Propham

57578 1,3 beta-Propiolactone

79094 2,3 Propionic acid

123626 2 Propionic anhydride

114261 2,3 Propoxur; see 2-Isopropoxyphenyl

N-methylcarbamate

109604 3 n-Propyl acetate

71238 3 n-Propyl alcohol

627123 1 n-Propyl carbamate

115071 3 Propylene

78875 2,3 Propylene dichloride; see

Dichloropropanes

6423434 3 Propylene glycol dinitrate

107982 3 Propylene glycol monomethyl ether

75558 3 Propyleneimine; see 2-Methylaziridine

75569 1,2,3 Propylene oxide 12

627134 3 n-Propyl nitrate

51525 1 Propylthiouracil

74997 3 Propyne; see Methylacetylene

107197 3 2-Propyn-l-ol; see Propargyl alcohol

87625625 1 Ptaquiloside

129000 2 Pyrene

121299, 121211 2 Pyrethrins

8003347 3 Pyrethrum

110861 3 Pyridine

58140 1 Pyrimethamine

120809 3 Pyrocatechol; see Catechol

98011 2 Pyromucic aldehyde; see Furfural

117359 1 Quercetin

91225 2 Quinoline

CAS No. Source Substance Footnotes

106514 3 Quinone

82688 1 Quintozene (Pentachloronitrobenzene)

121824 3 RDX; see

Cyclotrimethylenetrinitramine

2 Radionuclides

13982633 2 Radium 226

10043922 1 Radon

86884 3 Ratrack; see l-(1-Naphthyl)-2-thiourea

50555 1 Reserpine

108463 2,3 Resorcinol

480546 1 Retrorsine

989388 1 Rhodamine 6G

81889 1 Rhodamine B

7440166 3 Rhodium 3

3 Rhodium compounds

36791045 5 Ribavirin

13292461 1 Rifampicin

299843 2,3 Ronnel

3 Rosin core solder, pyrolysis products 24

83794 3 Rotenone, commercial

3 Rubber solvent (naphtha)

8047674 1 Saccharated iron oxide

94597 1 Safrole

152169 4 Schradan

2,3 Selenium and selenium compounds

7783791 3 Selenium hexafluoride; see

Selenium and selenium compounds

7446084 2 Selenium oxide; see Selenium

and selenium compounds

563417 1 Semicarbazide hydrochloride

2318185 1 Senkirkine

136787 3 Sesone; see Sodium 2-

(2,4-dichlorophenoxy) ethyl sulfate

63252 2,4 Sevin; see Carbaryl

68308349 1 Shale-oils

1982496 2 Siduron

7803625 3 Silane

7631869 1,3 Silica 25, 35

7803625 3 Silicon tetrahydride; see Silane

7440224 2,3 Silver 3

2,3 Silver compounds 26

7761888 2 Silver nitrate; see Silver compounds

93721 2,4 Silvex; see 2,4,5 TP acid

3 Soapstone 19

7440235 2 Sodium

7631892 2 Sodium arsenate; see

Arsenic and arsenic compounds

7784465 2 Sodium arsenite; see

Arsenic and arsenic compounds

26628228 3 Sodium azide

10588019 2 Sodium bichromate; see

Chromium compounds

1333831 2 Sodium bifluoride; see

Fluoride and fluoride compounds

7631905 2,3 Sodium bisulfite

7775113 2 Sodium chromate; see

Chromium compounds

143339 2,4 Sodium cyanide; see

Cyanides, inorganic salts

136787 3 Sodium 2-(2,4-dichlorophenoxy)-ethyl

sulfate

25155300 2 Sodium dodecylbenzene-sulfonate 9

7681494 2 Sodium fluoride; see

Fluoride and fluoride compounds

62748 3,4 Sodium fluoroacetate

16721805 2 Sodium hydrosulfide

1310732 2,3 Sodium hydroxide

7681529 2 Sodium hypochlorite

7681574 3 Sodium metabisulfite

124414 2 Sodium methylate

7632000 2 Sodium nitrite

132274 1 Sodium ortho-phenylphenate

7558794, 10039324, 2 Sodium phosphate, dibasic

10140655

778544, 7601549, 2 Sodium phosphate, tribasic

10101890, 10361894,

7758294, 10124568

10102188 2 Sodium selenite; see

Selenium and selenium compounds

1 Soots, tars, and certain mineral oils

52017 1 Spironolactone

7745893 4 Starlicide; see 3-Chloro-p-

toluidine hydrochloride

CAS No. Source Substance Footnotes

10048132 1 Sterigmatocystin

7803523 3 Stibine; see Antimony compounds

8052413 3 Stoddard solvent

18883664 1 Streptozotocin

7440246 2 Strontium

7789062 2 Strontium chromate; see

Chromium compounds

57249 2,3,4 Strychnine

100425 1,2,3 Styrene, monomer

96093 1 Styrene oxide

1395217, 9014011 3 Subtilisins (proteolytic enzymes)

108305 1 Succinic anhydride

842079 1 Sudan I

3118976 1 Sudan II

95067 1 Sulfallate

723466 1 Sulfamethoxazole

3689245 3,4 Sulfotepp; see Tetraethyl

dithiopyrophosphate

7704349 2 Sulfur

10025679 2 Sulfur chloride; see Sulfur

monochloride

7446095 3 Sulfur dioxide

2551624 3 Sulfur hexafluoride

7664939 2,3 Sulfuric acid

7790945 2 Sulfuric chlorohydrin; see

Chlorosulfonic acid

10025679 2,3 Sulfur monochloride

5714227 3 Sulfur pentafluoride

7783600 3 Sulfur tetrafluoride

2699798 3 Sulfuryl fluoride

35400432 3 Sulprofos

950378 4 Surpracide; see

O,O-Dimethyl phosphorodithioate,

S-ether with

4-(mercaptomethyl)-2-methoxy-

O2-1,3,4-thiadiazolin-5-one

1918189 2 Swep

8065483 4 Systox; see Demeton

93765 2,3,4 2,4,5-T; 2,4,5-Trichloro-phenoxyacetic

acid

6369966, 6369977, 2 2,4,5-T amines

1319728, 3813147

2545597, 93798, 2 2,4,5-T esters;

61792072, 1928478, 2,4,5-trichlorophenoxyacetic acid

25168154 esters

13560991 2 2,4,5-T salt; acetic acid, 2,4,5-

trichlorophenoxy- sodium salt

93721 2,4 2,4,5-TP acid; propanoic acid,

2-(2,4,5-trichlorophenoxy)-

32534955 2 2,4,5-TP ester; propanoic acid,

2-(2,4,5-trichlorophenoxy)-, isooctyl

ester)

1746016 1,2 TCDD; see 2,3,7,8-

Tetrachlorodibenzo-p-dioxin

78308 3 TCP; see Tri-o-creysl phosphate

72548 2,4 TDE

584849 3 TDI; see Tolulene-2,4-diisocyanate

3689245 3 TEDP; see Tetraethyl

dithionopyrophosphate

107493 2,3,4 TEPP; see Tetraethyl pyrophosphate

109999 3 THF; see Tetrahydrofuran

118967 3 TNT; see 2,4,6-Trinitrotoluene

115866 3 TPP; see Triphenyl phosphate

14807966 1,3 Talc 19

1 Tannic acid and tannins

7440257 2,3 Tantalum 3

1314610 3 Tantalum oxide

10028167 3 Tellurium 3

3 Tellurium compounds

7783804 3 Tellurium hexafluoride; see

Tellurium compounds

3383968 3 Temephos; see Tetramethyl

O, O'-thio-di-p-phenylene

phosphorothiate

8001501 1 Terpene polychlorinates (Strobane6®)

3 Terphenyls

58220 1 Testosterone (and its esters)

315377 1 Testosterone enanthate

79276 3 1,1,2,2-Tetrabromoethane; see

Acetylene tetrabromide

1746016 1,2 2,3,7,8-Tetrachlorodibenzo-p-dioxin

76119 3 1,1,1,2-Tetrachloro-2, 2-difluoroethane

CAS No. Source Substance Footnotes

72548 2 Tetrachlorodiphenylethane; see TDE

603206 1 1,1,1,2-Tetrachloroethane

76120 3 1,1,2,2-Tetrachloro-1,2- difluoroethane

(FC-112)

79345 1,2,3 1,1,2,2-Tetrachloroethane; see

Acetylene tetrachloride

127184 2,3,5 Tetrachloroethylene; see

Perchloroethylene

56235 2,3 Tetrachloromethane; see

Carbon tetrachloride

1335882 2,3 Tetrachloronaphthalene

961115 1 Tetrachlorvinphos

3689245 3,4 Tetraethyl dithiopyrophosphate

(Sulfotepp)

78002 2 Tetraethyl lead; see Lead compounds

107493 2,3,4 Tetraethyl pyrophosphate

78104 3 Tetraethyl silicate; see Ethyl silicate

109999 3 Tetrahydrofuran

110918 3 Tetrahydro-4H-1-4-oxazine;

see Morpholine

75741 3 Tetramethyl lead; see Lead

compounds

681845 3 Tetramethyl silicate; see

Methyl silicate

3383968 3 Tetramethyl 0,0'-thio-di-p-phenylene

phosphorothioate (temephos)

3333526 3 Tetramethyl succinonitrile

(decomposition product of 2,2'

-azobisisobutyronitrile)

137268 3 Tetramethyl thiuran disulfide; see

Bis(dimethylthiocarbamoyl)

disulfide

509148 3 Tetranitromethane

7722885 3 Tetra sodium pyrophosphate

479458 3 Tetryl

7440280 2 Thallium 3

2,3 Thallium compounds

10031591, 7446186 2 Thallium sulfate; see

Thallium compounds

298022 4 Thimet; see Phorate

62555 1 Thioacetamide

28249776 4 Thiobencarb

96695 3 4,4'-Thiobis(6-tert-butyl-m-cresol)

115297 2 Thiodan; see Endosulfan

139651 1 4,4'-Thiodianiline

68111 3 Thioglycolic acid

7719097 3 Thionyl chloride

52244 1 Thiotepa; see Tris(1-aziridinyl)

phosphine sulphide

141902 1 Thiouracil

62566 1 Thiourea

137268 3 Thiram; see

Bis(dimethylthiocarbamyl) disulfide

7440315 2,3 Tin 3

3 Tin compounds

7440326 2 Titanium

1836755 4 Tok; see 2,4-Dichlorophenyl-p-

nitrophenyl ether

119937 1 o-Tolidine; see 3,3'-

Dimethylbenzidine

108883 2,3 Toluene

584849 1,3 Toluene-2, 4-diisocyanate

26471625, 91087, 1 Toluene diisocyanates

26471625, 584849

108441 3 m-Toluidine

106490 3 p-Toluidine

95534 3 o-Toluidine; see o-Methylaniline

636215 1 ortho-Toluidine; hydrochloride

108883 2,3 Toluol; see Toluene

10311849 4 Torak; see Dialifor

8001352 1,2,3,4 Toxaphene

14567738 3 Tremolite

299752 1 Treosulfan

299752 1 Treosulphan; see Treosulfan

75252 3 Tribomomethane; see Bromoform

126738 3 Tributyl phosphate

78488 4 S,S,S-Tributyl phosphoro-trithioate

150505 4 S,S,S-Tributyl phosphorotrithioite

4 Tributyltin, coatings containing

52686 2 Trichlorfon

76039 3 Trichloroacetic acid

120821 2,3 1,2,4-Trichlorobenzene; see

Chlorinated benzenes

CAS No. Source Substance Footnotes

50293 3 1,1,1-Trichloro-2-2,bis

(p-chlorophenyl) ethane; see DDT

72435 3 1,1,1-Trichloro-2,2-bis

(p-methoxphenyl)-ethane;

see Methoxychlor

79005 1,2,3 1,1,2-Trichloroethane

71556 2,3 1,1,1-Trichloroethane; see

Methyl chloroform

79016 3 Trichloroethene; see Trichloroethylene

79016 1,2,3 Trichloroethylene

75694 3 Trichlorofluoromethane; see

Fluorotrichloromethane

67663 2,3 Trichloromethane; see Chloroform

594423 3 Trichloromethanethiol; see

Perchloromethyl mercaptan

1321659 2,3 Trichloronaphthalene

76062 3 Trichloronitromethane; see Chloropicrin

88062 2 2,4,6-Trichlorophenol; see

Trichlorophenols

25167822, 1,2 Trichlorophenols

15950660, 933788,

933755, 95954,

609198, 88062

136254 2 2-(2,4,5-Trichlorophenoxy)

ethyl 2,2-dichloropropionate (Erbon)

96184 3 1,2,3-Trichloropropane

76131 2,3 1,1,2-Trichloro-1,2, 2-trifluoroethane

(FC-113)

78308 3 Tri-o-cresyl phosphate

13121705 3 Tricyclohexyltin hydroxide; see

Tin compounds

27323417 2 Triethanolamine

dodecylbenzenesulfonate 9

121448 2,3 Triethylamine

1954285 1 Triethylene glycol diglycidyl ether

75638 3 Triflorobromomethane; see

Bromotrifluoromethane

1582098 1,2 Trifuralin

552307 3 Trimellitic anhydride

75503 2,3 Trimethylamine

137177 1 2,4,5-Trimethylaniline

3 Trimethylbenzene (all isomers)

78591 3 3,5,5-Trimethyl-2-cyclohexene-

1-one; see Isophorone

121459 3 Trimethyl phosphite

88891 3 2,4,6-Trinitrophenol; see Picric acid

479458 3 2,4,6-Trinitrophenylmethylnitramine;

see Tetryl

118967 3 2,4,6-Trinitrotoluene

78308 3 Tri-ortho-cresyl phosphate;

Tri-o-cresyl phosphate

603349 3 Triphenylamine

115866 3 Triphenyl phosphate

68768 1 Tris(aziridinyl)-para-benzoquinone;

(Triaziquone)

52244 1 Tris(1-aziridinyl)phosphine sulfide

51183 1 2,4,6-Tris(1-aziridinyl)-s-triazine

38571732 1 1,2,3-Tris(chloromethoxy)propane

126727 1 Tris(2,3-dibromopropyl) phosphate

786196 4 Trithion; see Carbophenothion

62450060 1 Trp-P-1 (Tryptophan-P-1)

62450071 1 Trp-P2 (Tryptophan-P-2)

72571 1 Trypan blue (commercial grade)

7440337 2,3 Tungsten, Tungsten compounds 3,34

8006642 3 Turpentine

66751 1 Uracil mustard

7440611 2,3 Uranium 3,34

2,3 Uranium compounds

541093 2 Uranyl acetate; see Uranium compounds

10102064 2 Uranyl nitrate; see Uranium compounds

51796 1 Urethane

8030306 3 VM & P (Varnish Makers & Painters)

naphtha

110623 3 Valeraldehyde

7440622 2 Vanadium

1314621 2,3 Vanadium pentoxide 3

27774136 2 Vanadyl sulfate

62737 2 Vapona; see Dichlorvos

108054 2,3 Vinyl acetate

100425 2 Vinylbenzene; see Styrene, monomer

593602 1,3 Vinyl bromide

75014 1,2,3 Vinyl chloride

107131 2,3 Vinyl cyanide; see Acrylonitrile

100403 1 4-Vinylcyclohexene

CAS No. Source Substance Footnotes

106876 1,3 Vinyl cyclohexene dioxide

106876 1 4-Vinyl-1-cyclohexene diepoxide;

see Vinyl cyclohexene dioxide

75354 1,2,3 Vinylidene chloride

25013154 3 Vinyltoluene

79005 1 Vinyl trichloride; see 1,1,2-

Trichloroethane

81812 3 Warfarin

13983170 1 Wollastonite

1330207, 95476, 2,3 Xylene, all isomers

106423, 108383

1477550 3 m-Xylene-a',a'-diamine

1300716 2 Xylenol

1300738 3 Xylidine

95476 2,3 Xylol; see Xylene, all isomers

131793 1 Yellow OB

3 Yttrium compounds

17924924 1 Zearalenone

7440666 2 Zinc 3

557346 2 Zinc acetate; see Zinc compounds

14639975, 14639986, 2 Zinc ammonium chloride; see Zinc

52628258 compounds

1332076 2 Zinc borate; see Zinc compounds

7699458 2 Zinc bromide; see Zinc compounds

3486359 2 Zinc carbonate; see Zinc compounds

7646857 2,3 Zinc chloride; see Zinc compounds

1350659 3 Zinc chromate; see Chromium

compounds

2,3,4 Zinc compounds 28

557211 2 Zinc cyanide; see Cyanides,

inorganic salts

7783495 2 Zinc fluoride; see Zinc compounds

557415 2 Zinc formate; see Zinc compounds

7779864 2 Zinc hydrosulfite; see Zinc compounds

7779886 2 Zinc Nitrate; see Zinc compounds

1314132 3 Zinc oxide fume; see Zinc compounds

127822 2 Zinc phenolsulfonate; see Zinc

compounds

1314847 2,4 Zinc phosphide; see Zinc compounds

16871719 2 Zinc silicofluoride; see Zinc compounds

7733020 2 Zinc sulfate; see Zinc compounds

12122677 Zineb

7440677 2 Zirconium

7440677 2,3 Zirconium compounds, as Zr

13746899 2 Zirconium nitrate; see Zirconium

compounds

16923958 2 Zirconium potassium fluoride; see

Zirconium compounds

14644612 2 Zirconium sulfate; see

Zirconium compounds

10026116 2 Zirconium tetrachloride

FOOTNOTES FOR HAZARDOUS SUBSTANCE LIST

1. Refers to solutions greater than or equal to 10%. Exempt when present in food or beverages, such as vinegar, apple cider, and wine, regardless of concentration.

2. Refers to water-soluble salts only; all other salts are exempt.

3. An MSDS must be provided under the following circumstances:

a) The metal is supplied as a fine powder.

b) The metal is in welding or brazing rods.

c) The metal may be melted with the generation of toxic fume.

d) Under normal use, toxic dust or fume is likely to be generated by any manufacturing process.

4. Exempt when in bonded form or when antimony compounds cannot be released due to cutting, grinding, heating, etc.

5. Except:

a) Exterior and interior coatings and laminating resins containing encapsulated asbestos fibers within such products.

b) Cold process asphalt roof coatings.

c) Non-friable encapsulated products such as floor tiles.

6. Any liquids; and products that could give rise to asphalt fume under normal conditions are included. Mechanical breakup of hardened asphalt surfaces is exempt.

7. Exempt when used in foods and feeds as a preservative.

8. Exempt except when present as free crystal/powder.

9. Exempt when in solution.

10. Exempt when in form where exposure to dust cannot occur.

11. Products that could give rise to coal tar pitch volatiles during normal use are included.

12. Exempt when part of a cured epoxy or rubber.

13. Refers to solutions greater than or equal to 25%. Beverage alcohol (as defined by Sections 23004 and 23005 of the California Alcoholic Beverage Control Act) in any concentration is exempt.

14. Exempt except when vapors or particulates are or can be formed due to work practices or procedures.

15. Exempt except when present as a dust.

16. Exempt when used as fuel.

17. Exempt except when inhalable dust and/or particulates are present or are generated through use of the product.

18. Refers to the water-soluble salts only; exempt when mixed in food or animal feed.

19. Exempt except when inhalable dust is present or can be generated through use.

20. Exempt when in mixture, suspension, or where inhalable dust or particles are not present or cannot be formed.

21. Exempt except where mineral oil mists can be generated in the ordinary use of the products, e.g. cutting oils

22. Occupational sources of ozone include, but are not limited to:

a) during oxidizing process of fine organic chemicals production (primarily ozolaic acid);

b) during operations involving high-intensity UV light (plasma torch operations, glass blowing, hot metal operations, photoengraving operations, use of mercury vapor lamps, direct copying machines, projecting equipment);

c) during operations involving high voltage electrical equipment (spectrographic and fluorometric apparatus, electroplating operations, high-volt linear accelerators, and electrostatic precipitators);

d) during operations involving ozonizing process in treatment of water, industrial waste, and sewage; during air purification;

e) during drilling, cutting, and welding operations utilizing laser radiation;

f) during bleaching operations (textiles, pulp, paper, waxes, starch, sugar, Teflon, and synthetic fibers), refining of mineral oils and their derivatives, processing of perfumes, vanillin, and camphor, aging and drying operations (wood, wines, whiskeys, varnishes, and printing inks);

g) during food preserving operations for mold and bacteria control;

h) during welding operations using inert gas shielded arc welding devices, bare wire arc welding; and

i) during manufacturing production of ozone.

23. Includes benzanthracenes, benzopyrenes, benzofluoranthrene, chrysenes, dibenzanthracenes, and indenopyrenes.

24. Refers to smoke and fume products given off during soldering.

25. Exempt except when inhalable particulates are present or can be generated.

26. Silver compounds existing in stable emulsions or suspensions, as in photographic film, are exempt.

27. Applicable to cotton fiber for use in industries or operations covered by General Industry Safety Order 5219, Cotton Dust.

28. Exempt when present in motor oils at 2.5% or below. Zinc oxide is exempt except when present as dust or when generated as a fume. Zinc stearate is exempt except when present as dust.

29. Refers to solutions greater than or equal to 4%.

30. Refers to solutions greater than or equal to 3%.

31. Refers to any mixture containing 0.1% or greater of this substance.

32. Refers to any mixture containing 0.02% or greater inorganic arsenic.

33. Refers to any mixture containing 0.1% or greater EDB.

34. Exempt when encapsulated in a capsule which meets the definition of “Special Form Materials” prescribed in 49 CFR 173.403(z).

35. Applies to silica sand and silica flour, but naturally occurring dirt and sand which has not been increased in silica concentration by beneficiation are exempt.

36. Except butyl benzyl phthalate.

37. Exempt except when crystalline powder is being manufactured or being used.

38. Fibrous glass is a mechanical irritant. There is no present scientific evidence as to the existence of any other adverse health effect.

39. Except Copper phthalocyanine crudes and pigments.

NOTE

Authority cited: Sections 54, 55 and 6380, Labor Code; and 8 CCR Section 337. Reference: Sections 6380, 6380.5, 6382 and 6383, Labor Code.

HISTORY

1. New section (including Appendix A) filed 8-25-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Amendment of Hazardous Substances List filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41)

3. Amendment of Hazardous Substances List and Appendix A filed 5-29-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 24).

4. Editorial correction of Appendix A filed 6-12-85 (Register 85, No. 24).

5. Editorial correction of Appendix A column headings (Register 91, No. 23).

6. Repealer of subsection (b) and Appendix A, subsection relettering, new subsection (b)(3), new FOOTNOTE 39 and amendment of Hazardous Substances List and Note filed 2-16-93; operative 3-18-93 (Register 93, No. 8).

Article 6. Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan--Requirements and Procedures

§339.1. Scope and Application.

Note • History

This Article applies to all insurers and insureds as defined in section 339.3.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

1. New article 6 and section filed 1-10-94 as an emergency; operative 1-10-94 (Register 94, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency language will be repealed by operation of law on the following day.

2. New article 6 and section refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.2. Effective Dates and Start-Up Procedures.

Note • History

(a) This article shall take effect immediately, except for section 339.4 which shall take effect on April 1, 1994.

(b) Provisional Certification Periods.

(1) Provisional certification shall be granted by the Division for a period of 120 days upon receipt by the Loss Control Consultation Certification Unit of an application which complies, at a minimum, with the requirements of 339.7(b) and (c)(1) through (3).

(2) The Division may extend an insurer's provisional certification for an additional period of up to 120 days if the volume of applications received results in the Division's inability to process the insurer's application within the initial 120 day period.

(1) The first period of certification shall include the period of provisional certification and shall last for one year unless extended by the Division for purposes of evenly distributing the workload associated with the ongoing processing of applications for recertification.

(2) All subsequent certifications shall last for a period of one year.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

1. New section filed 1-10-94 as an emergency; operative 1-10-94 (Register 94, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency language will be repealed by operation of law on the following day.

2. New section refiled with amendment of section heading and text 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order including amendment of subsection (a) transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.3. Definitions.

Note • History

(a) “Annual Plan” means the insurer's annual health and safety loss control plan.

(b) “Budget” means a description of anticipated expenditures to be incurred in providing loss control consultation services to targeted employers as described by the insurer's annual plan, including the amount of funds allocated, the categories of services to be funded, and the amount of funding budgeted for each category.

(d) “Division” means the Division of Occupational Safety and Health.

(e) “Employer” means any insured.

(f) “Insured” means any person or entity other than a person or entity which has received a certificate of consent to self-insure pursuant to Labor Code Section 3700(b), which has secured workers' compensation insurance from an insurer.

(g) “Insurer” means any entity licensed by the California Department of Insurance to write workers' compensation insurance coverage.

(h) “Loss control” means reduction of exposure to workers' compensation losses and control of significant preventable health and safety hazards to workers.

(i) “Loss control consultation services” means assistance in recognizing, evaluating, and controlling significant preventable health and safety hazards and other potential sources of workers' compensation losses. Loss control consultation services consist of services provided by an insurer only to those employers to which the insurer has extended workers' compensation coverage.

(j) “On site consultation” means observation of an insured's work operations to determine the existence of significant preventable health and safety hazards, including, where appropriate, monitoring of hazardous physical, chemical, and biological agents.

(k) “Significant preventable health and safety hazards” means those hazards which are capable of being controlled by the employer and which have the potential to substantially affect the frequency and severity of workplace injuries and illnesses and workers' compensation losses.

(l) “Targeted employer” means an employer selected by the insurer to receive loss control consultation services, based on the criteria set forth in section 339.11. This term does not include any part of the employer's operations which is outside of California.

NOTE: Where the employer has more than one worksite, “targeted employer” means only those worksites selected by the insurer to receive loss control consultation services based on the criteria set forth in section 339.11

(m) “Workers' compensation insurance” means only that workers' compensation insurance provided under the laws and regulations of the State of California. This term does not include excess reinsurance or any form of homeowner's insurance.

(n) “Workplace survey” means an evaluation of an insured's work operations which can consist of a comprehensive on-site consultation or any other procedure which effectively identifies significant preventable health and safety hazards to workers.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

2. New section refiled with amendments 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order including amendment of subsection (l) transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.4. Provision of Loss Control Consultation Services.

Note • History

(a) Every insurer issuing or maintaining a workers' compensation insurance policy covering an employer's current or future operations shall maintain or provide loss control consultation services certified by the Division in accordance with this Article.

NOTE: Insurers may elect to provide all or part of their loss control consultation services through another entity, e.g., consultants, insurance groups or health care organizations, to the extent that the services to be provided meet the requirements of this section. However, such an election shall not alter the insurer's responsibility to maintain certification and to direct and control the provision of all loss control consultation services required by this Article.

(b) At the time the insurance policy is issued, and annually thereafter, the insurer shall provide to each of its insureds a written description of the insurer's loss control consultation services, including a notice stating that the services are available at no additional charge to the insured. The following statement shall be included with the notice: “Workers' compensation insurance policyholders may register comments about the insurer's loss control consultation services by writing to: State of California, Department of Industrial Relations, Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142.”

(c) The insurer shall not charge the employer any fee in addition to the insurance premium for the provision of loss control consultation services.

(d) Targeted Employers.

(1) The insurer shall provide loss control consultation services to all targeted employers, which, at a minimum, shall include the following:

(A) Effective evaluation of the employer's operations, including:

1. Comprehensive on-site consultation for each targeted employer identified by the insurer's annual plan;

2. Discussions with management and, with permission of the employer, non-management personnel; and

3. Review with appropriate personnel of relevant records, including, but not limited to, the employer's log and summary of injuries and illnesses maintained pursuant to section 14301 and the employer's section 3203 injury and illness prevention program;

(B) Identification of the factors most related to the losses experienced by the employer, including:

1. First aid and other emergency or post-injury response procedures;

2. Workplace health and safety hazards;

3. Management policy and practices related to loss control;

4. The effectiveness with which company loss control policy is communicated among management personnel and between management and non-management personnel;

5. The effectiveness of training;

6. The extent and nature of worker participation in health and safety promotion efforts;

7. The adequacy of recordkeeping; and

8. The adequacy of the employer's section 3203 injury and illness prevention program.

(C) Formulation of recommended loss control measures, including specification of those critical to reduction of the employer's losses or potential for losses;

(D) A written report detailing the consultation provided, the findings of the consultation, and all loss control measures formulated pursuant to subsection (d)(1)(C); and

(E) Ongoing evaluation of the targeted employer to determine the impact of the consultation on the employer's loss control experience.

(2) The insurer shall maintain records of all loss control consultation services provided to targeted employers for 4 years and shall make those records available to the Division upon request.

(e) Non-targeted Employers. Loss control consultation services available upon request to non-targeted employers shall, at a minimum, include the following:

(1) A workplace survey, including discussions with management, and, where appropriate, nonmanagement personnel with permission of the employer;

(2) Review of injury records with appropriate personnel; and

(3) Development of a plan to improve the employer's health and safety loss control experience, which shall include, where appropriate, modifications to the employer's section 3203 injury and illness prevention program.

Exception: An insurer may, but is not required, to provide loss control consultation services to any insured whose place of employment does not pose significant preventable health and safety hazards to workers. Criteria for determining that a place of employment does not pose significant preventable health and safety hazards must be clearly identified in the annual plan.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

1. New section filed 1-10-94 as an emergency; operative 4-1-94 (Register 94, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency language will be repealed by operation of law on the following day.

2. New section refiled with amendment of subsections (a), (b), and (d) 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.5. Requirements for Certification and Recertification of Loss Control Consultation Services.

Note • History

(a) Certification lasts for a period of one year, except as specified by section 339.2. To apply for certification or recertification, an insurer must submit a completed application and all supporting documentation as required by section 339.7.

(b) To qualify for certification and recertification the insurer shall demonstrate that:

(1) The insurer has developed and is prepared to implement an annual plan which meets the requirements of section 339.6; and

(2) The insurer has the capability to deliver effective loss control consultation services meeting the requirements of section 339.4. Such a demonstration shall include, but not be limited to, each of the following:

(A) Identification of each entity supplying loss control consultation personnel, if consultation services are to be provided by personnel other than employees of the insurer.

(B) A description of the categories, the number in each category, and the individual qualifications, including professional licenses and certification, of the personnel who will be providing loss control consultation services.

(C) A detailed description of the services to be provided by each of the personnel and the types of industrial activities and settings with which their services will be associated, together with an explanation of how these personnel are qualified to address these activities and settings.

(D) An estimate of:

1. The number of on-site consultations the insurer's loss control consultation personnel will provide for the coming certification year, specifying what portion will consist of consultations to targeted employers;

2. The average number of hours to be spent on each on site consultation, not including preparation and travel time; and

3. The number of workplace surveys not consisting of on-site consultation to be provided for the coming certification year, including the average amount of time to be spent per survey.

(c) To maintain certification, the insurer shall notify the Division of any substantial change in the information provided to obtain certification from the Division and shall cooperate with any audit or request for information by the Division to determine the effectiveness of the loss control consultation services provided by the insurer.

(d) The Division shall provide written notice to the insurer of any finding of deficiency related to the loss control consultation services audited by the Division, and any corrective actions deemed necessary to retention of the insurer's certification by the Division.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

2. New section refiled with amendment of subsection (b) and (c) 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order including amendment of subsection (b)(1) transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.6. Annual Health and Safety Loss Control Plan.

Note • History

(a) Every insurer seeking certification or recertification shall submit an annual plan as required by section 339.7(c)(5).

(b) The annual plan shall detail the insurer's program objectives for delivering loss control consultation services to those insureds selected as targeted employers, and shall include, at a minimum, the following:

(1) A budget;

(2) The methodology used by the insurer to select targeted employers;

NOTE: Section 339.11 contains guidelines for selecting targeted employers.

(3) One-year and three-year loss reduction goals for targeted employers;

(4) Size, type, and identity of each targeted employer for the coming year; and

(5) A description of the loss control consultation services provided to targeted employers during the previous year, including:

(A) Identity of targeted employers served and a summary of the services provided to each;

(B) Total expenditures for all targeted employers served;

(C) Evaluation of the effectiveness of the consultations provided, including the extent to which the previous year's loss reduction goals were met for targeted employers and an analysis of any failure to meet such goals; and

(D) A list of all employers to whom loss control consultation services have been provided through an entity other than the insurer or the insurance group to which the insurer belongs. The list shall include the identities and qualifications of the personnel who provided the consultation services.

(c) The plan shall demonstrate that the insurer has reliably identified as targeted employers those of its insureds who have the greatest worker's compensation losses and most significant preventable health and safety hazards, and that the insurer's loss control consultation services will effectively serve the needs of targeted employers.

(d) The Division shall maintain the confidentiality of all information provided by the plan, except for aggregate statistical data.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

2. New section refiled with amendment of subsection (c) 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.7. Application for Certification or Recertification of Loss Control Consultation Services.

Note • History

(a) Applications may be obtained from the Loss Control Consultation Services Certification Unit of the Division.

(b) The application (Form LCC-1; 10-94) shall be lodged with the Loss Control Consultation Services Certification Unit and shall be accompanied by the required application fee.

(1) Names under which the applicant is authorized to write workers' compensation insurance;

(2) Name and address of the insurer's employee directly responsible for administering the insurer's loss control consultation services;

(3) Proof of authorization from the California Department of Insurance to write workers' compensation insurance within the State of California;

(4) Documentation demonstrating the insurer's capability to deliver loss control consultation services as described by section 339.5(b)(2);

(5) A copy of the insurer's annual plan; and

(6) Any additional information requested by the Division, if reasonably necessary to evaluate the insurer's suitability for certification consistent with the requirements of this Article.

(d) Within 30 business days of receipt of an application for certification, the Division shall inform the applicant in writing either that the application is either complete and accepted for filing, or that the application is deficient and requires supplementation with additional information or documentation.

(1) An application shall be deemed complete if it is in compliance with the requirements of this section.

(2) A notice that the application is deficient shall explain what specific information or documentation is required to complete the application.

NOTE: If the volume of applications received results in the Division's inability to process the insurer's start-up application for certification in compliance within the 30-business-day period, the Division may extend the period for up to 120 days. Where such an extension is made by the Division, the insurer's period of provisional certification shall be deemed extended by an equal amount of time pursuant to section 339.2(b).

(e) Within 30 business days of the date of acceptance for filing of a completed application, the Division shall issue to the applicant:

(1) A Notice of Certification which includes the date of expiration of the certification and specifies any conditions which attach to retention of the certification; or

(2) A Notice of Denial of Certification, accompanied by a written explanation of the reasons for the denial.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

3. Certificate of Compliance as to 4-26-94 order including amendment of subsections (b), (c)(3) and (d) transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.8. Annual Collection of the Workers' Occupational Safety and Health Fund Fees.

Note • History

(a) The Director designates the Commission on Health and Safety and Workers' Compensation to collect the fee required by Labor Code Section 6354.7 for the purpose of establishing and maintaining a workers' occupational safety and health training and education program and insurance loss control services coordinator.

(b) On or before April 1 of each year, each insurer subject to Labor Code Section 6354.5 shall pay to the Commission on Health and Safety and Workers' Compensation the workers' occupational safety and health training and education program fee required by Labor Code Section 6354.7. All fees collected pursuant to this section shall be deposited in the Workers' Occupational Safety and Health Education Fund, as provided in Section 6354.7 of the Labor Code.

(c) The annual fee required under this section shall be the greater of one hundred dollars ($100) or 0.0286 percent of paid workers' compensation indemnity as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions (b) and (c) of Section 11759.1 of the Insurance Code.

(d) Along with the payment required by this section, each insurer shall submit:

(1) A copy of the insurer's response to the annual “Call for California Workers' Compensation Experience” for the preceding calendar year.

(2) A summary report, on form CHSWC-1 “Workers' Occupational Safety and Health Fund Fee Report Form. (Rev.1/03)” The Commission shall provide a copy of the form CHSWC-1 to each insurer subject to Labor Code Section 6354.5 not later than February 1 of the year in which the fee is collected. The form CHSWC-1 shall include the following information:

(A) the name of the insurer submitting the report, including a list of all insurer names used to write workers' compensation insurance in California. For each insurer listed, a copy of each insurer's Certificate of Authority, issued by the California Department of Insurance, to write workers' compensation insurance shall be submitted with the report as an attachment;

(B) the name and contact information for a company officer to be contacted concerning the insurer's loss control services or the workers' occupational safety and health training and education program;

(C) the amount of paid indemnity as reported by the insurer for the previous calendar year to the Workers' Compensation Insurance Rating Bureau in response to the annual “Call for California Workers' Compensation Experience;” and,

(D) the amount of the fee being paid by the insurer.

Note: Copies of the form CHSWC-1 may be obtained upon request from the Commission or downloaded from the Commission's web site at: http://www.dir.ca.gov/CHSWC/.

(e) A group of insurers under the same management, direction and control may elect to submit a single consolidated payment so long as the information required by the Commission is separately provided for each insurer.

NOTE

Authority cited: Section 6354.7, Labor Code; and section 11759.1, Insurance Code. Reference: Section 6354.5, Labor Code; and Section 11759.1, Insurance Code.

HISTORY

3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

4. Amendment of section heading, repealer and new section and amendment of Note filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).

§339.8.1. Workers' Occupational Safety and Health Fund Fee Report Form.

Note • History

Embedded Graphic 08.0136

NOTE

Authority cited: Section 6354.7, Labor Code; and Section 11759.1, Insurance Code. Reference: Section 6354.5, Labor Code; and Section 11759.1, Insurance Code.

HISTORY

1. New section filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).

§339.9. Denial of Certification or Recertification.

Note • History

(a) The Division shall deny certification or recertification if the insurer does not satisfy the requirements of this article.

(b) An applicant denied certification may:

(1) Reapply by submitting a new application together with a new application fee; or

(2) Appeal for reconsideration to the Director.

(c) Any applicant who wishes to appeal a denial of certification shall lodge with the Division, within 10 working days of receipt of the Notice of Denial, a written notice of the applicant's intent to appeal.

(1) The Director shall hold a hearing, at the Division's headquarters offices or such other location as the Director may designate, within five working days of the appeal.

(2) At the hearing, the insurer shall have the burden of establishing qualification for certification.

(d) The Director shall issue a decision within 10 days of the hearing. The Director's decision shall be final. A final decision by the Director may not be appealed except as provided for by law.

(e) The Insurance Commissioner shall be notified of every final decision by the Director to deny certification.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

2. New section refiled with amendment of subsection (c)(1) 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.10. Revocation, Suspension or Attachment of Conditions to Certification.

Note • History

(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke, suspend, or attach conditions to the retention of, any certification issued pursuant to this article. Good cause shall be deemed to exist if the Division establishes that the insurer has substantially failed to meet or comply with the requirements of this article.

(b) Notice of the Division's intent to take any adverse action with respect to a certification shall be in writing and served at least fifteen days in advance of the hearing. Service shall be deemed complete if notice of the hearing is sent by certified mail or hand delivered to the address shown on the application form. The notice shall specify the action intended to be taken by the Division and the reasons for the action in sufficient detail to allow the insurer to prepare for the hearing.

(c) The hearing shall be held at the Division's Headquarters offices, or at such other location as may be designated by the Director, and shall be conducted by the Chief or Deputy Chief of the Division.

(d) The insurer may appeal any adverse action to the Director in the same manner as provided for appeal of denial of certification by section 339.9(c) and (d) and the filing of an appeal shall stay the adverse action until the issuance of a final decision by the Director.

(e) The Insurance Commissioner shall be notified of every final decision by the Director to suspend or revoke certification.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

2. New section refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

§339.11. Guidelines for Selecting Targeted Employers.

Note • History

(a) Section 339.6(b)(2) requires the insurer's annual plan to include a methodology for selecting targeted employers and section 339.6(c) requires the annual plan to demonstrate that the insurer has reliably identified as targeted employers those of its insureds who have the greatest workers' compensation losses and most significant preventable health and safety hazards, and that the insurer's loss control consultation services will effectively serve the needs of targeted employers.

(b) The Division will review the annual plan to determine the effectiveness of the insurer's targeting methodology. Targeting methodologies may be different depending on the insurer and the type of insureds served, but shall utilize an effective combination of any of the following factors, or similar factors:

(1) Type, number, and rate of occupational injuries and illnesses;

(2) Number of workers' compensation claims, or injuries and illnesses, per payroll or premium dollar;

(3) Severity of workers' compensation claims, or injuries and illnesses, per payroll or premium dollar;

(4) Experience modification rating, or other ways of comparing the employer's loss experience to similar employers;

(5) Data from the insurers' previous evaluations of the employer; and

(6) Cal/OSHA citation history.

Exception: Other information, e.g., direct written premium per employer or the number of employees per employer, may be used as additional factors to be considered in selecting targeted employers. However, such information shall not be used in a manner which results in exclusion of those insureds who have the greatest workers' compensation losses and most significant preventable health and safety hazards.

NOTE

Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

2. New section refiled with amendment of subsection (c) and redesignated Exception 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 1. Employers' Obligation to Provide Information to Employees

§340. Contents and Posting Requirements of CAL/OSHA Notice.

Note • History

Every employer shall be required to post immediately upon receipt and to keep posted the CAL/OSHA Notice of Employee Protections and Obligations entitled “Safety and Health Protection on the Job,” which is furnished pursuant to Labor Code Section 6328 by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, containing information on pertinent safety laws, regulations and certain rights of employees under the California Labor Code.

Each employer must post at least one Notice (CAL/OSHA Notice) in each establishment in a conspicuous place where notices to employees are customarily posted. “Establishment” as used in this regulation means a single physical location where business is conducted or where services or industrial operations are performed. Where employers are engaged in activities which are physically dispersed such as construction or transportation, the notice required by this section shall be posted at each location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such notice or notices shall be posted at the location or locations from which the employees operate to carry out their activities.

Each employer shall take steps to insure that such notices are not altered, defaced or covered by other material.

This notice shall contain the address and telephone number of the nearest Division of Occupational Safety and Health office, and shall inform the employees of their right to report any unsafe working conditions in their place of employment to the Division of Occupational Safety and Health and their right to request a safety inspection by the Division of Occupational Safety and Health for unsafe conditions.

The Notice shall also inform the employees that no employee shall be laid off or discharged for refusing to perform work in the performance of which the provisions of the California Labor Code, any occupational safety or health standard or any safety order of the Division will be violated, where such violation would create a real and apparent hazard to the employee or his fellow employees.

The Notice shall contain the information that each citation issued under Section 6317 of the California Labor Code, Special Order or Order to Take Special Action issued under Section 6308 or a copy or copies thereof shall be prominently displayed at or near each place a violation referred to in the citation or order occurred.

The Notice shall inform employees that employers who use any substance listed as a hazardous substance in Section 339 of Title 8 of the California Administrative Code must provide employees with information on the contents of material safety data sheets (MSDS) or equivalent information about the substance which trains employees to use the substance safely. That the employer is required to make available on a timely and reasonable basis a MSDS on each hazardous substance in the workplace upon request of an employee, collective bargaining representative, or an employee's physician. Further, that employees have the right to see and copy the medical record and other records of employee exposure to potentially toxic materials or harmful physical agents.

The Notice shall inform the employees that the employer shall provide an opportunity for employees or their representatives to observe monitoring or measuring of employee exposure to hazards conducted pursuant to standards promulgated under California Labor Code Section 142.3, and shall allow the employee or his representative access to accurate records of employee exposures to potentially toxic materials or harmful physical agents.

The Notice shall contain a statement that every employer and every employee shall comply with occupational safety and health standards and all rules, regulations and orders pursuant to Division 5 of the California Labor Code which are applicable to his or her own actions and conduct.

Failure of any employer to post the CAL/OSHA Notice entitled “Safety and Health Protection on the Job” as required by this regulation may result in imposition of a fine of up to $1,000 upon the employer for each violation as set forth in Labor Code Section 6431.

NOTE

Authority cited: Sections 60.5, 6308, 6318 and 6328, Labor Code. Reference: Sections 6318, 6328 and 6408, Labor Code.

HISTORY

1. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9). For prior history, see Registers 74, No. 2; 74, No. 18 and 74, No. 13.

2. Amendment filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

3. Amendment filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).

§340.1. Rights of Employees to Observe Monitoring or Measuring.

History

(a) Whenever an employer is required to conduct tests or to engage in monitoring or measuring, to determine employee exposure to hazards by specific standards promulgated under Labor Code Section 142.3, the employer shall notify the affected employee or employees or their representative, prior to commencement of the date, time and place of the testing, monitoring or measuring of employee exposure. The employer shall provide the affected employee or employees, or their representatives with the opportunity to observe the testing, sampling, monitoring or measuring undertaken pursuant to such standards.

(b) The affected employee, employees or their representatives shall be allowed access to the records and reports of the results of the testing monitoring or measuring when carried out under the requirements of a standard promulgated under Labor Code Section 142.3.

HISTORY

1. Amendment filed 7-31-74 as procedural and organizational; designated effective 8-1-74 (Register 74, No. 31).

§340.2. Notification to Employee of Exposure Required.

Whenever any employee has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels exceeding those prescribed by applicable standard, order, or special order, the employer of the affected employee must promptly notify any employee so affected in writing of the fact that the employee has been exposed, and of the corrective action being taken by the employer.

§340.3. Employee Access to Accurate Records. [Repealed]

History

HISTORY

1. Renumbering from Section 53 7-31-74 as procedural and organizational; designated effective 8-1-74 (Register 74, No. 31).

2. Repealer filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

Article 1.5. Employer's Declaration of Abatement and Other Documentation of Abatement--Employee Notification--Posting Requirements

§340.4. Declaration of Abatement, Other Documentation, Employee Notification and Posting Requirements.

Note • History

(a) Scope and application. This section applies to employers who receive a citation for a violation of Title 8 of the California Code of Regulations.

(b) Definitions.

(1) Abatement means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by the Division during an inspection.

(2) Abatement date means:

(i) For an uncontested citation item, the later of:

(A) The date in the citation for abatement of the violation;

(B) The date otherwise approved by the Division as the result of an informal conference; or

(ii) For a contested citation item for which the Occupational Safety and Health Appeals Board (OSHAB) has issued a final order affirming the violation, the later of:

(A) The date identified in the final order for abatement; or

(B) The date computed by adding the period allowed in the citation for abatement to the final order date; or

(3) Affected employees means those employees who are exposed to the hazard(s) identified as violation(s) in a citation.

(4) Final order date means:

(i) For an uncontested citation item, the fifteenth working day after the employer's receipt of the citation;

(ii) For a contested citation item:

(A) The thirty-fifth day after the date on which a decision or order of an administrative law judge has been issued, unless a Petition for Reconsideration or Order of Reconsideration has been filed with or by OSHAB; or

(B) Where a Petition for Reconsideration or Order of Reconsideration has been filed, the thirty-fifth day after the date on which OSHAB issues its decision or order disposing of the matter; or

(C) The date on which the superior court issues a decision affirming the violation in a case in which a final order of OSHAB has been stayed.

(5) Movable equipment means a hand-held or non-hand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites.

(1) Within 10 calendar days after the abatement date, the employer must certify to the Division that each cited violation has been abated, except as provided in paragraph (c)(2) of this section.

(2) The employer is not required to certify abatement if the OSHA Compliance Officer, during the on-site portion of the inspection:

(i) Observes, within 24 hours after a violation is identified, that abatement has occurred; and

(ii) Notes in the citation that abatement has occurred.

(3) The employer's certification that abatement is complete must include, for each cited violation, in addition to the information required by paragraph (h) of this section, the date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement.

(4) For serious violations the certification of abatement must be submitted under penalty of perjury as required pursuant to Labor Code section 6320(b).

Note: See Appendix A for sample content and form of Abatement Certification Letter.

(d) Abatement documentation.

(1) The employer must submit to the Division, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Division indicates in the citation that such abatement documentation is required.

(2) Documents demonstrating that abatement is complete may include, but are not limited to, evidence of the purchase or repair of equipment, photographic or video evidence of abatement, or other written records.

(e) Abatement plans.

(1) The Division may require an employer to submit an abatement plan for each cited violation (except non-serious violations) when the time permitted for abatement is more than 90 calendar days. If an abatement plan is required, the citation must so dictate.

(2) The employer must submit an abatement plan for each cited violation within 25 calendar days from the final order date when the citation indicates that such a plan is required. The abatement plan must identify the violation and the steps to be taken to achieve abatement, including a schedule for completing abatement and, where necessary, how employees will be protected from exposure to the violative condition in the interim until abatement is complete.

Note: See Appendix B for sample content and form of Abatement Plan.

(f) Progress reports.

(1) An employer who is required to submit an abatement plan may also be required to submit periodic progress reports for each cited violation. The citation must indicate:

(i) That periodic progress reports are required and the citation items for which they are required;

(ii) The date on which an initial progress report must be submitted, which may be no sooner than 30 calendar days after submission of an abatement plan;

(iii) Whether additional progress reports are required; and

(iv) The date(s) on which additional progress reports must be submitted.

(2) For each violation, the progress report must identify, as briefly as possible, the action taken to achieve abatement and the date the action was taken.

Note: See Appendix B for sample content and form of Progress Report.

(g) Employee notification.

(1) The employer must inform affected employees and their representative(s) about abatement activities covered by this section by posting a copy of each document submitted to the Division, or a summary of the document(s), near the place where the violation occurred.

(2) Where such posting does not effectively inform employees and their representatives about abatement activities (for example, for employers who have mobile work operations), the employer must:

(i) Post each document or a summary of the document(s) in a location where it will be readily observable by affected employees and their representatives; or

(ii) Take other steps to communicate fully to affected employees and their representatives about abatement activities.

(3) The employer must inform employees and their representatives of their right to examine and copy all abatement documents submitted to the Division.

(i) An employee or an employee representative must submit a request to examine and copy abatement documents within 3 working days of receiving notice that the documents have been submitted.

(ii) The employer must comply with an employee's or employee representative's request to examine and copy abatement documents within 5 working days of receiving the request.

(4) The employer must ensure that notice to employees and employee representatives is provided at the same time or before the information is provided to the Division and that abatement documents are:

(i) Not altered, defaced, or covered by other material; and

(ii) Remain posted for three working days after submission to the Division.

(h) Transmitting abatement documents.

(1) The employer must include, in each submission required by this section, the following information:

(i) The employer's name and address;

(ii) The inspection number to which the submission relates;

(iii) The citation and item numbers to which the submission relates;

(iv) A statement that the information submitted is accurate; and

(v) The signature of the employer and the employer's authorized representative.

(vi) For serious violations the documentation must be submitted under penalty of perjury as required pursuant to Labor Code section 6320(b).

(2) The date of postmark is the date of submission for mailed documents. For documents transmitted by other means, the date the Division receives the document is date of submission.

(i) Moveable equipment.

(1) For serious, repeat, and willful violations involving movable equipment, the employer must attach a warning tag or a copy of the citation to the operating controls or to the cited component of equipment that is moved within the worksite or between worksites.

Note: Attaching a copy of the citation to the equipment will satisfy the tagging requirement of paragraph (i)(1) of this section as well as the posting requirements of section 332.4 of Title 8 of the California Code of Regulations.

(2) If the employer attaches a warning tag, in lieu of the citation, it must warn employees about the nature of the violation involving the equipment and identify the location of the citation issued.

Note: See Appendix C for sample form and content of a Warning Tag.

(3) If the violation has not already been abated, a warning tag or copy of the citation must be attached to the equipment:

(i) For hand-held equipment, immediately after the employer receives the citation; or

(ii) For non-hand-held equipment, prior to moving the equipment within or between worksites.

(4) The employer must assure that the tag or copy of the citation attached to movable equipment is not altered, defaced, or covered by other material.

(5) The employer must assure that the tag or copy of the citation attached to movable equipment remains attached until:

(i) The violation has been abated and all abatement verification documents required by this regulation have been submitted to the Division;

(ii) The cited equipment has been permanently removed from service or is no longer within the employer's control; or

(iii) OSHAB issues a final order vacating the citation; or

(iv) As otherwise directed by the Division.

Note: Appendices A through C provide information and non-mandatory guidelines to assist employers and employees in complying with the appropriate requirements of this section.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code. Reference: Section 6320, Labor Code; and Title 29, Section 1903.19, Code of Federal Regulations.

HISTORY

. 1.New article 1.5 (section 340.4), section and appendices A-C filed 9-14-99; operative 10-14-99 (Register 99, No. 38).

Appendix A to Section 340.4--Sample Abatement-- Certification Letter (Non-Mandatory)

(Name), District Manager

Division of Occupational Safety and Health

Address of the District Office (on the citation)

[Company's Name]

[Company's Address]

The hazard referenced in Inspection Number [insert 9-digit #] for violation identified as:

Citation [insert #] and item [insert #] was corrected on [insert date] by: .

(NOTE: Follow sample format for each citation or item)

I attest that the information contained in this document is accurate.

Signature

Typed or Printed Name

Note: For serious violations the submittal must be made under penalty of perjury. For Example:

“I declare under penalty of perjury the foregoing is true and correct. Executed this ________ day of (month) in the city of ______, California.

”

(Signature)

Appendix B to Section 1903.19--Sample Abatement Plan or Progress Report (Non-Mandatory)

(Name), District Manager

Division of Occupational Safety and Health

Address of the District Office (on the citation)

[Company's Name]

[Company's Address]

Check one:

Abatement Plan [ ]

Progress Report [ ]

Inspection Number

Page of

Citation Number(s)*

Item Numbers

Proposed

Completion Date (for Completion Date (for

Action abatement plans only) progress reports only)

Date required for final abatement:

I attest that the information contained in this document is accurate.

(NOTE: For serious violations the document must be submitted under penalty of perjury. See Appendix A, above)

Signature

Typed or Printed Name

Name of primary point of contact for questions:

[optional]

Telephone Number

*Abatement plans or progress reports for more than one citation item may be combined in a single abatement plan or progress report if the abatement actions, proposed completion dates, and actual completion dates (for progress reports only) are the same for each of the citation items.

Appendix C to Section 340.4--Sample Warning Tag (Non-Mandatory)

Embedded Graphic 08.0137

Article 1.6. Adjudicative Hearings--General Rules of Practice and Procedure--Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health

§340.40. Scope and Application.

Note • History

(a) These general rules of practice and procedure of the Division of Occupational Safety and Health (hereinafter “the Division”) are applicable to proceedings involving the denial, suspension or revocation of any license, permit, certification, registration or other authorization issued by the Division, and proceedings involving an Order Prohibiting Use (for purposes of this article, hereinafter referred to as “OPU”) issued pursuant to Labor Code section 6325.

(b) These general rules of practice and procedure may supplement, but shall not replace, other codified administrative notice and appeal procedures. In case of conflict with codified notice and appeal procedures, the more-specific procedures shall apply.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New article 1.6 (sections 340.40-340.52) and section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.41. Notification of Division Proceedings for Denial, Suspension or Revocation.

Note • History

(a) When, after review, examination, investigation or inspection, the Division determines that good cause exists to deny, suspend or revoke any permit, license, certification, registration, or other authorization issued by the Division, written notification shall be provided to the person or entity against whom the Division intends to take such action.

(b) The notification shall cite the statute or regulation authorizing the action taken by the Division, and shall state the grounds constituting good cause for the denial. suspension, revocation or other action proposed by the Division.

(c) The notification may be served personally, by facsimile, by overnight delivery, or by certified mail. The provisions of this article are subject to Section 1013 of the California Code of Civil Procedure.

(d) The Director of the Department of Industrial Relations (for purposes of this article, the Director of the Department of Industrial Relations shall hereinafter be referred to as “the Director”) or the Division shall make a copy of these regulations available to appellants, and shall advise appellants that the appeal proceedings shall not be subject to the provisions of Chapter 5 (commencing with Section 11500) of Part 1, Division 3, of Title 2 of the California Government Code.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.42. Request for Hearing.

Note • History

(a) Within five working days after receipt of the Division's denial of an application for any license, permit, certification, registration or other authorization, or the suspension or revocation of a permit, license, certification, registration or other authorization, or the issuance of an Order Prohibiting Use, the affected applicant or employer may request a hearing to review the validity of the Division's action.

(b) The request for hearing must be in writing and must set forth specific reasons why the Division's action was improper. An appellant's failure to mail or otherwise deliver a request for hearing within five working days of receipt of notification of the action will result in the Division's action being considered final and not subject to review, except where review is otherwise provided by law.

(1) For the denial of an application for a permit, license, certification, registration or other authorization, the written request for hearing shall be mailed or otherwise delivered to the headquarters office of the Director.

(2) For the suspension or revocation of a permit, license, certification, registration, or other authorization, the written request for hearing shall be mailed or otherwise delivered to the headquarters of the Division.

(3) For the issuance of an Order Prohibiting Use, the request for hearing shall be mailed or otherwise delivered to the District Manager of the district office which issued the Order Prohibiting Use.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.43. Designation of Presiding Officer and Notification of Hearing.

Note • History

(a) Upon receipt of a request for an appeal hearing regarding the Division's denial of an application for a permit, license, certification, registration, or other authorization, the Director or the Director's Chief Counsel shall designate a Presiding Officer to conduct the hearing. Upon receipt of a request for hearing regarding the suspension or revocation of a permit, license, certification, registration, or other authorization, the Chief of the Division shall designate a Presiding Officer to conduct the hearing. The Presiding Officer may be a Deputy Chief, Regional Manager, or other designated representative. For hearings regarding the issuance of Orders Prohibiting Use, the District Manager shall serve as Presiding Officer.

(b) The Department or Division shall notify the appellant of the date, time and location of the hearing, and of the name of the Presiding Officer. The date and time of the hearing shall be subject to the specific provisions of the statute or regulation, if any, authorizing the action. Where no statute or regulation imposes specific time limitations, a hearing shall be set so as to provide sufficient time for preparation and attendance at the hearing, but in no event less than five working days following the receipt of a request for hearing, unless appellant agrees to or requests an earlier hearing. Hearings regarding the issuance of an OPU shall be held within 24 hours following receipt of the appellant's request for a hearing, unless appellant agrees to or requests a later hearing.

(c) The Presiding Officer may change the date, time and location of the hearing for good cause upon his or her own motion or upon the written motion of either party at any time prior to the hearing.

(d) The appellant must immediately notify all affected employees, former employees, and employee representatives, if any, of the date, time and location of the hearing along with a description of the purpose for the hearing, by posting the notification of hearing or otherwise providing written notice. The notification of hearing must remain posted in a conspicuous place for at least three working days or until the date of the hearing, whichever is less.

(e) The Division or Department may serve the notification of hearing, as required under subsection (b), personally, by facsimile or by overnight delivery.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308 and 6327, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.44. Conduct of Hearing.

Note • History

(a) The Presiding Officer shall be responsible for receiving evidence both from Division representatives and the appellant and shall issue a decision as set forth in this article. Parties shall have the opportunity to present relevant documentary or other evidence through the presentation of direct testimony, the cross-examination of witnesses, and the rebuttal of any evidence presented during hearing. The Presiding Officer may also examine witnesses or request the presentation of additional relevant evidence.

(1) Upon motion, the Presiding Officer may exclude witnesses from the hearing room. Each party may designate one representative who may stay in the hearing room, even if the representative will also serve as a witness.

(2) A party may appear in person or through a representative who is not required to be an attorney.

(3) Designated employee representatives may make written request to participate in the hearing if it is established that such participation will be relevant to any issues presented at the hearing.

(4) The Presiding Officer shall receive evidence under oath or affirmation under penalty of perjury. The hearing shall be tape-recorded, unless the parties agree to some other method of recording the hearing. If the parties do not agree to an alternative method of recording, the Presiding Officer shall make the official record of the hearing by tape recording, and may allow each party to make and pay for an additional record if, in the Presiding Officer's opinion, the making of the additional record or records would not unduly disrupt the proceedings.

(b) The hearing shall not be subject to the technical rules relating to evidence or witnesses. However, only relevant evidence of the sort responsible persons are accustomed to rely upon in conducting serious affairs shall be admitted and relied upon in rendering a decision. Hearsay evidence is admissible but, if objected to, may not be solely relied upon without other supporting evidence unless the hearsay would be admissible over objection in a civil proceeding.

(c) Any hearing conducted pursuant to this article shall be open to the public as required pursuant to Government Code section 11425.20.

(d) During all stages of a hearing, the Presiding Officer and all parties to the hearing shall be subject to the provisions of Article 7 (commencing with section 11430.10), of Chapter 4.5 of Part 1, Division 3, Title 2 of the Government Code regarding ex parte communication.

(e) The matter shall be deemed submitted at the conclusion of the hearing unless some other submission date is agreed to between the parties or otherwise designated by the Presiding Officer.

(f) The Presiding Officer shall, on behalf of the Director or Division, issue and serve a written decision on the parties no later than thirty (30) calendar days after submission of the matter for decision, except as follows.

(1) The time for issuance and service of the decision may be extended by the Presiding Officer for good cause.

(2) For an Order Prohibiting Use, a decision concerning the validity of the order shall be made as soon as possible, but not more than two working days, after the conclusion of the hearing.

(g) Decisions shall be in writing and shall include findings of fact and conclusions supporting the decision. However, at his or her discretion, a Presiding Office may issue a preliminary decision without setting forth findings of fact and conclusions supporting the decision, as long as a complete decision is issued within the time period provided in this section.

(h) Any right to request review of the decision shall be governed by the specific regulation or statute authorizing the action taken by the Division.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308 and 6308.5, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.45. Presiding Officer -- Grounds for Disqualification.

Note • History

Any Presiding Officer may be disqualified for any ground set forth in Government Code sections 11425.30 and 11425.40. A request for disqualification must be in writing to the Director and shall specifically detail the grounds upon which disqualification is sought and the factual basis for the request. The request shall be filed with the Director pursuant to the provisions of section 340.46 of this Article.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.46. Service of Process.

Note • History

(a) Unless otherwise required, service may be made by personal delivery or by depositing the documents in a post office, mailbox or mail chute, or other like facility regularly maintained by the United States Postal Service, sealed, properly addressed, with first-class postage prepaid.

(b) Service is complete at the time of the personal delivery or mailing.

(1) Affidavit or declaration of service by personal delivery or mail;

(2) Written statement endorsed upon the document served and signed by the party making the statement; or

(3) Letter of transmittal.

(d) Facsimile (fax) machines may be used to serve and file documents under the following conditions:

(1) The length of the document to be filed and/or served shall be no more than twelve (12) pages including cover page and attachments.

(2) A copy sheet shall be attached containing the number of pages transmitted, the fax number of the sender, the sender's telephone number, and the name of the contact person.

(3) If a document is filed by fax, all parties shall be served in the same manner or by guaranteed overnight delivery. The fax transmission shall include a proof of service indicating the method of service on each party, and

(4) No later than 24 hours after transmission, the sending party shall file and serve on all parties the original of any faxed document as set forth in this section.

(e) For facsimile service and filing of documents, a document is considered received on the following working day if transmission begins later than 5:00 p.m. Pacific Time.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.47. Discovery.

Note • History

(a) Upon written request made to the other party prior to hearing, a party to the proceeding is entitled to obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing. Nothing in this section requires the disclosure of the identity of a person who submitted a complaint regarding the unsafe nature of an employment or place of employment unless the complainant requests otherwise.

(b) A party is entitled upon written request to inspect and make copies of any of the following materials in the possession or custody or under the control of the other party:

(1) Any statements of parties or witnesses relating to the subject matter of the proceeding;

(2) All writings or things which the party then proposes to offer in evidence;

(3) Any other writing or thing which is relevant and which would be admissible in evidence;

(4) Inspection and investigative reports made by, or on behalf of, the Division or other party pertaining to the subject matter of the proceeding, to the extent that such reports: contain the names and addresses of witnesses or persons having personal knowledge of the acts, omissions or events which are the basis of the proceeding; reflect matters perceived by the Division or other party in the course of its inspection, investigation or survey; or contain or include by attachment any statement or writing described in this section.

(c) The parties shall arrange for a mutually-agreeable time for exchange of requested materials and information but in no event later than 24 hours prior to the time set for hearing.

(d) The Presiding Officer may, upon written request by either party, make provision for timely completion of discovery.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308 and 6309, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.48. Subpoenas and Subpoenas Duces Tecum -- Witness Fees.

Note • History

(a) Before the hearing has commenced, the Division or any party may issue a subpoena or subpoena duces tecum requiring the attendance of a person or the production of documents or things at the hearing.

(b) Any subpoena or subpoena duces tecum issued pursuant to subsection (a) of this section extends to all parts of the state and shall be served in accordance with the provisions of sections 1985.3, 1987, 1987.5 and 1988 of the Code of Civil Procedure, except for the provisions governing the time for issuance of subpoenas and subpoenas duces tecum. Service of a subpoena or subpoena duces tecum is made by delivering a copy to the witness.

(c) All witnesses appearing pursuant to subpoena, other than the parties, or their representatives directly associated with the action, shall be entitled to receive the following fees and mileage, payable in advance:

(1) Witness fee for each day's actual attendance of thirty-five dollars ($35.00);

(2) Mileage actually traveled, both ways, of twenty cents ($.20) a mile;

(3) Per diem compensation of three dollars ($3.00) for expenses of subsistence for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearing, if the hearing is at a point so far removed from a residence as to reasonably preclude return thereto from day to day;

(d) Fees, mileage and expenses of subsistence shall be paid by the party at whose request the witness is subpoenaed.

(e) A party who subpoenas a peace officer as listed at Government Code section 68097.1 or individuals designated by Government Code 68097.2 shall reimburse the public entity for the full cost of the public entity incurred in paying the officer his or her salary or other compensation and traveling expenses for each day that such officer is required to remain in attendance.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.49. Official Notice.

Note • History

(a) In reaching a decision, a Presiding Officer may take official notice either before or after submission of the proceeding for a decision, of any generally accepted technical or scientific matter within the field of occupational safely and health, and determinations, rulings, orders, findings and decisions, required by law to be made by the Division, Occupational Safety and Health Appeals Board or Occupational Safety and Health Standards Board.

(b) The Presiding Officer shall take official notice of those matters set forth in section 451 of the Evidence Code and may take official notice of those matters set forth in section 452 of the Evidence Code.

(c) Each party shall be given reasonable opportunity on request to present information relevant to (1) the propriety of taking official notice, and (2) the tenor of the matter to be noticed.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.50. Confidential Evidence.

Note • History

(a) A Presiding Officer shall consider confidential any exhibit which might reveal a trade secret referred to in section 1905 of Title 18 of the United States Code, information that is confidential pursuant to Chapter 3.5 (commencing with section 6250) of Division 7 of Title 1 of the Government Code, or photographs taken by the Division during the course of any inspection or investigation.

(1) The Presiding Officer shall issue necessary orders to protect the confidentiality of such information, including the exclusion of witnesses during the course of the hearing if testimony might tend to reveal the substance of the confidential information.

(2) Parties shall request confidentiality at the time the evidence is submitted.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308, 6314 and 6322, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.51. Prehearing Motions.

Note • History

(a) No later than 24 hours prior to a hearing, a party may make a written motion for continuance or for clarification of issues related to discovery or other matters deemed important to the issues to be addressed during the course of the hearing.

(b) Such written motion shall be filed with the Presiding Officer and served upon the other party in conformance with section 340.46 of this article.

(c) The Presiding Officer may issue such orders as it deems necessary to address the issues referenced in such written motion.

(d) Prehearing motions in connection with the appeal of an OPU may be made up until and including the day of the appeal hearing.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

§340.52. Interpreters.

Note • History

(a) All hearings shall be conducted in the English language. The Division shall notify each party of the right to an interpreter at the time it serves notification of a proceeding pursuant to Section 340.41, or at the time it issues an OPU.

(b) A party who does not proficiently speak or understand the English language, who calls a witness who does not proficiently speak or understand the English language, or who requests an interpreter, shall be provided with an approved interpreter during the hearing. A request for an interpreter shall be made at the same time as the request for appeal. The party requesting the interpreter shall pay the cost of the interpreter, unless the Division elects to pay the interpreter based on the financial hardship of the requesting party.

(c) For purposes of this section, an approved interpreter is a person whose name appears on the list of interpreters approved by the Occupational Safety and Health Appeals Board, the State Personnel Board, or the Superior Court for the County in which the hearing is conducted.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

Article 2. Permits--Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels

§341. Permit Requirements.

Note • History

(a) Scope and Application.

(1) This article specifies:

(A) Work activities that require permits;

(B) What permit holders must do to comply with permit requirements;

(D) How to apply for a permit.

(2) The purpose of a permit is to provide notice to the Division that an employer will undertake permit-required activity and to allow the Division an effective means of ensuring that the proposed permit-required activity will be performed safely.

(3) There are two types of permits: Project Permits and Annual Permits. Both types are defined below in subsection (b) and explained in subsections (c), (d), and (e).

(4) The Permit application process is explained in section 341.1.

(b) Definitions. The following definitions apply to this article:

(1) “Annual permit” means a permit issued pursuant to section 341.1(a)(2) that allows a qualifying employer to conduct specified permit-required activity at any jobsite for a period of one year.

(2) “Climbing a fixed tower crane” means altering the height of the revolving section of the crane by adding or removing tower sections with the use of a climbing frame.

(3) “Conduct permit-required activity” means either:

(A) Engage in permit-required activity by having employees who actually perform the activity; or

(B) Act in the role of a project administrator at a site where permit-required activity is taking place, regardless of whether this role involves having employees who actually perform the activity.

Note: See definition of “permit required activity” below.

(4) “Emergency repair work to underground facilities” means the unscheduled repair or replacement of pipes or other underground structures for the purposes of protecting life or property.

(5) “Height” when used to describe a structure means the distance from the top of the structure, including any parapet walls, mechanical rooms or other penthouse structures, to the lowest point of the surrounding grade or ground level below. Mechanical screens, antennas, chimneys, flag poles, and similar attachments are not to be considered in determining the height of a structure.

(6) “Hold a project permit” or “Hold an annual permit” means to have a valid applicable permit which was obtained prior to the start of work. In the case of underground use of a diesel engine in a mine or tunnel the permit shall be obtained prior to placing the engine in the mine or tunnel.

(7) “Permit-required activity” means activity for which a permit is required by this Article.

Note: See section 341(d) below for a description of these activities.

(8) “Project Administrator” means a person or entity that has overall onsite responsibility for the planning, quality, management, or completion of a project involving the erection or demolition of a structure. Examples of Project Administrators include, without limitation, general contractors, prime contractors, owner/builders, joint ventures, and construction managers.

(9) “Project permit” means a permit issued pursuant to section 341.1(a)(1) that authorizes an employer to conduct permit-required activity at the specific location(s) named in the permit.

(10) “Structure” means any creation by human activity of a piece of work, formation, or series of parts joined together, including but not necessarily limited to the following:

Billboards.

Bridges.

Buildings.

Chimneys.

Dams.

Elevated highways.

Falsework.

Outdoor signs.

Powerhouses.

Scaffolding.

Silos.

Smokestacks.

Tanks or tank towers.

Transmission or communication towers.

(1) Project Permits.

(A) Work on permit-required activities on a project subject to Project Permit requirements shall not begin until a Project Permit has been issued for the project.

(B) Only one Project Permit is required per project as long as the Project Permit holder continues to act in the role of Project Administrator, even though the project may have more than one employer fitting the description of a Project Administrator. If the holder of the current Project Permit no longer continues to act in the role of Project Administrator, that Project Permit is no longer valid, and no project work shall continue until a new Project Permit has been issued.

Note: See Sections 341.1(f) and 341.1(g) of this article for additional details regarding the scope of coverage of a Project Permit.

(2) Annual Permits.

(A) Any employer other than a Project Permit holder who conducts permit-required activity shall hold a current Annual Permit before engaging in the activity.

(B) An employer who conducts activity subject to Annual Permit requirements shall obtain an Annual Permit once per year and shall notify the Division each time the permit holder begins permit-required activity at a new site.

(d) Work Activities Subject to Permit Requirements and the Types of Permits Required to Conduct the Activities.

(1) To erect, raise or lower, or dismantle a fixed tower crane, the fixed tower crane erector, climber, or dismantler shall hold a Project Permit.

Note No. 1: See Section 341.1 of this article for additional details on Project Permit requirements for fixed tower cranes.

Note No. 2: See Sections 344.70 et seq. of Title 8 of the California Code of Regulations for additional requirements applicable to permits to operate a fixed tower crane.

(2) To engage in the underground use of a diesel engine in any mine or tunnel, each employer or entity who is to operate the diesel engine shall hold a Project Permit. The permit shall be obtained prior to placing the engine in the mine or tunnel.

(3) To conduct the demolition or dismantling of any building or structure more than 36 feet in height, the Project Administrator shall hold a Project Permit and all other employers directly engaging in demolition or dismantling activity shall hold an Annual Permit.

(4) To conduct any of the following activities on a structure intended to be more than 36 feet high when completed, the Project Administrator shall hold a Project Permit and all other employers directly engaging in these activities shall hold an Annual Permit:

(A) Erection and placement of structural steel or erection and placement of structural members made of materials other than steel.

Note: No permit is required for work limited to the erection or placement of reinforcing bars used in reinforced concrete construction.

(B) Installation of metal decking or decking made of substitute materials.

(D) Forming or placement of concrete structures or concrete decks on steel structures.

(E) Installation of structural framing, including roof framing, or the installation of panelized roof systems.

Note: No permit is required for work limited to the installation of interior partitions.

(5) To conduct the following activities, the employer shall hold an Annual or a Project Permit, and may apply for either:

(A) Construction of trenches or excavations 5 feet or deeper into which any person is required to descend.

Note: For purposes of this subsection, “descend” means to enter any part of the trench or excavation once the excavation has attained a depth of 5 feet or more.

(B) Erection and placement of scaffolding, vertical shoring, or falsework intended to be more than 36 feet high when completed.

(e) Exceptions to Permit Requirements. The provisions of this section shall not apply to the following:

(1) Government Bodies -- United States of America, its officers or agencies, State of California, county, city and county, city, or district.

(2) Any public utility subject to the jurisdiction of the Public Utilities Commission.

(3) Construction of trenches or excavations for the purpose of performing emergency repair work to underground facilities.

(4) Construction or final use of excavations or trenches where the construction or final use does not require a person to descend into the excavation or trench.

(5) Excavation for the construction of graves as defined in Section 7014 of the Health and Safety Code.

(6) Excavation for the construction of swimming pools.

Note: The construction of motion picture, television, or theater stages and sets does not require a permit unless the conditions specified in Section 6500(b) of the California Labor Code have occurred. For purposes of this requirement, stages and sets include, without limitation, scenery, props, backdrops, flats, greenbeds, and grids.

NOTE

Authority and reference cited: Sections 60.5, 6308 and 6501, Labor Code. Reference: Sections 6500, 6501 and 6508, Labor Code.

HISTORY

1. New Article 2 (Sections 341-341.5) filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 10-25-74 (Register 74, No. 43).

3. Amendment filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

4. Amendment of subsection (a) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

5. Amendment of subsection (a) filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).

6. New subsection (a)(4) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

7. Repealer and new section filed 9-29-2006; operative 10-29-2006 (Register 2006, No. 39).

§341.1. Issuance of Permits.

Note • History

(a) Where to Submit Permit Applications.

(1) Project Permits. A Project Permit application shall be submitted to the Division district office that has jurisdiction over the site of the project to be covered by the Project Permit.

(2) Annual Permits. An Annual Permit application shall be submitted to the Division district office where the employer's California headquarters is located. If the employer has no California headquarters, the application shall be submitted to the Division's headquarters.

Note: Project and Annual Permit application forms are available at all Division offices. Generally, the addresses and telephone numbers of Division district offices may be found on the Cal/OSHA Notice poster required pursuant to Section 340 of Title 8 of the California Code of Regulations.

(3) Permits for Use of Diesel Engines in Mines and Tunnels. Permit applications for the use of diesel engines in mines and tunnels shall be submitted to the nearest office of the Division's Mining and Tunneling Unit.

Note: Permit application forms for the underground use of diesel engines are available at all offices of the Division's Mining and Tunneling Unit.

(b) General Requirements for Permit Applications.

(1) All Permit applications shall include the following:

(A) The applicant's business name, business address, telephone number, fax number and, if applicable, the applicant's email address.

(B) The name of the applicant's representative; and that representative's contact telephone number(s).

(D) An attached copy of a current policy, binder or other proof of workers' compensation insurance, if applicable.

(E) An attached check or money order for the permit fee as provided in section 341.3 of this article.

(F) A certification from the applicant's representative that he or she has knowledge of the applicable occupational safety and health standards and will comply with such standards and any other lawful orders of the Division.

(G) A description of the conditions, practices, means, methods, operations or processes used or proposed to be used by the applicant to provide a safe and healthful place of employment.

Note: No cash or credit card payments will be accepted by the Division.

(2) In addition, an application for a project permit shall include the following information:

(A) A jobsite telephone number.

(B) The specific jobsite location(s), including street address(es) or cross streets.

(D) The permit-required activity to be covered by the permit and a description of the activity for which the permit is sought in sufficient detail to allow an effective evaluation of the safety of the proposed project.

(c) Additional application Requirements for Permits for Underground Use of Diesel Engines in Mines and Tunnels and Permits for Fixed Tower Cranes.

(1) Permits for Underground Use of Diesel Engines in Mines and Tunnels. A permit application for the underground use of diesel engines in mines and tunnels, in addition to the information set forth in this section, shall provide the following:

(A) Complete details and specifications of each diesel engine and exhaust purifying device.

(B) Location of the mine or tunnel and details of how the diesel equipment is to be used.

(D) Maximum number and brake horsepower of diesels to be operated in any aircourse.

(E) Ventilation plans, including direction of airflow, fan capacity, duct sizes, and auxiliary ventilation.

(F) Date when proposed diesel use is to begin and dates and locations where a representative of the Division may conduct tests of the diesel exhaust gases and mechanical conditions affecting exhaust gas emission.

(2) Permits for Erecting, Climbing, and Dismantling of Fixed Tower Cranes.

Each application for a permit to erect, climb, or dismantle a fixed tower crane shall, in addition to providing the information required by this article, certify that:

(A) A Division-licensed tower crane certifier or surveyor or safety representative for the distributor or manufacturer of the fixed tower crane will be present during erection, climbing, and dismantling operations to assure that such processes and operations are performed in accordance with manufacturer recommendations and applicable standards or orders; and

Note: See Sections 344.70 et seq. of Title 8 of the California Code of Regulations for additional requirements applicable for permits to operate a fixed tower crane.

(B) The applicant will notify the Division of the following dates and times:

(i) Initial erection at this site;

(ii) Completion of erection and commencement of operation;

(iii) Climbing of the tower crane; and

(iv) Dismantling of the tower crane.

Note: The notification must be received by the Division at least 24 hours prior to the activity which is the subject of the notification and may be in writing or by telephone followed by written notification. The notification shall be made to the district office of the Division from which the permit was obtained and must include the date and time of the intended activity.

(d) Safety Conference for Project Permits and Annual Permits.

(1) The Division may conduct any investigation and/or hearing it deems necessary for the purpose of this article, and may require a safety conference to discuss the permit applicant's safety program and the means, methods, devices, processes, practices, conditions or operations the permit applicant intends to use to provide employment and a place of employment that are safe and healthful.

(2) When scheduling a safety conference, the Division shall make a reasonable effort to accommodate the scheduling needs of the applicant, shall furnish the applicant with a recommended checklist of information and documentation to bring to the safety conference, and shall clearly inform the applicant which parties are required to attend.

(3) The safety conference shall be held at a district office or at a designated place convenient for the attending parties, and shall be open to the permit applicant, representatives of the owner, contracting agencies, and employees and their representatives. The permit applicant shall notify all attending parties of the safety conference a reasonable time prior to the holding of the safety conference. Proof of such notification shall be made at the safety conference.

(e) General Requirements Applicable to Issuance of All Permits.

(1) A permit may be issued to an applicant following the filing of a completed Permit Application form, compliance with all the requisites therein, payment of the permit fee as provided in Section 341.3 of this article, and a determination by the Division that all qualifications for receipt of a permit have been met by the applicant. Except as provided in Section 8470(l), the Division shall issue a Project Permit within five working days of the initial project permit safety conference, if the application materials presented by the applicant at the safety conference are complete. If the application materials are not complete, the applicant shall be given a written list before leaving the safety conference of the materials or information needed to complete the application. The Division shall issue the Project Permit within five working days of receiving complete application materials or deny the permit in writing pursuant to the requirements of Section 341.2.

Note: Where Project Permits are required for structures subject to the requirements of Section 341(d)(4), the Division may issue conditional permits when specific information is not yet available.

(2) Each permit issued by the Division shall include the following information:

(A) The person or entity to whom the permit has been issued.

(B) The permit number.

(D) The date through which the permit will remain valid.

(E) The fee amount collected; the check or money order number; and the name of the person collecting the fee.

(F) The name of the person who investigated the permit application and held the permit conference, and the name of the person approving the issuance of the permit.

(G) The specific activities and/or projects covered by the permit.

(f) Issuance of Project Permits for All Projects Other Than Erection of Tower Cranes. The permit applicant shall be required to obtain only one Project Permit for the following work activities:

(1) The construction or demolition of a building or structure over 36 feet high, and the associated excavation of trenches and excavations at the same site.

(2) Any project of construction of a building, structure, vertical shoring, or falsework and/or erection of scaffolding at the same site.

(3) Any project or demolition of a building, structure, or dismantling of scaffolding, vertical shoring or falsework at the same site.

(4) For all or any combination of activities listed in subsection (f)(1), (2), and (3) above at the same jobsite.

(5) Two or more projects when the work is part of the same contract but is located in different Division districts, and the work to be performed is the installation or erection of essentially identical structures.

(A) Such essentially identical structures may include structures such as silos, outdoor signs, tanks or tank towers, and transmission or communication towers.

(B) Such essentially identical structures shall not include bridges, dams, elevated highways, buildings, or tower cranes.

(C) The Project Permit for work on such essentially identical structures shall be issued by the Division district office where the first project scheduled to be commenced is located.

(D) For each subsequent project covered by the Project Permit, the permit holder shall notify the Division district office that has jurisdiction over the site of the project at least 24 hours prior to the activity which is the subject of the notification. Notification shall be given by mail, personal delivery, fax transmission or electronic mail, and shall provide the location of the project and the date and time the work activity is to commence.

(g) Issuance of Project Permits for Fixed Tower Cranes.

Only one permit is required to erect, alter the height of, and dismantle a single fixed tower crane, provided all of this work is done by the same entity. If another entity engages in any of these activities, that entity shall also obtain a Project Permit. If a fixed tower crane is relocated to a new position on the same project a new Project Permit is required.

(h) Issuance of Annual Permits.

(1) An Annual Permit may be issued upon the applicant's demonstration that it has an adequate safety program that has been developed for the work activity to be covered by the permit, subject to the conditions specified below and any additional conditions specified by the Division. Except as provided in the Note below, the permit shall expire one year later at the close of business on the day prior to the anniversary date of issuance. The permit shall display the expiration date.

Note: During the first year following the effective date of this article, the Division may issue Annual Permits for longer than one year in order to stagger the expiration dates.

(2) Annual Permits shall be issued subject to all of the following conditions:

(A) The work shall be performed by the entity named in the permit.

(B) The permit holder shall notify the Division district office that has jurisdiction over the site of the project at least 24 hours prior to the activity which is the subject of the notification. Notification shall be given by mail, personal delivery, fax transmission or electronic mail, and shall provide the location of the project and the date and time the work activity is to commence.

(3) Annual Permits may be renewed by mail.

NOTE

Authority cited: Sections 60.5, 6308, 6501, 6502 and 6503, Labor Code. Reference: Sections 6500, 6501, 6502, 6503, 7373 and 7382, Labor Code.

HISTORY

1. Amendment of subsections (a), (b) and (i) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (a) filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

3. Amendment of subsection (b) filed 5-6-75 as procedural and organizational; effective upon filing (Register 75, No. 19).

4. Amendment of subsections (b) and (c) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

5. Amendment filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).

6. New subsection (b)(1) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

7. Amendment of subsections (a), (b), (e) and (f) filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

8. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

9. Amendment of section and Note filed 7-13-95 as an emergency; operative 7-13-95 (Register 95, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-10-95 or emergency language will be repealed by operation of law on the following day.

10. Editorial correction inserting History 4 designator (Register 95, No. 36).

11. Amendment of section and Note refiled 11-8-95 as an emergency; operative 11-8-95 (Register 95, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-7-96 or emergency language will be repealed by operation of law on the following day.

12. Reinstatement of subsection (f) as it existed prior to emergency amendment of 11-8-95 by operation of Government Code section 11346.1(f) (Register 96, No. 15).

13. Amendment of subsections (f)(1) and (f)(1)(C) filed 4-9-96; operative 4-9-96 pursuant to Government Code section 11346.2(d) (Register 96, No. 15).

14. Repealer and new section filed 9-29-2006; operative 10-29-2006 (Register 2006, No. 39).

§341.2. Denial of Permit.

Note • History

(a) The Division shall deny issuance of a permit if in its opinion, based on available facts, the employer has failed to show that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. A relevant factor in the Division's determination will be the employer's prior occupational safety and health history. In denying a permit to an applicant employer, the district or field office shall immediately notify the employer, in writing, specifying the reasons for such denial and shall send a copy thereof to the Director.

(b) Any employer denied a permit by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or his authorized designee for the convenience of the attending parties within two working days of the employer's appeal. The employer has the burden of establishing that it qualifies for a permit.

The hearing shall be presided by the Director or his authorized designee and shall also be open to employees or employees' representative. The employer shall notify the employees or employees' representative of such hearing a reasonable time prior to the holding of such hearing. Proof of such notification by the employer shall be made at the hearing.

(c) Following the hearing, the Director shall issue his decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearing shall be filed with the Director within ten days from the date of the Director's decision.

NOTE

Authority cited: Sections 60.5, 6308, 6502 and 6506, Labor Code. Reference: Sections 6308, 6308.5, 6502 and 6506, Labor Code.

HISTORY

1. Amendment of subsections (a) and (b) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

§341.3. Permit Fees.

Note • History

To cover the costs involved in investigating the permit application, and issuing permits, the following schedule of fees are deemed reasonable and necessary. Such applicable fees shall be paid by the employer to the Division of Occupational Safety and health before the issuance of the permit:

(a) Construction of excavations and/or trenches - $50.00.

(b) Construction of building, structure, or dismantling of falsework or scaffolding - $50.00.

(1) For the erection, including climbing and dismantling of the tower structure of a fixed tower crane - $350.00.

(d) The underground use of diesel engines in work in mines and tunnels - $50.00.

(e) Annual permits as specified in section 341.1(e) of this article, for period January 1 to December 31 - $100.00.

(f) All fees collected by the Division under this section shall be paid into the General Fund of the State Treasury.

NOTE

Authority cited: Sections 60.5, 6308 and 6507, Labor Code. Reference: Sections 6507 and 7373, Labor Code.

HISTORY

1. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

2. Amendment filed 5-16-85; effective thirtieth day thereafter (Register 85, No. 20).

3. Change without regulatory effect amending section (d) filed 9-14-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 43).

4. New subsection (d) and renumbering of subsection (d) and (e) to (e) and (f) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

5. Amendment of subsection (b) filed 7-15-91 as an emergency; operative 7- 15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

6. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§341.4. Posting of Permit.

Any employer issued a permit pursuant to this Article shall post a copy or copies of the permit at or near each place of employment. If such posting is impracticable at the site of an excavation, the permit shall be made available at such site at all times, or, in the case of a mobile unit, the permit shall be made available at all times at the employer's head office in the district.

§341.5. Revocation or Suspension of Permit.

Note • History

(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any permit issued pursuant to this Article.

(b) Notice shall be in writing and served upon the employer at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the employer's address as shown on the Permit Application Form. The notice shall specify the reasons for the action taken by the Division in order that the employer may prepare for the hearing.

(c) The hearing shall be held as soon as possible at the district or field office, shall be presided by the district manager or his authorized designee and shall also be open to the affected employees or their representative.

The employer shall notify the employees or employees' representative a reasonable time prior to such hearing. Proof of such notification by the employer shall be made at the hearing.

(d) At the hearing the Division shall establish good cause for the action taken by it. Good cause is established after the Division establishes that the employer has failed to comply with the requirements of the issuance of the permit, and that to permit the continuance of the project under the circumstances would constitute a hazard to the employees.

The employer may appeal such revocation or suspension to the Director in the same manner specified in Section 341.2 of this Article. The filing of an appeal shall not stay the revocation or suspension, except as provided for in Labor Code Section 6506. The employer has the burden of establishing that the Division did not have good cause for the action taken.

NOTE

Authority cited: Sections 60.5, 6308, 6505 and 6506, Labor Code. Reference: Sections 6505 and 6506, Labor Code.

HISTORY

1. Amendment filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

Article 2.5. Registration--Asbestos- Related Work

§341.6. Registration Requirements.

Note • History

(a) An employer who will be engaging in asbestos-related work, as defined, in subsection (b), involving 100 square feet or more of surface area of asbestos-containing material, computed in accordance with subsection (e) of this section, shall apply for and obtain a registration from the division prior to the commencement of any such work.

The registration shall be valid for one year after issuance by the division.

(b) “Asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos.

(c) “Asbestos containing construction materials” means any manufactured construction material which contains more than 1/10th of 1% asbestos by weight.

(d) “Asbestos” means fibrous forms of various hydrated minerals including chrysotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.

(e) The square footage of asbestos containing construction material, as defined in subsection (c) of this section, shall be determined by computing the surface area of any such material which will be handled during the course of the work being performed by the employer at a single worksite. If the asbestos containing construction material is situated in noncontiguous locations at a single worksite, the total square footage of such asbestos containing construction material shall be included in the computation, unless the work is performed as part of a routine and continuing maintenance and repair plan of existing fixtures or machinery where each component of such work involves less than 100 square feet.

“A single worksite,” as used in this subsection, shall include all buildings, structures, premises, fixtures, machinery or other areas containing asbestos containing construction material which will be handled during the course of the work for which the employer has contracted whether pursuant to single or multiple contracts with the same hirer.

This article is not intended to apply to asbestos-related work involving less than 100 square feet of asbestos containing construction material performed at separate unrelated worksites by the same employer even though the aggregate total of all such work equals or exceeds one hundred square feet annually.

Note: The requirements of this section apply only to asbestos-related work involving 100 square feet or more of surface area of asbestos-containing construction material. Compliance with this section shall constitute compliance with the reporting requirements of section 5208 of title 8 of the California Code of Regulations. For asbestos-related work involving less than 100 square feet of surface area of asbestos-containing construction material, and for other work involving the use or handling of asbestos, employers shall comply with the reporting requirements of section 5208 of title 8 of the California Code of Regulations.

NOTE

Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6501.5, 6501.7 and 6501.8, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

2. Amendment filed 8-1-88 as an emergency; operative 8-1-88 (Register 88, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-29-88.

3. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).

4. Change without regulatory effect amending section (a) filed 9-14-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 43).

§341.7. Application for Registration and Renewal of Registration.

Note • History

(a) An employer subject to the provisions of Section 341.6 of this Article shall register with the Division by applying for and obtaining a registration from the Division. Registration application forms may be obtained by writing or calling the headquarter offices of the Division located at 525 Golden Gate Avenue, San Francisco, CA 94102.

(b) Registration application form. A registration may be issued to any employer subject to the provisions of this article following the filing of a completed registration application form and full compliance with all the requirements thereof. All information and attachments given with the application for registration shall be given under penalty of perjury.

The registration application form shall contain the following:

(1) If a contractor, proof of certification if required pursuant to Section 7058.5 of the Business and Professions Code.

(2) Proof that sufficient health insurance coverage has been obtained to cover the entire cost of medical examinations and monitoring required by law or present proof that a $500 trust account has been provided for each employee engaged in such asbestos related work. In addition the employer must provide proof of coverage for worker's compensation insurance.

(3) Proof that all training and certification requirements for employees engaged in asbestos-related work have been completed in accordance with all requirements of law and section 5208, Title 8, California Code of Regulations.

(4) Proof that the employer has knowledge of the applicable occupational safety and health standards, and will comply with such standards and any other such lawful orders of the Division. In addition, that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment and that the employer is proficient in and has the necessary equipment to safely perform asbestos-related work.

(c) An employer may renew the registration by filing an application for renewal meeting the criteria of subsection (b) hereof, and paying a renewal fee as set forth in section 341.12(b) of this article. The application for renewal must be filed with the Division no later than thirty (30) days prior to the expiration date of the current registration.

NOTE

Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Section 6501.5, Labor Code; Section 7058.5, Business and Professions Code; and Section 15376, Government Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

2. Amendment of subsection (b)(3) and new subsection (c) filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

§341.8. Registration Application-Processing Time.

Note • History

(a) Within 15 business days of receipt of an application for registration pursuant to this subsection, the Division shall inform the applicant in writing that it is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application. An application is considered complete if it is in compliance with the requirements of Section 6501.5, Labor Code and the provisions of this subsection.

(b) Within 30 business days from date of filing of a completed application, the Division shall inform the applicant in writing of its decision regarding the application.

NOTE

Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code; and Section 15376, Government Code. Reference: Section 6501.5, Labor Code; Section 7058.5, Business and Professions Code; and Section 15376, Government Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

2. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

§341.9. Notification to the Division--Asbestos-Related Work.

Note • History

(a) When an employer will be conducting separate jobs or phases of work which are the subject of the registration required under this article, or where the work process may differ or is performed at noncontiguous locations, written notice shall be provided to the nearest District Office of the Division prior to commencement of any such work activity, except where the circumstances require immediate abatement action in which case, the employer shall immediately notify the nearest district office by telephone or otherwise orally of the start of work, to be confirmed in writing no later than 24 hours thereafter.

The written notice shall contain the following:

(1) The address of the job.

(2) The precise physical location of the job at the given address.

(3) The projected starting and completion date.

(4) The name of the certified supervisor who has sufficient experience and authority and who will be responsible for the asbestos-related work activity.

(5) The name of the qualified person who will be responsible for conducting air sampling, calibration of air sampling equipment, evaluation of sampling results, and respiratory fit testing as well as the evaluation of those tests.

(6) A description of the type of work to be performed, work practices that will be utilized, and an evaluation of the potential for exposure.

Any change in the information provided the Division by the written notice shall be reported to the Division at or before the time of the change. If notification of any change is made by telephone, or otherwise orally, such notification shall be confirmed immediately in writing but in any event no later than 24 hours after the change.

NOTE

Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Section 6501.5, Labor Code.

HISTORY

1. New Section filed 5-22-87; operative upon filing (Register 87, No. 22).

3. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).

§341.10. Posting and Notification--Asbestos-Related Work.

Note • History

(a) The employer shall post a sign readable at 20 feet at the location where any asbestos-related work subject to the registration and notification requirements of this article is to take place stating “Danger-Asbestos. Cancer and Lung Hazard. Keep Out.”

(b) The employer shall provide a copy of the registration before the commencement of any asbestos-related work to the prime contractor and other employers at the site. A copy of the registration shall be posted at the jobsite beside the Cal/OSHA poster.

NOTE

Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Section 6501.5, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

§341.11. Safety Conference.

Note • History

The Employer shall conduct a safety conference prior to the commencement of any asbestos-related work subject to the registration and notification requirements of this article. The safety conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees, and employee representatives. The safety conference shall include a discussion of employer's safety program and such means, methods, devices, processes, practices, conditions, or operations as the employer intends to utilize in providing a safe and healthful place of employment. The requirement of this section shall apply to all asbestos-handling jobs regardless of the amount of asbestos to be handled.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code. Reference: Sections 6501.5 and 6503.5, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

§341.12. Registration Fees and Renewal Fees.

Note • History

(a) To cover the costs involved in investigating the registration application, and issuing the registration, an application fee of $350.00 is deemed reasonable and necessary.

(b) To cover the costs involved in investigating the application for renewal of registration, and issuing the renewed registration, a fee of $150.00 is deemed reasonable and necessary.

(c) Such application or renewal fee shall be paid by the employer to the Division of Occupational Safety and Health before the issuance of the registration or renewal.

NOTE

Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6501.5, 6507 and 6508.5, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

2. Amendment filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

§341.13. Denial of Registration.

Note • History

(a) The Division shall deny the issuance of a registration if in its opinion, based on available facts, including the information provided by employer in the application for registration, the employer has failed to show that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. A relevant factor in the Division's determination will be the employer's compliance history with the Division. In denying the registration to an applicant employer, the Division shall immediately notify the employer, in writing, specifying the reasons for such denial and shall send a copy thereof to the Director.

(b) All procedures for denial shall follow the General Rules of Practice and Procedures in sections 340.40 through 340.52.

(c) The affected party may appeal the action of the Division following the General Rules of Practice and Procedures in sections 340.40 through 340.52.

NOTE

Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6308, 6308.5 and 6501.5, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

2. Change without regulatory effect deleting duplicate subsection (b) filed 9-14-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 43).

3. Repealer and new subsections (b) and (c) filed 5-20-2011; operative 6-19-2011 (Register 2011, No. 20).

§341.14. Revocation or Suspension of Registration.

Note • History

(a) The Division may at any time, upon a showing of good cause and after notice, revoke or suspend any registration issued pursuant to this article.

(b) All procedures for suspension or revocation shall follow the General Rules of Practice and Procedures in sections 340.40 through 340.52.

(c) The affected party may appeal the action of the Division following the General Rules of Practice and Procedures in sections 340.40 through 340.52.

NOTE

Authority cited: Sections 60.5, 6308, 6501.5 and 6505.5, Labor Code. Reference: Sections 6308, 6308.5, 6501.5 and 6505.5, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

2. Amendment of subsection (a), repealer and new subsections (b) and (c) and repealer of subsection (d) filed 5-20-2011; operative 6-19-2011 (Register 2011, No. 20).

Article 2.6. Asbestos Consultants and Site Surveillance Technicians

§341.15. Certification of Asbestos Consultants and Site Surveillance Technicians.

Note • History

(a) Scope and Application.

Any individual performing services as an asbestos consultant or site surveillance technician as referenced and defined in section 1529(q) of Title 8 of the California Code of Regulations must apply for and obtain a certification pursuant to this article.

Note: This does not apply to individuals who perform preliminary site assessments or other such building inspection activities which may identify asbestos-containing construction materials but which are not for the primary purpose of finding asbestos-containing construction materials in buildings and evaluating the materials for the need of asbestos abatement.

(b) Application for Examination and Certification.

(1) Any individual desiring to be certified as set forth in subsection (a) of this section must submit an application for examination and certification as set forth herein. The application and all information and attachments shall be submitted under penalty of perjury, and accompanied by all applicable fees as set forth herein. No application will be accepted for processing by the Division unless accompanied by all required fees as set forth in subsection (c) herein.

Applications may be obtained from any District Office for the Division and shall be filed by mailing the completed application to the following address:

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
P.O. BOX 420603
SAN FRANCISCO, CA 94142
ATTENTION: ASBESTOS CONSULTANT CERTIFICATION

The application shall include:

(A) Type of certification desired: Asbestos Consultant or Site Surveillance Technician.

(B) Full name of the applicant including the name under which the individual will be conducting business under the certification, and any other names the applicant has used to conduct business as an asbestos consultant within five years previous to the date of the application.

(D) Address (Employment and Home).

(E) Telephone Number (Work and Home).

(F) 2 copies of 1 1/2” x 1 1/2” current color photograph of applicant (passport type taken within the past 30 days).

(G) Copies of valid certificates from AHERA training providers approved by the Division.

Note: The Division will publish a list of approved AHERA training providers.

(1) Asbestos consultant applicants shall submit copies of AHERA training certificates for management planner, abatement project designer, abatement contractor and supervisor, and all subsequent annual refresher courses.

(2) Site surveillance technician applicants shall submit copies of AHERA training completion certificates for inspector, and abatement contractor and supervisor, and all subsequent annual refresher courses. Certificates for abatement worker and abatement project designer may be submitted in lieu of the abatement contractor and supervisor certificate.

(H) Required fee(s).

(I) Description of qualifications as required pursuant to section 1529(o) of Title 8 of the California Code of Regulations outlining the applicant's educational qualifications, (attach copy of diploma, official transcript, or other proof), and description of qualifying work experience as specified in Business and Professions Code sections 7184 and 7185. Qualifying work experience includes technical work associated with asbestos consulting activities. Written references attesting to the applicant's qualifying work experience which are certified under the penalty of perjury are required.

(1) All applicants must pass a written examination as set forth herein.

(2) The examination shall be a closed book written examination pertaining to the subjects described in (o)(6)(A) and (o)(7)(A) of section 1529 of Title 8 of the California Code of Regulations. The minimum passing score shall be correctly answering 70% of all the questions in the written examination.

(3) The examination shall be conducted at various locations as determined by the Division and administered at least annually or at other intervals when necessary.

(d) Fees for Certification and Renewal.

(1) Fees for asbestos consultant:

Application and Examination Fee $500

Annual Renewal Fee $325

(2) Fees for site surveillance technician:

Application and Examination Fee $400

Annual Renewal Fee $270

(3) All fees must be paid at the time the application is filed with the Division. Except as set forth in Part (5) of this subsection, all fees are non-refundable.

(4) All required fees shall be made payable to the Asbestos Consultant Certification Fund.

(5) The Division may refund 75% of the fee when an application is withdrawn by the applicant within 15 business days of the initial submission of the application. The Division may refund 50% of the fee when the Division determines that the applicant is not qualified to take the examination. The Division shall make no refund of the fee when a qualified applicant fails the written examination.

(e) Processing of Application.

(1) Within 15 business days of receipt of an application for certification, the Division shall inform the applicant in writing of its determination either that the application is complete or that it is deficient. The notice shall specify what additional information or documentation is necessary.

(2) Within 45 business days from the date the Division has determined an application is complete the Division shall:

(A) Inform the applicant that the application for certification is denied, specifying the reasons for the denial; or

(B) Inform the applicant that the qualification requirements of this article have been satisfied and that the applicant may take the required written examination; and,

(f) Provisional Certification.

(1) The Division may issue a provisional certification to an applicant when:

(A) The applicant has submitted a completed application and is qualified to take the written examination.

(B) The Division is not able to schedule an examination and issue the certification within 45 business days after the Division has found the application to be complete as set forth in subsection (c) above.

(2) The provisional certification card will authorize the applicant to perform services as an asbestos consultant or site surveillance technician. The provisional certification shall expire 15 days after the scheduled examination date of the applicant who receives the provisional certification.

(3) Only one provisional certification may be issued to an applicant.

(g) Re-examinations.

Within 30 days of notification, any applicant who fails the examination may take the next scheduled examination. The request shall be made to the Division in writing and accompanied by a re-examination fee in the amount of 50% of the application and examination fee specified in subsection (d) above. Any applicant who fails is entitled to retake the examination one time. If an applicant fails the examination twice the request for certification will be denied and the applicant must submit a new application.

(h) Renewal or Replacement of Certification.

(1) A certification issued pursuant to this article shall be valid for one year from the date of issuance as designated on the certification. Any individual certified under this article may renew the certification by filing a request for renewal with the Division at least 60 days prior to the expiration date of the certification. Any individual who fails to renew as required herein must submit a new application for certification.

(2) All requests for renewal must be submitted with a current photograph, copies of required AHERA refresher training certificates, and the required renewal fee specified in subsection (d) above.

(3) Any person whose certification card has been lost or mutilated may request a replacement card from the Division. Such request shall be in writing and accompanied with a current photograph and replacement fee in the amount of 30% of the annual renewal fee specified in (d) of this section.

(i) Denial, Suspension, or Revocation of Certification.

(1) The Division may for good cause deny certification to an applicant. Good cause shall be deemed to exist when the applicant does not satisfy the qualification requirements of this article or has failed the written examination.

(2) The Division may for good cause and after notice suspend or revoke the certification of a person certified pursuant to this section. Good cause shall be deemed to exist if the person certified has committed gross negligence or fraud, or engaged in repeated acts of negligence during the performance of activities subject to the certification.

(3) All procedures for denial, suspension or revocation will follow the General Rules of Practice and Procedure in sections 340.40 through 340.52.

(4) The affected party may appeal the action of the Division following the General Rules of Practice and Procedures in sections 340.40 through 340.52.

NOTE

Authority cited: Section 7180, Business and Professions Code; and Sections 60.5, 6308 and 9021.5, Labor Code. Reference: Sections 7184 and 7185, Business and Professions Code; Sections 9021.5, 9021.6 and 9021.8, Labor Code; and Section 1529, Title 8, California Code of Regulations.

HISTORY

1. New article 2.6 and section filed 8-6-92; operative 8-6-92 (Register 92, No. 32).

2. Amendment of subsections (d)(1)-(2) filed 11-19-2001 as an emergency; operative 11-19-2001 (Register 2001, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-2002 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 11-19-2001 order transmitted to OAL 3-4-2002 and filed 3-28-2002 (Register 2002, No. 13).

4. Amendment filed 5-20-2011; operative 6-19-2011 (Register 2011, No. 20).

Article 2.7. Approval of Courses and Course Providers

§341.16. Approval of Asbestos Training and Course Providers for Training Requirements Relating to Asbestos-Related Work and AHERA.

Note • History

(a) Scope and Application.

(1) Any course provider (individual or business entity) providing asbestos training for the purpose of satisfying Division approved training requirements of 1529(k)(9)(B) for employees engaged in asbestos-related work or providing asbestos training for the purpose of satisfying the accreditation requirements of AHERA must submit the training program to the Division for approval in accordance with the provisions of this article.

(2) The Division will approve initial and annual refresher training courses for Construction Craft Worker, and for each of the following AHERA crafts or disciplines: Inspector, Management Planner, Abatement Project Designer, Abatement Contractor/Supervisor, and Asbestos Abatement Worker. Construction Craft Worker means any employee engaged in asbestos-related work (other than asbestos-related work included under the above named AHERA disciplines) requiring employer registration under Section 341.6 and Section 1529.

(3) AHERA as used in this Article means the Asbestos Hazard Emergency Response Act which is codified in 15 U.S.C. Section 2641, et seq.

(b) Requirements for Asbestos Course Approval.

(1) General Requirements.

(A) The course provider shall inform the Division in writing of the starting date, time and location for each training course scheduled at least 15 days prior to each starting date. In cases where the 15-day notice cannot be provided, FAX or telephone with written follow-up notification may be made as soon as possible before commencement of the training, but in no case later than 24 hours prior to commencement.

(B) The Asbestos Abatement Worker courses, including the course materials and examinations, shall be given in a language that is understood by both the course instructor and trainees.

(C) The instructor directing each course shall have at least one year of experience in teaching courses of a similar nature or other professional teaching qualifications in areas related to occupational safety and health issues. The instructor for the hands-on portion of the course shall have at least one year of relevant work experience in asbestos-related work.

(D) The course provider shall update the information submitted to the Division whenever a substantive change is made to information previously submitted for Division approval. Examples of substantive changes include a change in course instructor, instructional materials, personnel, or course offerings. Such notification shall be made in writing to the Division at the address given in (d)(1) of this Section no later than 24 hours after the change is instituted.

(E) To obtain and maintain the required training certificate in an AHERA discipline, an individual must successfully complete an initial class in that discipline. Refresher classes in that discipline must be taken annually thereafter. Only holders of a certificate which is less than one year past the expiration date shown on the certificate shall be permitted to take the refresher training course.

(F) Training attendance is required for at least the duration specified for each course as set forth below. Breaks, including a lunch break, may be included in each eight hours of training.

(G) Except for AHERA courses, a course provider may combine trainees of various crafts for training on common curricula when appropriate, and then separate the trainees for the specific training for each craft.

(H) Training providers shall comply with the minimum recordkeeping requirements in Subpart F of Appendix A of Section 341.16.

(2) Specific Course Requirements

(A) Initial Course for Construction Craft Worker: the initial Construction Craft Worker course shall include the following:

1. The course curriculum and the course length in hours shall meet the requirements in Section 1529 for Class I, II, or III work or other federal requirements.

2. Hands-on training that is specific to the asbestos-related work for the construction craft of each employee attending the course.

(B) Refresher Course for Construction Craft Worker: the annual refresher shall include at least two hours of review of the important elements covered in the corresponding initial course, any changes in federal and state asbestos regulations, and the latest developments in the state of the art practices for asbestos-related work involving the specific construction craft.

(C) Initial AHERA Course: The initial course for each AHERA craft or discipline shall include and conform with the AHERA training course curriculum and required hours of instruction specified in the USEPA Model Accreditation Plan found in 40 CFR Part 763, Subpart E, Appendix C. The Model Accreditation Plan is included as Appendix A of this section.

1. When hands-on training is specified, the hands-on training must allow contractors, supervisors and workers to have actual experience performing tasks associated with asbestos abatement. Simulated asbestos materials shall be used instead of actual asbestos during the hands-on training.

2. The training course shall include a review of applicable federal and state regulations, including but not limited to, Sections 341.6, et seq. and Sections 1529 and 5208 of Title 8 of the California Code of Regulations.

(D) Annual AHERA Refresher Course: The refresher AHERA course shall include and conform with the AHERA training course curriculum described in the USEPA Model Accreditation Plan found in 40 CFR Part 763, Subpart E, Appendix C and shall be specific to each AHERA discipline.

1. The refresher training course shall include a review of the important elements covered in the initial course, any changes in federal, state, and local regulations, and the latest developments in state of the art practices.

2. A minimum of eight (8) hours training shall be given for the refresher training course for Asbestos Abatement Worker, Abatement Contractor/Supervisor and Abatement Project Designer. A minimum of four (4) hours training shall be given for the refresher training course for Inspector. Only the rightful holder of valid current AHERA Inspector and Management Planner certificates shall be allowed to take the Management Planner refresher accreditation training.

(E) Course Examinations.

1. As indicated in the table of examination requirements below an initial training course shall include an examination administered as a final part of the training course. The examination shall adequately cover the topics of the training course. Demonstration testing may be included as a part of the examination. The minimum number of multiple choice questions, each question having at least 4 choices for an answer, and the minimum passing score required for each type of training course are shown in Table 1.

Table 1

Course Examination Specifications

Craft/Discipline Number of Questions Passing Score

Construction Craft Worker:

(closed book exam) 20 70%

Inspector

(closed book exam): 50 70%

Management Planner

(closed book exam) 50 70%

Asbestos Project Designer:

(closed book exam) 100 70%

Asbestos Contractor/Supervisor:

(closed book exam) 100 70%

Asbestos Abatement Worker:

(closed book exam) 50 70%

2. Any trainee failing the examination may retake an equivalent but different examination one time; the course provider shall allow the trainee to retake the examination as soon as practicable after notifying the trainee of the exam results but no later than thirty (30) days after such date. If the trainee fails the second examination, the trainee must retake the course in order to take the examination again.

(F) Course Certificates.

1. The training provider shall issue certificates to trainees who complete a training course and pass the examination.

2. The certificate shall be issued within 15 business days after the course completion date. Compliance with this requirement may be delayed until the course provider receives payment for the course. The certificate shall be valid for one year after the successful completion of the examination. Certificates may be renewed annually by successfully completing annual refresher courses as long as the refresher training is taken within a year of the previous expiration date.

3. Each certificate shall contain the following information:

A. The name, address and telephone number of the training provider that issued the certificate. The name of the training course with an indication that it is approved by the Division.

B. The Course Approval Number issued by the Division and a unique certificate number issued by the training course provider. If the certificate is for a Construction Craft Worker, also include on the certificate a designation of the type of craft and the class of asbestos work as described in Section 1529; e.g., Roofer - Class II, General Building Maintenance Worker - Class III, etc.

C. The name of the trainee.

D. The dates when the training course started and ended, and the date of the examination if applicable.

E. The certificate expiration date.

F. The name and signature of an authorized officer of the training course provider with a written statement that the person receiving the certificate has completed the required training and passed the examination (if one is required). In the case of training for AHERA disciplines (but not for Construction Craft Workers), the written statement shall also indicate that the training completed is that required for asbestos accreditation under Toxic Substances Control Act, Title II.

(1) The course provider shall provide the following information to the Division on forms provided by the Division with the appropriate fee specified in subsection (e) for each certificated trainee within 15 business days after each course examination.

(A) The name of the training course and its State of California course approval number.

(B) Full name of certificated trainee.

(C) The unique certificate number issued by the training course provider. If the certificate is for a Construction Craft Worker, also include a designation of the type of craft and the class of asbestos work.

(D) Home address of trainee.

(E) The expiration date of the certificate.

(F) The name of the approved instructor.

(2) The Division will utilize this information to develop a roster of individuals who have received a certificate of training from an approved course provider. Only those individuals who appear on the roster will be considered in compliance with the training requirements of AHERA or subsections 1529(k)(9) for employees engaged in asbestos-related work requiring employer registration.

(d) Application for Course Approval.

(1) Any individual or organization that desires to become a course provider and satisfies the requirements of this article may apply to the Division for approval of an asbestos training course. The course provider shall complete a separate application for each training course for which approval is being sought using the following forms which are hereby incorporated by reference: Worker initial course, Form W-I 8/28/98; Contractor/Supervisor initial course, Form CS-I 8/28/98; Building Inspector initial course, Form BI-I 8/28/98; Project Designer initial course, Form PD-I 8/28/98; Management Planner initial course, Form MP-I 8/28/98; Construction Craft Worker initial course, Form CCW-I 8/28/98; Worker refresher course, Form W-R 8/28/98; Contractor/Supervisor refresher course, Form CS-R 8/28/98; Building Inspector refresher course, Form BI-R 8/28/98; Project Designer refresher course, Form PD-R 8/28/98; Management Planner refresher course, Form MP-R 8/28/98; Construction Craft Worker refresher course, Form CCW-R 8/28/98. Requests for application information and completed applications shall be sent to:

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
P.O. BOX 420603
SAN FRANCISCO, CA 94142

(2) The application shall include:

(A) The name of the training course.

(B) The name of the course provider, the name and title of the person whom the Division will contact regarding course approval matters, address, phone number, and the name and title of the person completing the application with his or her signature and a statement certifying that the information in the application is correct.

(D) Evidence of any previous approval from USEPA or another state for the training course.

(E) Materials describing the contents and parameters of the training course.

(F) Copies of all training documents and visual training aids (projection transparencies, etc.) used in the training course.

(G) A sample copy of the examination to be administered for the training course, including the test key.

(H) A description of and a sample copy of the certificate to be issued for the training course.

(I) The name(s) and qualifications of the instructor(s) of the training course.

(J) A list of the equipment which is used in the training course with a description of each type of equipment and the quantity of each type available on site for training.

(3) Course approvals may not be transferred.

(4) Worker and Craft Worker courses may be approved in languages other than English.

(e) Fees for Course Approval.

(1) The application fee is $200 for the initial Construction Craft Worker course approval and $100 for the refresher course approval.

(2) The application fee is $600 for any initial AHERA course approval and $400 for any refresher AHERA course approval.

(3) Submitted application fees are not refundable. An appropriate application fee is required for each application.

(4) Fees are required to defray the cost of administering the approval process for assuring that approved providers continue to provide effective training as required. The continuing approval process includes course audits and the auditing activity for an approved provider will be related to the number of trainees trained by the provider and other information available to the Division. A roster fee shall be paid by the approved provider to fund this continuing approval process and to fund the maintenance of the roster specified in subsection (c). The course provider shall remit a roster fee of $5 for each certificated trainee of a Construction Craft Worker Course, and $10 for each certificated trainee of each AHERA training course as specified in Section 341.16(c)(1). The annual cumulative roster fees must total a minimum of $150 for each approved course. If the annual cumulative roster fees is less than $150 for an approved course and the course provider wants to maintain the approval for the course, the course provider must remit a supplemental amount needed to make the $150 minimum annual total by the end of the annual interval. The annual interval commences from the anniversary date of the issuance of approval for the approved course.

(5) Fees required by this subsection shall be payable to the Asbestos Training Approval Account.

(f) Processing of Application.

(1) Within 15 business days of receipt of an application for approval, the Division shall inform the applicant in writing whether the submitted application information required by (d)(2) is complete or additional information needs to be submitted.

(2) Within 45 business days from the date the Division has determined an application is complete, the Division shall inform the applicant that the training course is approved and issue a State of California Course Approval Number to the applicant or inform the applicant that the application for approval is denied, specifying the reason for denial. After an application is denied, a new application with another fee must be submitted if the applicant wishes to continue to seek course approval.

(g) Audit of Training Course.

(1) Each course provider, as a condition of approval, shall permit the Division to attend and audit any training course in part or in its entirety without prior notification to the course provider.

(2) The Division may administer a questionnaire to the trainees at the conclusion of an approved training course to evaluate training effectiveness.

(h) Denial, Suspension and Revocation of Course Approval and of Training Certificates.

(1) The Division may at any time, upon a showing of good cause and after notice deny any application for course approval or certificate; or, suspend or revoke any course approval or training certificate issued pursuant to this section.

(2) Good cause shall be deemed to exist if the Division establishes that a course provider:

(A) Misrepresented the extent of a training course's approval by a State or EPA;

(B) Failed to submit required information, notifications or fees in a timely manner;

(C) Failed to establish and maintain records of the training course materials, instructor qualifications, examinations, accreditation certificates, procedures to verify student fulfillment of prerequisites, and other records required by this section and Appendix A;

(D) Failed to confirm that their students possess valid accreditation before granting course admission for refresher training courses, or for courses with prerequisites;

(E) Falsified instructor qualifications, accreditation records, or other information;

(F) Issued a certificate, but did not provide the corresponding required training; or

(G) Failed to adhere to all requirements of the Model Accreditation Plan in Appendix A.

(3) Good cause shall be deemed to exist if the Division establishes that an individual:

(A) Performed asbestos work requiring accreditation without being in physical possession of initial and current accreditation certificates;

(B) Permitted the duplication or use of one's own accreditation certificate by another;

(D) Obtained accreditation from a training provider that does not have approval to offer training for the particular discipline from either EPA or from a State that has a contractor accreditation plan at least as stringent as the EPA MAP;

(E) Obtained accreditation through fraudulent representation of training or examination documents;

(F) Obtained training documentation through fraudulent means;

(G) Gained admission to and completed refresher training through fraudulent representation of initial or previous refresher training documentation; or

(H) Obtained accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience.

(4) All procedures for denial, suspension, or revocation shall follow the General Rules of Practice and Procedures in Section 340.40 through 340.52.

(5) The affected party may appeal the action of the Division following the General Rules of Practice and Procedures in Sections 340.40 through 340.52.

NOTE

Authority cited: Sections 60.5, 6308 and 9021.9, Labor Code; and 40 CFR Part 763. Reference: Sections 6501.5 and 6501.8(c), Labor Code; Sections 7184 and 7185, Business and Professions Code; and Section 15 of the Asbestos School Hazard Abatement Reauthorization Act.

HISTORY

1. New article 2.7 (section 341.16), section and Appendix A filed 12-3-98; operative 1-2-99 (Register 98, No. 48).

2. Amendment of section and Note filed 5-20-2011; operative 6-19-2011 (Register 2011, No. 20).

Appendix A 40 CFR Part 763, Appendix C to Subpart E, Asbestos Model Accreditation Plan.

I. Asbestos Model Accreditation Plan for States

The Asbestos Model Accreditation Plan (MAP) for States has eight components:

(A) Definitions

(B) Initial Training

(D) Continuing Education

(E) Qualifications

(F) Recordkeeping Requirements for Training Providers

(G) Deaccreditation

(H) Reciprocity

A. Definitions

For purposes of Appendix C:

1. “Friable asbestos-containing material (ACM)” means any material containing more than one percent asbestos which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building, which when dry, may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.

2. “Friable asbestos-containing building material (ACBM)” means any friable ACM that is in or on interior structural members or other parts of a school or public and commercial building.

3. “Inspection” means an activity undertaken in a school building, or a public and commercial building, to determine the presence or location, or to assess the condition of, friable or non-friable asbestos-containing building material (ACBM) or suspected ACBM, whether by visual or physical examination, or by collecting samples of such material. This term includes reinspections of friable and non-friable known or assumed ACBM which has been previously identified. The term does not include the following:

a. Periodic surveillance of the type described in 40 CFR 763.92(b) solely for the purpose of recording or reporting a change in the condition of known or assumed ACBM;

b. Inspections performed by employees or agents of Federal, State, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or

c. visual inspections of the type described in 40 CFR 763.90(i) solely for the purpose of determining completion of response actions.

4. “Major fiber release episode” means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than 3 square or linear feet of friable ACBM.

5. “Minor fiber release episode” means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of 3 square or linear feet or less of friable ACBM.

6. “Public and commercial building” means the interior space of any building which is not a school building, except that the term does not include any residential apartment building of fewer than 10 units or detached single-family homes. The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.

7. “Response action” means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable ACBM.

8. “Small-scale, short-duration activities (SSSD)” are tasks such as, but not limited to:

a. Removal of asbestos-containing insulation on pipes.

b. Removal of small quantities of asbestos-containing insulation on beams or above ceilings.

c. Replacement of an asbestos-containing gasket on a valve.

d. Installation or removal of a small section of drywall.

e. Installation of electrical conduits through or proximate to asbestos-containing materials.

SSSD can be further defined by the following considerations:

f. Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement.

g. Removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag.

h. Minor repairs to damaged thermal system insulation which do not require removal.

i. Repairs to a piece of asbestos-containing wallboard.

j. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function.

B. Initial Training

Training requirements for purposes of accreditation are specified both in terms of required subjects of instruction and in terms of length of training. Each initial training course has a prescribed curriculum and number of days of training. One day of training equals 8 hours, including breaks and lunch. Course instruction must be provided by EPA or State-approved instructors. EPA or State instructor approval shall be based upon a review of the instructor's academic credentials and/or field experience in asbestos abatement.

Beyond the initial training requirements, individual States may wish to consider requiring additional days of training for purposes of supplementing hands-on activities or for reviewing relevant state regulations. States also may wish to consider the relative merits of a worker apprenticeship program. Further, they might consider more stringent minimum qualification standards for the approval of training instructors. EPA recommends that the enrollment in any given course be limited to 25 students so that adequate opportunities exist for individual hands-on experience.

States have the option to provide initial training directly or approve other entities to offer training. The following requirements are for the initial training of persons required to have accreditation under TSCA Title II.

Training requirements for each of the five accredited disciplines are outlined below. Persons in each discipline perform a different job function and distinct role. Inspectors identify and assess the condition of ACBM, or suspect ACBM. Management planners use data gathered by inspectors to assess the degree of hazard posed by ACBM in schools to determine the scope and timing of appropriate response actions needed for schools. Project designers determine how asbestos abatement work should be conducted. Lastly, workers and contractor/supervisors carry out and oversee abatement work. In addition, a recommended training curriculum is also presented for a sixth discipline, which is not federally-accredited, that of “Project Monitor.” Each accredited discipline and training curriculum is separate and distinct from the others. A person seeking accreditation in any of the five accredited MAP disciplines cannot attend two or more courses concurrently, but may attend such courses sequentially.

In several instances, initial training courses for a specific discipline (e.g., workers, inspectors) require hands-on training. For asbestos abatement contractor/supervisors and workers, hands-on training should include working with asbestos-substitute materials, fitting and using respirators, use of glovebags, donning protective clothing, and constructing a decontamination unit as well as other abatement work activities.

1. Workers

A person must be accredited as a worker to carry out any of the following activities with respect to friable ACBM in a school or public and commercial building: (1) A response action other than a SSSD activity, (2) a maintenance activity that disturbs friable ACBM other than a SSSD activity, or (3) a response action for a major fiber release episode. All persons seeking accreditation as asbestos abatement workers shall complete at least a 4-day training course as outlined below. The 4-day worker training course shall include lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit testing, course review, and an examination. Hands-on training must permit workers to have actual experience performing tasks associated with asbestos abatement. A person who is otherwise accredited as a contractor/supervisor may perform in the role of a worker without possessing separate accreditation as a worker.

Because of cultural diversity associated with the asbestos workforce, EPA recommends that States adopt specific standards for the approval of foreign language courses for abatement workers. EPA further recommends the use of audio-visual materials to complement lectures, where appropriate.

The training course shall adequately address the following topics:

(a) Physical characteristics of asbestos. Identification of asbestos, aerodynamic characteristics, typical uses, and physical appearance, and a summary of abatement control options.

(b) Potential health effects related to asbestos exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos-related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.

(c) Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection; donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing; and regulations covering personal protective equipment.

(d) State-of-the-art work practices. Proper work practices for asbestos abatement activities, including descriptions of proper construction; maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of high-efficiency particulate air (HEPA) vacuums; proper clean-up and disposal procedures; work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for sudden releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices.

(e) Personal hygiene. Entry and exit procedures for the work area; use of showers; avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area; and potential exposures, such as family exposure.

(f) Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards, slips, trips, and falls, and confined spaces.

(g) Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physical examinations, including a pulmonary function test, chest X-rays, and a medical history for each employee.

(h) Air monitoring. Procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it.

(i) Relevant Federal, State, and local regulatory requirements, procedures, and standards. With particular attention directed at relevant EPA, OSHA, and State regulations concerning asbestos abatement workers.

(j) Establishment of respiratory protection programs.

(k) Course review. A review of key aspects of the training course.

2. Contractor/Supervisors

A person must be accredited as a contractor/supervisor to supervise any of the following activities with respect to friable ACBM in a school or public and commercial building: (1) A response action other than a SSSD activity, (2) a maintenance activity that disturbs friable ACBM other than a SSSD activity, or (3) a response action for a major fiber release episode. All persons seeking accreditation as asbestos abatement contractor/supervisors shall complete at least a 5-day training course as outlined below. The training course must include lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit testing, course review, and a written examination. Hands-on training must permit supervisors to have actual experience performing tasks associated with asbestos abatement.

EPA recommends the use of audiovisual materials to complement lectures, where appropriate.

Asbestos abatement supervisors include those persons who provide supervision and direction to workers performing response actions. Supervisors may include those individuals with the position title of foreman, working foreman, or leadman pursuant to collective bargaining agreements. At least one supervisor is required to be at the worksite at all times while response actions are being conducted. Asbestos workers must have access to accredited supervisors throughout the duration of the project.

The contractor/supervisor training course shall adequately address the following topics:

(a) The physical characteristics of asbestos and asbestos-containing materials. Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, a review of hazard assessment considerations, and a summary of abatement control options.

(c) Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; and use, storage, and handling of non-disposable clothing; and regulations covering personal protective equipment.

(d) State-of-the-art work practices. Proper work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of HEPA vacuums; and proper clean-up and disposal procedures. Work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices. New abatement-related techniques and methodologies may be discussed.

(e) Personal hygiene. Entry and exit procedures for the work area; use of showers; and avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area. Potential exposures, such as family exposure, shall also be included.

(g) Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physical examinations, including a pulmonary function test, chest X-rays and a medical history for each employee.

(h) Air monitoring. Procedures to determine airborne concentrations of asbestos fibers, including descriptions of aggressive air sampling, sampling equipment and methods, reasons for air monitoring, types of samples and interpretation of results.

EPA recommends that transmission electron microscopy (TEM) be used for analysis of final air clearance samples, and that sample analyses be performed by laboratories accredited by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP).

(i) Relevant Federal, State, and local regulatory requirements, procedures, and standards, including:

(i) Requirements of TSCA Title II.

(ii) National Emission Standards for Hazardous Air Pollutants (40 CFR part 61), Subparts A (General Provisions) and M (National Emission Standard for Asbestos).

(iii) OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134).

(iv) OSHA Asbestos Construction Standard (29 CFR 1926.58).

(v) EPA Worker Protection Rule (40 CFR part 763, Subpart G).

(j) Respiratory Protection Programs and Medical Monitoring Programs.

(k) Insurance and liability issues. Contractor issues; worker's compensation coverage and exclusions; third-party liabilities and defenses; insurance coverage and exclusions.

(l) Recordkeeping for asbestos abatement projects. Records required by Federal, State, and local regulations; records recommended for legal and insurance purposes.

(m) Supervisory techniques for asbestos abatement activities. Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices.

(n) Contract specifications. Discussions of key elements that are included in contract specifications.

(o) Course review. A review of key aspects of the training course.

3. Inspector

All persons who inspect for ACBM in schools or public and commercial buildings must be accredited. All persons seeking accreditation as an inspector shall complete at least a 3-day training course as outlined below. The course shall include lectures, demonstrations, 4 hours of hands-on training, individual respirator fit-testing, course review, and a written examination.

EPA recommends the use of audiovisual materials to complement lectures, where appropriate. Hands-on training should include conducting a simulated building walk-through inspection and respirator fit testing. The inspector training course shall adequately address the following topics:

(a) Background information on asbestos. Identification of asbestos, and examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.

(c) Functions/qualifications and role of inspectors. Discussions of prior experience and qualifications for inspectors and management planners; discussions of the functions of an accredited inspector as compared to those of an accredited management planner; discussion of inspection process including inventory of ACM and physical assessment.

(d) Legal liabilities and defenses. Responsibilities of the inspector and management planner; a discussion of comprehensive general liability policies, claims-made, and occurrence policies, environmental and pollution liability policy clauses; state liability insurance requirements; bonding and the relationship of insurance availability to bond availability.

(e) Understanding building systems. The interrelationship between building systems, including: an overview of common building physical plan layout; heat, ventilation, and air conditioning (HVAC) system types, physical organization, and where asbestos is found on HVAC components; building mechanical systems, their types and organization, and where to look for asbestos on such systems; inspecting electrical systems, including appropriate safety precautions; reading blueprints and as-built drawings.

(f) Public/employee/building occupant relations. Notifying employee organizations about the inspection; signs to warn building occupants; tact in dealing with occupants and the press; scheduling of inspections to minimize disruptions; and education of building occupants about actions being taken.

(g) Pre-inspection planning and review of previous inspection records. Scheduling the inspection and obtaining access; building record review; identification of probable homogeneous areas from blueprints or as-built drawings; consultation with maintenance or building personnel; review of previous inspection, sampling, and abatement records of a building; the role of the inspector in exclusions for previously performed inspections.

(h) Inspecting for friable and non-friable ACM and assessing the condition of friable ACM. Procedures to follow in conducting visual inspections for friable and non-friable ACM; types of building materials that may contain asbestos; touching materials to determine friability; open return air plenums and their importance in HVAC systems; assessing damage, significant damage, potential damage, and potential significant damage; amount of suspected ACM, both in total quantity and as a percentage of the total area; type of damage; accessibility; material's potential for disturbance; known or suspected causes of damage or significant damage; and deterioration as assessment factors.

(i) Bulk sampling/documentation of asbestos. Detailed discussion of the “Simplified Sampling Scheme for Friable Surfacing Materials (EPA 560/5-85-030a October 1985)”; techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials; sampling of non-friable materials; techniques for bulk sampling; inspector's sampling and repair equipment; patching or repair of damage from sampling; discussion of polarized light microscopy; choosing an accredited laboratory to analyze bulk samples; quality control and quality assurance procedures. EPA's recommendation that all bulk samples collected from school or public and commercial buildings be analyzed by a laboratory accredited under the NVLAP administered by NIST.

(j) Inspector respiratory protection and personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection; donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing.

(k) Recordkeeping and writing the inspection report. Labeling of samples and keying sample identification to sampling location; recommendations on sample labeling; detailing of ACM inventory; photographs of selected sampling areas and examples of ACM condition; information required for inclusion in the management plan required for school buildings under TSCA Title II, section 203(i)(1). EPA recommends that States develop and require the use of standardized forms for recording the results of inspections in schools or public or commercial buildings, and that the use of these forms be incorporated into the curriculum of training conducted for accreditation.

(l) Regulatory review. The following topics should be covered: National Emission Standards for Hazardous Air Pollutants (NESHAP; 40 CFR part 61, Subparts A and M); EPA Worker Protection Rule (40 CFR part 763, Subpart G); OSHA Asbestos Construction Standard (29 CFR 1926.58); OSHA respirator requirements (29 CFR 1910.134); the Asbestos-Containing Materials in Schools Rule (40 CFR Part 763, Subpart E); applicable State and local regulations, and differences between Federal and State requirements where they apply, and the effects, if any, on public and nonpublic schools or commercial or public buildings.

(m) Field trip. This includes a field exercise, including a walk-through inspection; on-site discussion about information gathering and the determination of sampling locations; on-site practice in phsical assessment; classroom discussion of field exercise.

(n) Course review. A review of key aspects of the training course.

4. Management Planner

All persons who prepare management plans for schools must be accredited. All persons seeking accreditation as management planners shall complete a 3-day inspector training course as outlined above and a 2-day management planner training course. Possession of current and valid inspector accreditation shall be a prerequisite for admission to the management planner training course. The management planner course shall include lectures, demonstrations, course review, and a written examination.

EPA recommends the use of audiovisual materials to complement lectures, where appropriate.

TSCA Title II does not require accreditation for persons performing the management planner role in public and commercial buildings. Nevertheless, such persons may find this training and accreditation helpful in preparing them to design or administer asbestos operations and maintenance programs for public and commercial buildings.

The management planner training course shall adequately address the following topics:

(a) Course overview. The role and responsibilities of the management planner; operations and maintenance programs; setting work priorities; protection of building occupants.

(b) Evaluation/interpretation of survey results. Review of TSCA Title II requirements for inspection and management plans for school buildings as given in section 203(i)(1) of TSCA Title II; interpretation of field data and laboratory results; comparison of field inspector's data sheet with laboratory results and site survey.

(c) Hazard assessment. Amplification of the difference between physical assessment and hazard assessment; the role of the management planner in hazard assessment; explanation of significant damage, damage, potential damage, and potential significant damage; use of a description (or decision tree) code for assessment of ACM; assessment of friable ACM; relationship of accessibility, vibration sources, use of adjoining space, and air plenums and other factors to hazard assessment.

(d) Legal implications. Liability; insurance issues specific to planners; liabilities associated with interim control measures, in-house maintenance, repair, and removal; use of results from previously performed inspections.

(e) Evaluation and selection of control options. Overview of encapsulation, enclosure, interim operations and maintenance, and removal; advantages and disadvantages of each method; response actions described via a decision tree or other appropriate method; work practices for each response action; staging and prioritizing of work in both vacant and occupied buildings; the need for containment barriers and decontamination in response actions.

(f) Role of other professionals. Use of industrial hygienists, engineers, and architects in developing technical specifications for response actions; any requirements that may exist for architect sign-off of plans; team approach to design of high-quality job specifications.

(g) Developing an operations and maintenance (O&M) plan. Purpose of the plan; discussion of applicable EPA guidance documents; what actions should be taken by custodial staff; proper cleaning procedures; steam cleaning and HEPA vacuuming; reducing disturbance of ACM; scheduling O&M for off-hours; rescheduling or canceling renovation in areas with ACM; boiler room maintenance; disposal of ACM; in-house procedures for ACM-bridging and penetrating encapsulants; pipe fittings; metal sleeves; polyvinyl chloride (PVC), canvas, and wet wraps; muslin with straps, fiber mesh cloth; mineral wool, and insulating cement; discussion of employee protection programs and staff training; case study in developing an O&M plan (development, implementation process, and problems that have been experienced).

(h) Regulatory review. Focusing on the OSHA Asbestos Construction Standard found at 29 CFR 1926.58; the National Emission Standard for Hazardous Air Pollutants (NESHAP) found at 40 CFR part 61, Subparts A (General Provisions) and M (National Emission Standard for Asbestos), EPA Worker Protection Rule found at 40 CFR part 763, Subpart G; TSCA Title II; applicable State regulations.

(i) Recordkeeping for the management planner. Use of field inspector's data sheet along with laboratory results; on-going recordkeeping as a means to track asbestos disturbance; procedures for recordkeeping. EPA recommends that States require the use of standardized forms for purposes of management plans and incorporate the use of such forms into the initial training course for management planners.

(j) Assembling and submitting the management plan. Plan requirements for schools in TSCA Title II section 203(i)(1); the management plan as a planning tool.

(k) Financing abatement actions. Economic analysis and cost estimates; development of cost estimates; present costs of abatement versus future operation and maintenance costs; Asbestos School Hazard Abatement Act grants and loans.

(l) Course review. A review of key aspects of the training course.

5. Project Designer

A person must be accredited as a project designer to design any of the following activities with respect to friable ACBM in a school or public and commercial building: (1) A response action other than a SSSD maintenance activity, (2) a maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity, or (3) a response action for a major fiber release episode. All persons seeking accreditation as a project designer shall complete at least a minimum 3-day training course as outlined below. The project designer course shall include lectures, demonstrations, a field trip, course review and a written examination.

EPA recommends the use of audiovisual materials to complement lectures, where appropriate.

The abatement project designer training course shall adequately address the following topics:

(a) Background information on asbestos. Identification of asbestos; examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.

(b) Potential health effects related to asbestos exposure. Nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency period of asbestos-related diseases; a discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancers of other organs.

(c) Overview of abatement construction projects. Abatement as a portion of a renovation project; OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1926.58).

(d) Safety system design specifications. Design, construction, and maintenance of containment barriers and decontamination enclosure systems; positioning of warning signs; electrical and ventilation system lock-out; proper working techniques for minimizing fiber release; entry and exit procedures for the work area; use of wet methods; proper techniques for initial cleaning; use of negative-pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean-up and disposal of asbestos; work practices as they apply to encapsulation, enclosure, and repair; use of glove bags and a demonstration of glove bag use.

(e) Field trip. A visit to an abatement site or other suitable building site, including on-site discussions of abatement design and building walk-through inspection. Include discussion of rationale for the concept of functional spaces during the walk-through.

(f) Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection; donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing.

(g) Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards.

(h) Fiber aerodynamics and control. Aerodynamic characteristics of asbestos fibers; importance of proper containment barriers; settling time for asbestos fibers; wet methods in abatement; aggressive air monitoring following abatement; aggressive air movement and negative-pressure exhaust ventilation as a clean-up method.

(i) Designing abatement solutions. Discussions of removal, enclosure, and encapsulation methods; asbestos waste disposal.

(j) Final clearance process. Discussion of the need for a written sampling rationale for aggressive final air clearance; requirements of a complete visual inspection; and the relationship of the visual inspection to final air clearance. EPA recommends the use of TEM for analysis of final air clearance samples. These samples should be analyzed by laboratories accredited under the NIST NVLAP.

(k) Budgeting/cost estimating. Development of cost estimates; present costs of abatement versus future operation and maintenance costs; setting priorities for abatement jobs to reduce costs.

(l) Writing abatement specifications. Preparation of and need for a written project design; means and methods specifications versus performance specifications; design of abatement in occupied buildings; modification of guide specifications for a particular building; worker and building occupant health/medical considerations; replacement of ACM with non-asbestos substitutes.

(m) Preparing abatement drawings. Significance and need for drawings, use of as-built drawings as base drawings; use of inspection photographs and on-site reports; methods of preparing abatement drawings; diagramming containment barriers; relationship of drawings to design specifications; particular problems related to abatement drawings.

(n) Contract preparation and administration.

(o) Legal/liabilities/defenses. Insurance considerations; bonding; hold-harmless clauses; use of abatement contractor's liability insurance; claims made versus occurrence policies.

(p) Replacement. Replacement of asbestos with asbestos-free substitutes.

(q) Role of other consultants. Development of technical specification sections by industrial hygienists or engineers; the multi-disciplinary team approach to abatement design.

(r) Occupied buildings. Special design procedures required in occupied buildings; education of occupants; extra monitoring recommendations; staging of work to minimize occupant exposure; scheduling of renovation to minimize exposure.

(s) Relevant Federal, State, and local regulatory requirements, procedures and standards, including, but not limited to:

(i) Requirements of TSCA Title II.

(ii) National Emission Standards for Hazardous Air Pollutants, (40 CFR part 61) subparts A (General Provisions) and M (National Emission Standard for Asbestos).

(iii) OSHA Respirator Standard found at 29 CFR 1910.134.

(iv) EPA Worker Protection Rule found at 40 CFR part 763, subpart G.

(v) OSHA Asbestos Construction Standard found at 29 CFR 1926.58.

(vi) OSHA Hazard Communication Standard found at 29 CFR 1926.59.

(t) Course review. A review of key aspects of the training course.

6. Project Monitor

EPA recommends that States adopt training and accreditation requirements for persons seeking to perform work as project monitors. Project monitors observe abatement activities performed by contractors and generally serve as a building owner's representative to ensure that abatement work is completed according to specification and in compliance with all relevant statutes and regulations. They may also perform the vital role of air monitoring for purposes of determining final clearance. EPA recommends that a State seeking to accredit individuals as project monitors consider adopting a minimum 5-day training course covering the topics outlined below. The course outlined below consists of lectures and demonstrations, at least 6 hours of hands-on training, course review, and a written examination. The hands-on training component might be satisfied by having the student simulate participation in or performance of any of the relevant job functions or activities (or by incorporation of the workshop component described in item “n” below of this unit).

EPA recommends that the project monitor training course adequately address the following topics:

(a) Roles and responsibilities of the project monitor. Definition and responsibilities of the project monitor, including regulatory/specification compliance monitoring, air monitoring, conducting visual inspections, and final clearance monitoring.

(b) Characteristics of asbestos and asbestos-containing materials. Typical uses of asbestos; physical appearance of asbestos; review of asbestos abatement and control techniques; presentation of the health effects of asbestos exposure, including routes of exposure, dose-response relationships, and latency periods for asbestos-related diseases.

(c) Federal asbestos regulations. Overview of pertinent EPA regulations, including: NESHAP, 40 CFR part 61, subparts A and M; AHERA, 40 CFR part 763, subpart E; and the EPA Worker Protection Rule, 40 CFR part 763, subpart G. Overview of pertinent OSHA regulations, including: Construction Industry Standard for Asbestos, 29 CFR 1926.58; Respirator Standard, 29 CFR 1910.134; and the Hazard Communication Standard, 29 CFR 1926.59. Applicable State and local asbestos regulations; regulatory interrelationships.

(d) Understanding building construction and building systems. Building construction basics, building physical plan layout; understanding building systems (HVAC, electrical, etc.); layout and organization, where asbestos is likely to be found on building systems; renovations and the effect of asbestos abatement on building systems.

(e) Asbestos abatement contracts, specifications, and drawings. Basic provisions of the contract; relationships between principle parties, establishing chain of command; types of specifications, including means and methods, performance, and proprietary and nonproprietary; reading and interpreting records and abatement drawings; discussion of change orders; common enforcement responsibilities and authority of project monitor.

(f) Response actions and abatement practices. Pre-work inspections; pre-work considerations, precleaning of the work area, removal of furniture, fixtures, and equipment; shutdown/modification of building systems; construction and maintenance of containment barriers, proper demarcation of work areas; work area entry/exit, hygiene practices; determining the effectiveness of air filtration equipment; techniques for minimizing fiber release, wet methods, continuous cleaning; abatement methods other than removal; abatement area clean-up procedures; waste transport and disposal procedures; contingency planning for emergency response.

(g) Asbestos abatement equipment. Typical equipment found on an abatement project; air filtration devices, vacuum systems, negative pressure differential monitoring; HEPA filtration units, theory of filtration, design/construction of HEPA filtration units, qualitative and quantitative performance of HEPA filtration units, sizing the ventilation requirements, location of HEPA filtration units, qualitative and quantitative tests of containment barrier integrity; best available technology.

(h) Personal protective equipment. Proper selection of respiratory protection; classes and characteristics of respirator types, limitations of respirators; proper use of other safety equipment, protective clothing selection, use, and proper handling, hard/bump hats, safety shoes; breathing air systems, high pressure v. low pressure, testing for Grade D air, determining proper backup air volumes.

(i) Air monitoring strategies. Sampling equipment, sampling pumps (low v. high volume), flow regulating devices (critical and limiting orifices), use of fibrous aerosol monitors on abatement projects; sampling media, types of filters, types of cassettes, filter orientation, storage and shipment of filters; calibration techniques, primary calibration standards, secondary calibration standards, temperature/pressure effects, frequency of calibration, recordkeeping and field work documentation, calculations; air sample analysis, techniques available and limitations of AHERA on their use, transmission electron microscopy (background to sample preparation and analysis, air sample conditions which prohibit analysis, EPA's recommended technique for analysis of final air clearance samples), phase contrast microscopy (background to sample preparation, and AHERA's limits on the use of phase contrast micrscopy), what each technique measures; analytical methodologies, AHERA TEM protocol, NIOSH 7400, OSHA reference method (non clearance), EPA recommendation for clearance (TEM); sampling strategies for clearance monitoring, types of air samples (personal breathing zone v. fixed-station area) sampling location and objectives (pre-abatement, during abatement, and clearance monitoring), number of samples to be collected, minimum and maximum air volumes, clearance monitoring (post-visual-inspection) (number of samples required, selection of sampling locations, period of sampling, aggressive sampling, interpretations of sampling results, calculations), quality assurance; special sampling problems, crawl spaces, acceptable samples for laboratory analysis, sampling in occupied buildings (barrier monitoring).

(j) Safety and health issues other than asbestos. Confined-space entry, electrical hazards, fire and explosion concerns, ladders and scaffolding, heat stress, air contaminants other than asbestos, fall hazards, hazardous materials on abatement projects.

(k) Conducting visual inspections. Inspections during abatement, visual inspections using the ASTM E1368 document; conducting inspections for completeness of removal; discussion of “how clean is clean?”

(l) Legal responsibilities and liabilities of project monitors. Specification enforcement capabilities; regulatory enforcement; licensing; powers delegated to project monitors through contract documents.

(m) Recordkeeping and report writing. Developing project logs/daily logs (what should be included, who sees them); final report preparation; recordkeeping under Federal regulations.

(n) Workshops (6 hours spread over 3 days). Contracts, specifications, and drawings: This workshop could consist of each participant being issued a set of contracts, specifications, and drawings and then being asked to answer questions and make recommendations to a project architect, engineer or to the building owner based on given conditions and these documents.

Air monitoring strategies/asbestos abatement equipment: This workshop could consist of simulated abatement sites for which sampling strategies would have to be developed (i.e., occupied buildings, industrial situations). Through demonstrations and exhibition, the project monitor may also be able to gain a better understanding of the function of various pieces of equipment used on abatement projects (air filtration units, water filtration units, negative pressure monitoring devices, sampling pump calibration devices, etc.).

Conducting visual inspections: This workshop could consist, ideally, of an interactive video in which a participant is “taken through” a work area and asked to make notes of what is seen. A series of questions will be asked which are designed to stimulate a person's recall of the area. This workshop could consist of a series of two or three videos with different site conditions and different degrees of cleanliness.

C. Examinations

1. Each State shall administer a closed book examination or designate other entities such as State-approved providers of training courses to administer the closed-book examination to persons seeking accreditation who have completed an initial training course. Demonstration testing may also be included as part of the examination. A person seeking initial accreditation in a specific discipline must pass the examination for that discipline in order to receive accreditation. For example, a person seeking accreditation as an abatement project designer must pass the State's examination for abatement project designer.

States may develop their own examinations, have providers of training courses develop examinations, or use standardized examinations developed for purposes of accreditation under TSCA Title II. In addition, States may supplement standardized examinations with questions about State regulations. States may obtain commercially developed standardized examinations, develop standardized examinations independently, or do so in cooperation with other States, or with commercial or non-profit providers on a regional or national basis. EPA recommends the use of standardized, scientifically-validated testing instruments, which may be beneficial in terms of both promoting competency and in fostering accreditation reciprocity between States.

Each examination shall adequately cover the topics included in the training course for that discipline. Each person who completes a training course, passes the required examination, and fulfills whatever other requirements the State imposes must receive an accreditation certificate in a specific discipline. Whether a State directly issues accreditation certificates, or authorizes training providers to issue accreditation certificates, each certificate issued to an accredited person must contain the following minimum information:

a. A unique certificate number

b. Name of accredited person

c. Discipline of the training course completed.

d. Dates of the training course.

e. Date of the examination.

f. An expiration date of 1 year after the date upon which the person successfully completed the course and examination.

g. The name, address, and telephone number of the training provider that issued the certificate.

h. A statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under TSCA Title II.

States or training providers who reaccredit persons based upon completion of required refresher training must also provide accreditation certificates with all of the above information, except the examination date may be omitted if a State does not require a refresher examination for reaccreditation.

Where a State licenses accredited persons but has authorized training providers to issue accreditation certificates, the State may issue licenses in the form of photo-identification cards. Where this applies, EPA recommends that the State licenses should include all of the same information required for the accreditation certificates. A State may also choose to issue photo-identification cards in addition to the required accreditation certificates.

Accredited persons must have their initial and current accreditation certificates at the location where they are conducting work.

2. The following are the requirements for examination in each discipline:

a. Worker:

i. 50 multiple-choice questions

ii. Passing score: 70 percent correct

b. Contractor/Supervisor:

i. 100 multiple-choice questions

ii. Passing score: 70 percent correct

c. Inspector:

i. 50 Multiple-choice questions

ii. Passing score: 70 percent correct

d. Management Planner:

i. 50 Multiple-choice questions

ii. Passing score: 70 percent correct

e. Project Designer:

i. 100 multiple-choice questions

ii. Passing score: 70 percent correct

D. Continuing Education

For all disciplines, a State's accreditation program shall include annual refresher training as a requirement for reaccreditation as indicated below:

1. Workers: One full day of refresher training.

2. Contractor/Supervisors: One full day of refresher training.

3. Inspectors: One half-day of refresher training.

4. Management Planners: One half-day of inspector refresher training and one half-day of refresher training for management planners.

5. Project Designers: One full day of refresher training.

The refresher courses shall be specific to each discipline. Refresher courses shall be conducted as separate and distinct courses and not combined with any other training during the period of the refresher course. For each discipline, the refresher course shall review and discuss changes in Federal, State, and local regulations, developments in state-of-the-art procedures, and a review of key aspects of the initial training course as determined by the State. After completing the annual refresher course, persons shall have their accreditation extended for an additional year from the date of the refresher course. A State may consider requiring persons to pass reaccreditation examinations at specific intervals (for example, every 3 years).

EPA recommends that States formally establish a 12-month grace period to enable formerly accredited persons with expired certificates to complete refresher training and have their accreditation status reinstated without having to re-take the initial training course.

E. Qualifications

In addition to requiring training and an examination, a State may require candidates for accreditation to meet other qualification and/or experience standards that the State considers appropriate for some or all disciplines. States may choose to consider requiring qualifications similar to the examples outlined below for inspectors, management planners and project designers. States may modify these examples as appropriate. In addition, States may want to include some requirements based on experience in performing a task directly as a part of a job or in an apprenticeship role. They may also wish to consider additional criteria for the approval of training course instructors beyond those prescribed by EPA.

1. Inspectors: Qualifications--possess a high school diploma. States may want to require an Associate's Degree in specific fields (e.g., environmental or physical sciences).

2. Management Planners: Qualifications--Registered architect, engineer, or certified industrial hygienist or related scientific field.

3. Project Designers: Qualifications--registered architect, engineer, or certified industrial hygienist.

4. Asbestos Training Course Instructor: Qualifications--academic credentials and/or field experience in asbestos abatement.

EPA recommends that States prescribe minimum qualification standards for training instructors employed by training providers.

F. Recordkeeping Requirements for Training Providers

All approved providers of accredited asbestos training courses must comply with the following minimum recordkeeping requirements.

1. Training course materials. A training provider must retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instructor notebooks and handouts.

2. Instructor qualifications. A training provider must retain copies of all instructors' resumes, and the documents approving each instructor issued by either EPA or a State. Instructors must be approved by either EPA or a State before teaching courses for accreditation purposes. A training provider must notify EPA or the State, as appropriate, in advance whenever it changes course instructors. Records must accurately identify the instructors that taught each particular course for each date that a course is offered.

3. Examinations. A training provider must document that each person who receives an accreditation certificate for an initial training course has achieved a passing score on the examination. These records must clearly indicate the date upon which the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam. The topic and dates of the training course must correspond to those listed on that person's accreditation certificate. States may choose to apply these same requirements to examinations for refresher training courses.

4. Accreditation certificates. The training providers or States, whichever issues the accreditation certificate, shall maintain records that document the names of all persons who have been awarded certificates, their certificate numbers, the disciplines for which accreditation was conferred, training and expiration dates, and the training location. The training provider or State shall maintain the records in a manner that allows verification by telephone of the required information.

5. Verification of certificate information. EPA recommends that training providers of refresher training courses confirm that their students possess valid accreditation before granting course admission. EPA further recommends that training providers offering the initial management planner training course verify that students have met the prerequisite of possessing valid inspector accreditation at the time of course admission.

6. Records retention and access.

(a) The training provider shall maintain all required records for a minimum of 3 years. The training provider, however, may find it advantageous to retain these records for a longer period of time.

(b) The training provider must allow reasonable access to all of the records required by the MAP, and to any other records which may be required by States for the approval of asbestos training providers or the accreditation of asbestos training courses, to both EPA and to State Agencies, on request. EPA encourages training providers to make this information equally accessible to the general public.

(c) If a training provider ceases to conduct training, the training provider shall notify the approving government body (EPA or the State) and give it the opportunity to take possession of that providers asbestos training records.

G. Deaccreditation

1. States must establish criteria and procedures for deaccrediting persons accredited as workers, contractor/supervisors, inspectors, management planners, and project designers. States must follow their own administrative procedures in pursuing deaccreditation actions. At a minimum, the criteria shall include:

(a) Performing work requiring accreditation at a job site without being in physical possession of initial and current accreditation certificates;

(b) Permitting the duplication or use of one's own accreditation certificate by another;

(d) Obtaining accreditation from a training provider that does not have approval to offer training for the particular discipline from either EPA or from a State that has a contractor accreditation plan at least as stringent as the EPA MAP. EPA may directly pursue deaccreditation actions without reliance on State deaccreditation or enforcement authority or actions. In addition to the above-listed situations, the Administrator may suspend or revoke the accreditation of persons who have been subject to a final order imposing a civil penalty or convicted under section 16 of TSCA, 15 U.S.C. 2615 or 2647, for violations of 40 CFR part 763, or section 113 of the Clean Air Act, 42 U.S.C. 7413, for violations of 40 CFR part 61, subpart M.

2. Any person who performs asbestos work requiring accreditation under section 206(a) of TSCA, 15 U.S.C. 2646(a), without such accreditation is in violation of TSCA. The following persons are not accredited for purposes of section 206(a) of TSCA:

(a) Any person who obtains accreditation through fraudulent representation of training or examination documents;

(b) Any person who obtains training documentation through fraudulent means;

(c) Any person who gains admission to and completes refresher training through fraudulent representation of initial or previous refresher training documentation; or

(d) Any person who obtains accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience.

H. Reciprocity

EPA recommends that each State establish reciprocal arrangements with other States that have established accreditation programs that meet or exceed the requirements of the MAP. Such arrangements might address cooperation in licensing determinations, the review and approval of training programs and/or instructors, candidate testing and exam administration, curriculum development, policy formulation, compliance monitoring, and the exchange of information and data. The benefits to be derived from these arrangements include a potential cost-savings from the reduction of duplicative activity and the attainment of a more professional accredited workforce as States are able to refine and improve the effectiveness of their programs based upon the experience and methods of other States.

II. EPA Approval Process for State Accreditation Programs

A. States may seek approval for a single discipline or all disciplines as specified in the MAP. For example, a State that currently only requires worker accreditation may receive EPA approval for that discipline alone. EPA encourages States that currently do not have accreditation requirements for all disciplines required under section 206(b)(2) of TSCA, 15 U.S.C. 2646(b)(2), to seek EPA approval for those disciplines the State does accredit. As States establish accreditation requirements for the remaining disciplines, the requested information outlined below should be submitted to EPA as soon as possible. Any State that had an accreditation program approved by EPA under an earlier version of the MAP may follow the same procedures to obtain EPA approval of their accreditation program under this MAP.

B. Partial approval of a State Program for the accreditation of one or more disciplines does not mean that the State is in full compliance with TSCA where the deadline for that State to have adopted a State Plan no less stringent than the MAP has already passed. State Programs which are at least as stringent as the MAP for one or more of the accredited disciplines may, however, accredit persons in those disciplines only.

C. States seeking EPA approval or reapproval of accreditation programs shall submit the following information to the Regional Asbestos Coordinator at their EPA Regional office:

1. A copy of the legislation establishing or upgrading the State's accreditation program (if applicable).

2. A copy of the State's accreditation regulations or revised regulations.

3. A letter to the Regional Asbestos Coordinator that clearly indicates how the State meets the program requirements of this MAP. Addresses for each of the Regional Asbestos Coordinators are shown below:

EPA, Region I, (ATC-111) Asbestos Coordinator, JFK Federal Bldg., Boston, MA 02203-2211, (617) 565-3836.

EPA, Region II, (MS-500), Asbestos Coordinator, 2890 Woodbridge Ave., Edison, NJ 08837-3679, (908) 321-6671.

EPA, Region III, (3AT-33), Asbestos Coordinator, 841 Chestnut Bldg., Philadelphia, PA 19107, (215) 597-3160.

EPA, Region IV, Asbestos Coordinator, 345 Courtland St., N.E., Atlanta, GA 30365, (404) 347-5014.

EPA, Region V, (SP-14J), Asbestos Coordinator, 77 W. Jackson Blvd., Chicago, IL 60604-3590, (312) 886-6003.

EPA, Region VI, (6T-PT), Asbestos Coordinator, 1445 Ross Ave., Dallas, TX 75202-2744, (214) 655-7244.

EPA, Region VII, (ARTX/ASBS), Asbestos Coordinator, 726 Minnesota Ave., Kansas City, KS 66101, (913) 551-7020.

EPA, Region VIII, (8AT-TS), Asbestos Coordinator, 1 Denver Place, Suite 500, 999 - 18th St., Denver, CO 80202-2405, (303) 293-1442.

EPA, Region IX, (A-4-4), Asbestos Coordinator, 75 Hawthorne St., San Francisco, CA 94105, (415) 744-1128.

EPA, Region X, (AT-083), Asbestos Coordinator, 1200 Sixth Ave., Seattle, WA 98101, (206) 553-4762.

EPA maintains a listing of all those States that have applied for and received EPA approval for having accreditation requirements that are at least as stringent as the MAP for one or more disciplines. Any training courses approved by an EPA-approved State Program are considered to be EPA-approved for purposes of accreditation.

III. Approval of Training Courses

Individuals or groups wishing to sponsor training courses for disciplines required to be accredited under section 206(b)(1)(A) of TSCA, 15 U.S.C. 2646(b)(1)(A), may apply for approval from States that have accreditation program requirements that are at least as stringent as this MAP. For a course to receive approval, it must meet the requirements for the course as outlined in this MAP, and any other requirements imposed by the State from which approval is being sought. Courses that have been approved by a State with an accreditation program at least as stringent as this MAP are approved under section 206(a) of TSCA, 15 U.S.C. 2646(a), for that particular State, and also for any other State that does not have an accreditation program as stringent as this MAP.

A. Initial Training Course Approval

A training provider must submit the following minimum information to a State as part of its application for the approval of each training course:

1. The course provider's name, address, and telephone number.

2. A list of any other States that currently approve the training course.

3. The course curriculum.

4. A letter from the provider of the training course that clearly indicates how the course meets the MAP requirements for:

a. Length of training in days.

b. Amount and type of hands-on training.

c. Examination (length, format, and passing score).

d. Topics covered in the course.

5. A copy of all course materials (student manuals, instructor notebooks, handouts, etc.).

6. A detailed statement about the development of the examination used in the course.

7. Names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement.

8. A description of and an example of the numbered certificates issued to students who attend the course and pass the examination.

B. Refresher Training Course Approval

The following minimum information is required for approval of refresher training courses by States:

1. The length of training in half-days or days.

2. The topics covered in the course.

3. A copy of all course materials (student manuals, instructor notebooks, handouts, etc.).

4. The names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement.

5. A description of and an example of the numbered certificates issued to students who complete the refresher course and pass the examination, if required.

C. Withdrawal of Training Course Approval

States must establish criteria and procedures for suspending or withdrawing approval from accredited training programs. States should follow their own administrative procedures in pursuing actions for suspension or withdrawal of approval of training programs. At a minimum, the criteria shall include:

(1) Misrepresentation of the extent of a training course's approval by a State or EPA;

(2) Failure to submit required information or notifications in a timely manner;

(3) Failure to maintain requisite records;

(4) Falsification of accreditation records, instructor qualifications, or other accreditation information; or

(5) Failure to adhere to the training standards and requirements of the EPA MAP or State Accreditation Program, as appropriate.

In addition to the criteria listed above, EPA may also suspend or withdraw a training course's approval where an approved training course instructor, or other person with supervisory authority over the delivery of training has been found in violation of other asbestos regulations administered by EPA. An administrative or judicial finding of violation, or execution of a consent agreement and order under 40 CFR 22.18, constitutes evidence of a failure to comply with relevant statutes or regulations. States may wish to adopt this criterion modified to include their own asbestos statutes or regulations. EPA may also suspend or withdraw approval of training programs where a training provider has submitted false information as a part of the self-certification required under Unit V.B. of the revised MAP.

Training course providers shall permit representatives of EPA or the State which approved their training courses to attend, evaluate, and monitor any training course without charge. EPA or State compliance inspection staff are not required to give advance notice of their inspections. EPA may suspend or withdraw State or EPA approval of a training course based upon the criteria specified in this Unit III.C.

IV. EPA Procedures for Suspension or Revocation of Accreditation or Training Course Approval

A. If the Administrator decides to suspend or revoke the accreditation of any person or suspend or withdraw the approval of a training course, the Administrator will notify the affected entity of the following:

1. The grounds upon which the suspension, revocation, or withdrawal is based.

2. The time period during which the suspension, revocation, or withdrawal is effective, whether permanent or otherwise.

3. The conditions, if any, under which the affected entity may receive accreditation or approval in the future.

4. Any additional conditions which the Administrator may impose.

5. The opportunity to request a hearing prior to final Agency action to suspend or revoke accreditation or suspend or withdraw approval.

B. If a hearing is requested by the accredited person or training course provider pursuant to the preceding paragraph, the Administrator will:

1. Notify the affected entity of those assertions of law and fact upon which the action to suspend, revoke, or withdraw is based.

2. Provide the affected entity an opportunity to offer written statements of facts, explanations, comments, and arguments relevant to the proposed action.

3. Provide the affected entity such other procedural opportunities as the Administrator may deem appropriate to ensure a fair and impartial hearing.

4. Appoint an EPA attorney as Presiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with the specific case.

C. The Presiding Officer appointed pursuant to the preceding paragraph shall:

1. Conduct a fair, orderly, and impartial hearing, without unnecessary delay.

2. Consider all relevant evidence, explanation, comment, and argument submitted pursuant to the preceding paragraph.

3. Promptly notify the affected entity of his or her decision and order. Such an order is a final Agency action.

D. If the Administrator determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any person or the approval of any training course provider, the Administrator will:

1. Notify the affected entity of the grounds upon which the emergency suspension is based;

2. Notify the affected entity of the time period during which the emergency suspension is effective.

3. Notify the affected entity of the Administrator's intent to suspend or revoke accreditation or suspend or withdraw training course approval, as appropriate, in accordance with Unit IV.A. above. If such suspension, revocation, or withdrawal notice has not previously been issued, it will be issued at the same time the emergency suspension notice is issued.

E. Any notice, decision, or order issued by the Administrator under this section, and any documents filed by an accredited person or approved training course provider in a hearing under this section, shall be available to the public except as otherwise provided by section 14 of TSCA or by 40 CFR part 2. Any such hearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or 40 CFR part 2.

V. Implementation Schedule

The various requirements of this MAP become effective in accordance with the following schedules:

A. Requirements applicable to State Programs

1. Each State shall adopt an accreditation plan that is at least as stringent as this MAP within 180 days after the commencement of the first regular session of the legislature of the State that is convened on or after April 4, 1994.

2. If a State has adopted an accreditation plan at least as stringent as this MAP as of April 4, 1994, the State may continue to:

a. Conduct TSCA training pursuant to this MAP.

b. Approve training course providers to conduct training and to issue accreditation that satisfies the requirements for TSCA accreditation under this MAP.

c. Issue accreditation that satisfies the requirements for TSCA accreditation under this MAP.

3. A State that had complied with an earlier version of the MAP, but has not adopted an accreditation plan at least as stringent as this MAP by April 4, 1994, may:

a. Conduct TSCA training which remains in compliance with the requirements of Unit V.B. of this MAP. After such training has been self-certified in accordance with Unit V.B. of this MAP, the State may issue accreditation that satisfies the requirement for TSCA accreditation under this MAP.

b. Sustain its approval for any training course providers to conduct training and issue TSCA accreditation that the State had approved before April 4, 1994, and that remain in compliance with Unit V.B. of this MAP.

c. Issue accreditation pursuant to an earlier version of the MAP that provisionally satisfies the requirement for TSCA accreditation until October 4, 1994. Such a State may not approve new TSCA training course providers to conduct training or to issue TSCA accreditation that satisfies the requirements of this MAP until the State adopts an accreditation plan that is at least as stringent as this MAP.

4. A State that had complied with an earlier version of the MAP, but fails to adopt a plan as stringent as this MAP by the deadline established in Unit V.A.1., is subject to the following after that deadline date:

a. The State loses any status it may have held as an EPA-approved State for accreditation purposes under section 206 of TSCA, 15 U.S.C. 2646.

b. All training course providers approved by the State lose State approval to conduct training and issue accreditation that satisfies the requirements for TSCA accreditation under this MAP.

c. The State may not:

i. Conduct training for accreditation purposes under section 206 of TSCA, 15 U.S.C. 2646.

ii. Approve training course providers to conduct training or issue accreditation that satisfies the requirements for TSCA accreditation; or

iii. Issue accreditation that satisfies the requirement for TSCA accreditation. EPA will extend EPA-approval to any training course provider that loses State approval because the State does not comply with the deadline, so long as the provider is in compliance with Unit V.B. of this MAP, and the provider is approved by a State that had complied with an earlier version of the MAP as of the day before the State loses its EPA approval.

5. A State that does not have an accreditation program that satisfies the requirements for TSCA accreditation under either an earlier version of the MAP or this MAP, may not:

a. Conduct training for accreditation purposes under section 206 of TSCA, 15 U.S.C. 2646;

b. Approve training course providers to conduct training or issue accreditation that satisfies the requirements for TSCA accreditation; or

c. Issue accreditation that satisfies the requirement for TSCA accreditation.

B. Requirements applicable to Training Courses and Providers

As of October 4, 1994, an approved training provider must certify to EPA and to any State that has approved the provider for TSCA accreditation, that each of the provider's training courses complies with the requirements of this MAP. The written submission must document in specific detail the changes made to each training course in order to comply with the requirements of this MAP and clearly state that the provider is also in compliance with all other requirements of this MAP, including the new recordkeeping and certificate provisions. Each submission must include the following statement signed by an authorized representative of the training provider: “Under civil and criminal penalties of law for the making or submission of false or fraudulent statements or representations (18 U.S.C. 1001 and 15 U.S.C. 2615), I certify that the training described in this submission complies with all applicable requirements of Title II of TSCA, 40 CFR part 763, Appendix C to Subpart E, as revised, and any other applicable Federal, state or local requirements.” A consolidated self-certification submission from each training provider that addresses all of its approved training courses is permissible and encouraged.

The self-certification must be sent via registered mail, to EPA Headquarters at the following address: Attn. Self-Certification Program, Field Programs Branch, Chemical Management Division (7404), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. A duplicate copy of the complete submission must also be sent to any States from which approval had been obtained.

The timely receipt of a complete self-certification by EPA and all approving States shall have the effect of extending approval under this MAP to the training courses offered by the submitting provider. If a self-certification is not received by the approving government bodies on or before the due date, the affected training course is not approved under this MAP. Such training providers must then reapply for approval of these training courses pursuant to the procedures outlined in Unit III.

C. Requirements applicable to Accredited Persons.

Persons accredited by a State with an accreditation program no less stringent than an earlier version of the MAP or by an EPA-approved training provider as of April 3, 1994, are accredited in accordance with the requirements of this MAP, and are not required to retake initial training. They must continue to comply with the requirements for annual refresher training in Unit I.D. of the revised MAP.

D. Requirements applicable to Non-Accredited Persons.

In order to perform work requiring accreditation under TSCA Title II, persons who are not accredited by a State with an accreditation program no less stringent than an earlier version of the MAP or by an EPA-approved training provider as of April 3, 1994, must comply with the upgraded training requirements of this MAP by no later than October 4, 1994. Non-accredited persons may obtain initial accreditation on a provisional basis by successfully completing any of the training programs approved under an earlier version of the MAP, and thereby perform work during the first 6 months after this MAP takes effect. However, by October 4, 1994, these persons must have successfully completed an upgraded training program that fully complies with the requirements of this MAP in order to continue to perform work requiring accreditation under section 206 of TSCA, 15 U.S.C. 2646.

[52 FR 15876, Apr. 30, 1987; 59 FR 5236, Feb. 3, 1994; 60 FR 31917, June 19, 1995]

§341.17. Approval of Asbestos Cement Pipe Training and Asbestos Cement Pipe Course Providers for the Purpose of Employer Exemption from Registration Requirements.

Note • History

(a) Scope and Application.

Any course provider (individual or business entity) desiring to provide asbestos cement pipe training for the purpose of employer exemption from requirements for “asbestos-related work” as provided by Section 1529(r) and Labor Code Section 6501.8(c) shall apply for and obtain approval pursuant to this section.

(b) Criteria for Asbestos Cement Pipe Course Approval.

(1) Initial course. The course shall consist of a minimum of four (4) hours training for workers and for supervisors, and shall include, but is not limited to the following topics:

(A) The physical characteristics and health hazards of asbestos.

(B) The types of asbestos cement pipe an employee may encounter in his or her specific work assignments.

(D) A review of general industry and construction safety orders relating to asbestos exposure.

(E) Hands-on instruction using pipe and the tools and equipment employees will use in the work place.

(2) Refresher course. Annual re-training must be provided in accordance with Section 1529(k)(9)(B). The annual refresher shall include at least two hours of review of the important elements covered in the initial course, any changes in federal and state asbestos regulations, and the latest developments in state of the art practices for work involving asbestos cement pipe.

Any individual or entity that desires to provide Division approved asbestos cement pipe training may apply to the Division at this address:

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
AC PIPE TRAINING APPROVAL
P.O. BOX 420603
SAN FRANCISCO, CA 94142

The following information shall be provided:

(1) The name and address of the individual or entity providing the training, the name and title of the person submitting the application with his or her signature and a statement certifying that the information and material submitted will be used in the course for which approval is being sought, and the name, title, and telephone number of the person whom the Division should contact regarding course approval matters.

(2) A written description of the training topics and hands-on practices that will be taught, and a copy of any training documents and visual training aids that will be used.

(d) Application Fee.

(1) The application fee is $200 for the initial course and $100 for the annual refresher course.

(2) Remittance for the application fee shall be made payable to Asbestos Training Approval Account.

(3) The fee is not refundable.

(e) Process of Application.

(1) Within 25 business days of receipt of an application, the Division shall notify the applicant in writing that the application is approved and issue a Division Course Approval Number, or that the application is deficient. The notice shall specify what additional information or documentation is necessary when the application is found to be deficient.

(2) Within 15 business days of receipt of the requested additional information or documentation, the Division shall notify the applicant in writing that the application is approved and issue a Division Approval Number, or that the application is still deficient and denied.

(3) An applicant whose application is denied may submit a new application with another application fee.

(f) Training Records.

(1) To maintain the course approval, the course provider shall maintain records which give the names of the trainees, the dates that the training was provided, the name(s) of the instructor(s) giving the training, and the Division issued Course Approval Number. This applies whether or not the course provider is also the employer.

(2) The course provider shall provide a copy of the training records to the Division when requested.

(3) Training records shall be maintained for a minimum of three years.

(g) Denial, Suspension and Revocation of Course Approval and of Training Certificates.

(1) The Division may at any time, upon showing of good cause and after notice, revoke any course approval or training certificate issued pursuant to this section.

(2) All procedures for denial, suspension, or revocation shall follow the General Rules of Practice and Procedures in sections 340.40 through 340.52.

(3) The affected party may appeal the action of the Division following the General Rules of Practice and Procedures in sections 340.40 through 340.52.

NOTE

Authority cited: Sections 60.5, 6308 and 9021.9, Labor Code. Reference: Sections 6501 and 9021.9, Labor Code; and Section 1529, Title 8, California Code of Regulations.

HISTORY

1. New section filed 10-9-2003; operative 11-8-2003 (Register 2003, No. 41).

2. Change without regulatory effect amending subsection (g)(2) filed 12-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 52).

3. Amendment of subsections (g) and (g)(1), repealer and new subsections (g)(2) and (g)(3), repealer of subsections (g)(4)-(g)(6) and amendment of Note filed 5-20-2011; operative 6-19-2011 (Register 2011, No. 20).

Article 3. Reporting Work-Connected Injuries

§342. Reporting Work-Connected Fatalities and Serious Injuries.

Note • History

(a) Every employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment.

Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.

Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.

(b) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury, or illness, or death occurs, the nearest office of the Division of Occupational Safety and Health shall be notified by telephone immediately by the responding agency.

(c) When making such report, whether by telephone or telegraph, the reporting party shall include the following information, if available:

(1) Time and date of accident.

(2) Employer's name, address and telephone number.

(3) Name and job title, or badge number of person reporting the accident.

(4) Address of site of accident or event.

(5) Name of person to contact at site of accident.

(6) Name and address of injured employee(s).

(7) Nature of injury.

(8) Location where injured employee(s) was (were) moved to.

(9) List and identity of other law enforcement agencies present at the site of accident.

(10) Description of accident and whether the accident scene or instrumentality has been altered.

(d) The reporting in (a) and (b) above, is in addition to any other reports required by law and may be made by any person authorized by the employers, state, county, or local agencies to make such reports.

NOTE

Authority cited: Sections 60.5, 6308 and 6409.1, Labor Code. Reference: Sections 6302(h), 6307, 6308, 6313 and 6409, Labor Code.

HISTORY

1. New Article 3 (Section 342) filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 10-25-74 (Register 74, No. 43).

3. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

4. Amendment of subsection (a), repealer of subsection (d) and relettering of subsection (e) to subsection (d) filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

5. Amendment of subsection (a) and new subsection (c)(10) filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).

6. Amendment of subsection (a) filed 5-22-87; operative upon filing (Register 87, No. 22). (p. 8.24.6.2.1)

7. Amendment of subsection (a) filed 8-2-96; operative 9-1-96 (Register 96, No. 31).

Article 4. Aerial Passenger Tramway Inspection Fee Schedule

§343. Aerial Passenger Tramway Inspection Fee Schedule.

Note • History

(a) Inspection Fees. Pursuant to Section 7350 of the Labor Code the Division hereby fixes inspection fees as follows:

(1) A fee of $245.00 per hour or fraction thereof shall be charged for new inspections, major alterations, operational inspections, and consultations performed by a Division engineer.

(2) Fees shall be charged for actual inspection time. Actual inspection time begins from the time the Division engineer arrives, by appointment, in the area and continues until the engineer has completed the Division's report and is ready to leave the area.

(3) Permit of an existing installation shall be:

Rope Tow $ 245.00 per unit

Surface Lift $ 490.00 per unit

Fixed Grip Lift

--up to 1000 feet $ 490.00 per unit

--up to 4000 feet $ 735.00 per unit

--over 4000 feet $1,225.00 per unit

Detachable Grip Lift

Chair--up to 1000 feet $1,470.00 per unit

Chair--up to 4000 feet $1,960.00 per unit

Chair--over 4000 feet $2,450.00 per unit

Gondola--up to 2000 feet $1,470.00 per unit

Gondola--over 2000 feet $2,450.00 per unit

Aerial Tramway $2,940.00 per unit

(4) A flat fee equal to one hour ($245.00) shall be charged to cover travel to each operator site for new inspections, major alterations, operational inspections, and consultations performed by a Division engineer. This fee shall be charged regardless of the actual travel time expended. The Division shall also charge an owner/operator either the inspector's actual travel time or the 1 hour flat fee, whichever is greater, at the hourly billing rate to a rescheduled inspection if the inspection was rescheduled because the owner/operator either failed to show up or was unprepared for the originally-scheduled inspection.

(b) No charge shall be made in any one permit year for more than two inspections except where safety orders have not been complied with and subsequent inspections are necessary. Then, an additional fee not to exceed $245.00 per hour or fraction thereof may, at the discretion of the Division, be charged.

(c) The Division will charge no fee for an inspection performed by a certified insurance inspector except a charge of $10.00 to cover the cost of processing the permit to operate.

(d) Aerial passenger tramways shall be inspected at least two times each year.

(e) At least one of the inspections required by subdivision (d) shall take place between November 15 of each year and March 15 of the succeeding year.

NOTE

Authority cited: Sections 60.5, 6308 and 7350, Labor Code. Reference: Sections 7344, 7350 and 7352, Labor Code.

HISTORY

1. Repealer of article 4 (sections 343-343.2) and new article 4 (section 343) filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49). For prior history, see Registers 76, No. 50 and 77, No. 18.

2. Repealer and new section filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

3. Amendment of subsections (a) and (b) filed 7-21-82; effective thirtieth day thereafter (Register 82, No. 30).

4. Amendment of subsections (a) and (b) filed 12-4-84; effective thirtieth day thereafter (Register 84, No. 49).

5. Amendment of subsections (a)(1) and (b) filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

6. Amendment of subsections (a)(1) and (b) and new subsection (a)(3) filed 8-25-92; operative 9-24-92 (Register 92, No. 35).

7. Amendment of subsections (a)(1) and (a)(3), new subsection (a)(4), amendment of subsection (b) and amendment of Note filed 12-27-2011; operative 12-27-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 52).

Article 5. Boiler and Tank Permit and Inspection Fee Schedule

§344. Shop and Resale Inspection Fees, Consultation and Audit Fees, Boilers and Tanks.

Note • History

(a) A fee of $110.00 per hour, or part thereof, including travel time as set forth in part (1) of this subsection, based on quarter hour intervals, with a minimum of one-half hour, shall be charged for all shop, field erection and resale inspections of all tanks, boilers, parts of tanks and boilers, nuclear components and for consultation, surveys, audits, manual review and other activities required or related to the ASME code or other national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator's plant facilities when these services are requested of the division by entities desiring these services.

(1) Travel time shall include the travel time from the Division's local office or the site of previous inspection, whichever is less, to the inspection site and travel time from the inspection site to the Division's local office or the site of a following inspection, whichever is less. The Division shall not charge more than one employer for the same period of travel time.

(b) Whenever a person using qualified engineers of the division to perform services stated in Section 344(a) fails to pay the fees required under this section within 60 days after notification, said person shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of the fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.

(1) When the mileage from the division's office of the authorized inspector or authorized inspector-supervisor is in excess of 50 miles roundtrip to the inspection site a charge of 31 cents per mile will be added to the hourly rate charges.

(2) When overnight expenses are incurred by the authorized inspector or the authorized inspector-supervisor, the actual cost of meals and lodging, up to a maximum per day of $150.00 when lodging is obtained in the counties of Alameda, San Francisco, San Mateo and Santa Clara, and Central and Western Los Angeles, and up to a maximum per day of $124.00 when lodging is obtained in any other location in the state, will be added to the hourly rate charges.

(3) The division shall not charge more than one employer for the same amount of expenses incurred the same day except as follows: When more than one employer incurs these expenses the division may, at its discretion, equitably allocate the expenses among the parties inspected.

NOTE

Authority cited: Sections 60.5, 6308, 7721 and 7722, Labor Code. Reference: Sections 7721 and 7728, Labor Code.

HISTORY

1. New article 5 (sections 344, 344.1-344.4) filed 2-25-77; effective thirtieth day thereafter (Register 77, No. 9).

2. Amendment filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

3. Amendment of subsection (a) and new subsection (c) filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

4. Amendment filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).

5. Amendment filed 3-24-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 13).

6. Amendment filed 3-2-84 as an emergency; effective upon filing (Register 84, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-30-84.

7. Order of Repeal of 3-2-84 emergency order filed 7-30-84 by OAL pursuant to Government Code section 11349.6 (Register 84, No. 31).

8. Amendment of subsection (a) and new subsection (d) filed 7-30-84 as an emergency; effective upon filing (Register 84, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-27-84.

9. Certificate of Compliance transmitted to OAL 11-5-84 and filed 12-4-84 (Register 84, No. 49).

10. Amendment filed 8-16-88 as an emergency; operative 8-16-88 (Register 88, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-14-88.

11. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).

12. Amendment of subsection (a) and new subsection (a)(1) filed 9-20-90 as an emergency; operative 9-20-90 (Register 90, No. 44). A Certificate of Compliance must be transmitted to OAL by 1-18-91 or emergency language will be repealed by operation of law on the following day.

13. Amendment of subsection (a) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

14. Emergency order filed 9-20-90 repealed by operation of Government Code section 11346.1 (Register 91, No. 15).

15. Amendment of subsections (a) and (c)(2) filed 11-22-91 as an emergency; operative 11-22-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 3-23-91 or emergency language will be repealed by operation of law on the following day.

16. Amendment of subsections (a) and (c)(2) refiled 4-29-92 as an emergency; operative 4-29-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-28-92 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 4-29-92 order transmitted to OAL 6-4-92 and filed 6-4-92 (Register 92, No. 23).

18. Amendment of subsections (a), (c)(1) and (c)(2) filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.

19. Certificate of Compliance as to 6-19-2000 order transmitted to OAL 8-28-2000 and filed 10-2-2000 (Register 2000, No. 40).

§344.1. Air Tank, Liquefied Petroleum Gas (L.P.G.), and Boiler Inspection Fees.

Note • History

(a) A fee of $135.00 per hour or any part thereof, including travel time as set forth in part (1) of this subsection, based on quarter hour intervals with a minimum of one-half hour, shall be charged for field permit inspection of air tanks, L.P.G. tanks, and boilers by qualified safety engineers employed by the division. Such fees may also, in the division's discretion, be charged for subsequent consultation or inspections to determine if applicable safety orders have been complied with. No additional fees shall be assessed for follow-up inspections when Safety Order requirements have been complied with, and the division notified, within 15 days of the compliance date shown on the Preliminary Order.

(b) Whenever a person owning or having the custody, management or operation of an air tank, L.P.G. tank, or boiler fails to pay the fees required under this section within 60 days after notification, said person shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of the fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.

NOTE

Authority cited: Sections 60.5, 6308 and 7721, Labor Code. Reference: Sections 7721 and 7728, Labor Code.

HISTORY

1. Amendment filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

2. Amendment filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).

3. Amendment filed 3-24-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 13).

4. Amendment filed 3-2-84 as an emergency; effective upon filing (Register 84, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-30-84.

5. Order of Repeal of 3-2-84 emergency order filed 7-30-84 by OAL pursuant to Government Code section 11349.6 (Register 84, No. 31).

6. Amendment of subsection (a) filed 7-30-84 as an emergency; effective upon filing (Register 84, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-27-84.

7. Certificate of Compliance transmitted to OAL 11-5-84 and filed 12-4-84 (Register 84, No. 49).

8. Amendment of subsection (a) filed 8-16-88 as an emergency; operative 8-16-88 (Register 88, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-14-88.

9. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).

10. Amendment of subsection (a) filed 9-20-90 as an emergency; operative 9-20-90 (Register 90, No. 44). A Certificate of Compliance must be transmitted to OAL by 1-18-91 or emergency language will be repealed by operation of law on the following day.

11. Amendment of subsection (a) filed 3-18-91; operative 3-18-91 (Register 91, No. 15).

12. Emergency order filed 9-20-90 repealed by operation of Government Code section 11346.1 (Register 91, No. 15).

13. Amendment of subsection (a) and adoption of subsection (a)(1) filed 11-22-91 as an emergency; operative 11-22-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 3-23-91 or emergency language will be repealed by operation of law on the following day.

14. Amendment of subsection (a) and adoption of subsection (a)(1) refiled 4-29-92 as an emergency; operative 4-29-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-28-92 or emergency language will be repealed by operation of law on the following day.

15. Certificate of Compliance as to 4-29-92 order transmitted to OAL 6-4-92 and filed 6-4-92 (Register 92, No. 23).

16. Amendment of subsection (a) filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 6-19-2000 order transmitted to OAL 8-28-2000 and filed 10-2-2000 (Register 2000, No. 40).

§344.2. Boiler, Tank and Resale Inspection Reports and Permits to Operate.

Note • History

(a) Permits to operate and Resale Permits shall be issued by the Division, a qualified city or county, or an insurance company, or a corporation or company that inspects only boilers and tanks to be used by such company and not for resale. A qualified city or county or insurance company or a corporation or company that inspects only boilers and tanks to be used by such company and not for resale, is one that employs certified inspectors, as provided for in Section 779 of the Boiler and Fired Pressure Vessel Safety Orders.

(b) The Division shall issue a permit to operate upon receipt of the inspection reports required by Labor Code section 7654 and a fee of $15.00 to cover the costs of processing the Permit to Operate. If a Permit to Operate is issued on the Division's behalf by a certified inspector employed by an insurance company or by an employer who inspects boilers and tanks for the employer's own use and not for resale, the Division shall assess a fee of $15.00 to cover the cost of processing the Permit to Operate.

(c) Whenever a person owning or having the custody, management or operation of an air tank, L.P.G. tank, or boiler fails to pay the fees required under this section within 60 days after notification, said person shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of the fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.

NOTE

Authority cited: Sections 6308 and 7721, Labor Code. Reference: Sections 7721, 7650, 7654 and 7680, Labor Code.

HISTORY

1. Amendment filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

2. Amendment filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).

3. Repealer and new section filed 3-24-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 13).

4. Amendment filed 8-16-88 as an emergency; operative 8-16-88 (Register 88, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-14-88.

5. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).

6. Amendment of section heading, amendment of subsection (a) including repealer of second paragraph, and adoption of subsections (b) and (c) filed 11-22-91 as an emergency; operative 11-22-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 3-23-91 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section heading, amendment of subsection (a) including repealer of second paragraph, and adoption of subsections (b) and (c) refiled 4-29-92 as an emergency; operative 4-29-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted to OAL 8-28-92 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 4-29-92 order transmitted to OAL 6-4-92 and filed 6-4-92 (Register 92, No. 23).

9. Amendment of subsections (a) and (b) and Note filed 8-2-96; operative 9-1-96 (Register 96, No. 31).

10. Amendment of subsections (a) and (b) filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 6-19-2000 order, including further amendment of subsections (a)-(b), transmitted to OAL 8-28-2000 and filed 10-2-2000 (Register 2000, No. 40).

§344.3. Boiler Shop Inspection Fees. [Repealed]

Note • History

NOTE

Authority cited: Sections 6308 and 7721, Labor Code. Reference: Section 7721, Labor Code.

HISTORY

1. Amendment filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

2. Amendment of subsection (a) and new subsection (c) filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

3. Amendment filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).

4. Repealer filed 3-24-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 13).

§344.4. Boiler Permit and Inspection Fees. [Repealed]

Note • History

NOTE

Authority cited: Sections 6308 and 7721, Labor Code. Reference: Section 7721, Labor Code.

HISTORY

1. Amendment filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

2. Amendment filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).

3. Repealer filed 3-24-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 13).

Article 6. Permanent Amusement Rides

§344.5. Application.

Note • History

(a) This Article governs permanent amusement rides operated anywhere in the State of California.

(b) This Article does not apply to any of the following:

(1) Any playground operated by a school or local government if the playground is an incidental amenity and the operating entity is not primarily engaged in providing amusement, pleasure, thrills or excitement;

(2) Museums or other institutions principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts;

(3) Skating rinks, arcades, laser or paint ball war games, indoor interactive arcade games, bowling alleys, miniature golf courses, mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis, paddle boats, air boats, helicopters, airplanes, parasails, hot air balloons (tethered or untethered,) theaters, amphitheaters, batting cages, stationary spring-mounted fixtures, rider-propelled merry-go-rounds, games, slide shows, live-animal rides, or live-animal shows; or

(4) Permanent amusement rides operated at a private event that is not open to the general public and not subject to a separate admission fee.

(5) Amusement rides that are not permanent amusement rides.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. Renumbering of former article 6 to article 6.1 and new article 6 (sections 344.5-344.17) and section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.6. Definitions.

Note • History

For purposes of this Article, the following terms are defined as set forth herein:

(a) An “as-built document” is a document signed by a licensed engineer responsible for the construction of the permanent amusement ride stating that the ride has been constructed according to its final plans.

(b) A “California-licensed engineer” is a professional engineer with a certificate of registration issued by the California Board of Professional Engineers and Land Surveyors.

(c) A “licensed engineer” is a California-licensed engineer or a professional engineer with equivalent licensing by another state.

(d) A “major modification” is any change in the structure or operation of a permanent amusement ride that materially alters either the performance of the ride or any safety-related system of the ride. For the purposes of this definition, the disassembly and relocation of a ride is considered to be a major modification of the ride.

(e) A “new permanent amusement ride” is a permanent amusement ride that is placed in operation and opened to the public for the first time on or after November 5, 2001.

(f) An “operational inspection” is an inspection that consists of inspecting the operation of the permanent amusement ride, including its safety-related systems and procedures, and reviewing any other specific information that is substantially related to the safe operation of the ride.

(g) An “owner” or “operator” is a person or entity who owns or controls or has the duty to control the operation of a permanent amusement ride. The terms include the State and every political subdivision of the State, including every state agency, and each county, city, district, and all the public and quasi-public corporations and public agencies therein.

(h) A “permanent amusement ride” is a mechanical device, aquatic device, or combination of devices of a permanent nature that carries or conveys passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Permanent amusement ride” includes bungee-jumping services, but does not include dry slides, playground equipment, coin-operated devices, conveyances that operate directly on the ground or on pavement or a surface directly on the ground, or aerial passenger tramways as defined by Labor Code section 7340(a). For the purposes of this definition, the phrase “of a permanent nature” means remaining at a single location for longer than 180 days.

(i) A “qualified safety inspector,” or “QSI,” is an individual certified by the Division pursuant to section 344.10. A QSI may be a safety inspector employed by the owner or operator of a permanent amusement ride, an employee or agent of the insurance underwriter or insurance broker of a permanent amusement ride, an employee or agent of the manufacturer of a permanent amusement ride, an employee of the Division of Occupational Safety and Health, or an independent consultant or contractor.

(j) A “Ride Footprint” is the surface area, expressed in square feet, that is covered by the ride, itself, and does not include the passenger waiting area or queuing area.

(k) “Safety-Related Systems and Procedures” are systems and procedures that materially affect safety or are designed or intended to increase the safety of a permanent amusement ride, including, but not limited to:

(1) Ride-control devices, including safety devices;

(2) Speed-limiting devices;

(3) Brakes;

(4) Passenger-carrying devices, including restraint systems;

(5) Mechanical systems that materially affect the safe operation of the ride;

(6) Ride electrical or electronic systems, including process-control equipment that are designed or intended to ensure safe operation of the ride;

(7) Daily pre-operational safety-related tests;

(8) Owner or operator safety-related maintenance, inspection and operational activities;

(9) Emergency procedures related to the operation of the ride, including, but not limited to, cessation of operation, evacuation procedures, ingress and egress controls, location of communication devices, and summoning of medical or emergency assistance; and

(10) Signage.

(l) A “structural inspection” is an inspection of a permanent amusement ride, which includes examination of the following structural attributes:

(1) Structural supports and foundations including wind and seismic integrity;

(2) Structural bracing; and

(3) Ride track elements, if any.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

2. New subsection (j) and subsection relettering filed 1-20-2011; operative 1-20-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 3).

§344.7. Certificate of Compliance.

Note • History

(a) On or before November 5, 2002, the owner or operator of a permanent amusement ride who does not elect to have a Division QSI perform the annual inspection required by section 344.8(c) shall submit to the Division a Certificate of Compliance together with the fee required by section 344.16(c). A new Certificate of Compliance shall be submitted annually and shall become due on each anniversary date of the first submission, unless the owner or operator elects in compliance with section 344.8(c)(2) to have a Division QSI conduct the annual inspection.

(b) The Certificate of Compliance shall include each of the following items:

(1) The legal name and address of the owner and his, her or its representative, if any, and the primary place of business of the owner;

(2) The legal name and address of the operator, if different from those of the owner;

(3) The name and a description of the permanent amusement ride, the address at which it is located, the name(s) of the manufacturer(s) of the ride, and if provided by the manufacturer(s), the serial number and model number of the permanent amusement ride; and

(4) A written declaration stating that, within the preceding 12-month period, the permanent amusement ride was inspected by a QSI, together with all of the individuals necessary to competently review the ride's safety-related systems and structural attributes, and that the permanent amusement ride is in conformance with the requirements of Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title. The written declaration shall be executed by a QSI under penalty of perjury.

Note: The requirement that the written declaration state that the permanent amusement ride is in conformance with the requirements of Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title shall not take effect until November 5, 2002, or 180 days after the date that Subchapter 6.2 has been adopted and takes effect, whichever is later.

(c) The owner or operator of multiple permanent amusement rides at one address may submit a single Certificate of Compliance that provides the information required in section 344.7(b) for all of the permanent amusement rides located at that address.

(d) Upon receipt of the Certificate of Compliance, the Division shall notify the owner or operator in writing within five (5) business days, that the Certificate of Compliance has been received and whether it meets the requirements of this Article. If a Certificate of Compliance is determined to be deficient, the Division's written notification shall enumerate the deficiencies and the information required to correct such deficiencies.

(e) All current written notifications issued by the Division pursuant to subsection (d) shall be available for public inspection during normal business hours at a readily accessible location at the site where the permanent amusement ride is located. Such documents may either be posted at the entrance to each permanent amusement ride, or at the election of the owner or operator, located at a readily accessible central location. If the owner or operator chooses not to maintain the documents at the entrance to a ride, a sign shall be posted at the entrance to the ride notifying the public of the location where the documents can be viewed.

(f) No person shall operate a permanent amusement ride unless the permanent amusement ride complies with all applicable requirements of this Article and Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title.

Note: The requirement that the amusement ride comply with all applicable requirements of Subchapter 2 shall not take effect unless and until Subchapter 2 is adopted and takes effect.

(g) Starting on November 5, 2002, an owner or operator who has not elected in compliance with sections 344.8(c)(1) and (c)(2) to have the Division conduct the annual inspection required by section 344.8(c) shall not operate an amusement ride with passengers unless a valid Certificate of Compliance applicable to the ride has been submitted to, and accepted by, the Division as required by section 344.7.

Exception No 1: If the Division fails to notify the owner or operator within 5 business days of receipt of a Certificate of Compliance that the Certificate has been received and whether it meets the requirements of this Article as required by subsection (d), the owner or operator may continue to operate the ride, unless and until the Division notifies the owner or operator that the Certificate is deficient.

Exception No. 2: If a tardy request for a Division-conducted annual inspection is made, and the Division can accommodate the request, the ride may be operated after the inspection has been initiated and the Division informs the owner or operator that the ride may be operated.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.8. Inspections.

Note • History

(a) Initial Division Inspection of New Permanent Amusement Rides. A Division QSI shall conduct an operational inspection of each new permanent amusement ride before the ride is placed in operation and opened to the public to evaluate the safety of the ride.

(1) The owner or operator of the ride shall notify the Division, in writing, at least 30 days prior to opening the ride to the public.

(2) The notification shall state the location of the ride, the date the owner or operator intends to commence public operation, and the earliest date the ride will be ready for inspection by the Division.

(3) If the Division receives notification in compliance with section 344.8(a)(1), the Division shall initiate the inspection before the date indicated by the operator for commencement of public operation of the ride, and shall make a reasonable effort to complete the inspection prior to that date. If the Division is unable to complete the inspection within 30 days of receiving notification by the owner or operator, and the lack of completion of the inspection is not attributable to the action or inaction of the owner or operator, the ride may by opened to the public until the inspection is completed, unless there is a substantial reason to question the safety of the ride.

(4) The ride owner or operator shall ensure that a representative is present to operate the ride and perform the tests requested by the Division QSI as necessary to complete the operational inspection.

(5) In conjunction with the inspection, the owner or operator of the ride shall make available to the Division each of the following:

(A) A written certification from a licensed engineer that the ride meets the all applicable design requirements set forth in Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title.

Note: This requirement shall not take effect unless and until Subchapter 6.2 has been adopted and takes effect.

(B) An as-built document.

(C) A copy of the certificate of occupancy issued by the local building authority, if the local building authority has such a requirement.

(b) Division Inspection of Major Modifications. After any major modification has been made to a permanent amusement ride, a Division QSI shall conduct an operational inspection of the ride before the ride is reopened to the public.

(1) The owner or operator of the ride shall provide the Division with at least 30 days advance written notice of the anticipated date of reopening the ride to the public following the major modification.

(2) The advance written notice shall state the date the owner or operator intends to resume public operation, and the earliest date the ride will be ready for Division inspection.

(3) If the Division receives notification in compliance with section 344.8(b)(1), the Division shall initiate the inspection before the date indicated by the operator for reopening of the ride to the public, and shall make a reasonable effort to complete the inspection prior to that date. If the Division is unable to complete the inspection within 30 days of receiving notification by the owner or operator, and the lack of completion of the inspection is not attributable to the action or inaction of the owner or operator, the ride may by opened to the public until the inspection is completed, unless there is a substantial reason to question the safety of the ride.

(4) In conjunction with the Division's major modification inspection, the owner or operator of a permanent amusement ride shall make available to the Division each of the following:

(A) A written certification from a licensed engineer that the ride as modified meets all applicable design requirements set forth in Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title.

Note: This requirement shall not take effect unless and until Subchapter 6.2 has been adopted and takes effect.

(B) An as-built document.

(C) A copy of the certificate of occupancy issued by the local building authority, if the local building authority has such a requirement.

(c) Annual QSI Inspection. An annual QSI inspection shall be conducted of each permanent amusement ride at least once each year by either a QSI selected by the owner/operator or by a Division QSI, at the election of the owner or operator.

(1) If the owner or operator elects to have a Division QSI conduct the Annual QSI Inspection, the owner or operator shall submit a written request that the Division conduct the inspection. The request shall be submitted to the Division no later than 60 days prior to the date the Certificate of Compliance becomes due.

(2) Whenever an owner or operator elects to have a Division QSI conduct an annual inspection, the date of completion of the Division's inspection shall become the anniversary date by which the owner or operator's Certificate of Compliance becomes due the following year if a request for a Division-conducted QSI inspection is not made pursuant to subsection (c)(1).

(3) The annual QSI inspection shall include both a structural inspection and an operational inspection.

(4) A permanent amusement ride found on inspection to be unsafe shall be closed to the public and shall not be reopened to the public until all necessary repairs and modifications have been completed and certified as completed by a QSI.

(d) Annual Division Records Audit and Inspection.

(1) Starting on December 4, 2002, a Division QSI shall annually audit the records pertaining to each permanent amusement ride, including, but not limited to, records of accidents, records of employee training, and records of maintenance, repair, and inspection of the ride.

(2) A Division QSI shall conduct an operational inspection in conjunction with the annual records audit. The operational inspection shall be conducted in two phases, as follows:

(A) One phase shall consist of an unannounced inspection conducted during business hours to observe the normal operation of the ride with passengers.

(B) The other phase, consisting of all other aspects of the operational inspection, shall be pre-announced and conducted without passengers present.

(e) Exception to subsections (a), (b), (c), and (d): The following provisions shall apply to each permanent amusement ride that is located within a county or other political subdivision of the State that, as of April 1, 1998, has adopted the provisions of Chapter 66 (commencing with section 6601.1) of the 1994 Uniform Building Code providing for the routine inspection of permanent amusement rides by counties and other political subdivisions of the State, provided that the Division determines that these inspections meet or exceed the inspection standards set forth in this Article:

(1) The ride shall not be subject to the inspection or records audit requirements of subsections (a), (b), or (d), to the extent that the county or other political subdivision provides inspections according to the same criteria as those specified in each of these subsections.

(2) The ride shall be subject to the requirements of subsection (c). However, the employer may elect to have the county or other political subdivision conduct the Annual QSI Inspection on the same basis that it may elect to have the Division conduct the Annual QSI Inspection, provided that the county or other political subdivision provides inspections according to the same criteria as those specified in subsection (c) and the owner or operator complies with all applicable deadlines for making written requests.

(f) Discretionary Division Inspections. A Division QSI may conduct an inspection to determine the safety of a permanent amusement ride, in a manner consistent with any reasonable safety concern raised by the information available to the Division, whenever the Division:

(1) Receives notification, or otherwise learns, of an accident involving the permanent amusement ride required to be reported pursuant to section 344.15;

(2) Determines that a fraudulent Certificate of Compliance for the permanent amusement ride was submitted;

(3) Determines, based on factors such as ride cycles or number of riders, that a permanent amusement ride has a disproportionately-high incidence of accidents when compared to other rides of similar type and design in the State of California; or

(4) Receives a complaint or otherwise becomes aware of information, when the complaint or information reasonably appears to be reliable and credible, that one of the safety-related systems or structural components of a ride is unsafe, or that a particular practice associated with a ride is unsafe.

(g) The Division shall cause the least possible disruption to the normal operation of a permanent amusement ride consistent with the effective completion of an inspection.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.9. Order Prohibiting Operation.

Note • History

(a) If, after inspection by a Division QSI, the Division determines that a permanent amusement ride, or any part thereof, presents an imminent hazard or is otherwise unsafe for patrons, the Division may prohibit the operation of the ride, or any affected part thereof. The Division shall frame the scope of the prohibition with the narrowest scope reasonably necessary to ensure the protection of the public.

Exception No. 1: The Division shall not issue an Order Prohibiting Operation if the hazardous or unsafe condition can be corrected immediately and the operator, after being informed of the condition by the Division, immediately abates the hazardous or unsafe condition.

Exception No. 2: If an unsafe condition does not constitute an imminent hazard to patrons, the Division shall, prior to issuing an Order Prohibiting Operation, engage in an informal consultation with the owner or operator in an effort to resolve any factual questions or gather information relevant to determining whether the public operation of the amusement ride should be prohibited.

(b) The Division shall notify the owner or operator in writing of the grounds for prohibition of operation and of the conditions in need of correction at the time it issues the Order Prohibiting Operation.

(c) Operation of the permanent amusement ride shall not be reopened to the public until the conditions cited in the Order Prohibiting Operation have been corrected and approved by an authorized Division representative.

(d) The owner or operator may appeal any Order Prohibiting Operation. The Division shall conduct appeal proceedings in accordance with Labor Code Section 6327.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.10. Certification of a QSI.

Note • History

(a) No person shall perform the services of a QSI for permanent amusement rides unless he or she possesses a current, valid QSI Certificate issued by the Division.

(b) An application for certification as a QSI shall be made to the Division on a form prescribed by the Division, which shall require the applicant to provide information limited to his or her name, social security number, mailing address, daytime telephone number, two passport photographs, and information required to satisfy subsection (c).

(1) All statements on the application shall be made under penalty of perjury.

(2) Within 20 business days of receipt of an application for certification as a QSI, the division shall notify the applicant in writing that the application is complete and accepted for filing or incomplete and what additional evidence, documentation, or information is necessary to complete the application. An application shall be considered to be complete once all evidence, documentation, and information required by subsection (c)(1) or (c)(2) have been submitted.

(3) Within 20 business days of receipt of a completed application, the Division shall notify the applicant in writing of its decision to approve or disapprove the application. If the application is made pursuant to subsection (c)(2), the Division shall, upon approval of the application, allow the applicant to sit for an examination pursuant to subsection (c)(2)(D).

(4) If the applicant has qualified for certification under subsection (c)(1), the Division shall issue a QSI Certificate to the applicant upon approval of the application. If the applicant has qualified for certification under subsection (c)(2), the Division shall issue a QSI Certificate to the applicant upon completion of the QSI Examination with a score of at least 80% as required by subsection (c)(2)(D).

(c) To be eligible for certification as a QSI, an applicant shall qualify as either a licensed engineer or as a non-engineer.

(1) To qualify as a licensed engineer, the applicant shall do all of the following:

(A) Provide satisfactory evidence that the applicant is a licensed engineer and has completed at least two years of experience in the amusement ride field, consisting of at least one year of actual inspection of amusement rides for a manufacturer, government agency, amusement park, carnival or insurance underwriter, and an additional year of practicing any combination of amusement ride inspection, design, fabrication, installation, maintenance, testing, repair, or operation.

(B) Provide any other information reasonably requested by the Division.

(2) To qualify as a non-engineer, the applicant shall do all of the following:

(A) Provide satisfactory evidence of completing a minimum of five years of experience in the amusement ride field, at least two years of which consisted of actual inspection of amusement rides for a manufacturer, government agency, amusement park, carnival or insurance underwriter. The remaining experience may consist of any combination of amusement ride inspection, design, fabrication, installation, maintenance, testing, repair, or operation.

(B) Provide any other information reasonably requested by the Division.

(C) Produce a valid certificate from a QSI Training Program approved by the Division pursuant to section 344.11, evidencing the applicant's successful completion of 80-hour QSI certification training. For the purposes of this subsection, the training must have been completed within the past five years as of the time the application is made, but must not have been received earlier than January 1, 1999.

Note: A certificate of completion from an approved QSI Training Program which is based on training received prior to the date this Article takes effect is acceptable if the course work has been retroactively approved pursuant to section 344.11(f).

Exception: An applicant may apply up to 40 hours of successfully completed nondestructive testing (NDT) training toward completion of the requirement for 80 hours of QSI certification training from an approved QSI Training Program. For the purposes of this exception, an acceptable NDT training course is one offered by an instructor certified by the American Society for Nondestructive Testing, Inc. (“ASNT”) Nondestructive Training Level III, and covering the test method body of knowledge as described in the ASNT Recommended Practice No. SNT-TC-1A, 1996. The applicant shall provide all documentation or evidence reasonably necessary to demonstrate that the NDT training sought to be applied toward the 80-hour requirement meets these criteria. Other NDT courses shall be considered to be acceptable if the QSI applicant can demonstrate that the course instructor and content are equally effective in imparting skills and subject matter to attendees that are necessary for competent inspection of permanent amusement rides. No course shall be considered acceptable if the Division reasonably determines that the subject matter is insufficiently related to the inspection of permanent amusement rides to qualify as substitutable NDT training, or if the Division reasonably determines that the manner of instruction is insufficiently managed or monitored to be considered bona fide training.

(D) Achieve a score of at least 80% on a written examination (QSI Examination) pertaining to the subjects addressed in this Article and Subchapter 6.2 of Chapter 4 of Division 1 (starting at section 3195.1) of this Title and subject matter applicable to the safe operation of permanent amusement rides. The examination shall be given during the Division's normal business hours in Sacramento or Anaheim at a time convenient to the applicant.

Note: The examination shall not require knowledge of any requirements in Subchapter 6.2 unless and until Subchapter 6.2 has been adopted and takes effect.

(d) A QSI Certificate shall be valid for a period of two years from the date of issuance.

(e) Application for renewal of a QSI Certificate shall be made to the Division on a form prescribed by the Division, which shall require the certificate holder to provide his or her name and daytime telephone number.

(1) All statements on the renewal application shall be made under penalty of perjury.

(2) Each application shall be accompanied by the application fee fixed by section 344.16(b).

(3) The applicant shall provide evidence of having completed, during the previous biennial renewal cycle, at least 30 hours of training from the continuing education component of a QSI Training Program approved pursuant to section 344.11(c). This training shall include inservice industry or manufacturer updates and seminars.

(4) The applicant shall provide any additional information reasonably requested by the Division.

(5) Within 10 business days of receipt of an application for renewal of a QSI certificate, the Division shall notify the applicant in writing either that the application is complete and accepted for filing or deficient and what specific information is required to complete the application. Within 10 business days of receipt of a completed application for certification as a QSI or an application for renewal of a QSI certificate, the Division shall notify the applicant of its decision to approve or disapprove the application.

(f) The Division shall determine whether the applicant meets the criteria necessary for certification or renewal of certification pursuant to this Article and Part 8.1 of Division 5 of the Labor Code, and shall approve or disapprove the application for certification or renewal of certification accordingly.

(g) The Division may revoke or suspend the certification of a QSI, upon determining that the holder:

(1) Has submitted a fraudulent inspection report to the Division or to the owner or operator of a permanent amusement ride; or

(2) Has not performed competently as a QSI.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New article 6 (section 344.10) filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

2. Repealer and new section filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

3. Amendment filed 12-4-84; effective thirtieth day thereafter (Register 84, No. 49).

4. Amendment of subsection (a) filed 12-29-88; operative 12-29-88 (Register 89, No. 2).

5. Amendment of subsection (a)(1) filed 8-25-92; operative 9-24-92 (Register 92, No. 35).

6. Renumbering of former article 6 to new article 6.1 and renumbering of former section 344.10 to new section 344.18 filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.11. Approval of QSI Training Programs.

Note • History

(a) A school or training provider may apply to the Division for approval of a QSI Training Program (referred to in this section as “Program”) by submitting the following information:

(1) The name(s) of the training courses offered by the Program.

(2) The name, title, business address, and phone number of the person whom the Division will contact regarding Program approval matters, a statement certifying that the information provided with the application is true and correct to the best of the applicant's knowledge, and the name title, business address, and phone number of the person signing the declaration if different from the person who will be the Division's contact.

(3) Materials describing the subject matter and hours of instruction of each course required by the Program, with an explanation as to which courses are to apply toward:

(A) The QSI certification training requirements of section 344.10(c)(2)(C);

(B) QSI certification training requirements based on completion of up to 40 hours of NDT training as allowed by the exception to section 344.10(c)(2)(C); and

Note: A school or training provider may offer any or all of the above three options.

(4) The name(s) and qualifications of the instructor(s) of the Program.

(5) Any other information reasonably requested by the Division.

(b) Processing of Application.

(1) Within 20 business days of receipt of an application for approval, the Division shall inform the applicant in writing whether the submitted application information is complete or additional information needs to be submitted.

(2) Within 45 business days of receipt of a completed application for approval, the Division shall inform the applicant that the Program is approved or inform the applicant that the application for approval is denied, specifying the reasons for denial.

(c) Criteria for Approval. Upon receiving complete application materials from the provider, the Division shall determine whether the applicant meets the criteria necessary for approval pursuant to this Article and the Permanent Amusement Ride Safety Inspection Program, Labor Code section 7920 et seq., and shall approve or disapprove the application accordingly. The approval shall specify each component of QSI Training, as described in section 344.11(a)(3), to which the approval applies. To qualify for approval, the applicant shall demonstrate that its Program will meet all of the following requirements:

(1) Ensure that the instructor for each course required by the Program is experienced in the subject matter of the course.

(2) Ensure that the course content is current and will be kept current.

(3) Require Program participants to attend each course required by the Program for its full duration so that the applicable requirements for hours of instruction as described by sections 344.10(c)(2)(C) and 344.10(e)(3) are met.

(4) Utilize a reliable testing method to determine whether the course participants have learned the subject matter presented by the course.

(5) Provide a certificate of completion to all successful participants at the completion of the Program.

(6) Ensure that the courses required by the Program provide classroom training related to the inspection, design, maintenance, testing, and operation of permanent amusement rides and applicable provisions of Title 8 of this Code, ensure that the subject matter of the training is current and will be kept current, and ensure that the overall content of courses required by the Program meets the intent of the Permanent Amusement Ride Safety Inspection Program, Labor Code section 7920, et seq., that QSIs receive training allowing them to perform competent and effective inspections of permanent amusement rides for the purpose of ensuring the safety of patrons.

(d) To maintain QSI Training Program approval, a school or training provider shall promptly notify the Division in writing each time the provider makes a substantive change to any of the information required pursuant to subsection (a).

(e) The Division may suspend or revoke the approval of a QSI Training Program upon determining that the Program has substantially failed to comply with approval requirements.

(f) The Division may grant retroactive approval of training provided after January 1, 1999 but before this Article takes effect, if the provider demonstrates that the training met the QSI Training Program approval criteria of this section.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.12. Suspension and Revocation Procedures.

Note • History

All suspension and revocation proceedings conducted by the Division shall be initiated by the provision of written notice of the Division's intent to conduct a hearing to determine whether a certification or approval will be suspended or revoked.

(a) The written notice shall be served at least 48 hours in advance of the scheduled hearing date.

(b) Service shall be by personal service or certified mail to the address shown on the application for certification or approval, or to any other address known to the Division and reasonably believed to be the current address of the certificate holder or course provider.

(c) The written notice shall specify the time, date, and location of the hearing, and the reasons for the action proposed by the Division.

(d) At the hearing the Division shall have the burden of establishing good cause for the action taken by it. Good cause shall be deemed to exist if the Division establishes that the holder of a certification has substantially failed to comply with the requirements for certification pursuant to section 344.10(g), or that the holder of an approval has substantially failed to comply with the requirements of approval pursuant to section 344.11(e).

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.13. Appeals to the Director.

Note • History

(a) The following may be appealed to the Director:

(1) Suspensions and revocations by the Division.

(2) Denials of applications for QSI certification or QSI Training Program approval.

(3) Any final decision after hearing by the Division to uphold an Order Prohibiting Operation.

(b) All appeals to the Director shall be in writing and shall be served within 5 business days of receipt of the notification of the Division's decision resulting in a denial, suspension, or revocation.

(c) The Director or authorized representative shall schedule a hearing to be held within 5 business days of receipt of an appeal. At the hearing, the appellant shall have the burden of establishing that the Division's decision is in error.

(d) Within 3 business days of completing the hearing, the Director shall issue a decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.14. Insurance Requirements.

Note • History

A person or entity may operate a permanent amusement ride only if, at the time of operation, he, she, or it:

(a) Has obtained a valid insurance policy in an amount not less than one million dollars ($1,000,000) per occurrence, and;

(1) Has submitted to the Division a copy of the policy;

(2) Has clearly identified in the policy the permanent amusement rides included and excluded; and

(3) Does not operate permanent amusement rides for which coverage is not provided; or

(b) Has obtained a bond in an amount not less than one million dollars ($1,000,000), except that the aggregate liability of the surety under that bond shall not exceed the face amount of the bond. A copy of the bond shall be submitted to the Division; or

(c) Qualifies as self-insured. Qualification as self-insured shall be demonstrated by providing a letter to the Division attesting that the owner has total assets of at least ten million dollars ($10,000,000), and that the owner's total assets exceed the owner's total liabilities by either a minimum of two million dollars or a ratio of at least ten to one. All statements in the attestation letter to the Division shall be made under penalty of perjury.

Exception: State and local governmental entities shall be deemed to qualify as self-insured.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.15. Accident Response and Notification.

Note • History

(a) Reporting of Accidents.

Each operator of a permanent amusement ride shall report or cause to be reported to the Division's Anaheim or Sacramento Amusement Ride Section Office immediately by telephone each known accident where maintenance, operation, or use of the permanent amusement ride results in a death or serious injury to any person unless the injury does not require medical service other than ordinary first aid.

(b) Preservation of Accident Scene.

(1) If a death or serious injury results from the failure, malfunction, or operation of a permanent amusement ride, the equipment or conditions that caused the accident shall be preserved for the purpose of an investigation by the division.

(2) Upon receiving a report of an accident from an owner or operator, the Division shall make a determination as to whether preservation is necessary and inform the owner or operator of its determination.

(A) If the Division determines that preservation is necessary, the Division shall make a reasonable effort to initiate the inspection within 24 hours of receipt of the report from the owner or operator.

(B) Upon initiating the inspection, the Division shall provide the owner or operator with an instruction as to how long the equipment or conditions shall continue to be preserved.

Whenever a state, county, or local fire or police agency is called to an accident involving a permanent amusement ride covered by this Article where the death of a patron or a patron injury requiring medical service other than first aid has occurred, the Anaheim or Sacramento Amusement Ride Section Office of the Division shall be notified by telephone immediately by the responding agency.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

§344.16. Permanent Amusement Ride Fee Schedule.

Note • History

(a) The application fee for a QSI Certificate shall be five hundred dollars ($500.00).

(b) The fee for the biennial renewal of a QSI Certificate shall be one hundred and twenty-five dollars ($125.00).

(c) The fee for review of Certificates of Compliance and provision of related notifications shall be two hundred and fifty dollars ($250.00).

(d) Inspection Fees.

(1) A fee of one hundred and ninety-five dollars ($195.00) per hour shall be charged for all on-site work performed in connection with audits, inspections, reinspections, and investigations pertaining to permanent amusement rides. The Division shall bill an inspector's time in quarter-hour increments, rounded up to the nearest quarter hour.

(2) Fees shall be charged for actual inspection time. Actual inspection time begins from the time a Division engineer arrives, generally by appointment, in the area where the Division's information indicates the inspection is to be conducted, and continues until the engineer has completed the Division's report and is ready to leave the area.

(3) The Division shall not bill at the hourly rate for an inspector's travel time in connection with routine inspections. However, if the owner or operator of a permanent amusement ride or rides, or his or her designee, fails to appear at the designated site for a scheduled inspection, or is not ready for the inspection at the designated time, and the Division is therefore required to reschedule the inspection, the Division may bill for the time its inspector spends traveling to the site of the rescheduled inspection(s) at the one hundred and ninety-five dollar ($195.00) hourly rate.

(e) Annual Fee. In addition to the hourly fee for inspections, reinspections and investigations, each permanent amusement ride shall pay an annual fee to offset the Division's travel and administrative costs. The Division shall base the amount of the annual fee on the classification of the permanent amusement ride as either “Class I (Small),” “Class II (Medium),” “Class III (Large),” or “Class IV (Extra Large),” as follows:

(1) Small rides -- Twenty-five dollars ($25.00)

(2) Medium rides -- Three hundred and sixty-five dollars ($365.00)

(3) Large rides -- Seven hundred and forty dollars ($740.00)

(4) Extra-large rides -- One thousand four hundred and seventy-five dollars ($1,475.00).

(f) Classification of Permanent Amusement Rides. For purposes of this section, each permanent amusement ride shall be classified according to the criteria set forth below. A ride will be placed into the largest classification for which it satisfies two or more of the evaluation criteria. However, if a permanent amusement ride satisfies any single criterion in a classification, then the ride cannot fall into a classification more than one classification below, even if it satisfies two or more criteria in a lower classification.

(1) Class I (Small): A permanent amusement ride shall be classified as “Small” if it:

(A) has a footprint of 699 square feet, or less;

(B) operates at ten or fewer revolutions per minute (“RPM”);

(2) Class II (Medium): A permanent amusement ride shall be classified as “Medium” if it:

(A) has a footprint of greater than 699 square feet and up to and including 2,000 square feet;

(B) is a non-elevated ride that carries its own means of propulsion while towing one or more units (i.e., trains);

(3) Class III (Large): A permanent amusement ride shall be classified as “Large” if it:

(A) has a footprint of greater than 2,000 and up to and including 8,000 square feet;

(B) elevates passengers higher than 60 feet and up to 120 feet off the ground, and/or travels a distance of up to and including 1,500 feet;

(4) Class IV (Extra-Large): A permanent amusement ride shall be classified as “Extra-Large” if it:

(A) has a footprint of greater than 8,000 square feet;

(B) elevates passengers higher than 120 feet off the ground and/or travels a distance of greater than 1,500 feet;

(C) has complex features or controls (i.e., programmable logic controllers with safety features that interface with computer controllers or similar features or controls).

NOTE

Authority cited: Sections 60.5, 7923, 7928 and 7929, Labor Code. Reference: Sections 7920-7932, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

2. Amendment of section heading, repealer of subsection (d) and new subsections (d)-(f)(4)(C) filed 1-20-2011; operative 1-20-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 3).

§344.17. Confidentiality.

Note • History

The Division shall maintain the confidentiality of all documentation received pursuant to this Article to the extent that such documentation is protected by Labor Code Section 6322 or any other applicable provision of law.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 6322 and 7920-7928, Labor Code.

HISTORY

1. New section filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

Article 6.1. Amusement Ride Inspection Fee Schedule

§344.18. Portable Amusement Ride Fee Schedule.

Note • History

(a) Inspection Fees.

(1) A fee of one hundred and ninety-five dollars ($195.00) per hour shall be charged for all on-site work performed in connection with audits, inspections, reinspections, and investigations pertaining to portable amusement rides. The Division shall bill an inspector's time in quarter-hour increments, rounded up to the nearest quarter hour.

(3) The Division shall not bill at the hourly rate for an inspector's travel time in connection with routine inspections. However, if the owner or operator of a portable amusement ride or rides, or his or her designee, fails to appear at the designated site for a scheduled inspection, or is not ready for the inspection at the designated time, and the Division is therefore required to reschedule the inspection, the Division may bill for the time its inspector spends traveling to the site of the rescheduled inspection(s) at the one hundred and ninety-five dollar ($195.00) hourly rate.

(b) Annual Fee. In addition to the hourly fee for inspections, reinspections and investigations, each portable amusement ride shall pay an annual fee to offset the Division's travel and administrative costs. The Division shall base the amount of the annual fee on the classification of the portable amusement ride as either “Class I (Small),” “Class II (Medium),” “Class III (Large),” or “Class IV (Extra Large),” as follows:

(1) Small rides -- Twenty-five dollars ($25.00)

(2) Medium rides -- Three hundred and sixty-five dollars ($365.00)

(3) Large rides -- Seven hundred and forty dollars ($740.00)

(4) Extra-large rides -- One thousand four hundred and seventy-five dollars ($1,475.00).

(c) Classification of Portable Amusement Rides. For purposes of this section, each portable amusement ride shall be classified according to the criteria set forth below. A ride will be placed into the largest classification for which it satisfies two or more of the evaluation criteria. However, if a portable amusement ride satisfies any single criterion in a classification, then the ride cannot fall into a classification more than one classification below, even if it satisfies two or more criteria in a lower classification.

(1) Class I (Small): A portable amusement ride shall be classified as “Small” if it:

(A) has a footprint of 699 square feet, or less. (For purposes of this section, a “ride footprint” is the surface area, expressed in square feet, that is covered by the ride, itself, and does not include the passenger waiting area or queuing area);

(B) operates at ten or fewer revolutions per minute (“RPM”);

(2) Class II (Medium): A portable amusement ride shall be classified as “Medium” if it:

(A) has a footprint of greater than 699 square feet and up to and including 2,000 square feet;

(B) is a non-elevated ride that carries its own means of propulsion while towing one or more units (i.e., trains);

(3) Class III (Large): A portable amusement ride shall be classified as “Large” if it:

(A) has a footprint of greater than 2,000 and up to and including 8,000 square feet;

(B) elevates passengers higher than 60 feet and up to 120 feet off the ground, and/or travels a distance of up to and including 1,500 feet;

(4) Class IV (Extra-Large): A portable amusement ride shall be classified as “Extra-Large” if it:

(A) has a footprint of greater than 8,000 square feet;

(B) elevates passengers higher than 120 feet off the ground and/or travels a distance of greater than 1,500 feet;

(C) has complex features or controls (i.e., programmable logic controllers with safety features that interface with computer controllers or similar features or controls).

(d) The Division will charge no fee for an inspection performed by a certified insurance inspector except a charge of $10.00 to cover the cost of processing the permit to operate.

NOTE

Authority cited: Sections 60.5, 6308 and 7904, Labor Code. Reference: Section 7904, Labor Code.

HISTORY

1. Renumbering of former article 6 to new article 6.1 and renumbering of former section 344.10 to new section 344.18 filed 10-30-2001; operative 10-30-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 44).

2. Amendment of article and section headings and repealer and new section filed 1-20-2011; operative 1-20-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 3).

Article 7. Blaster's License

§344.20. Blaster's License--Application and Examination.

Note • History

(a) Every person requesting a Blaster's License shall submit a completed application form to the Division.

(b) The Division shall evaluate every applicant for a Blaster's License. This evaluation will be conducted of the person's training and experience as shown on the application.

(c) In order to obtain a Blaster's License, the applicant shall pass a written or an oral qualifying examination given at such times and places as determined by the Division. The examination shall include questions related to the license classification requested. Field tests may also be required as deemed necessary to determine the candidate's qualifications to perform the duties of a blaster.

(d) License classification.

Class Category Description

A Unlimited All types of blasting.

B General Above Ground All phases of blasting operations in quarries,

open pit mines, and above ground construction.

C General Underground All phases of blasting operations in under

ground mines, shafts, tunnels, and drifts.

D Demolition All phases of demolition.

E Limited Specific blasting operations indicated on the

License.

(e) The Blaster's License may be endorsed by any limitation or classification the Division may determine.

(f) The Blaster's License is not transferable.

NOTE

Authority cited: Sections 6308, 7314, 7350, 7720-7724, 7728, 7904 and 7991, Labor Code. Reference: Sections 7314, 7350, 7720-7724, 7728, 7904 and 7991, Labor Code.

HISTORY

1. New Article 7 (Sections 344.20-344.22) filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

§344.21. Expiration and Renewal.

(a) Each Blaster's License issued under this Article shall be valid for a period of five years with renewal privileges.

(b) Application for, and granting of a renewal, shall be administered in the same manner as an original Blaster's License. The Blaster's License examination will be required each five years.

§344.22. Suspension or Revocation--Blaster's License.

Note • History

(a) The Division may suspend or revoke a blaster's license when in the opinion of the Division;

(1) There is a question or doubt as to the competency of the blaster, or

(2) The blaster has not complied with requirements, safety orders, or rules of the Division.

(b) The blaster shall be given notice and a hearing before suspending or revoking a blaster's license.

(c) In the event of suspension or revocation of a blaster's license, the person may not apply for a new license for a period of 6 months and the application shall be handled in the same manner as an original blaster's license.

NOTE

Authority cited: Sections 60.5, 6308 and 7991, Labor Code. Reference: Sections 6308 and 7995, Labor Code.

HISTORY

1. New section filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).

Article 8. Elevator Inspection Fee Schedule

§344.30. Conveyance Inspection Program Fees.

Note • History

Pursuant to the provisions of Section 7314 of the Labor Code, the Division has fixed a schedule of inspection fees as follows:

(a) Reinspection (periodic inspection) and witnessing of periodic tests of an existing installation shall be:

(1) Hand dumbwaiters $ 125.00 per unit

(2) Power dumbwaiters and material lifts $ 225.00 per unit

(3) Hand elevators $ 125.00 per unit

(4) Material lifts with automatic transfer devices $ 225.00 per unit

(5) Power sidewalk elevators $ 225.00 per unit

(6) Hand-powered man platforms $ 225.00 per unit

(7) Escalators and moving walks $ 675.00 per unit

(8) Manlifts $ 225.00 per unit

(9) Hydraulic elevator--direct plunger and roped

hydraulic up to three stories $ 225.00 per unit

(10) Hydraulic elevator--direct plunger and roped

hydraulic 4 stories or more $ 225.00 per unit

(11) Cabled elevator--up to 3 stories $ 225.00 per unit

(12) Cabled elevator--4 to 10 stories $ 350.00 per unit

(13) Cabled elevator--11 to 20 stories $ 450.00 per unit

(14) Cabled elevator--21 or more stories $ 550.00 per unit

(15) Special access elevators $ 225.00 per unit

(16) Screw type elevator $ 225.00 per unit

(17) Wheel chair lift, vertical or incline $ 125.00 per unit

(18) Stairway chair lift $ 125.00 per unit

(19) Elevator installed by variance $ 225.00 per hour

(20) Elevators or dumbwaiters with automatic transfer

devices $ 225.00 per unit

(21) Incline elevators $ 350.00 per unit

(22) Construction personnel hoist $ 225.00 per hour

(23) Special purpose personnel elevator $ 225.00 per unit

(24) Rack & Pinion elevator $ 225.00 per unit

(25) Vertical and inclined reciprocating conveyors $ 225.00 per unit

(26) Witnessing of periodic tests $ 225.00 per hour

(27) Automatic guided vehicles on guideways $1800.00 per unit

(b) The fee for the inspection of a new installation of any type of conveyance will be $225.00 per hour or any fraction thereof.

(d) The fee for replacement inspections required under Section 3001(b)(3) will be $225.00 per hour, or any fraction thereof.

(e) The fee for field consultations will be $450.00 per hour or any fraction thereof. If the distance to the job site is more than 50 miles from the District Elevator Unit Office, the actual travel time will be added to the inspection time in order to obtain the total charge.

(f) No charge shall be made in any one permit year for more than one inspection except where safety orders have not been complied with and subsequent inspections are necessary, annual or periodic testing is required, or where an alteration has been made to a conveyance. A fee of $225.00 per hour or any fraction thereof shall be charged to determine if applicable safety orders have been complied with.

(g) A fee will be charged for processing and mailing a permit. The fee shall reflect the actual cost of processing and mailing up to a maximum of $15.00.

(h) The fees to cover the cost of various certifications are as follows:

(1) Certified Qualified Conveyance Company (CQCC) $ 700.00

(2) Certified Qualified Conveyance Inspection Company

(CQCIC) $ 700.00

(3) Certified Competent Conveyance Mechanic

(CCCM) $ 210.00

(4) Temporary Certified Competent Conveyance Mechanic

(TCCCM) $ 35.00/

application

(5) Emergency Certified Competent Elevator Mechanic

(ECCEM) $ 35.00/

application

(6) Certified Qualified Conveyance Inspector (CQCI) $ 210.00

(7) Renewal of a CQCC, CCCM, CQCIC or a CQCI

certification $ 140.00

(8) Replacement of a CQCC, CCCM, CQCIC or a CQCI

certification $ 35.00

(9) Administration of Exam $ 100/

exam

(i) The fee for an erection, construction, or installation permit, including the plan approval, is as follows:

(1) First hydraulic elevator, including direct plunger elevator

and roped hydraulic elevator in a building $ 225.00 per story

(2) Additional similar conveyances in the same

building $ 225.00 per unit

(3) First cable-, screw- and rack and pinion

type-elevators in a building $ 350.00 per story

(4) Additional similar conveyances in the same

building $ 350.00 per unit

(5) Dumbwaiters, material lifts, vertical reciprocating

conveyors and sidewalk elevators $ 550.00 per unit

(6) Wheelchair lifts, stairway lifts, hand-powered

elevators and dumbwaiters $ 450.00 per unit

(7) First Escalator or moving walk in a building $ 900.00 per unit

(8) Additional similar conveyances in the same

building $ 225.00 per unit

(9) Automatic guided vehicles on guideways $1800.00 per unit

(10) All other conveyances $ 225.00 per hour

(j) The fee for an alteration permit, including plan review, is as follows:

(1) Permit for one or two alterations to a single unit $450.00

(2) Permit for same alterations to similar conveyances

in the same building $225.00

per unit

(3) Permit for three or more alterations to a single conveyance $900.00

(4) Permit for same alterations to similar conveyances

in the same building $225.00

per unit

(k) The fee for any change order review of plans shall be $225.00 per hour.

(l) Whenever a person owning or having the custody, management or operation of an elevator fails to pay the fees required under this section within 60 days after notification, he or she shall pay in addition to the fees required by this section, a penalty fee equal to 100 percent of the fee.

(m) An additional fee in the amount of $675.00 shall be charged for inspections that result in the issuance of an Order Prohibiting Use.

NOTE

Authority cited: Sections 60.5, 6308, 7311.4 and 7314, Labor Code. Reference: Sections 60.5, 6308, 7311.4 and 7314, Labor Code.

HISTORY

1. New article 8 (section 344.30) filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

2. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9).

3. Amendment filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

4. Amendment filed 4-16-81; effective thirtieth day thereafter (Register 81, No. 16).

5. Amendment of subsection (a) and new subsection (i) filed 3-24-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 13).

7. Order of Repeal of 3-2-84 emergency order filed 7-30-84 by OAL pursuant to Government Code section 11349.6 (Register 84, No. 31).

8. Amendment filed 7-30-84 as an emergency; effective upon filing (Register 84, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-27-84.

9. Certificate of Compliance transmitted to OAL 11-5-84 and filed 12-4-84 (Register 84, No. 49).

11. Certificate of Compliance transmitted to OAL 11-29-88 and filed 12-29-88 (Register 89, No. 2).

12. Amendment filed 5-12-92 as an emergency; operative 5-12-92 (Register 92, No. 20). A Certificate of Compliance must be transmitted to OAL 9-9-92 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 5-12-92 order including amendment of “Cabled” in subsection (a) and NOTE transmitted to OAL 7-20-92 (Register 92, No. 35).

14. Amendment of section heading and section filed 1-3-2003 as an emergency; operative 1-3-2003. A Certificate of Compliance must be transmitted to OAL by 5-5-2003 or emergency language will be repealed by operation of law on the following day. Exempt from OAL review pursuant to Labor Code section 7314 (Register 2003, No. 1).

15. Reinstatement of section as it existed prior to 1-3-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 23).

16. Amendment of section heading and section filed 6-9-2003 as an emergency; operative 6-9-2003. A Certificate of Compliance must be transmitted to OAL by 10-7-2003 or emergency language will be repealed by operation of law on the following day. Exempt from OAL review pursuant to Labor Code section 7314 (Register 2003, No. 24).

17. Reinstatement of section heading and section as they existed prior to 6-9-2003 amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 32).

18. Amendment of section heading and section filed 10-6-2004 as an emergency; operative 10-6-2004 (Register 2004, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-3-2005 or emergency language will be repealed by operation of law on the following day. Exempt from OAL review pursuant to Labor Code section 7314.

19. Certificate of Compliance as to 10-6-2004 order, including further amendment of section and Note, transmitted to OAL 2-3-2005 and filed 3-16-2005 (Register 2005, No. 11).

20. Amendment of subsections (a)(1)-(f), (i)(1)-(i)(10) and (j)(1)-(k) and new subsection (m) filed 6-21-2010 as an emergency; operative 6-21-2010 (Register 2010, No. 26). This filing is deemed an emergency and is exempt from review by OAL pursuant to Labor Code section 7314. A Certificate of Compliance must be transmitted to OAL by 12-20-2010 or emergency language will be repealed by operation of law on the following day.

21. Editorial correction of History 20 (Register 2010, No. 50).

22. Amendment of subsections (a)(1)-(f), (i)(1)-(i)(10) and (j)(1)-(k) and new subsection (m) refiled 12-8-2010 as an emergency; operative 12-8-2010 (Register 2010, No. 50). This filing is deemed an emergency and is exempt from review by OAL pursuant to Labor Code section 7314. A Certificate of Compliance must be transmitted to OAL by 3-8-2011 or emergency language will be repealed by operation of law on the following day.

23. Certificate of Compliance as to 12-8-2010 order transmitted to OAL 3-4-2011 and filed 4-18-2011 (Register 2011, No. 16).

Article 9. Correctional Industries

§344.40. Definitions.

Note • History

(a) Complaint. As used in this article, the term complaint shall refer to any written allegation of unsafe or unhealthful working conditions at the place of employment of a state prisoner working in a correctional industry. The Cal/OSHA form 7 may be used as a complaint form, but shall not be required.

(b) Committee. As used in this article, the term committee shall refer to the correctional industry safety committee established in accordance with Department of Corrections administrative procedures at each Department of Corrections facility maintaining a correctional industry.

(c) Committee Notice. A committee notice is a written notice suggesting the institution take specific corrective measures and setting forth an appropriate abatement date. The notice shall be served upon the Department of Corrections employee having supervisory responsibility over the unsafe or unhealthful condition. Copies of the notice shall be served upon the warden or superintendent of the institution and upon the complainant. Further, a copy of the notice shall be posted by the committee at a location where employees exposed to the unsafe or unhealthful condition will be likely to see it. Such posting shall be for a period of 15 days or until the unsafe condition is corrected, whichever is longer.

(d) Filing a complaint. A complaint is deemed filed for purposes of this article upon either being deposited in a readily accessible complaint box or being personally presented to any member of the committee.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.3, 6313 and 6413.2, Labor Code.

HISTORY

1. New Article 9 (Sections 344.40-344.46) filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

§344.41. Complaint Procedure.

Note

(a) Any state prisoner working in a correctional industry may file with the committee, a complaint alleging unsafe or unhealthful working conditions at her/his place of employment.

(b) The committee shall provide correctional industry employees with an expedient means of transmitting complaints to the committee. All correctional industry employees shall be informed by posted notice of the manner available to them for filing a complaint.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.3, 6313 and 6413.2, Labor Code.

§344.42. Operation of the Committee.

Note

(a) The committee shall meet as often as necessary but at least every 60 days to discuss health and safety issues relating to employees of correctional industries and to hear and act upon health and safety complaints filed by correctional industry employees.

(b) The committee shall review and take appropriate action on every complaint within 15 calendar days of its filing.

(1) Issue a notice recommending specific corrective measures in the manner set forth in Section 344.40 above. In addition, the committee shall inform the complainant in writing of his/her right to have the committee forward the original complaint and the notice for correction to the Division of Occupational Safety and Health for review if the complainant believes that the notice is insufficient to make the conditions safe or healthful or if the Department of Corrections refuses or fails to comply with the notice.

(2) Refer the complaint to the appropriate district office of the Division of Occupational Safety and Health for review. Such referral shall be made whenever the committee is unable, for any reason, to resolve the issues raised by the complaint within 15 days from the date of filing. Such referral shall be in writing and shall be made by the 15th calendar day from the day of filing. The complainant, if known to the committee, shall immediately be informed in writing of the referral.

(3) Dismiss the complaint for lack of merit. Unless the complainant is anonymous the committee shall set forth its reasons for dismissal in writing to the complainant. Said writing shall also inform the complainant of his/her right to require the committee to have the initial complaint and the committee finding reviewed by the Division in the event that the complainant finds the conclusions of the committee to be unsatisfactory for any reason.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.

§344.43. Duties of the Department of Corrections and the Committee.

Note

(a) Neither the Department of Corrections nor the correctional industry safety committee shall in any way abridge the right of correctional industry employees to file complaints pursuant to this article or to require referral of the complaints to the Division of Occupational Safety and Health.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.

§344.44. Division Participation.

Note

(a) Upon receipt of a complaint from the committee, which it determines to constitute a bona fide allegation of a safety or health violation, the Division shall investigate within 3 working days after receipt if the complaint alleges a serious violation, and not later than 14 calendar days after receipt if the complaint alleges a general violation. The Division may give advance notice of an inspection or investigation and may postpone the same if such action is necessary for the maintenance of security at the facility where the inspection or investigation is to be held, or for ensuring the safety and health of the Division's representative who will be conducting the inspection or investigation.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.

(b) In addition to the investigations required under subsection (a) above, the Division shall investigate every fatality and every employment accident involving serious injury to five or more correctional industry employees. The Division may in its discretion investigate any other accident or report of a safety or health violation involving correctional industry employees which are reported to it.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.

§344.45. Other Duties of the Correctional Industry Safety Committee.

Note

(a) The committee shall retain each complaint or a copy thereof and a record of all action taken pursuant to that complaint for a period of 3 years from the date that all issues with respect to the complaint have been resolved. Such records shall be made available to the Division.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.

§344.46. Other Division Jurisdiction over Unsafe Conditions Pertaining to State Prisoners.

Note

(a) When the Division receives information, pursuant to Labor Code Section 6314, about injury or death of a state prisoner resulting from labor performed by the prisoner, the Division may make recommendations to the Department of Corrections, with or without conducting an inspection, of ways in which corrections might improve the safety of the working conditions and work areas of state prisoners and other safety matters.

(b) If the Department of Corrections fails to comply with the recommendations described in subsection (a) above, or in any other case in which the Division deems the safety of any state prisoner shall require it, the Division may conduct hearings and after such hearings may adopt such special orders, rules, or regulations, or otherwise proceed as authorized in Chapter 1 (commencing with Section 6300 of Division 5 Part 1 of the Labor Code) as it deems necessary. The Department of Corrections shall comply with any such order, rule, or regulations so adopted by the Division.

NOTE

Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.3, 6313 and 6413.2, Labor Code.

Article 10. Civil and Criminal Enforcement Policy of the Division of Occupational Safety and Health

§344.50. Civil Inspections and Investigations.

Note • History

Compliance personnel of the Division are responsible for conducting inspections and investigations under the California Occupational Safety and Health Act for the purpose of invoking civil enforcement remedies only. If hazardous or violative conditions are found, the civil enforcement remedies which can be utilized include, but are not limited to, the issuance of citations and civil penalties, special orders, orders to take special action, the initiation of injunction proceedings, issuance of orders prohibiting use, and the revocation or suspension of permits. Division compliance personnel have no authority to initiate criminal proceedings.

NOTE

Authority cited: Sections 6308, 6314 and 6315, Labor Code. Reference: Sections 6314 and 6315, Labor Code.

HISTORY

1. New Article 10 (Sections 344.50-344.53) filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

§344.51. Criminal Investigations.

Note • History

The central function of the Bureau of Investigations, within the Division of Occupational Safety and Health, is to conduct criminal investigations. The Bureau must investigate accidents involving violations of a standard, order, or special order, or section 25910 of the Health and Safety Code in which there is a serious injury to five or more employees, death, or request for prosecution by a Division representative. The Bureau of Investigations is the only entity within the Division which is empowered to conduct criminal investigations and to refer the results of such investigations when appropriate to a city attorney or district attorney for necessary action. The Bureau must analyze the circumstances surrounding the violation to determine whether the conduct is sufficiently aggravated to fall within the scope of Labor Code sections 6423, 6425 and other penal statutes.

NOTE

Authority cited: Sections 6308, 6314 and 6315, Labor Code. Reference: Sections 6315 and 6314, Labor Code.

HISTORY

1. Editorial correction of Health and Safety section cited in text (Register 91, No. 23).

§344.52. Referral of Cases Other Than Accident Cases by Compliance Personnel to the Bureau of Investigations.

Note

If Division compliance personnel become aware that there are conditions which may constitute criminal violations, the case must be referred trough the Regional Manager/Supervising Industrial Hygienist, with a copy to the appropriate Deputy, to the respective Northern or Southern Office of the Bureau of Investigations. In cases referred for investigation the Supervising Special Investigator will assign the case to a Special investigator for investigation. The investigator will review the facts of the case, interview witnesses, and otherwise, conduct a thorough investigation. The assigned investigator shall prepare a report to the Supervising Special Investigator which shall include a summary of evidence, findings, and recommendations for appropriate action.

NOTE

Authority cited: Sections 6308, 6314, 6315, Labor Code. Reference: Sections 6315, 6314, Labor Code.

§344.53. Nonreferral of Other Than Willful or Repeated Violations in the Context of Scheduled Inspections by Compliance Personnel to the Bureau of Investigations.

Note

Whenever the Division conducts a scheduled inspection according to a general administrative plan in contrast to an accident, complaint, or follow-up investigation, Division compliance personnel shall invoke only the civil enforcement remedies as set forth in Section 344.50 unless the violation is characterized as willful or repeated. This section shall not limit he Division's prerogative to enforce Labor Code Section 6326.

NOTE

Authority cited: Sections 6308, 6314, 6315, Labor Code. Reference: Sections 6315, 6314, Labor Code.

Article 11. License Requirements--Crane and Derrick Certification

§344.60. Licensing of Certifiers of Cranes and Derricks--Requirements.

Note • History

(a) Any person engaging in the testing, examination and/or certification of cranes, including but not limited to tower cranes, or derricks, used in lifting service exceeding three tons rated capacity, as defined in section 4885 of title 8 of the California Code of Regulations, as required pursuant to Labor Code section 7375 and sections 5020 through 5025 of title 8 of the California Code of Regulations shall apply for and obtain a license from the Division pursuant to this article or be approved by the Division to work as a surveyor under a license issued pursuant to this article prior to engaging in such activities.

(1) For the purposes of this article a “licensed certifier” refers to any individual or agency holding a license pursuant to this article.

(2) For the purposes of this article “approval”, “approved surveyor” or “surveyor” refers to an individual who has been approved to certify cranes only under the authority and supervision of a licensed certifier.

(b) Any person authorized by the Division to certify cranes and/or derricks prior to the effective date of this article may continue to perform services under such authority. Any such authority shall expire, however, in the year 1992. For purposes of the month of expiration in the year 1992, the Division will use the first day of the month in which the authorization was regularly scheduled to expire regardless of year. Any certificating agency or person desiring to continue to provide services pursuant to this article must have applied for and obtained a license from the Division prior to expiration of the existing authorization.

(c) All persons or agencies licensed or approved pursuant to this Article shall comply with the provisions of Labor Code section 7375(c).

NOTE

Authority cited: Sections 60.5, 6308 and 7375, Labor Code. Reference: Sections 7375, 7378 and 7379 Labor Code.

HISTORY

1. New section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

2. Repealer of NOTE in subsection (a) and amendment of subsection (c) and NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.61. License and Approval--Application Form and Applicant Qualifications.

Note • History

(a) A license to certify cranes pursuant to this article may be obtained by submitting a completed application to the Division and successfully completing a written examination as set forth herein. Application forms may be obtained by calling the Headquarters offices of the Division or by written request to Post Office Box 603, San Francisco, California 94101.

(1) An applicant seeking a license must satisfy one of the following criteria:

(A) Be an agency or person satisfying the definition of “certificating agency” as set forth in section 4885 of title 8 of the California Code of Regulations, or,

(B) Be an agency or person qualified to certify cranes pursuant to section 5021(a)(1) of title 8 of the California Code of Regulations who is not a certificating agency as defined but who will be operating under the direct technical supervision of a certificating agency as defined.

(2) All applicants must possess knowledge of sections 4884, et. seq. of Title 8 of the California Code of Regulations, as well as ANSI (American National Standards Institute) and SAE (Society of Automotive Engineers) standards, relating to the design and operation of cranes and derricks, including those specifically applicable to the types of cranes for which a license will be issued. In addition, all applicants must demonstrate at least five years related experience with cranes or derricks. This five years of experience must include not less than two years of crane related field duties such as crane inspection as a crane operator, heavy equipment mechanic, shop foreman, operations supervision, rigging specialist, or mechanical or civil engineer. Related education may be substituted for experience at a ratio of two years of education for one year of experience up to three years.

(A) Individuals who have been approved by the Division pursuant to section 5021(a) of Title 8 of the California Code of Regulations and engaging in the certification of cranes prior to the effective date of this Article may use such periods of time to satisfy the experience requirements of this Part.

(b) Any applicant for a license desiring to employ persons as surveyors to conduct inspections and examinations under the authority and supervision of the license must request that such individuals be approved by the Division in the application for license. Any surveyor desiring to work under the authority and supervision of a licensed certifier must meet the requirements of this subsection and successfully complete a written examination as set forth herein.

(1) To be approved the surveyor must possess knowledge and experience with the specific equipment subject to the license and demonstrate at least five years of related experience as set forth in subsection (a)(2) above. Such surveyors will be approved by the Division to perform certification services only under the authority and supervision of the person issued a license pursuant to this article. Approval of a surveyor pursuant to this subsection does not constitute authorization to engage in certification activities outside the authority of the license.

Note: A person may be considered approved as a surveyor by the Division if the person has been previously approved by the Division as a surveyor under another license issued pursuant to this article and the surveyor will be engaging in the certification of the same type(s) of equipment authorized under the previous license.

(c) In the case of a business entity, such as a corporation, or a business association, a license will be issued only where a designated responsible managing agent of the entity or association has been licensed pursuant to this article. In such cases the license will be valid only so long as the responsible managing agent remains with the entity or association. If the qualifying managing agent should leave the entity or association a new managing agent must meet the requirements of this article and be licensed pursuant thereto.

(d) Application Form. Any application for license and approval will be accepted by the Division upon the filing of a completed application, payment of the application fee and full compliance with all other requirements thereof. All information and attachments shall be given under penalty of perjury. In the case of an entity or agency, all submissions shall be made by a person expressly authorized in writing to act on behalf of the applicant. The application shall include, but not be limited to, the following:

(1) A statement of the types of cranes and/or derricks, including their capacities, the applicant desires to certify pursuant to the license.

(2) A statement of qualifications and experience satisfying at a minimum the criteria set forth in this section as well as any and all other qualifications the applicant wishes the Division to consider.

(3) A list of surveyors, if any, to be approved under the license, including their respective qualifications, whether any have been previously approved by the Division, and the license under which the prior approval was issued.

(4) Any other relevant information the applicant desires to be considered by the Division.

(e) Written examination.

Any qualified applicant and surveyor to be approved under a license must successfully complete a written examination administered by the Division or its authorized representative, as set forth in this section. The Division will evaluate the applicant's qualifications based on the application and the applicant's training, knowledge and experience before allowing participation in the written examination.

Note: An applicant will be considered “qualified” if the qualification and experience requirements of this article are satisfied.

The written examination will address the following, among other things:

(1) Applicable provisions of title 8 of the California Code of Regulations, including operation, testing, inspection and maintenance requirements, and the duties and recordkeeping responsibilities as set forth in this article.

(2) Safe operating and engineering principles and practices with respect to the specific types cranes or derricks subject to the license, including inspection and proof loading requirements.

NOTE

Authority cited. Sections 60.5, 6308 and 7375, Labor Code. Reference: Section 7375, Labor Code.

HISTORY

2. Amendment of subsections (a)(2), (b)(1) and NOTE and new subsection (a)(2)(A) filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.62. Issuance of License and Approvals.

Note • History

(a) If the applicant and the surveyor(s) the applicant is seeking to be approved under the license satisfy the requirements of this article, the Division shall issue a license and approval(s).

(b) The Division may impose restrictions on the scope and use of the license or approval(s), such as limiting it to specific types of cranes or derricks based upon the qualifications of the applicant, the desired license, and the qualifications of any surveyor approved under the license.

NOTE

Authority cited: Sections 60.5, 6308 and 7375, Labor Code. Reference: Section 7375, Labor Code.

HISTORY

2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.63. License Application--Processing Time.

Note • History

(a) Within 30 business days of receipt of a completed application for license the Division shall inform the applicant in writing that it is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application. An application is considered complete if it is in compliance with the requirements of this article.

(b) Within 30 business days of the date of the filing of a Completed application the Division shall inform the applicant if the minimum requirements of this article are satisfied and of the applicants eligibility to take the written examination.

(c) Within 60 business days from the date of completion of the written examination the Division shall inform the applicant in writing of its decision regarding the issuance of the license or approval(s).

NOTE

Authority cited: Sections 60.5, 6308 and 7375, Labor Code; and Section 15376, Government Code. Reference: Section 7375, Labor Code.

HISTORY

2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.64. Duration and Renewal of License.

Note • History

(a) The license shall be valid for three years.

(b) Application for renewal shall be filed with the Division not less than 60 days prior to expiration. A renewal may be obtained by filing a completed application for renewal meeting the requirements of section 344.61 hereof.

NOTE

Authority cited: Sections 60.5. 6308 and 7375, Labor Code. Reference: Section 7375, Labor Code.

HISTORY

2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.65. License Application, Renewal and Examination Fees.

Note • History

(a) To cover the costs associated with investigating and evaluating the application for a license and administering the required written examination, a fee of $250.00 for the application, plus $190.00 for the written examination shall be paid.

(b) Where the applicant is seeking the approval of surveyors to work under the authority and supervision of the license either in the application for license or subsequent to the issuance of the license, a fee of $190.00 for each surveyor to be approved shall be paid to cover the costs associated with investigating the request for approval and administering the written examination.

(c) To cover the costs associated with investigating and evaluating an application for renewal of a license a fee of $75.00 shall be paid.

(d) To cover the costs associated with investigating and evaluating a request to transfer a person approved under an existing license to another license a fee of $50.00 shall be paid.

NOTE

Authority cited: Sections 60.5, 6308, 7375, and 7380, Labor Code. Reference: Sections 7375 and 7380, Labor Code.

HISTORY

2. Amendment of subsection (d) and NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.66. Denial of License.

Note • History

(a) The Division shall deny issuance of a license if the applicant does not satisfy the requirements of this article. In denying a license, the Division shall notify the applicant, in writing, as set forth in this article, specifying the reasons for such denial and shall send a copy thereof to the Director.

(b) Any applicant denied a license by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or his authorized representative within five working days of the appeal. The applicant has the burden of establishing qualification for a license. The hearing shall be presided over by the Director or authorized representative.

(c) The Director shall issue a decision within 10 days of the hearing. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearing shall be filed with the Director within ten days from the date of the Director's denial.

NOTE

Authority cited: Sections 60.5, 6308, and 7375, Labor Code. Reference: Section 7375, Labor Code.

HISTORY

2. Amendment of subsection (a) and NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.67. Revocation or Suspension of License.

Note • History

(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any license issued pursuant to this article.

(b) Notice shall be in writing and served at least two days in advance of the hearing. Service shall be by personal service or certified mail to the address as shown on the application form. The notice shall specify the reasons for the action taken by the Division in order that the applicant may prepare for the hearing. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the applicant will be entitled to apply for a new certification.

(c) The hearing shall be held at the Division's Headquarters offices or at such other location as may be designated by the Director and shall be presided over by the Chief of the Division or authorized representative.

(d) During the hearing, the Division shall establish good cause for the action taken. Good cause is deemed to exist if the Division establishes any of the criteria set forth in Labor Code section 7376(a) or that the licensed certifier has committed any of the following acts:

(1) Failure to meet or comply with the requirements of this article or the limitations imposed on the license;

(2) Performance of work not in compliance with applicable laws and regulations.

(e) The period of suspension or revocation for the commission of any act referenced in Labor Code section 7376(a) shall be six months for the first such suspension and one year for each subsequent suspension or revocation.

(1) The commission of any other act referenced in subsection (d) may result in suspension or revocation of up to one year.

(f) Following the period of suspension or revocation, an application for license may be filed with the Division.

(g) The certificating agency or person may appeal such suspension or revocation to the Director. The Director shall hold a hearing at such place designated by the Director or authorized representative within five work--ing days of the appeal. The certificating agency shall have the burden of establishing qualification for licensure.

(h) Following the hearing, the Director shall issue a decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearings shall be filed with the Director within 10 days from the date of the Director's decision.

(i) The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the applicant presents proof that the specified written conditions required by the Division are met or until otherwise ordered after resolution of the appeal.

NOTE

Authority cited: Sections 60.5, 6308, 7375, and 7376, Labor Code. Reference: Sections 7375 and 7376, Labor Code.

HISTORY

2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

Article 12. Tower Cranes--Operating Permit and Certification Requirements

§344.70. Tower Cranes--Operating Permit--Scope and Requirements.

Note • History

(a) The permit requirements of this article apply to two types of tower cranes referred to in these orders as:

(1) “Fixed Tower Crane”, which includes free standing and climber type tower cranes where the vertical mast or tower is attached to a fixed anchorage, foundation or undercarriage attached to rails, as defined in Labor Code section 7371(a) and (b) and section 4885 of title 8 of the California Code of Regulations, and,

(2) “Mobile Tower Crane”, which includes mobile and self erecting type tower cranes, as defined in Labor Code section 7371(a) and (c) and section 4885 of title 8 of the California Code of Regulations.

(b) Any employer operating a fixed or mobile tower crane as described in this section shall obtain a permit from the District Office of the Division pursuant to this article prior to operating the tower crane.

Note: The requirements of this article are in addition to the permit requirements of section 341 et seq. of title 8 of the California Code of Regulations applicable to the erection of the vertical mast or tower for a fixed tower crane.

(c) For the purposes of this article an operating permit is required when the fixed or mobile tower crane is ready for operation, which means the crane has been erected (in the case of a fixed tower crane) and certified for operation by a Division-licensed crane certifier.

NOTE

Authority cited: Sections 60.5, 6308, 7371, 7373 and 7375, Labor Code. Reference: Sections 7371, 7373 and 7375, Labor Code.

HISTORY

2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.71. Application for and Issuance of Operating Permit.

Note • History

(a) Fixed and Mobile Tower Cranes--Application for Permit--Location.

(1) In the case of a fixed tower crane the application must be filed at he District Office nearest the location where the tower crane will be operated.

(2) In the case of a mobile tower crane the application may be filed at the District Office nearest the location where the mobile tower crane will be operated or nearest the principal business offices of the applicant.

(b) If the responsibility for operation of the fixed or mobile tower crane changes during the effective period of an existing permit the new employer shall apply for and obtain a separate permit from the Division as set forth in this article prior to continuing operation of the crane.

(d) A permit may be issued by the Division following the filing of a completed application form and full compliance with all the requirements thereof. Application fees must be paid to the Division upon filing of the application. All inspection fees must be paid by the applicant before the permit will be issued by the Division, unless a temporary permit has been issued pursuant to section 344.72(d) of this article.

(1) In the case of a fixed tower crane the operating permit shall be valid only for the period it is located and operated at the specific site referenced in the permit.

(A) If a fixed tower crane is relocated to a new position on the same project a new operating permit is required.

(2) In the case of a mobile tower crane the permit shall be valid for one year.

(e) The information and attachments submitted with the application for an operating permit shall comply with this section and be given under penalty of perjury by a person duly authorized in writing to act on the behalf of the applicant with respect to the matters referenced in the application. The application shall contain the following:

(1) Employer/Applicant name, address, phone number, project safety contact person, employer's representative at the site including title and phone number and employer/applicant Contractor's Licence No.

(2) Designation of type of contractor and description of crane being operated.

(3) Location and phone number of crane jobsite including nearest cross street, city and county.

(4) Number of employees and anticipated starting date.

(5) Designation of existence of high voltage lines.

(6) Certification that the applicant possesses knowledge of the applicable occupational safety and health standards and manufacturer's operating instructions for the subject crane, as well as a statement of the applicants related training, education and/or experience within the last five years.

(7) Certification that the applicant will comply with all applicable standards and other lawful orders of the Division, and, that the conditions, practices, means, methods, operations or processes used or proposed to be used will be safe, and healthful and that the permit to operate will be posted at the site of operation.

(A) In addition, in the case of a fixed tower crane, the employer shall provide a written job plan which describes the intended operation of the subject crane including the specific uses of the crane and the nature and weight of anticipated loads.

(8) In the case of a fixed tower crane, certification that a Division-licensed certifier or surveyor, or safety representative for the distributor or manufacturer, will be present during erection, climbing and dismantling operations to ensure that such processes and operations are performed in accordance with manufacturer recommendations and applicable standards or orders.

(9) A statement of all previous business identities of the applicant within 10 years prior to the date of application.

(A) “Business identities” include, but shall not be limited to, fictitious business names, corporate names, and/or joint venture partnerships and any other business affiliations in the construction industry involving the use of cranes.

(10) A certification issued by a Division-licensed certifier for subject crane.

(f) The applicant issued a permit pursuant to this article shall have the fixed or mobile tower crane subject to the permit inspected by the Division twice a year. One of these required inspections must be completed prior to the issuance of a permit pursuant to this article.

Note: The initial permit inspection shall be considered as one of the two mandatory yearly inspections.

(g) The holder of a permit issued pursuant to this article shall notify the Division of the following:

(1) In the case of a fixed tower crane the date and time:

(A) The crane will commence operation;

(B) The climbing of the crane; and,

(2) In the case of a mobile tower crane the date, time and location of for each new site of operation. This notification is required only in instances where the mobile tower crane will be located at any given site in excess of one day. Where the crane will be operated at any site, or multiple sites, for less then one da notification is not required.

Note: The notification must be provided to the Division at least 24 hours prior to the activity which is the subject of the notification, and may be made in writing or by telephone followed by written notification. The notification shall be made to the District Office of the Division from which the permit was obtained and must include the date and time of the intended activity.

NOTE

Authority cited: Sections 60.5, 6308, 7372, 7373 and 7375, Labor Code. Reference: Sections 7371, 7372, 7373, 7382 and 7383 Labor Code.

HISTORY

2. Amendment of subsection (e), new subsections (e)(1)-(5) and subsection renumbering, relettering the second subsection (e) and (f) to subsections (f) and (g) respectively and amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

3. Change without regulatory effect amending subsection (e)(8) filed 3-23-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 12).

§344.72. Tower Crane Operating Permit Application--Issuance and Processing Time.

Note • History

(a) Within 5 business days of receipt of an application the Division shall inform the applicant in writing of whether it is accepted for filing and if not what deficiencies exist with reference to the application.

(b) The Division shall issue a permit within 10 days of the receipt of a completed application.

(c) The Division may issue a temporary permit pending the payment of any inspection fees where such fees are not paid in advance. All inspection fees must be paid within 30 business days of the date of the invoice indicating such fees are due. If the inspection fees are not paid within thirty business days as set forth herein, the temporary permit shall immediately expire.

NOTE

Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code; and Section 15376, Government Code. Reference: Sections 7371 and 7373, Labor Code.

HISTORY

2. Amendment of subsection (b) and NOTE, repealer of subsection (c) and relettering filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.73. Tower Crane Operating Permit and Inspection Fee Schedule.

Note • History

(a) To cover the costs associated with investigating and issuing an operating permit for a fixed or mobile tower crane, the fee of $200.00 shall be paid.

Note: The permit to operate and the associated application fee is separate from, and in addition to, the permit and fee requirements of section 341 of title 8 of the California Code of Regulations for the erection of a fixed tower crane.

(b) In addition to the fees set forth in subsection (a) of this section, the hourly fee of $75.00 or fraction thereof, including travel time as set forth in part (1) of this subsection, based on quarter hour intervals, with a minimum of one-half hour, shall be paid to cover the costs associated with inspecting any fixed or mobile tower crane pursuant to the permit requirements of this article and Labor Code section 7373.

(1) Travel time shall include the time from the District Office of the Division processing the request for a permit to the inspection site, and from the inspection site back to the District Office. In the event the travel encompasses multiple permit inspections of different cranes operated by different employers the Division shall allocate the travel time equitably among the permit applicants.

NOTE

Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code. Reference: Sections 7371 and 7373, Labor Code.

HISTORY

2. Amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.74. Denial of Permit.

Note • History

(a) The Division shall deny issuance of an operating permit if the provisions of this article are not satisfied. Upon denying an operating permit to an applicant employer, the Division shall promptly notify the employer, in writing, specifying the reasons for such denial and shall send a copy thereof to the Director.

(b) Any employer denied a permit by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or authorized representative for the convenience of the attending parties within two working days of the employer's appeal. The employer has the burden of establishing that it qualifies for a permit. The hearing shall be presided by the Director or authorized representative and shall also be open to employees or employees' representative. The employer shall notify the employees or employees' representative of such hearing a reasonable time prior to the such hearing, but in no case later than 24 hours prior to the hearing. Proof of such notification by the employer shall be made at the hearing.

(c) The Director shall issue a decision within ten business days of the hearing. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearing shall be filed with the Director within ten days from the date of the Director's decision.

NOTE

Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code. Reference: Sections 7371 and 7374, Labor Code.

HISTORY

2. Amendment of subsection (a) and NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

§344.75. Revocation or Suspension of Permit.

Note • History

(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any permit issued pursuant to this article.

(b) Notice shall be in writing and served upon the applicant at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the project address as shown on the application form. The notice shall specify the reasons for the action taken by the Division. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the applicant will be entitled to resume operation of the tower crane.

(c) The hearing shall be held as soon as possible at the Division's headquarters offices or at such other location as may be designated by the Director and shall be presided by the Chief of the Division or authorized representative.

(e) The period of suspension or revocation for the commission of any act referenced in Labor Code section 7374(a) shall be six months for the first such suspension and one year for each subsequent suspension or revocation.

(1) The commission of any other act referenced in subsection (d) may result in suspension or revocation of up to one year.

(f) The crane employer may appeal such suspension or revocation to the Director. The Director shall hold a hearing at such place designated by the Director or authorized representative for the convenience of the attending parties within five working days of the appeal. The crane employer shall notify employees and employees' representatives of such hearing in a reasonable time prior to the hearing.

The crane employer shall have the burden of establishing qualification for crane operation.

(g) Following the hearing, the Director shall issue a decision within ten business days. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearings shall be filed with the Director within ten days from the date of the Director's decision.

(h) The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the applicant presents proof that the specified written conditions required by the Division are met or until otherwise ordered after resolution of the appeal.

NOTE

Authority cited: Sections 60.5, 6308, 7373, 7374 and 7375, Labor Code. Reference: Sections 7371, 7373 and 7374, Labor Code.

HISTORY

2. Repealer of subsections (d)(1)-(2) and amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

Article 13. Certification Requirements

§344.80. License--Duties and Recordkeeping Requirements.

Note • History

Every crane or derrick certifier, licensed pursuant to article 11 of these orders shall comply with the following requirements:

(a) All tests and examinations shall be performed in accordance with the requirements of title 8 of the California Code of Regulations commencing with section 4884.

(1) No certification shall be issued without first performing all necessary tests and examinations as required by applicable standards or orders, including but not limited to the examination of items 1 through 14 referenced in Plate V of section 4885 of title 8 of the California Code of Regulations.

(2) All certifications shall be issued in a form consistent with that set forth in Plate V of section 4885 of title 8 of the California Code of Regulations.

(b) All testing, examinations, inspections, heat treatments, and recordkeeping procedures shall be carried out by or under the direct supervision of the licensed certifier or surveyor.

(1) Certificates issued pursuant to the license shall be completed and personally signed by the licensed certifier or surveyor performing the test and/or examination.

(c) The District Office of the Division nearest the site of inspection shall be notified of any deficiencies affecting the safe operation of the crane found during the course of any certification inspection. This notification shall be made within five working days following the test/examination date and shall be submitted on a form equivalent to Division form No. IS-162 containing the information set forth in subsection (j) of this section.

Note: Blank IS-162 forms may be obtained from any District Office of the Division: or, see Plate 1 appended to these orders.

(d) Deficiencies for the purposes of this article include any and all conditions found during the course of the certification examination or testing which do not comply with applicable safety orders or manufacturer's specifications.

(e) Correction of all deficiencies affecting the safe operation of the crane shall be verified by the licensed certifier or surveyor prior to issuance of a certification. A signed and dated verification of correction shall be submitted to the Division location where notification was given pursuant to subsection (d) of this section and on the IS-162 form or equivalent along with the certificate issued.

(f) Complete and accurate records of all inspections, tests, and other work performed shall be maintained. At a minimum the licensed certifier shall maintain an inspection record for each crane or derrick inspected and/or tested for certification indicating all items inspected or tested during the course of the certification inspection, as well as copies of any Certifier's Notice of Crane Safety Deficiencies issued and records pertaining to the verification of corrections of any such deficiencies, and all certificates issued. All records shall be maintained for a period of at least five years and shall be made available to the Division upon request.

(g) The following records of the operating history of each crane being examined and/or tested for certification shall be reviewed, if available:

(1) Records of previous certifications and Notices of Crane Safety Deficiencies.

(2) Records of tests performed by others, and,

(3) Records of any modifications, downgrading, upgrading, accidents, and damage relating to the crane or derrick.

(h) Any inspection and/or testing, including proof load tests, being performed shall be limited to those machines authorized by the License.

(i) The Division shall be notified, within 24 hours, in writing if any approved surveyor ceases to be employed by the licensed certifier.

(j) The Notice of Crane Safety deficiencies shall contain at least the following:

(1) Name, address, license number and signature of the licensed certifier or surveyor conducting the inspection.

(2) Name, address and phone number of crane owner and location of crane.

(3) Description and rated capacity of equipment or device, including manufacturer, model No., serial No., and owners identification No., if any.

(4) Date of inspection and notification to the owner and description of deficiencies found during the course of the inspection.

(5) A statement that a certification will not be issued until all deficiencies affecting the safe operation of the crane or derrick have been corrected.

(6) Verification and dates of correction of noted deficiencies.

Note: See Plate 1 appended hereto for a sample form IS-162.

NOTE

Authority cited: Sections 60.5, 6308 and 7375, Labor Code. Reference: Sections 7375, Labor Code.

HISTORY

2. Amendment of subsections (a)(1), (b), (g) and NOTE, repealer of subsection (c) and relettering and new subsection (d) filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

3. Change without regulatory effect amending subsection (a)(1) filed 6-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 23).

Embedded Graphic 08.0138

§344.81. Fixed and Mobile Tower Crane Certification.

Note • History

(a) Fixed tower cranes and mobile tower cranes subject to this article shall be examined, tested and certified pursuant to article 99 annually and in the case of a fixed tower crane whenever it is erected at a new site.

(b) If a fixed tower crane is relocated to a new position on the same project a new certification is required. This requirement does not apply to the climbing of the tower crane.

(c) Each annual certification of a fixed or mobile tower crane shall include examination and testing of the crane structure and its parts as required pursuant to sections 4884 et seq. of title 8 of the California Code of Regulations and manufacturer recommendations. In the case of any fixed tower crane the annual certification must include detailed non-destructive tests of the load hook, slewing ring, tower section and slewing ring bolts, as well as all structural welds in the crane's tower section, mast and the jibs shall be performed where applicable. All deficiencies shall be corrected prior to use.

Note: Written records of the tests and test procedures performed shall be maintained and made available to the Division upon request for a period of five years.

NOTE

Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code. Reference: Sections 7370-7383, Labor Code.

HISTORY

Article 14. Limitations on Division Eligibility for Certifications, Licenses, and Registrations for Aliens

§344.85. Limitations on Division Eligibility for Certifications, Licenses, and Registrations for Aliens.

Note • History

(a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, or national origin of the applicant.

(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, [Pub. L. No. 104-193 (PRWORA)], (8 U.S.C. section 1621), and notwithstanding any other provision of this division, an alien who is not a qualified alien, a nonimmigrant alien under the Immigration and Nationality Act (INA) (8 U.S.C. section 1101 et seq.), or an alien paroled into the United States under Section 212(d)(5) of the INA [(8 U.S.C. 1182(d)(5)], for less than one year, is not eligible for any of the following benefits, except as provided in 8 U.S.C. 1621(c)(2):

(1) A certification as an asbestos consultant or site surveillance technician pursuant to 8 CCR sections 341.15 and Business and Professions Code Section 7180,

(2) A blaster's license pursuant to 8 CCR sections 344.20 through 344.22 and Labor Code Section 7990,

(3) A license to certify cranes or derricks pursuant to 8 CCR section 344.60 through 344.67 and Labor Code Section 7375,

(4) A registration for asbestos-related work pursuant to 8 CCR sections 341.6 through 341.14 and Labor code Section 6501.5,

(5) A certification as a gas tester pursuant to 8 CCR sections 7104, 8406 and 8424 and Labor Code Section 7999.

(6) A certification as a safety representative pursuant to 8 CCR section 8406 and Labor Code Section 7999.

(c) A qualified alien is an alien who, at the time he or she applies for, receives, or attempts to receive a public benefit, is, under Section 431(b) and (c) of the PRWORA [8 U.S.C. section 1641(b) and (c)], any of the following:

(1) An alien lawfully admitted for permanent residence under the INA (8 U.S.C. section 1101 et seq.).

(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. section 1158).

(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. section 1157).

(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA [8 U.S.C. section 1182(d)(5)] for a period of at least one year.

(5) An alien whose deportation is being withheld under Section 243(h) of the INA [8 U.S.C. section 1253(h)], as in effect immediately before the effective date of Section 307 of division C of Public Law 104-208), or Section 241(b)(3) of such Act [8 U.S.C. Section 1251(b)(3)], (as amended by Section 305(a) of division C of Public Law 104-208).

(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980. [8 U.S.C. § 1153(a)(7)] (See editorial note under 8 U.S.C. Section 1101, “Effective Date of 1980 Amendment.”)

(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 [8 U.S.C. § 1522 note)].

(8) An alien who meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:

(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term “battered or subjected to extreme cruelty” includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered to be acts of violence.

(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of Division. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:

1. The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.

2. The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.

3. The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.

4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions), cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.

5. The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.

6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).

7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.

8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.

9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.

1. Status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA [8 U.S.C. section 1154(a)(1)(A)(ii), (iii) or (iv)].

2. Classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA [8 U.S.C. section 1154(a)(1)(B)(ii) or (iii)].

3. Suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA [8 U.S.C. section 1254(a)(3)], as in effect prior to April 1, 1997 [Pub.L. 104-208, sec. 501 (effective Sept. 30, 1996, pursuant to sec. 591); Pub.L. 104-208, sec. 304 (effective April 1, 1997, pursuant to sec. 309) Pub.L. 105-33, sec. 5581 (effective pursuant to sec. 5582)] (incorrectly codified as “cancellation of removal under Section 240A of such act (8 U.S.C. Section 1229b) as in effect prior to April 1, 1997”).

4. Status as a spouse or child of a United States citizen pursuant to clause (i) of Section 204(a)(1)(A) of the INA [8 U.S.C. section 1154(a)(1)(A)] or classification pursuant to clause (i) of Section 204(a)(1)(B) of the INA [8 U.S.C. section 1154(a)(1)(B)(i)].

5. Cancellation of removal pursuant to Section 240A(b)(2) of the INA (8 U.S.C. Section 1229(b)(2)).

(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.

(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:

(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term “battered or subjected to extreme cruelty” includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered as acts of violence.

(B) The alien did not actively participate in such battery or cruelty.

(C) There is a substantial connection between such battery or cruelty and the need for benefits to be provided in the opinion of the Division. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:

1. The benefits are needed to enable the alien's child to become self- sufficient following separation from the abuser.

2. The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.

3. The benefits are needed due to a loss of financial support resulting from the alien's child's separation from the abuser.

4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.

5. The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.

6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).

7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.

8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.

9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.

(D) The alien meets the requirements of subsection (c)(8)(C) above.

(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.

(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:

(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term “battered or subjected to extreme cruelty” includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.

(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the Division. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:

1. The benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser.

2. The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.

3. The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.

4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.

5. The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.

6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).

7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.

8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with the alien child's parent and/or to care for any resulting children.

9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.

(d) For purposes of this section, “nonimmigrant” is defined the same as in Section 101(a)(15) of the INA [8 U.S.C. section 1101(a)(15)].

(e) For purposes of establishing eligibility for benefits, as described in subsection (b)(1)-(b)(6), all of the following must be met:

(1) The applicant shall declare himself or herself to be a citizen of the United States or a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for less than one year under Section 212(d)(5) of the INA [8 U.S.C. section 1182(d)(5)]. The applicant shall declare that status through use of the “Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits,” Cal/OSHA-W-1 issued on April 30, 1998, incorporated herein by reference.

(2) The applicant shall present documents of a type acceptable to the Immigration and Naturalization Service (INS) which serve as reasonable evidence of the applicant's declared status.

(3) The applicant shall complete and sign a Cal/OSHA-W-1 issued on April 30, 1998, incorporated herein by reference.

(4) Where authorized by the INS, the documentation presented by an alien as reasonable evidence of the alien's declared immigration status must be submitted to the INS for verification through the Systematic Alien Verification for Entitlements (SAVE) system procedures as follows:

(A) Unless the primary SAVE system is unavailable for use, the primary SAVE system verification shall be used to access the biographical/immigration status computer record contained in the Alien Status Verification Index maintained by the INS. Except as provided in the next paragraph [(subparagraph (B)], this procedure shall be used to verify the status of all aliens who claim to be qualified aliens and who present an INS-issued document that contains an alien registration or alien admission number.

(B) In any of the following cases, the secondary SAVE system verification procedure shall be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien paroled into the United States under Section 212(d)(5) of the INS [8 U.S.C. section 1182(d)(5)], for less than one year:

1. The primary SAVE system is unavailable for verification.

2. A primary check of the Alien Status Verification Index instructs the Division to institute secondary verification.

3. The document presented indicates immigration status but does not include an alien registration or alien admission number.

4. The Alien Status Verification Index record includes the alien registration or admission number on the document presented by the alien but does not match other information contained in the document.

5. The document is suspected to be counterfeit or to have been altered.

6. The document includes an alien registration number in the “not yet issued” or “illegal border crossing” series, as defined by the INS.

Note: The numbers used by the INS for each series are A60 000 000 and A80 000 000 respectively, as of the date of adoption of this regulation.

7. The document is a fee receipt from INS for replacement of a lost, stolen, or unreadable INS document.

8. The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence; an Arrival-Departure Record (INS Form I-94); or a foreign passport stamped “PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE” that INS issued more than one year before the date of application for a benefit described in subsection (b)(1)-(b)(6).

(5) Where verification through the SAVE system is not available, if the documents presented do not on their face reasonably appear to be genuine or to relate to the individual presenting them, the government entity that originally issued the document shall be contacted for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The Division shall request verification by the INS by filing INS Form G-845 with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his or her original documents, or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant should be referred to the local INS office to obtain documentation.

(6) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien, a nonimmigrant or alien paroled for less than one year under section 212(d)(5) of the INA, the INS verification shall be accepted. If the INS advises that it cannot verify that the applicant has citizenship status or an immigration status that makes him or her a qualified alien, or a nonimmigrant or an alien paroled for less than one year under section 212(d)(5) of the INA, benefits shall be denied and the applicant notified pursuant to subsection (h) or (i) of his or her rights to appeal the denial of benefits.

(7) Provided that the alien has completed and signed form Cal/OSHA-W-1 issued on April 30, 1998, incorporated herein by reference, under penalty of perjury, eligibility for benefits for certification, license or registration, as found in subsection (b)(1)-(b)(6), shall not be delayed, denied, reduced or terminated while the status of the alien is verified.

(f) Pursuant to Section 432(d) of the PRWORA (8 U.S.C. section 1642(d)), a nonprofit charitable organization that provides federal, state, or local public benefits shall not be required to determine, verify, or otherwise require proof of eligibility of any applicant or beneficiary with respect to his or her immigration status or alienage.

(g) Pursuant to Section 434 of the PRWORA (8 U.S.C. section 1644), where the Division reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.

(h) Denial of Application.

(1) The Division shall deny issuance of the benefit applied for if the applicant does not meet the requirements of this section. Upon denial of the benefit the Division shall promptly notify the applicant specifying the reason for the denial.

(2) Any applicant denied certification, license or registration by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or his authorized designee for the convenience of the applicant within two working days of the applicant's appeal. The hearing shall be presided by the Director or his authorized designee.

(3) Following the hearing, the Director shall issue a decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearing shall be filed with the Director within 10 days from the date of the Director's decision.

(i) Revocation or Suspension of Certification, License or Registration.

(1) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any benefit issued pursuant to this section.

(2) Notice shall be in writing and served upon the recipient of the benefit at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the recipient of the benefit to the address as shown on the application form. The notice shall specify the reasons for the action taken by the Division in order that the recipient may prepare for the hearing. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the recipient of the benefit will be entitled to reapply for the benefit of this section.

(3) The hearing shall be held as soon as possible at the Division's headquarters offices or at such other location as may be designated by the Director and shall be presided by the Chief of the Division or his authorized representative.

(4) At the hearing the Division shall establish good cause for the action taken by it. Good cause is deemed to exist if the Division establishes that the recipient of the benefit has failed to comply with the requirements of this section.

The recipient of the benefit may appeal such revocation or suspension to the Director in the same manner specified in subsection (h). The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until the benefit recipient provides proof that the requirements of this section have been met.

NOTE

Authority cited: Sections 54, 55, 59 and 60.5, Labor Code. Reference: Sections 6501.5, 7375, 7990 and 7999, Labor Code; Section 7180, Business and Professions Code; and Sections 1621, 1641 and 1642, Title 8, United States Code.

HISTORY

1. New article 14 (section 344.85) and section filed 4-30-98 as an emergency; operative 4-30-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-28-98 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 4-30-98 order transmitted to OAL 8-18-98 and filed 9-29-98 (Register 98, No. 40).

§344.90. Impalement Protection. Specifications and Testing Criteria (See Construction Safety Orders, Title 8, CCR §1712).

Note • History

(a) Scope: This section governs the testing of manufactured protective covers designed to prevent accidental impalement from exposed reinforcing steel (rebar) or other similar projections.

(b) Effective Date: This section applies to all protective covers manufactured on or after October 1, 2000.

(c) All manufactured protective covers used as protection against impalement for workers at grade or the same level as the projection shall:

(1) Pass the drop test described in subsection (e) of this section, except that the drop height may be reduced to 7 1/2'.

(2) Meet all other applicable requirements of section 1712 of this Code.

(d) All manufactured protective covers used as protection against impalement for work performed at levels not to exceed 7 1/2' above grade shall:

(1) Have a minimum of 4” by 4” square surface area, or if round, a minimum diameter of 4 1/2”. Troughs shall be at least 4” wide.

(2) Pass the drop test specified in subsection (e) of this section.

(3) Meet all other applicable requirements of section 1712 of this Code.

(e) Manufactured protective covers shall be able to pass the following penetration tests, as verified by a person, firm, or entity with appropriate registered-engineering competence, or by a person, firm, or entity, independent of the manufacturer of the subject protective covers, with demonstrated competence in the field of such evaluation.

(1) Protective covers for rebar shall be tested for penetration by dropping a 250-lb. bag of dry sand (less than 10% moisture by weight) onto the subject protective cover from a height of 10'. The 10' shall be measured from the bottom of the bag to the top of the protective cover.

(A) The sandbag shall be generally round, and shall have a circumference of 36” to 42”. When filled with 250 lbs. of sand, the bag shall be tightly closed by use of crimping, drawstring, or twisting at the top level of the sand so that there is little extra room in the bag to allow the sand to shift. The bag shall be constructed and reinforced (as necessary) with material, which will not rupture or be penetrated by the protective cover for rebar.

(B) The protective cover for rebar shall be installed over the sheared end of a piece of #4 rebar. The rebar shall be mounted on a support with 6” of the rebar projecting vertically above the surface of the support. The support shall be of such height and width that it shall not interfere with the falling sandbag, and shall allow the full initial impact of the sandbag to be borne by the protective cover.

(C) The drop test shall be repeated three times, using a new protective cover for each test. One drop test shall be performed with the protective cover sitting squarely on top of the rebar; the other two drop tests shall be performed with the protective cover sitting at the maximum angle out of square (out of level) that the protective cover will permit with its stabilizer vanes/fins removed.

(2) Protective covers for projections or equipment other than rebar, (such as lighting rods,) shall be tested in the same manner as protective covers for rebar, except that protruding equipment which is normally installed with a protective cover as a single unit may be tested as a unit, using the equipment in lieu of the rebar.

(3) Rebar troughs shall be tested for penetration by dropping a 250-lb bag of dry sand (less than 10% moisture by weight) onto the subject trough from a height of 10'. The 10' shall be measured from the bottom of the bag to the top of the protective cover.

(B) The trough shall be installed over the sheared ends of three pieces of #4 rebar. The three pieces rebar shall be mounted in a straight line, 24” apart, on a support with 6” of each piece of rebar projecting vertically above the surface of the support. The trough shall be 72” in length, and shall be centered over the three pieces of rebar so that 12” of the trough extends beyond each of the outside pieces of rebar.

(C) The drop test shall be repeated four times, using a new trough for each test. The sandbag shall be dropped: (i) once with the trough level and the sandbag centered over the middle piece of rebar; (ii) once with the trough level and the sandbag centered over one of the end pieces of rebar; (iii) once with the trough tilted (at the maximum angle allowed by the design) with the sandbag centered over the middle piece of rebar; (iv) once with the trough tilted (at the maximum angle allowed by the design) with the sandbag centered over one of the end pieces of rebar.

(4) Other methods for penetration testing may be substituted for those set forth in this section where acceptable to the Division as being equally effective.

(f) Each manufacturer, or other person or entity reselling or distributing manufactured protective covers, shall furnish the ultimate user of the protective cover with instructions regarding appropriate use of the protective covers. The instructions, written in English, shall include at least the following:

(1) Instructions as to whether the protective cover is designed for use at grade or above grade.

(2) A statement indicating the maximum height of fall that the cover is designed to protect against impalement, but not to exceed 7 1/2'.

(3) Installation instructions.

(4) Instructions regarding the inspection and/or use of damaged or defective protective covers. The effects, if any, of damaged stabilizer vanes/fins shall be included in this instruction.

(5) Any other instructions deemed necessary by the manufacturer regarding the use of the protective covers.

(g) Each employer whose employees use or work around or above protective covers shall inform its employees of the content of the manufacturer's instructions. Such information shall be provided to employees in a manner that allows them to understand the appropriate use of protective covers and the hazards associated with impalement.

(h) Marking--Each protective cover shall be marked with the following information:

(1) Model Number or Trademark.

(2) California Approval Number as issued pursuant to Sections 1712 and 1505 of this Code.

(3) Size(s) designation.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code. Reference: Sections 60.5 and 6308, Labor Code.

HISTORY

1. New section filed 6-26-2000; operative 10-1-2000 (Register 2000, No. 26).

2. Change without regulatory effect amending subsection (e) filed 10-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 42).

Chapter 3.3. Occupational Safety and Health Appeals Board

(Originally Printed 1-12-74)

Article 1. General

§345. Scope and Application of Rules.

Note • History

These rules of practice and procedure of the Occupational Safety and Health Appeals Board shall govern all appeals, contests, motions, hearings, petitions, and proceedings before the Appeals Board and an Administrative Law Judge of the Appeals Board, arising from actions by the Division of Occupational Safety and Health taken pursuant to Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or Section 2950 of the Health and Safety Code, or for employers' cost recovery pursuant to Section 149.5 of the Labor Code.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Repealer of Article 1 (Sections 345-356.2) and new Article 1 (Sections 345-356.2) filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23). For prior history, see Registers 76, No. 38; 74, No. 31; 74, No. 18; and Register 74, No. 2.

2. Repealer of former Section 345 and renumbering of former Section 345.1 to Section 345 filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§346. Tenses, Gender and Number.

Note • History

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Repealer filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§347. Definitions.

Note • History

For the purpose of these rules:

(a) “Administrative Law Judge” means any person appointed by the Appeals Board pursuant to Labor Code Sections 6605 and 6607 as a hearing officer to conduct hearings and to decide matters within the jurisdiction of the Appeals Board;

(b) “Affected Employee” means an employee of a cited employer who is exposed to the alleged hazard described in the citation as a result of assigned duties;

(c) “Appeals Board” or “Board” means the Occupational Safety and Health Appeals Board, and includes the chairperson and members of the Appeals Board, administrative law judges, and staff of the Appeals Board;

(d) “Authorized Employee Representative” means a labor organization which has a collective bargaining relationship with the cited employer and which represents affected employees or an employee organization which has been formally acknowledged by a public agency as an employee organization that represents affected employees of the public agency;

(e) “Completed Appeal Form” means all required blanks filled in and boxes checked, with the signature of employer or employer's representative, and citation(s) appealed from attached to the appeal form.

(f) “Day”, unless specifically stated otherwise means calendar day.

(g) “Declaration” means a certification in substantially the following form:

(1) If executed within California:

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _____________, California on ___________________,

(City) (Date)

(Signature) ___________________________________________

(Typed or printed name)

(2) If executed outside California:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

________________ (Signature) ______________________

(Date) (Typed or printed name)

(h) “Division” means the Division of Occupational Safety and Health;

(i) “Division Action” means any citation, notice, special order, order to take special action, notification of penalty, notification of failure to abate alleged violation and of additional civil penalty, or notification of failure to return a signed statement of abatement issued by the Division pursuant to Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or Section 2950 of the Health and Safety Code, which by statute may be appealed to the Appeals Board;

(j) “Docketed Appeal” means any completed appeal form which has been received by the Appeals Board and assigned a specific docket number;

(k) “Employee” means every person who is required or directed by any employer, to engage in any employment, or to go to work or be at any time in any place of employment;

(l) “Employee Appeal” means any appeal filed by an employee from the period allowed by the Division to abate the alleged violation;

(m) “Employer” means the state and every state agency, each county, city, district, and all public and quasi-public corporations and public agencies therein, every person including any public service corporation, which has any natural person in service, and the legal representative of any deceased employer;

(n) “Hearing” means any hearing before the Appeals Board or an Administrative Law Judge set for the purpose of receiving evidence;

(o) “Hearing Record” means the official record of evidence taken by electronic device in any proceeding before the Appeals Board;

(p) “Intervenor” means a person, group of persons, trade association, legal foundation, or public or private interest group who has been granted leave to intervene in any proceeding;

(q) “Memorandum of Items of Costs” means an itemization of costs claimed pursuant to Section 149.5 of the Labor Code;

(r) “Obligor” means a person other than an employer who is obligated to an employer to repair any machine, device, apparatus, or equipment and to pay any penalties assessed against an employer;

(s) “Participation Notice” means a notice informing affected employees of their right to participate in certain proceedings;

(t) “Party” means a person who has made an appearance before the Appeals Board and been granted party status;

(u) “Person” means an individual, firm, partnership, trust, estate, association, corporation, company, or other entity.

(v) “Petition for Costs” means any claim for reasonable costs to be awarded by the Appeals Board pursuant to Section 149.5 of the Labor Code;

(w) “Proceeding” means any adjudicatory action begun by the filing of an appeal and includes a hearing, prehearing conference, petition for costs, reconsideration, or any other act that may result in an order or decision of the Appeals Board;

(x) “Representative” means a person authorized by a party or intervenor to represent that party or intervenor in a proceeding;

(y) “Rule” means any section set forth in this chapter adopted by the Appeals Board;

(z) “Working Days” means any day that is not a Saturday, Sunday or State-recognized holiday as provided in Government Code Sections 6700 and 6701.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 2015.5, Code of Civil Procedure; Sections 148.7, 149.5, 6301, 6302, 6304, 6304.1 and 6305(b), Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsections (f) and (g) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

3. Change without regulatory effect of subsections (b) and (t) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

4. New subsections (e)-(e)(1) and relettering, amendment of subsections (g), (h) and (k), new subsection (s) and relettering, and amendment of subsection (u) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

5. Amendment of subsection (c), new subsections (e)-(f) and subsection relettering filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§347.1. Appendices. [Repealed]

Note • History

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Repealer filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§348. Computation of Time.

Note • History

(a) In computing the time within which a right may be exercised or an act is to be performed, the first day shall be excluded and the last day shall be included. If the last day is not a working day, time shall be extended to the next working day.

(b) Unless otherwise indicated by proof of service, if the envelope was properly addressed, the mailing date shall be presumed to be:

(1) the postmark date appearing on the envelope if first-class postage was prepaid; or

(2) the date of delivery to a common carrier promising overnight delivery as shown on the carrier's receipt.

(c) Where service of any document, letter, application, request, motion, pleading, brief, decision, petition, answer, memorandum, response, or other writing is by mail, and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed is extended five days if the place of address is within the State of California, and 10 days if the place of address is outside the State of California but within the United States. Such extension shall not apply to extend the time for filing an appeal.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 1013(a), Code of Civil Procedure; and Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsection (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment of subsection (b), new subsection (b)(1) created from text of subsection (b), new subsection (b)(2), and amendment of subsection (c) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§349. Late Filing. [Repealed]

Note • History

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6601, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Repealer of text and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§350. Administrative Law Judge's Oath.

Note • History

(a) Before entering upon judicial duties, each Administrative Law Judge shall take the following oath or affirmation and sign a written copy: “I do solemnly swear (or affirm) that I will faithfully and fairly hear and determine matters and issues referred to me, to make just findings and to report according to my understanding.”

(b) The oath of affirmation taken by an Administrative Law Judge shall apply to all subsequent official actions taken in that capacity and need not be repeated for each matter or proceeding.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5 and 6607, Labor Code.

HISTORY

1. Change without regulatory effect filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

§350.1. Authority of Administrative Law Judges.

Note • History

(a) In any proceeding assigned for hearing and decision under the provisions of Labor Code Sections 6604 and 6605, an Administrative Law Judge shall have full power, jurisdiction and authority to hold a hearing and ascertain facts for the information of the Appeals Board, to hold a prehearing conference, to hold a settlement conference, to hold a status conference, to issue a subpoena and subpoena duces tecum for the attendance of a person and the production of testimony, books, documents, or other things, to compel the attendance of a person residing anywhere in the state, to certify official acts, to regulate the course of a hearing, to grant a withdrawal, disposition or amendment, to order a continuance, to approve a stipulation voluntarily entered into by the parties, to administer oaths and affirmations, to rule on objections, privileges, defenses, and the receipt of relevant and material evidence, to call and examine a party or witness and introduce into the hearing record documentary or other evidence, to request a party at any time to state the respective position or supporting theory concerning any fact or issue in the proceeding, to extend the submittal date of any proceeding, to hear and determine all issues of fact and law presented and to issue such interlocutory and final orders, findings, and decisions as may be necessary for the full adjudication of the matter, or take other action during the pendency of a proceeding to regulate the course of a prehearing, hearing, status conference, or settlement conference, that is deemed appropriate by the Administrative Law Judge to further the purposes of the California Occupational Safety and Health Act. Final orders, findings, and decisions issued by an Administrative Law Judge shall be the orders, findings, and decisions of the Appeals Board unless reconsideration is granted.

(b) In any proceeding which has been assigned for hearing and preparation of a proposed decision pursuant to Section 6604(b), an Administrative Law Judge shall have the same power, jurisdiction, and authority as set forth in subdivision (a) above except that a proposed decision shall be prepared in such form that it may be adopted by the Appeals Board as the decision in the matter.

NOTE

Authority cited: Sections 148.7, 149.5, 6604 and 6605, Labor Code. Reference: Section 11182, Government Code; and Sections 148.7, 148.8, 149.5, 6604, 6605 and 6607, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment of subsection (a) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

4. Amendment of subsection (a) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§350.2. Authority of Executive Officer and Chief Counsel.

Note • History

The Executive Officer and the Chief Counsel shall have full power, jurisdiction and authority to issue a subpoena and subpoena duces tecum for the attendance of a person and the production of testimony, books, documents, or other things, to compel the attendance of a person residing anywhere in the State, to certify official acts, to grant a withdrawal, disposition or amendment, and to issue such other orders as may be necessary for the full adjudication of the matter. Final orders issued by the Executive Officer or the Chief Counsel shall be the orders of the Appeals Board unless reconsideration is granted.

NOTE

Authority cited: Sections 148.7, 149.5 and 6604, Labor Code. Reference: Section 11182, Government Code; and Sections 148.7, 148.8, 149.5 and 6604, Labor Code.

HISTORY

1. New Section filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§351. Records of the Appeals Board.

Note • History

(a) Except where public disclosure of information or exhibits is restricted by law, records of the Appeals Board are public records and are available at its Principal Office in Sacramento, California, for inspection and copying between 8:00 a.m. and 12:00 noon and between 1:00 p.m. and 4:00 p.m. on any working day.

(b) Persons requesting copies of papers, records, or documents are encouraged to employ an independent copy service. However, the Appeals Board will copy and forward papers, records, or documents as its working conditions permit and upon payment of costs, fees, and applicable sales tax.

(d) Payment of costs, fees, and sales tax must accompany the request by check or money order made payable to the Department of Industrial Relations.

(e) Unless otherwise required, compliance by the Appeals Board with a subpoena duces tecum from a court of record, administrative board or commission, hearing officer or other body conducting a legal or administrative proceeding will be pursuant to Article 4 (commencing with Section 1560) of the Evidence Code.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6314(a) and 6322, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§352. Ex Parte Communication.

Note • History

(a) Except as provided in subsection (b), a person shall not communicate with Appeals Board Members or Administrative Law Judges of the Appeals Board regarding a proceeding.

(b) The following communications are permitted:

(1) Written communications, if copies of them are contemporaneously served by the communicator on all parties to a proceeding in accordance with Sections 355(c) and 355(e);

(2) Oral communications, if advance notice of them is given by the communicator to all parties to a proceeding and adequate opportunity is afforded to all parties to participate in the communication;

(3) Oral or written requests for information related solely to the procedure of the Appeals Board or status of a proceeding;

(4) Oral or written communications which all the parties to a proceeding have agreed may be made on an ex parte basis;

(5) Oral or written communications proposing settlement, or an agreement for disposition of any or all issues in a proceeding; and

(6) Oral or written communications concerning a proceeding, if made more than 30 days after service by the Appeals Board of a final order or decision in that proceeding.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Repealer and new text and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Amendment of subsection (a) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§353. Service, Notice and Posting. [Renumbered]

Note • History

NOTE

Authority cited: Section 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5 and 6610, Labor Code.

HISTORY

1. Amendment of subsections (g) and (h) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Renumbering and amendment of former section 353 to section 355 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§354. Party Status.

Note • History

(a) The Division is a party to all proceedings before the Appeals Board, whether or not the Division has appeared or participated in a proceeding.

(b) An affected employee or authorized representative of an affected employee may move to participate as a party to a proceeding by filing a motion in accordance with Section 371.

(c) Affected employees or authorized representatives of affected employees shall not participate as parties to employers' cost recovery proceedings pursuant to Section 149.5 of the Labor Code.

(d) When an Employee Appeal is filed alleging the unreasonableness of the period allowed by the Division to abate an alleged violation, the employer charged with the responsibility of abating the violation is a party to the proceeding.

(e) An obligor may move to participate as a party to a proceeding by filing a motion in accordance with Section 371.

(f) When an obligor appeal is filed from actions taken by the Division, the employer charged may move to participate as a party at any time prior to the beginning of a hearing.

(g) An obligor shall not participate as a party to employers' cost recovery proceedings pursuant to Section 149.5 of the Labor Code.

(h) A person whose motion for party status has been granted by the Appeals Board becomes a party to the proceeding and is entitled to service of all documents and notices. Each party shall serve within 10 working days of the order granting party status, copies of all documents previously filed with the Appeals Board and not served on the new party. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7, 6319(b), 6600 and 6603(a), Labor Code.

HISTORY

1. Amendment of subsections (b) and (c) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsections (b), (e), (h), and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Amendment of subsection (h) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§354.1. Intervention.

Note • History

(a) A person may move to participate as an intervenor in any proceeding by filing a motion in accordance with Section 371. Such participation shall be limited to the terms prescribed in the order of the Appeals Board.

(b) The motion to intervene shall set forth the interest of the moving party in the proceeding and how that interest is similar to that of a party, how the participation of the moving party will assist in the determination of the issues before the Appeals Board, and that intervention will not unnecessarily delay the proceeding.

(c) A person whose motion for intervention has been granted by the Appeals Board is entitled to service of all documents and notices to which parties are entitled and to participate in hearings and prehearing conferences to the extent consistent with the terms prescribed in the order of the Appeals Board granting intervention. An intervenor shall bear the costs of copying documents previously filed with the Appeals Board.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of subsection (a) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Amendment of subsections (b) and (c) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing

§355. Proper Method of Service & Official Address of Record.

Note • History

(a) The Appeals Board shall maintain in each proceeding an official address record which shall contain the names and addresses of all parties and intervenors and their representatives. Documents sent by the Appeals Board to the official address of record for the employer that are returned or undeliverable may result in dismissal of the appeal if the Appeals Board is unable to effectively communicate with the employer.

(b) Any change or substitution in the name-and address of any party or intervenor, or its representative, must be communicated, in writing, promptly, and in no case more than 30 days after the change, to the Appeals Board's Sacramento office. The written communication must also be served on all parties and intervenors. Failure to communicate changes or substitutions promptly in writing by the employer may result in dismissal of the appeal if the Appeals Board is unable to effectively communicate with the employer.

(d) Unless otherwise required, service may be made by personal delivery or by depositing the document in a post office, mailbox or mail chute, or other like facility regularly maintained by the United States Postal Service, sealed, properly addressed, with first-class postage prepaid, by deposit with a carrier guaranteeing overnight delivery, or by facsimile (“FAX”) machine, as provided in subsections (i) and (j) below.

(e) Service is complete at the time of personal delivery or mailing.

(f) Proof of service shall be filed with the document and may be made by any of the following means:

(1) Affidavit or declaration of service by personal delivery, mail, overnight courier or FAX;

(2) Written statement endorsed upon the document served and signed by the party making the statement; or

(3) Letter of transmittal.

(g) Proof of service by the Appeals Board may be made by endorsement on the document served, setting forth the fact of service on the persons listed on the official address record on the date of service. The endorsement shall state whether such service was made personally, by mail, overnight courier or FAX, the date of service and the signature of the person making the service.

(h) Where service is made by the posting of a document, citation, notice, order or decision, proof or certification of such posting shall be filed with the issuing office of the Division not later than the second working day following the posting.

(i) The Appeals Board may serve documents on parties and parties may file documents with the Appeals Board and serve them on other parties by means of FAX under the following conditions:

(1) The length of the document to be filed and/or served shall be no more than twelve (12) pages including cover page and attachments;

(2) A cover sheet shall be attached containing the number of pages transmitted, the FAX number of the sender, the sender's telephone number, and the name of a contact person;

(3) If a document is filed by FAX, all parties shall be served in the same manner or by guaranteed overnight delivery. The FAX transmission shall include a proof of service indicating the method of service on each party.

(j) A document is considered received on the following working day if transmission begins later than 5:00 p.m. Pacific Time.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6610, Labor Code.

HISTORY

1. New article heading and renumbering and amendment of former section 353 to section 355 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of section, including renumbering and amendment of former section 355.1 to new subsections (h)-(i), and amendment of Note filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

3. Amendment of section heading and subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsection (d) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§355.1. Use of Facsimile Machines. [Renumbered]

Note • History

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Renumbering of former section 355.1 to new subsections 355(h)-(i) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§356. Notice to Employees of Appeal and Hearing.

Note • History

(a) The employer shall give notice of an appeal to its employees by posting the docketed Appeal Form, Participation Notice, and Notice of Hearing at or near the site of the alleged violation, positioned so as to be easily read by employees working in the area. If it is not practicable to post the document at or near the site of the alleged violation, the document may be posted in a conspicuous place where it will be readily observable by employees, or at a location to which employees report each day, or at a location from which employees operate to carry out their duties. The docketed Appeal Form, Participation Notice, and Notice of Hearing shall be posted immediately upon receipt from the Appeals Board and shall remain posted until the date of the hearing or receipt of an order disposing of the appeal.

(b) Service of the docketed Appeal Form, Participation Notice, and Notice of Hearing is required, in addition to posting, under the following circumstances:

(1) If affected employees are represented by an authorized employee representative, service in a manner prescribed in Section 355(c) shall be made upon the representative.

(2) If an employee sustained a serious injury or illness, or was killed, as a result of an alleged violation that is being appealed, service in the manner prescribed in Section 355(c) shall be made upon the employee or the representative of the deceased employee.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 6603(a), Labor Code.

HISTORY

1. Amendment of section heading and subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsections (a), (c) and (d) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

3. Renumbering and amendment of former section 356 to section 356.1 and new section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§356.1. Form of Participation Notice.

Note • History

(a) The Participation Notice required by Section 356 shall be in the following form:

“Your employer, (name of employer), has been cited by the California Division of Occupational Safety and Health for violation of an Occupational Safety and Health standard. The citation and/or civil penalty has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board. Affected employees are entitled to participate in this hearing as parties under terms and conditions established by the Occupational Safety and Health Appeals Board in its rules of practice and procedure by filing a motion for party status. The motion for party status shall be sent to the Occupational Safety and Health Appeals Board, at the Appeals Board's principal office in Sacramento, California, and shall be accompanied by a proof of service and shall indicate that it was served on the Division and Employer and any other parties as provided in Section 355.

“All papers filed relative to this matter may be inspected at: (A place reasonably convenient to employees, preferably at or near work place.)”

Where appropriate, the second sentence of the above notice will be deleted and the following sentence will be substituted:

“The reasonableness of the period prescribed by the Division of Occupational Safety and Health for abatement of the violation has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board.”

(b) For a special order or an order to take special action, the first two sentences of the above notice will be deleted and the following sentences will be substituted:

“Your employer, (name of employer), has been issued an order by the California Division of Occupational Safety and Health. The order has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board.”

(c) An employer shall file with the issuing office of the Division, not later than the second working day following the service or posting, proof or certification of service or posting of the docketed Appeal and Participation Notice.

(d) This section and Section 356 do not apply to appeals from citations issued pursuant to Section 2950 of the Health and Safety Code.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7, 6602 and 6603(a), Labor Code.

HISTORY

1. Repealer of former section 356.1 and renumbering and amendment of former section 356 to section 356.1 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Change without regulatory effect amending subsection (a) filed 3-17-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 12).

3. Amendment of subsection (a) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§356.2. Responsibility of Employee to Notify Employer and Other Employees of Proceeding.

Note • History

(a) When an Employee Appeal is filed by an employee, a copy of the docketed Employee Appeal shall be forwarded by the Appeals Board to the employer.

(b) The employer shall post both a copy of the docketed Employee Appeal and a copy of the Participation Notice. Posting shall be in a manner as prescribed in Section 356(a). The form of the participation notice shall follow the format of section 356.1.

(c) When an Employee Appeal is filed by an employee and there are other employees who are represented by an authorized employee representative, the employee shall, upon receipt of the docketed Employee Appeal and the statement by the Division required by Section 361(e) relating to the reasonableness of the abatement period, serve a copy of the Employee Appeal, the Participation Notice, and the statement on the authorized employee representative. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

(d) An authorized employee representative who files an Employee Appeal shall serve a copy of the docketed Employee Appeal upon any other authorized employee representative whose members are affected employees.

(e) Where posting is required by this rule, such posting shall be maintained until the commencement of the hearing or until earlier disposition of the proceeding.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7 and 6603(a), Labor Code.

HISTORY

1. Amendment of subsections (b) and (c), repealer of subsection (e) and relettering, repealer of subsection (g), and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§359. Filing of Appeal.

Note • History

(a) Except as provided in Section 361.1(b), an appeal shall be deemed filed on the date a communication indicating a desire to appeal the Division action is hand delivered, mailed to, or received by the Appeals Board in Sacramento, California, whichever is earlier. No particular format is necessary to institute the appeal. Communications to the Division of Occupational Safety & Health indicating a desire to appeal are not deemed filed with the Appeals Board and do not initiate the appeal.

(b) The time for filing any appeal may be extended or a late filing permitted upon a written showing of good cause that contains sufficient facts to show or establish a reasonable basis for the late filing.

(c) A request to file a late appeal shall be accompanied by a declaration containing a statement that any facts therein are based upon the personal knowledge of the declarant.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 6601, Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of section heading and subsections (a) and (b) and new subsection (c) filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Amendment of section heading and subsection (a) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§359.1. Appeal Form.

Note • History

(a) A completed appeal form shall be filed for each contested Division action.

(b) If an appeal is initiated by other than an appeal form, a completed appeal form shall be filed with the Appeals Board within 10 days of the Appeals Board's written acknowledgement by the Appeals Board of the desire to appeal. Failure to file a completed appeal form with the Appeals Board within 10 days of written acknowledgement by the Board of the intent to appeal constitutes grounds for dismissal.

(c) The Appeals Board shall furnish appeal forms upon request and shall provide them to the district offices of the Division.

(d) Upon receipt of a timely completed appeal form, the Appeals Board shall assign a docket number and deliver or mail a copy of the docketed appeal to each party.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Amendment of subsection (b) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§359.2. Issues on Appeal. [Renumbered]

Note • History

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 6317, 6319.5 and 6601, Labor Code.

HISTORY

1. New subsection (d) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsection (b) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

3. Amendment of subsections (b) and (c) filed 4-24-86; effective thirtieth day thereafter (Register 86, No. 17).

4. Renumbering and amendment of former section 359.2 to section 361.3 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§360. Stay of Abatement Period and Abatement Changes. [Renumbered]

Note • History

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. Renumbering and amendment of former section 360 to section 362 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§361. Employer Appeal.

Note • History

(a) An employer may appeal to the Appeals Board any Division citation or penalty for any ground set forth in Labor Code Section 6600.

(b) An employer may appeal to the Appeals Board a special order or order to take special action for any ground set forth in Labor Code Section 6600.5.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 6319(b) and 6600-6602, Labor Code.

HISTORY

1. Amendment of subsections (c) and (d) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsection (a) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

3. Change without regulatory effect of subsection (a) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

4. Renumbering of former section 361 to section 361.1, renumbering of former section 361.2 to section 361 with repealer of text, and new text filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§361.1. Employee Appeal.

Note • History

(a) An employee or authorized employee's representative may, within 15 working days of the issuance of a citation, special order, or order to take special action, appeal to the Appeals Board the reasonableness of the period of time fixed by the Division for abatement.

(b) An Employee Appeal may be filed with the Division or the Appeals Board. No particular format is necessary to institute the appeal, but the notice of appeal must be in writing.

(c) If an Employee Appeal is filed with the Division, the Division shall note on the face of the document the date of receipt, include any envelope or other proof of the date of mailing, and promptly transmit the document to the Appeals Board.

(d) The Division shall, no later than 10 working days from receipt of the Employee Appeal, file with the Appeals Board and serve on each party a clear and concise statement of the reasons why the abatement period prescribed by it is reasonable.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7 and 6602, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

2. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Renumbering of former section 361.1 to section 361.2, renumbering and amendment of former section 361 to section 361.1 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§361.2. Appeal by Persons Obligated to Employer.

Note • History

(a) An obligor may appeal to the Appeals Board a citation alleging a violation involving any machine, device, apparatus, or equipment to which the obligation applies, for any ground set forth in Labor Code Section 6600.

(b) An obligor may appeal to the Appeals Board a special order or order to take special action ordering changes to any machine, device, apparatus, or equipment to which the obligation applies, for any ground set forth in Labor Code Section 6600.5.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 6319(b) and 6600-6602, Labor Code.

HISTORY

1. Amendment of subsections (a) and (c) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

2. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Renumbering of former section 361.2 to section 361, renumbering of former section 361.1 to section 361.2 with repealer of text, and new text filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§361.3. Issues on Appeal.

Note • History

The issues on appeal shall be limited to those set forth in the Division action that is contested by a docketed appeal, subject to the following limitations:

(a) If the Division action appealed from is a citation, the employer must specify on the appeal form which one or more of the following issues it is raising in its appeal;

(1) The existence of the violation alleged in the underlying citation;

(2) The classification of the violation;

(3) The abatement period;

(4) The reasonableness of the changes required by the Division to abate the violation; or

(5) Only the reasonableness of the proposed penalty.

If the appeal contests only the reasonableness of the proposed penalty, the issues on appeal shall be limited to the classification of the violation and the reasonableness of the proposed penalty, unless a timely motion pursuant to Section 371 is granted to amend the appeal to contest the existence of the violation, the abatement period, or the reasonableness of the changes required by the Division to abate the violation.

(b) If a citation is classified as a repeat violation pursuant to Section 334(d), the earlier citation established by failure to appeal or the entry of a final disposition by the Appeals Board shall not be in issue and shall not be a docketed appeal.

(c) If an employer files a timely appeal from a notification of failure to abate but did not file an appeal from the underlying citation, the existence of the alleged violation shall be an issue in the same hearing if the employer files a motion, in accordance with Section 371, demonstrating good cause for having not appealed the underlying citation.

(d) If the Division amends a citation for the sole purpose of revoking an abatement credit, the employer may appeal the revocation within 15 working days from receipt of the amended citation. The amendment shall not give the Appeals Board jurisdiction over any other issue.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 6317, 6319.5 and 6601, Labor Code.

HISTORY

1. Renumbering and amendment of former section 359.2 to section 361.3 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of first paragraph, repealer of subsection (a) and new subsections (a)(1)-(5) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§362. Stay of Abatement Period and Abatement Changes.

Note • History

Unless otherwise provided by statute, all abatement periods and changes required by the Division are stayed upon the filing of a docketed appeal with the Appeals Board and remain stayed until withdrawal of the appeal or a final disposition of the proceeding by the Appeals Board.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. Renumbering and amendment of former section 360 to section 362 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§363. Consolidation and Severance.

Note • History

(a) The Appeals Board may consolidate for hearing and decision any number of proceedings involving the same employer.

(b) Upon motion of a party or upon its own motion, the Appeals Board may consolidate for hearing and decision any number of proceedings involving different employers where the facts and circumstances are similar and consolidation will result in conservation of time and expense. Any party may object to consolidation in writing within 10 days of the date of service of the order of consolidation.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§364. Withdrawal of Appeal.

Note • History

(a) An appellant may withdraw an appeal by written notification at any time before a decision is issued or by oral motion on the hearing record. The Appeals Board shall grant such withdrawal by letter, order or decision served on the parties.

(b) An appeal so dismissed shall be reinstated by the Appeals Board if the appellant files a written motion with sufficient facts to show that the withdrawal resulted from misinformation given by the Division or the Appeals Board, or from fraud or coercion. A motion for reinstatement must be filed within 60 days of service of the letter, order or decision or, in the event of fraud which could not have been suspected or discovered with the exercise of reasonable diligence, within 60 days of discovery of such fraud. The motion shall be accompanied by a declaration containing a statement that any facts therein are based upon the personal knowledge of the declarant.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§364.1. Withdrawal of Division Action.

Note • History

(a) The Division may withdraw its action by written motion at any time or by oral motion on the hearing record.

(b) If the motion is made prior to the hearing, the Division shall serve a copy of the motion to withdraw on each party and on any authorized employee representative if known to the Division to represent affected employees. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

(c) Upon a showing of good cause, the Appeals Board shall grant such withdrawal by order or decision served on the parties.

(d) The employer shall post for 15 working days a copy of the order or decision granting the withdrawal. Posting shall be in a manner as prescribed in Section 356(a).

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7 and 6614, Labor Code.

HISTORY

1. Amendment of section heading filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

2. Amendment of section heading, subsections (b) and (d), and repealer of subsections (e) and (f) filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§364.2. Disposition of Appeal.

Note • History

(a) Upon a showing of good cause, the Appeals Board may dispose of the issues on appeal by granting a written motion of the parties made at any time or an oral motion of the parties made on the hearing record or in the prehearing conference.

(b) The Division shall serve a copy of the disposition on any authorized employee representative if known to the Division to represent affected employees. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

(d) The employer shall post for 15 working days a copy of the order or decision and a copy of the disposition. Posting shall be in a manner as prescribed in Section 356(a).

(e) An appeal hearing will be taken off calendar if a disposition is received by the Appeals Board's Sacramento office before 10:00 a.m. on the working day preceding the first day of the hearing. If the terms of the disposition are given orally, confirmation by both the employer and the Division is required. The Appeals Board may allow up to 30 days for submission in writing of such oral dispositions.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7 and 6614, Labor Code.

HISTORY

1. Amendment of subsections (b) and (d), repealer and new subsections (e), and repealer of subsection (f) filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of subsection (a) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§368. Amendment. [Repealed]

Note • History

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 11507 and 11516, Government Code; and Sections 148.7, 6317, 6319 and 6603(a), Labor Code.

HISTORY

1. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Repealer filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§370. Application of Article.

Note • History

This article applies to all proceedings before the Appeals Board brought pursuant to Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, Section 2950 of the Health and Safety Code and a petition for costs pursuant to Article 6 but not a proceeding under reconsideration pursuant to Article 5.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Repealer of Article 3 (Sections 372-372.5) and new Article 3 (Sections 370-374.1) filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23). For prior history, see Registers 77, No. 19; 77, No. 2; 76, No. 38; 76, No. 18; and 76, No. 11.

Article 3. Prehearing Procedure Discovery, and Motions

§371. Prehearing Motions.

Note • History

(a) Any motion or request for action, any opposition thereto, and any reply relating to any proceeding shall be in writing and directed to the Appeals Board. The caption of each motion or request shall contain the title and docket or petition number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefor.

(b) Any motion or request, any opposition thereto, and any reply shall be signed by the party filing or by the party's representative, and a copy shall be served on all parties. Service shall be in a manner as prescribed in Section 355(d) and proof of such service meeting the requirements of Section 355(f) shall be filed with the Appeals Board.

(1) A motion or request shall be served and filed no later than 20 days before the hearing date.

(2) Any opposition to the motion shall be served and filed no later than 10 days from service of the motion or request.

(3) Any reply papers shall be served and filed no later than 5 days before the hearing date.

(d) A request to file a motion, opposition, or reply later than the times specified in (c) shall be granted if accompanied by a declaration showing good cause for the late filing.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsection (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment of article heading and subsections (a)-(c), new subsections (c)(1)-(d) and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

4. Amendment of subsection (b) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§371.1. Motions Concerning Hearing Dates.

Note • History

(a) Continuances are disfavored.

(b) A motion for a continuance shall be in writing and made promptly once the reason necessitating the continuance is ascertained. The motion shall be directed to the Appeals Board. Service shall be in a manner as prescribed in Section 355(d) and proof of such service meeting the requirements of Section 355(f) shall be filed with the Appeals Board. In the case of an emergency where the time for the hearing does not permit service as set forth above, service may be made upon a party by fax, email, or personal service. Motions to the Board, however, may not be made by email. The motion shall contain:

(1) The date(s) presently assigned for hearing and the date(s) to which continuance is sought;

(2) A declaration signed under penalty of perjury containing facts in support of the motion; and

(3) An indication of whether the other parties to the appeal were contacted, and if so, their position on the motion. Absent exigent circumstances, the Appeals Board will not rule on the motion without notification of the other party's position or until the time to oppose the motion as provided in (c) has run, whichever comes first.

(c) Any opposition to a motion for continuance shall be filed with the Appeals Board immediately but no later than ten (10) days from service of the motion. Service shall be in a manner as prescribed in Section 355(d) and proof of such service meeting the requirements of Section 355(f) shall be filed with the Appeals Board.

(d) The motion shall be ruled on promptly and not delayed once the Board has received all information needed to rule on the motion.

(e) Each request for a continuance shall be considered on its own merits. The motion shall be granted on an affirmative showing of good cause. The following circumstances shall be considered when determining whether good cause exists for the granting of the continuance:

(1) The unavailability of an essential witness, party, counsel or representative because an emergency arises, including, but not limited to, death or incapacitating illness.

(2) The addition of a new party who has not had notice of the hearing date and an adequate opportunity to prepare for the hearing.

(3) The age of the case and whether there were any previous continuances.

(4) The ability of the parties to agree on at least three (3) alternative hearing dates in the immediate future and the Appeals Board's ability to calendar the case on one of the dates.

(5) The prejudice that parties or witnesses will suffer as a result of the continuance being granted or denied.

(6) Whether the party's counsel is calendared in another hearing which conflicts with the Appeals Board's scheduled hearing, including administrative, civil or criminal matters, the specific attempts made by counsel to continue the other matter, and the results of such attempts.

(7) Whether an alternative short of continuing the entire hearing, such as leaving the record open to allow testimony of an unavailable witness or witnesses at a later time, would accommodate the needs of the moving party while allowing the matter to proceed in the meantime.

(8) Whether the employer has abated the alleged unsafe condition or conditions.

(9) The status of any related criminal investigations or proceedings.

(10) Whether the conflict necessitating the continuance was either foreseeable or created by the party(ies) or the party(ies) representative(s).

(11) Any other fact or circumstance relevant to the fair determination of the motion.

(f) The following circumstances shall not constitute good cause:

(1) Failure to obtain representation, unless a substitution is required through no fault of the party.

(2) Failure of another party to comply with a request for discovery, unless the Appeals Board orders a continuance of the hearing after a motion to compel discovery has been filed pursuant to Section 372.6. A continuance of the hearing may be ordered only if:

(A) a motion to compel discovery was filed at a time which would not have foreseeably delayed the hearing, or good cause for such later filing is shown, and

(B) the matters sought to be discovered are of sufficient importance to warrant a continuance of the hearing.

Note: At-hearing sanctions for discovery abuses are specified in Section 372.7 of these regulations.

(g) Once a motion for continuance has been ruled on by the Appeals Board, a motion for continuance based on the same grounds shall not be entertained at the hearing. If the motion was denied without prejudice a party may renew the motion and submit additional information supporting the request including, but not limited to, changed circumstances or new information not formerly available.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of subsection (e)(2) and new subsections (e)(2)(A)-(B) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

3. Amendment filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§371.2. Amendments Prior to Hearing.

Note • History

(a) Once the parties are notified that an appeal is docketed by the Appeals Board, any proposed amendment of the citation or appeal shall be made in accordance with the procedures set forth in Section 371. Where the parties are notified by mail, the notification date is deemed to be five days after the date on the notification letter. An amendment by the Division that alleges a new violation may be permitted by the Appeals Board, but not after six months have elapsed since occurrence of the alleged violation.

(b) Each party shall be given notice as provided in Section 371 of the intended amendment and an opportunity to prepare a response to an amendment which presents a new charge or defense. Any new charges or defenses shall be deemed controverted.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 11507, Government Code; Sections 6317 and 6603(a), Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of section heading and subsection (b) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

3. Amendment of subsection (a) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§372. Identity of Witnesses.

Note • History

After initiation of a proceeding, a party, upon written request made to another party, is entitled to obtain prior to the hearing the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing. Nothing in this section requires the disclosure of the identity of a person who submitted a complaint regarding the unsafeness of an employment or place of employment unless that person requests otherwise. A request under this section for a list of witnesses to be called may be satisfied only by the service of a list of witnesses.

NOTE

Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference: Section 11507.6, Government Code; and Sections 148.7, 149.5, 6309 and 6603(a), Labor Code.

HISTORY

1. Amendment filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§372.1. Access to Documents.

Note • History

After initiation of a proceeding and prior to the hearing, a party, upon written request made to another party, is entitled to inspect and make a copy of any of the following in the possession or custody or under the control of the other party:

(a) Any statements of parties or witnesses relating to the subject matter of the proceeding;

(b) All writings or things which the party then proposes to offer in evidence;

(d) Inspection and investigative reports made by or on behalf of the Division or other party pertaining to the subject matter of the proceeding, to the extent that such reports

(1) Contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis of the proceeding, or

(2) Reflect matters perceived by the Division in the course of its inspection, investigation or survey, or

(3) Contain or include by attachment any statement or writing described in (a) to (c), inclusive, or summary thereof.

(e) For the purpose of this section, “statements” include written statements by the person, signed or otherwise authenticated, stenographic, mechanical, electrical or other recordings or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements.

(f) Nothing in this Section requires the disclosure of the identity of a person who submitted a complaint regarding an unsafe condition in an employment or place of employment unless that person requests otherwise. Nothing in this section authorizes the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as attorney's work product.

(g) Parties shall arrange a mutually convenient time for inspecting and copying the writings or things within 30 days of service of the written request. Unless other arrangements are made, the party requesting the writings must pay for the copying.

(h) Within 30 days of service of the written request, a party claiming that certain writings or things are privileged against disclosure shall serve on the requesting party a written statement setting forth what matters are claimed to be privileged and the reasons therefor.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Section 11507.6, Government Code; and Sections 148.7, 149.5, 6309, 6322 and 6603(a), Labor Code.

HISTORY

1. Change without regulatory effect of subsection (e) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of introductory paragraph, subsections (f)-(h) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§372.2. Subpoena and Subpoena Duces Tecum.

Note • History

(a) Before the hearing has commenced, the Appeals Board shall issue a subpoena and subpoena duces tecum at the request of a party for attendance of a person at a hearing and for production of a document or thing at the hearing or prehearing conference or at any reasonable time and place. After the hearing has commenced, the Appeals Board may, upon a showing of good cause by the requesting party, issue a subpoena or subpoena duces tecum.

(b) Application for a subpoena duces tecum requires:

(1) Compliance with the provisions of Section 1985 to 1985.4, inclusive, of the Code of Civil Procedure as a condition precedent to the issuance of a subpoena duces tecum; and that

(2) The application for a subpoena duces tecum shall be in the form of an affidavit or declaration under penalty of perjury and shall show good cause for the production of the document or thing requested, specifying the exact document or thing desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the proceeding, and stating that the witness has the desired document or thing in the possession or control of the witness. The application shall also state that if the personal attendance of the witness or other qualified custodian of the records is not required, compliance pursuant to Article 4 (commencing with Section 1560) of the Evidence Code will be permitted.

(c) Any subpoena or subpoena duces tecum issued pursuant to subdivision (a) extends to all parts of the State. The provisions of Sections 1987 and 1988 of the Code of Civil Procedure are applicable to the service of a subpoena or a subpoena duces tecum. Service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Service of a subpoena or subpoena duces tecum is made by delivering a copy to the witness together with a copy of the affidavit or declaration upon which the subpoena duces tecum is based, giving or offering at the same time, if demanded, the fees to which the witness is entitled for travel to and from the place designated. See Section 382 for amount of witness fees and mileage. Service shall be made by personal delivery or by certified mail return receipt requested or by messenger.

(1) Service by personal delivery may be made by any person.

(2) Service by messenger shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, or in person, and identifies himself or herself either by reference to date of birth and driver's license number or Department of Motor Vehicles identification number, or the sender may verify receipt of the subpoena by obtaining other identifying information from the recipient. The sender shall make a written notation of the acknowledgment. A subpoena issued and acknowledged pursuant to this section has the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state.

(d) All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the State or any political subdivision thereof, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed. See Section 382 for amount of witness fees and mileage. All reasonable costs, as defined at Section 1563(b)(1) of the Evidence Code, incurred by a witness not a party, with respect to the production of a business record pursuant to a subpoena duces tecum, shall be paid to the witness before being required to deliver the document.

(e) No witness shall be obligated to attend unless the witness is a resident of the state at the time of service.

(f) Upon timely motion of a party or witness, or upon its own motion, after notice to the parties and an opportunity to be heard, upon a showing of good cause, the Appeals Board may order the quashing of a subpoena or subpoena duces tecum entirely, may modify it, or may direct compliance with it upon other terms or conditions. In addition, the Appeals Board may make any other order as may be appropriate to protect a party or witness from unreasonable or oppressive demands.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 1985, 1987 and 1988, Code of Civil Procedure; Section 1563, Evidence Code; Sections 11181, 11184, 11450.10, 11450.20, 11450.30, 11450.40, 11450.50, 68093, 68097.1 and 68097.2, Government Code; and Sections 148.7, 148.8, 149.5 and 6603(a), Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment filed 4-24-86; effective thirtieth day thereafter (Register 86, No. 17).

3. Amendment of subsections (a), (a)(2), (b), and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

4. Amendment of section and Note filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

5. Permanent adoption of amended section and Note filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

§372.3. Deposition.

Note • History

(a) The Appeals Board or a party to the proceeding may cause the deposition of a person to be taken. At the request of a party, the Appeals Board may issue a subpoena re deposition and subpoena duces tecum re deposition to compel the person to appear for deposition, and to produce books, documents, or other things. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum re deposition.

(b) When a person resides outside the state, the Appeals Board, if requested by a party to the proceeding, shall attempt, when possible, to have a like agency in the other state take the deposition.

(c) A person who is subpoenaed and required to give a deposition is entitled to receive the same witness fees and mileage as if the subpoena required the person to attend and testify at the hearing. See Section 382 for amount of witness fees and mileage.

(d) No person is obligated to attend at a place out of the county of residence unless the distance is less than 75 miles from the place of residence except that the Appeals Board, upon affidavit or declaration of a party showing good cause, may endorse on the subpoena re deposition an order requiring the attendance of such person.

(e) Depositions shall be noticed, taken, filed, and used in the manner prescribed by Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure.

(f) Upon timely motion of a party or the person to be examined or notified to produce books, documents, or other things, or upon its own motion, after notice to the parties and an opportunity to be heard, upon a showing of good cause, the Appeals Board may order that the deposition not be taken, or that it may be taken only at some designated time or place other than stated in the notice of taking deposition or subpoena, or that the deposition may be taken outside the county of residence of the person to be examined and at a place more than 150 miles from the place of residence, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, books, documents, or other things, or that the confidentiality of evidence described at Section 376.6(a) be appropriately protected. In addition, the Appeals Board may make any other order as may be appropriate to protect a party or person from unreasonable or oppressive demands.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 1985, 1987.5 and 2016-2036, Code of Civil Procedure; Sections 11181, 11184, 68093, 68097.1 and 68097.2, Government Code; and Sections 148.7, 148.8, 149.5 and 6613, Labor Code.

HISTORY

1. Change without regulatory effect of subsections (c) and (d) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of subsection (c) and Note filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

3. Permanent adoption of amended subsection (c) and Note filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

§372.4. Evidence by Affidavit or Declaration.

Note • History

(a) At any time 10 or more days prior to a hearing or a continued hearing, a party may mail or deliver to the opposing party or parties a copy of any affidavit or declaration which the proponent proposes to introduce in evidence, together with a notice as provided in subdivision (b). Unless an opposing party, within 7 days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine the affiant or declarant, the opposing party's right to cross-examine such affiant or declarant is waived and the affidavit or declaration, if introduced in evidence, shall be given the same effect as if the affiant or declarant had testified orally. If an opportunity to cross-examine an affiant or declarant is not afforded after request therefor is made as herein provided, the affidavit or declaration may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.

(b) The notice referred to in subdivision (a) shall be substantially in the following form:

“The accompanying affidavit or declaration of (here insert name of affiant or declarant) will be introduced as evidence at the hearing in (here insert title and docket number or petition number of proceeding). (Here insert name) will not be called to testify orally and you will not be entitled to question the affiant or declarant unless you notify (name of the proponent, representative, agent or attorney) at (here insert address) that you wish to cross-examine the affiant or declarant. To be effective, your request must be mailed or delivered to (here insert name of proponent, representative, agent or attorney) on or before (here insert a date 7 days after the date of mailing or delivering the affidavit to the opposing party).”

(c) Nothing in this section shall be construed to limit or restrict the use of affidavits pursuant to Labor Code Section 6611.

NOTE

Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference: Section 11514, Government Code; and Sections 148.7, 149.5 and 6603(a), Labor Code.

HISTORY

1. Amendment of section heading filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsections (a) and (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

§372.5. Judicial Enforcement.

Note • History

(a) If any witness refuses to attend or testify or produce any papers required by a subpoena issued by the Appeals Board, a party may file with the Appeals Board a petition for judicial enforcement. The petition shall be verified and shall set forth that due notice of the time and place of attendance of the person or the production of the papers has been given, that the person has been subpoenaed in the manner prescribed by law and these rules, and that the person has failed and refused to attend or produce the papers required by the subpoena in the cause or proceeding named in the subpoena, or has refused to answer the questions propounded in the course of the hearing or deposition.

(b) If the Appeals Board determines that judicial enforcement is appropriate, it will petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and testify or produce the papers pursuant to Government Code Sections 11186 through 11188, inclusive.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 11186-11188, 11455.10 and 11455.20, Government Code; and Sections 148.7, 148.8, 149.5 and 6603, Labor Code.

HISTORY

1. Change without regulatory effect of subsection (a) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of subsection (a) and Note filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

3. Permanent adoption of amended subsection (a) and Note filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

§372.6. Proceeding to Compel Discovery.

Note • History

(a) A party claiming that its request for discovery pursuant to Sections 372 and 372.1 has not been complied with may serve and file with the Administrative Law Judge or the Appeals Board, if the Appeals Board is hearing the case, a motion to compel discovery naming as respondent the party refusing to comply. The motion shall comply with Section 11507.7 of the Government Code and shall state:

(1) Facts showing that respondent refused or failed to comply with Section 372 or Section 372.1;

(2) A description of the matters sought to be discovered;

(3) The reason or reasons why such matter is discoverable under these rules; and

(4) A reasonable and good faith attempt to contact the respondent for an informal resolution of the issue has been made; and

(5) The ground or grounds of respondent's refusal so far as known.

(b) The motion to compel discovery shall be served upon respondent and filed within 15 days after respondent first evidenced a refusal or failure to comply with Sections 372 and 372.1, or within 30 days after the discovery request was made and respondent has failed to reply to the request, or within another time stipulated by the parties with the approval of the Administrative Law Judge or the Appeals Board, whichever period is longer. The motion shall comply with Section 371(a) and (b).

(c) The hearing on the motion to compel discovery shall be held within 15 days after the motion is made, or a later time that the Administrative Law Judge or the Appeals Board may, on its own motion for good cause determine. Respondent shall have the right to serve and file a written answer or other response to the motion before or at the time of hearing. The answer must comply with Section 371(a) and (b). The hearing may be conducted by telephone or other electronic means as provided in Government Code Section 11140.30. The parties may stipulate, with the approval of the Administrative Law Judge or the Appeals Board, to waive a hearing on the motion to compel discovery, provided that the stipulation provides a date by which respondent shall file its response and requires that the order on the motion shall issue within 30 days of the date the motion was filed.

(d) Where the matter sought to be discovered is under the custody or control of respondent and respondent asserts that the matter is not a discoverable matter under the provisions of Section 372.1(a) through (d), or is privileged against disclosure under (f), the Administrative Law Judge or the Appeals Board may order that the matter be lodged with it and examined in accordance with the provisions of Subdivision (b) of Section 915 of the Evidence Code. The Administrative Law Judge or the Appeals Board shall decide the motion based upon the matters examined in camera, the papers filed by the parties, and such oral argument and additional evidence as the Administrative Law Judge or the Appeals Board may allow.

(e) Unless otherwise stipulated by the parties with the approval of the Administrative Law Judge or the Appeals Board, the Administrative Law Judge or the Appeals Board shall, no later than 15 days after the hearing, issue a written order denying or granting the motion. The Administrative Law Judge or the Appeals Board shall promptly serve a copy of the order to each party or representative. Where the order grants the motion, in whole or in part, the order shall set forth the matters the moving party is entitled to discover under Sections 372 and 372.1. The order shall not become effective until 10 days after the date the order is served. Where the order denies the motion in its entirety, the order shall be effective on the date it is served.

NOTE

Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference: Section 11507.7, Government Code; and Sections 148.7, 149.5 and 6603(a), Labor Code.

HISTORY

1. Amendment of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsection (a) and (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

4. Permanent adoption of amended section, including new subsection (a)(4), subsection renumbering, and additional amendment of subsections (c) and (d), filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

5. Amendment of subsections (a) and (b)-(e) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§372.7. Discovery Abuses.

Note • History

(a) The Administrative Law Judge or the Appeals Board may impose sanctions on a party who fails to respond to an authorized request for discovery or makes an evasive or incomplete response to discovery where such action results in surprise to the requesting party at the hearing.

(b) Such sanctions may include:

(1) An order prohibiting the introduction of designated matters into evidence by the abusing party; and/or

(2) An order establishing designated facts, claims, or defenses against the abusing party in accordance with the claim of a party adversely affected.

(3) Any other order as the Administrative Law Judge or the Appeals Board may deem appropriate under the circumstances.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of subsections (a) and (b)(3) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§373. Expedited Proceeding.

Note • History

Upon motion of a party or upon its own motion, the Appeals Board may order an expedited proceeding. All parties shall be notified and shall be expected to do all things necessary to complete the proceeding in the minimum time consistent with fairness. Time limits for filing a motion to compel discovery, and for responsive filings under Section 372.6 may be shortened as necessary to accommodate the expedited date for disposition of the case.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Amendment filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§374. Prehearing Conference.

Note • History

(a) At any time before a hearing, upon motion of a party or upon its own motion, the Appeals Board may notice and order a prehearing conference for the purposes of simplifying the issues, expediting a hearing and affording parties an opportunity to participate in the disposition of the appeal. The prehearing conference may be conducted by means of a telephone conference call.

(b) Each party to a prehearing conference shall be prepared to discuss the issues, stipulate to any factual or legal issue about which there is no dispute, stipulate to the identification and admissibility of documentary evidence, comply with any request for discovery, report on discovery status where the ALJ has compelled discovery prior to the prehearing, and to do such other things as may aid in the disposition of the proceeding.

(c) The failure of a party or its representative to prepare for and participate in the prehearing conference shall be grounds for the imposition of such sanctions, inferences or other orders, then or during the hearing, as the Appeals Board may deem appropriate. These sanctions may include striking or excluding evidence offered by the non-complying party on that dispute, or precluding that party from contesting the position or information on that issue provided by the complying party.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of subsection (b) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§374.1. Prehearing Statement.

Note

At any time before a hearing, a party may file with the Appeals Board a statement of position or trial brief with respect to any issue to be decided.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

§374.2. Status Conference.

Note • History

(a) At any time before hearing, upon motion of a party or upon its own motion, the Appeals Board may notice and order a status conference to discuss the issues to be presented, the witnesses to be called, the status of discovery requests, pending and contemplated motions, and any other matters that may aid in expediting the hearing or otherwise disposing of the case. The status conference may be conducted by means of a telephone conference call.

(b) The failure of a party or its representative to appear and participate in the status conference may be grounds for the imposition of such sanctions, inferences or other orders, then or during the hearing, as the Appeals Board may deem appropriate. These sanctions may include striking or excluding evidence offered by the non-complying party on that dispute, or precluding that party from contesting the position or information on that issue provided by the complying party.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. New section filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§374.3. Settlement Conference.

Note • History

The Appeals Board on its own motion, or upon written request of a party, may schedule a settlement conference to be held before an administrative law judge who shall not hear the appeal, unless otherwise stipulated by the parties. Each party shall attend or be represented by a person authorized to negotiate regarding settlement. The settlement conference may be conducted by means of a telephone conference call.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

Article 4. Hearing

§375. Application of Article.

Note • History

This article applies to all hearings before the Appeals Board, including a further hearing during reconsideration pursuant to Article 5 and a hearing on petition for costs pursuant to Article 6.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Repealer of Article 4 (Sections 375-385) and new Article 4 (Sections 375-385) filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23).

§375.1. Assignment to Administrative Law Judge.

Note • History

(a) The Appeals Board may assign to an Administrative Law Judge for hearing and order or decision, or for hearing and proposed order or decision, or for hearing before the Appeals Board itself, any proceeding, any further hearing during reconsideration pursuant to Article 5, and hearing on petition for costs pursuant to Article 6.

(b) The Appeals Board may assign to an Administrative Law Judge any other proceeding that requires a hearing and order or decision.

(c) The Appeals Board may transfer to another Administrative Law Judge any proceeding if no oral testimony has been received. In the event proceedings have commenced and the assigned Administrative Law Judge is unable to complete the proceeding because of death, extended absence or disqualification, the Appeals Board may reassign such proceedings to another Administrative Law Judge who shall conduct a hearing de novo. The hearing de novo may be waived if all parties stipulate that the newly assigned Administrative Law Judge may review the hearing record and all of the evidence received, and that the hearing may proceed as if he had presided from the beginning.

(d) The Appeals Board may assign a further hearing or supplemental proceedings to the Administrative Law Judge who heard the original proceeding.

NOTE

Authority cited: Sections 148.7, 149.5, 6604 and 6605, Labor Code. Reference: Section 11182, Government Code; and Sections 148.7, 148.8, 149.5, 6604, 6605 and 6607, Labor Code.

HISTORY

1. Amendment of subsections (a) and (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§375.2. Objections to Particular Administrative Law Judge.

Note • History

(a) The name of the particular Administrative Law Judge assigned by the Appeals Board to a proceeding is available upon request at the time the proceeding is noticed for hearing.

(b) A party wishing to object to the assignment of any proceeding to a particular Administrative Law Judge upon any one or more of the grounds specified in Government Code Section 11425.40 shall, at least 5 working days prior to the scheduled hearing, file with the Appeals Board or Administrative Law Judge a motion to disqualify the assigned Administrative Law Judge together with supporting affidavit or declaration. The hearing shall not begin until the Appeals Board has ruled on the motion.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Section 641, Code of Civil Procedure; and Sections 148.7, 149.5, and 6606, Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 89, No. 5).

2. Amendment of subsection (b) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§376. Time and Place of Hearing.

Note • History

(a) Appeals shall be heard promptly.

(b) Appeals relating to a special order, order to take special action, the reasonableness of the abatement period and an expedited proceeding shall be given priority over other proceedings.

(c) When the Appeals Board is notified that a case is being reviewed by the Bureau of Investigations or any prosecuting authority, the Appeals Board shall delay the hearing until notified that review is concluded or for a period not exceeding three years, whichever occurs earlier. If the Appeals Board is notified that criminal charges have been filed, the Appeals Board shall subsequently extend the delay until completion of the criminal case, which shall be deemed to occur on the date of a verdict of not guilty, a dismissal of the case by a court, or the date of sentencing after a verdict or plea of guilty or no contest. The Appeals Board may also delay the case beyond three years from the date of the incident on the written request of a party or prosecuting authority if necessary to allow the Bureau of Investigations or any prosecuting authority to conclude its review or criminal prosecution of the case.

(d) The Appeals Board shall set the place of the hearing at a location as near as practicable to the place of employment where the violation is alleged to have occurred. When making this determination, the Appeals Board's evaluation will include the location of Appeals Board hearing venues, the availability of Administrative Law Judges, the location of the parties and the witnesses.

(e) When setting hearings, the Appeals Board will consider the following:

(1) The type and complexity of the case.

(2) Whether multiple hearings can be set on the same day without necessitating a continuance.

(3) The parties' projection of the length of time needed for the hearing.

(4) The Administrative Law Judge's projection of the length of time needed for the hearing.

(5) Any other fact deemed relevant by the Administrative Law Judge or Presiding Administrative Law Judge.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6308(c), Labor Code.

HISTORY

1. Amendment of subsection (a) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Repealer and new subsection (c) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

4. Amendment of subsections (c) and (d) and new subsections (e)-(e)(5) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§376.1. Conduct of Hearing.

Note • History

(a) Testimony shall be taken only on oath, affirmation, or penalty of perjury.

(b) Each party shall have these rights: To call and examine witnesses; to introduce exhibits; to question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examinations; to impeach any witness regardless of which party first called the witness to testify; and to rebut any opposing evidence. If a party does not testify on his or her behalf, the party may be called and examined as if under cross-examination.

(c) The Appeals Board may call and examine a party or witness and may, on its own motion, admit any relevant and material evidence.

(d) The taking of evidence in a hearing shall be controlled by the Appeals Board in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the Appeals Board shall define the issues and explain the order in which evidence will be received.

(e) Once a hearing has commenced and until a decision is issued, all motions or questions regarding the proceeding shall be referred to the assigned administrative law judge. If written, the motion shall be served in a manner as prescribed in Section 355(c) and proof of service meeting the requirements of Section 355(e) shall be filed with the Appeals Board. An opposing party may respond in the manner and within such time as the administrative law judge may direct.

(f) Continuance requests shall be entertained at the hearing only in cases of: (1) unforeseen emergencies, including, but not limited to, death or illness of a party, witness, or representative, or (2) non-appearance of a subpoenaed witness whose testimony is material to the outcome of the proceeding.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Section 11513, Government Code; and Sections 148.7, 149.5 and 6603(a), Labor Code.

HISTORY

1. Change without regulatory effect of subsection (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of subsections (b) and (e), new subsection (f), and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§376.2. Evidence Rules.

Note • History

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection to hearsay evidence is timely if made before submission of the case or raised in a petition for reconsideration. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing and irrelevant evidence shall be excluded. The Appeals Board may exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

NOTE

Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference: Section 11513, Government Code; and Sections 148.7, 149.5, 6603(a) and 6612, Labor Code.

HISTORY

1. Amendment filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

2. Permanent adoption of amended section and Note filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

§376.3. Official Notice.

Note

(a) In reaching a decision, official notice may be taken, either before or after submission of the proceeding for decision, of any generally accepted technical or scientific matter within the field of occupational safety and health, and determinations, rulings, orders, findings and decisions, required by law to be made by the Division, the Appeals Board or the Standards Board.

(b) The Appeals Board shall take official notice of those matters set forth in Section 451 of the Evidence Code, including but not limited to:

(1) The decisional, constitutional, and public statutory law of this State and of the United States and the provisions of any county or city charter;

(2) The contents of each occupational safety and health standard and order or notice of the repeal of such standard and order;

(3) The true signification of all English words and phrases and of all legal expressions;

(4) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute.

(c) The Appeals Board may take official notice of those matters set forth in Section 452 of the Evidence Code, including but not limited to:

(1) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States;

(2) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States;

(3) Records of any court of this state or any court of record of the United States or of any state of the United States;

(4) Facts and propositions that are of such common knowledge within California that they cannot reasonably be the subject of dispute;

(5) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.

(d) Each party shall give notice of a request to take official notice and be given reasonable opportunity on request to present information relevant to

(1) the propriety of taking official notice, and

(2) the tenor of the matter to be noticed.

NOTE

Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference: Sections 451, 452 and 455, Evidence Code; Section 11515, Government Code; Sections 148.7, 149.5 and 6603(a), Labor Code.

§376.4. Return of Exhibit.

Note • History

(a) During the pendency of any proceeding, no exhibit filed or received in evidence shall be released into the custody of a party or representative except upon stipulation of all parties or upon order of the Appeals Board.

(b) At any time after a proceeding becomes final, the Appeals Board may, upon request or on its own motion, with or without notice, return to the owner or proponent, all exhibits of a physical, mechanical, or demonstrative character, unless the parties stipulate to some other disposition. The owner or proponent shall bear the cost of return of the exhibit.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Change without regulatory effect of subsection (a) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

§376.5. Interpreters.

Note • History

(a) The hearing and prehearing conference shall be conducted in the English language. The Appeals Board shall notify each party of the right to an interpreter at the time they are notified of the date of the prehearing conference and of the hearing date.

(b) A party who does not proficiently speak or understand the English language or who requests an interpreter shall be provided, during the hearing or prehearing conference, an interpreter approved by the Appeals Board. A request for an interpreter shall be made to the Appeals Board no later than 10 working days prior to the date the interpreter is needed. The cost of providing the interpreter for a party shall be paid by the party requesting the interpreter unless the Appeals Board directs that the Appeals Board shall pay the cost of providing the interpreter due to financial hardship of the requesting party.

(c) If a party's witness does not proficiently speak or understand the English language, the terms and conditions set forth in subsection (b) shall apply. The party presenting the witness may request the Appeals Board to provide an interpreter under those terms and conditions. The cost of providing the interpreter for a witness shall be paid by the party presenting the witness unless the Appeals Board directs that the Appeals Board shall pay the cost of providing the interpreter due to financial hardship of that party.

(d) Language assistance for a party or a party's witness includes oral interpretation or written translation of a language other than English into English or of English into another language, and provision of sign interpreters for deaf or hard-of-hearing parties or persons.

(e) A person whose name appears on the list of interpreters known to be proficient in various languages published by the State Personnel Board shall be eligible to be examined by the Appeals Board relating to terminology and procedures generally used in hearings before the Appeals Board.

(f) In the event that interpreters on the approved list cannot be present at the hearing or the prehearing conference, or if there is no interpreter on the approved list for a particular language, the Appeals Board may qualify and appoint other interpreters.

(g) Before appointment of an interpreter, the Appeals Board or a party may conduct a brief supplemental examination of the prospective interpreter to see if the person has the qualifications necessary to serve as an interpreter in the hearing or prehearing conference and to see if the person understands terms and procedures generally used in hearings and prehearing conferences before the Appeals Board, can explain these terms and procedures in English and the other language being used, and can interpret these terms and procedures into the other language. An interpreter shall not have had any involvement in the issues of the proceeding prior to the hearing or prehearing conference, and shall disclose to the Appeals Board and to all parties any actual or apparent conflict of interest. Any condition that interferes with the objectivity of an interpreter constitutes a conflict of interest. A conflict may exist if an interpreter is acquainted with or related to a party or witness to the proceeding or if an interpreter has an interest in the outcome of the proceeding.

(h) The Appeals Board shall disqualify an interpreter if the interpreter cannot understand and interpret the terms and procedures used in the hearing or prehearing conference, has engaged in conduct creating the appearance of bias, prejudice, or partiality, or has disclosed privileged or confidential communications.

NOTE

Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 11435.15, 11435.20, 11435.25, 11435.30(a), 11435.55(a), 11435.60 and 11435.65, Government Code; and Sections 148.7, 149.5 and 6603(a), Labor Code.

HISTORY

1. Amendment of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsection (f) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment of subsections (b)-(d), (g) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

5. Permanent adoption of amended section and Note filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

6. Amendment of subsection (d) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§376.6. Confidential Evidence.

Note • History

(a) Any exhibit which contains or which might reveal a trade secret referred to in Section 1905 of Title 18 of the United States Code, information that is confidential pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, or photographs taken by the Division during the course of any inspection or investigation, shall be considered confidential.

(b) The Appeals Board shall issue such orders as may be appropriate to protect the confidentiality of trade secrets or other such confidential information.

(c) If testimony is taken which would reveal the substance of trade secrets or other such confidential information, the Appeals Board may exclude from the hearing room any person or witness; but a party to the proceeding, the party's representative, and the inspector or investigator for the Division and the Division's representative shall not be excluded.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6314(a) and 6322, Labor Code.

HISTORY

1. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

§376.7. Hearing Record.

Note • History

The Appeals Board shall make the official record for hearings. The record shall be made by means of an electronic device or by a court reporter. A party desiring the presence of a court reporter must make its own arrangements.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 6608, 6620, 6621 and 6629, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§377. Continuance of Hearing. [Repealed]

Note • History

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Repealer filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§378. Representation at Hearing.

Note • History

(a) A party may appear in person or through a representative who is not required to be an attorney at law. A representative shall file a written notice of representation with the Sacramento Office of the Appeals Board and serve a copy on all parties. Service shall be in a manner prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

(b) A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding.

(c) An employee who is represented by an authorized employee representative may appear through such authorized employee representative.

(d) A representative may withdraw its representation of a party by filing a written notice of withdrawal with the Appeals Board and by serving a copy on all parties. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Change without regulatory effect of subsection (d) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of subsections (a) and (d), repealer of subsection (e), and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§379. Exclusion of Witnesses.

Note • History

Upon motion of a party, the Appeals Board may exclude from the hearing room any witnesses not at the time under examination; but a party to the proceeding, the party's representative, and the inspector or investigator for the Division and the Division's representative shall not be excluded.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Change without regulatory effect filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

§380. Briefs.

Note • History

A motion for leave to submit a written post-hearing brief shall be made prior to the close of the hearing and shall be granted in the discretion of the Administrative Law Judge or the Appeals Board upon a determination that the brief will be productive and will not unreasonably delay the disposition of the proceeding. A party shall file its brief within 15 working days from the date of the hearing. Opposing parties may file an answer within 10 working days from service of the brief. The Administrative Law Judge or the Appeals Board, upon a showing of good cause, may extend or reduce the above filing dates for submission of a brief. Service on a party shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Administrative Law Judge or the Appeals Board. An original brief shall be filed with the Appeals Board in Sacramento, with a copy provided to the administrative law judge assigned to the hearing.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of section heading, repealer of subsection (a) and subsection (b) designator and amendment of section filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§381. Contempt; Bad Faith Actions and Tactics.

Note • History

(a) If any person in proceedings before the Appeals Board disobeys or resists any lawful order or refuses, without substantial justification, to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceedings, the Administrative Law Judge or the Appeals Board may, on its own motion or the motion of a party:

(1) Certify the facts to the Superior Court in and for the county where the proceedings are held for contempt proceedings pursuant to Government Code Section 11455.20;

(2) Exclude the person from the hearing room;

(3) Prohibit the person from testifying or introducing designated matters in evidence;

(4) Establish designated facts, claims, or defenses if the person is a party;

(5) Grant the appeal without further proceedings if the person is a representative of the Division; or

(6) Dismiss the appeal without further proceedings if the person is the Employer or a representative of the Employer.

(b) If, after the docketing of an appeal and before submission of the appeal proceeding as provided in section 385, a party, representative or both engage in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay, the Administrative Law Judge or the Appeals Board may order that party, representative or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of those bad faith actions or tactics.

(1) “Frivolous” means totally and completely without merit or for the sole purpose of harassing an opposing party.

(c) For purposes of subsection (b), before an order for reasonable costs is issued, a noticed hearing will be scheduled. An order to show cause will be issued stating the date, time, and place of the hearing at which all parties will have an opportunity to be heard as to whether or not reasonable costs should be ordered.

(d) A decision ordering or denying the payment of reasonable expenses incurred shall be in writing and comply with the provisions of Section 385. A decision ordering a party to pay reasonable expenses incurred by another party shall state in detail the conduct or circumstances justifying the order. A decision by an Administrative Law Judge under this section shall be subject to review by a petition for reconsideration under Article 5 of the Appeals Board's regulations. A final decision, as defined in Section 396(c), is enforceable as provided in Section 11455.30 of the Government Code.

NOTE

Authority cited: Sections 148.7 and 6603, Labor Code. Reference: Sections 11186-11188, 11455.10, 11455.20 and 11455.30, Government Code; and Sections 148.7, 148.8, 149.5 and 6603, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of section heading, section and Note filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

3. Permanent adoption of amended section heading, section and Note, including additional amendment of subsection (b), filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

4. Amendment of section heading and amendment of subsections (a), (b) and (c)-(d) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§382. Witness Fees.

Note • History

(a) Witnesses subpoenaed for any deposition or hearing are entitled to the following fees and mileage, payable in advance:

(1) Witness fee for each day's actual attendance of thirty-five dollars ($35);

(2) Mileage actually traveled, both ways, of twenty cents ($.20) a mile;

(b) A party who subpoenas a peace officer as listed at Government Code Section 68097.1 shall reimburse the public entity for the full cost to the public entity incurred in paying the officer his salary or other compensation and traveling expenses for each day that such officer is required to remain in attendance. The amount of one hundred and fifty dollars ($150), together with the subpoena, shall be tendered to the person accepting the subpoena for each day that the officer is required to remain in attendance pursuant to the subpoena. If the actual expenses should later prove to be less than the amount tendered, the difference shall be refunded; or if the actual expenses should later prove to be more than the amount tendered, the difference shall be paid to the public entity by the party at whose request the subpoena was issued.

NOTE

Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference: Sections 11191, 11450.40, 68093, 68097.1 and 68097.2, Government Code; and Sections 148.7, 148.8, 149.5 and 6603(a), Labor Code.

HISTORY

1. Amendment of subsections (a) and (c) filed 2-1-84; effective thirtieth day thereafter (Register 84, No 5).

2. Amendment of section and Note filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

3. Permanent adoption of amended section and Note, including additional amendment of subsection (a), filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

§383. Failure to Appear.

Note • History

(a) If after service of a notice of hearing, notice of consolidated hearing, or continuance, a party fails to appear at a hearing either in person or by representative, the Appeals Board may take the proceeding off calendar; may, after notice, dismiss the proceeding; or may receive evidence from any party that appears.

(b) Any proceeding may be reinstated by the Appeals Board if the non-appearing party files a written motion, no later than ten (10) days after receipt of notification of intent to dismiss, that contains sufficient facts to establish a reasonable basis for the failure to appear at the hearing. A party opposing the reinstatement of any proceeding may file a response no later than ten (10) days from service of the reinstatement request. The motion and response shall be accompanied by a declaration containing a statement that any facts therein are based upon the personal knowledge of the delcarant. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6611, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§384. Proposed Decisions; Action on by Appeals Board.

Note • History

(a) If a proceeding is referred to an Administrative Law Judge for hearing and preparation of a proposed order or decision pursuant to Labor Code Section 6604(b), the judge shall prepare a proposed order or decision in such form that it may be adopted as the order or decision in the case. A copy of the proposed order or decision shall be a public record. The Appeals Board may confirm, adopt, modify or set aside the proposed order or decision of the Administrative Law Judge and may, with or without further proceedings and with or without notice, enter its order, findings, or decision based upon the record in the case. Whenever the Appeals Board determines that additional evidence is necessary, it may take additional evidence in the case, or it may reassign the case to the same or to another Administrative Law Judge to take additional evidence. If the case is so reassigned to an Administrative Law Judge, the judge shall prepare a proposed order or decision.

(b) The Appeals Board shall take action on a proposed order or decision as described in subsection (a) above within 30 days after the case is submitted.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6604(b), 6608 and 6609, Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§385. Decisions.

Note • History

(a) Unless otherwise ordered, all proceedings shall be submitted for decision at the close of the hearing. The Appeals Board or Administrative Law Judge may extend the submission date and shall, within 30 days after the proceeding is submitted, summarize the evidence received and relied upon, make findings upon all facts involved in the appeal, and file an order or decision with the reasons or grounds upon which the order or decision was made.

(b) The order or decision shall be in writing, signed and dated by the Administrative Law Judge or the members of the Appeals Board deciding the proceeding.

(c) A copy of the order or decision shall be served on each party or representative together with a statement informing the parties of their right to petition the Appeals Board for reconsideration of the order or decision within 30 days of service of the order or decision.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6608 and 6609, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment of subsection (a) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§386. Post-Submission Amendments.

Note • History

(a) The Appeals Board may amend the issues on appeal or the Division action after a proceeding is submitted for decision in order to:

(1) Correct a clerical error;

(2) Address an issue litigated by the parties;

(3) Amend the section number cited in the citation if the same set of facts apply to both the cited and proposed sections; or

(4) Amend any part of the Division action to conform it to a statutory requirement.

(b) Each party shall be given notice of the intended amendment and the opportunity to show that the party will be prejudiced thereby. If such prejudice is shown, the amendment shall not be made.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 6603(a), Labor Code; Section 11516, Government Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

Article 5. Reconsideration

§389. Application of Article.

Note • History

This article applies to all petitions for reconsideration, all orders of reconsideration on the Appeals Board's own motion, all answers in response, if any, and the taking of additional evidence by further hearing.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Repealer of Article 5 (Sections 390-394) and new Article 5 (Sections 389-394) filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23). For prior history, see Registers 77, No. 19; 77, No. 2; and 76, No. 38.)

§390. Filing of Petition and Answer.

Note • History

(a) A party aggrieved by an order or decision may, within 30 days of service of such order or decision, petition the Appeals Board for reconsideration with respect to any matters determined or covered by the order or decision. The petition for reconsideration shall be filed at the Appeals Board in Sacramento, California, and shall be deemed filed on the date it is delivered or mailed to the Appeals Board.

(b) A party may, within 30 days of service of any petition for reconsideration, file an answer with the Appeals Board.

(c) Any petition for reconsideration and answer shall be signed by the party filing or by his representative and, except for those agencies listed at Section 446 of the Code of Civil Procedure, verified upon oath.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Section 446, Code of Civil Procedure; Sections 148.7, 149.5, 661(a), 6616 and 6619, Labor Code.

HISTORY

1. Amendment of subsections (a) and (c) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

§390.1. Reconsideration: General.

Note • History

(a) The petition for reconsideration shall be based upon one or more of the following grounds:

(1) That by the order or decision the Appeals Board acted without or in excess of its powers;

(2) That the order or decision was procured by fraud;

(3) That the evidence received by the Appeals Board does not justify the findings of fact;

(4) That petitioner has discovered new material evidence which the petitioner could not, with reasonable diligence, have discovered and produced at the hearing;

(5) That the findings of fact do not support the order or decision.

(b) Upon reconsideration, the Appeals Board may:

(1) Affirm, rescind, alter, or amend the findings, order or decision, or

(2) Request oral argument, the filing of briefs and amicus curiae (amicus) briefs, or other proceedings not involving the taking of additional evidence.

(3) Direct the taking of additional evidence either by submission or by further hearing as provided in Sections 393 and 394.

(c) If the Appeals Board is satisfied that no additional evidence is necessary, after considering the record, with or without further proceedings, it may enter its order, findings, or decision after reconsideration.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6617, 6620 and 6621, Labor Code.

HISTORY

1. Change without regulatory effect of subsection (a)(4) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. New subsection (b)(2), subsection renumbering and amendment of subsection (c) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§390.2. Appeals Board Reconsideration on Its Own Motion.

Note • History

(a) At any time within 30 days of the filing of any order or decision, the Appeals Board may, on its own motion, order reconsideration with respect to any matters determined or covered by the order or decision. The Appeals Board shall notify the parties if it orders reconsideration.

(b) A party may, within 30 days of service of any order of reconsideration, file an answer with the Appeals Board.

(c) Any answer shall be signed by the party filing or by the representative and, except for those agencies listed at Section 446 of the Code of Civil Procedure, verified upon oath.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Section 446, Code of Civil Procedure; Sections 148.7, 149.5, 6614(b) and 6619, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

§390.3. Final Order or Decision.

Note • History

(a) If within 30 days of the filing of an order or decision no petition for reconsideration has been filed, and no reconsideration has been ordered on the Appeals Board's own motion, the order or decision is a final order of the Appeals Board and not subject to review by any court or agency.

(b) Any petition for reconsideration shall be deemed to have been denied by the Appeals Board if it is not acted upon within 45 days of service and the order or decision is a final order of the Appeals Board and not subject to review by any court or agency. The Appeals Board may, however, upon a showing of good cause, extend the time within which it may act upon the petition for a period not exceeding 15 days.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5, 6615 and 6624, Labor Code.

HISTORY

1. Amendment of subsection (b) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§390.9. Suspension of Order or Decision.

Note

The Appeals Board may stay, suspend or postpone the order or decision pending an order, findings, or decision after reconsideration.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5 and 6625, Labor Code.

§391. Format of Petition for Reconsideration.

Note • History

A petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the order or decision to be unjust or unlawful, and every issue to be considered by the Appeals Board on reconsideration. Any objection or issue not raised in the petition for reconsideration is deemed waived by the petitioner. The petition for reconsideration will be denied if it contains no more than allegations of the statutory grounds for reconsideration, unsupported by specific references to the record and principles of law involved.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6618, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§391.1. Filing of Petition for Reconsideration -- Date.

Note • History

(a) A petition meeting all requirements of these regulations and the Labor Code shall be deemed filed on the date indicated on the proof of service. If there is no proof of service, the date of filing shall be the date of hand delivery to the Sacramento Office of the Appeals Board or the mailing date.

(b) A petition that is not properly verified upon oath and/or not accompanied by a proof of service shall be considered filed in accordance with subsection (a) if the petitioner perfects the petition by filing the verification and/or proof of service within five days of the date of service of a letter from the Appeals Board noting the omission(s).

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 6614, 6615, 6620, 6624, and 6625, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§392. Proof of Service.

Note • History

A petition for reconsideration, supplemental petition, answer, and supplemental answer shall be served on all parties who have been joined in the proceeding at the time of filing. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5, and 6619, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§392.3. Motion to File Supplemental Petition or Answer.

Note • History

(a) If a petition for reconsideration has been timely filed, a motion to file a supplemental petition may be granted at the discretion of the Appeals Board. If the motion is granted, the Appeals Board shall include in the order the date by which the supplemental petition must be received.

(b) An opposing party may file an answer to a supplemental petition no later than 30 days from the service of the supplemental petition, regardless of whether an initial answer was filed.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 6620, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

§392.4. Motions During Reconsideration Process.

Note • History

(a) Any motion or request for action, any opposition thereto, and any reply relating to any proceeding under reconsideration by the Appeals Board shall be in writing and directed to the Appeals Board's Sacramento office. The caption of each motion, request, opposition or reply shall contain the title and docket or petition number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefor.

(b) Any motion or request, or opposition thereto, and any reply shall be signed by the party filing or by the party's representative, and a copy shall be served on all parties. Service shall be in the manner prescribed in Section 355(c) and proof of service meeting the requirements of Section 355(c) shall be filed with the Appeals Board.

(c) Unless otherwise ordered, a motion or request may be served and filed at any time after reconsideration has been granted, but no later than 45 days before the date set forth in subsection (1) below:

(1) The Appeals Board shall notify the parties at least 90 days prior to the last day for making motions or requests relating to any proceeding under reconsideration.

(2) A motion or request shall be served and filed no later than 45 days before the date specified by the Appeals Board in 392.4(c)(1).

(3) Any opposition to such motion or request shall be served and filed no later than 30 days from service of the motion or request.

(4) Any reply papers shall be served and filed no later than 15 days from service of the opposition papers.

(d) A request to file a motion, request, opposition or reply later than the times specified in 392.4(c) may be granted in the Appeals Board's discretion if accompanied by a declaration showing good cause for the late filing.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 6617 and 6620, Labor Code.

HISTORY

1. New section filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§392.5. Availability of Recording Media.

Note • History

(a) The Appeals Board shall promptly provide a copy of the recording of the hearing to any requesting party upon receipt of a written request. The request may be made in person, by mail, or by facsimile.

(b) A party may request that the recording copy be sent via overnight delivery.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Sections 149.5, 6621 and 6629, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of section heading and section filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

§393. Oral Argument on Reconsideration; Amicus Curiae Briefs; Taking of Additional Evidence by Submission.

Note • History

(a) The Appeals Board may, at the request of a party or on its own motion, hear oral argument before the Board. The Appeals Board need not grant oral argument in any case, but may request argument in cases in which, in its judgment, oral argument may be helpful in deciding issues important to the administration of Division 5 of the Labor Code. Oral argument shall not be ordered if either the Division or the employer notifies the Appeals Board in writing that it declines to participate within 10 days of the issuance of the request for oral argument.

(b) The Appeals Board may designate specific issues to be addressed. The Appeals Board shall, within a reasonable time before the oral argument is to take place, notify all parties and intervenors of the date, time, and place for which oral argument has been set and the issues to be heard.

(c) The Appeals Board may request the filing of briefs either before or after oral argument by issuance of an order in writing, or at oral argument may order the filing of briefs on the record of the oral argument.

(d) Should either party fail to appear for oral argument, the party present may be allowed to proceed with its argument.

(e) A brief of an amicus curiae (amicus) may be filed only by leave of the Appeals Board. The brief shall be filed within the time allowed for the filing of the answer or brief of the party whose position the amicus will support unless the Board grants leave for filing at a later date specified by the order of the Appeals Board. Unless otherwise ordered, an amicus may not file a responding brief.

(f) An amicus will not be permitted to participate in oral argument without leave of the Appeals Board. An amicus may move no later than 10 days before oral argument is scheduled to participate in oral argument. Its motion shall identify its interest and state the reasons its participation would be helpful. Any opposition to the motion of an amicus to participate in oral argument shall be filed and served no later than 5 days before the date of oral argument.

(g) When reconsideration has been granted, either by petition or on the Appeals Board's own motion, the Appeals Board may request that additional evidence be submitted. Notice and an opportunity to respond to the request shall be given to all parties.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5 and 6620, Labor Code.

HISTORY

1. Amendment of section heading, new subsections (a)-(f) and designation of existing section as subsection (g) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

§394. Taking of Additional Evidence by Further Hearing.

Note • History

(a) When reconsideration has been granted either by petition or on the Appeals Board's own motion, the Appeals Board may order that additional evidence be taken at a further hearing. Notice of the time and place of further hearing shall be given to all parties and to such other persons as the Appeals Board may direct.

(b) The issues on further hearing shall be limited to those set forth in the order.

(c) The time limit at Section 385(a) for filing an order or decision shall not apply to further hearings during reconsideration.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 149.5 and 6620, Labor Code.

HISTORY

1. Amendment of NOTE filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

Article 6. Employers' Cost Recovery

§395. Application of Article.

Note • History

This article shall apply to all petitions for costs to the Appeals Board brought pursuant to Section 149.5 of the Labor Code.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Section 149.5, Labor Code.

HISTORY

1. New Article 6 (Sections 395-397) filed 2-13-80; effective thirtieth day thereafter (Register 80, No. 7).

§396. Definitions.

Note • History

As used in Sections 395 to 397, inclusive, of these rules:

(a) “Burden of proof” means the burden on an employer petitioning for costs to establish by a preponderance of the evidence that the issuance of a citation was the result of arbitrary or capricious action or conduct by the Division.

(b) “Citation is withdrawn” means that after an employer has filed an appeal in accord with Section 359, and the Appeals Board has acknowledged jurisdiction, that the Appeals Board grants the Division's motion or petition to withdraw the citation.

(c) “Final decision” means a decision or order of the Appeals Board or an Administrative Law Judge which has not been stayed or from which no petition for reconsideration has been filed or no reconsideration has been granted on the Appeals Board's own motion within the time permitted by law. If the Appeals Board has granted reconsideration, a decision or order shall be final 30 days after the decision after reconsideration has been issued unless a writ of mandate has been filed as provided by law. If a writ of mandate has been filed, a decision or order shall be final after a judgment has been entered and no appeal is pending in the courts.

(d) “Prevails in the appeal” occurs when an employer has prevailed in the appeal on an item of a citation or a total citation. An employer who appeals the existence of a violation shall not be deemed to have prevailed in the appeal if the alleged violation is affirmed and the Appeals Board only amends the classification of the violation or reduces the amount of proposed civil penalty.

(e) “Reasonable costs” means costs necessarily incurred by an employer in preparing for and pursuing an appeal of a citation. Reasonable costs are those costs allowed under Section 149.5 of the Labor Code, including attorney's fees, consultant's fees, witness' fees and mileage, costs of discovery, costs of depositions, and costs of service of process if such costs were necessary disbursements for preparing and proceeding with a hearing on the citation. Determination of the appropriateness of an award of costs lies within the discretion of the Appeals Board. Where a citation covers more than one item, costs shall be apportioned to each item.

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Section 149.5, Labor Code.

HISTORY

1. Amendment filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23).

2. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84,No. 5).

§397. Petition for Costs Procedures.

Note • History

(a) Any employer who appeals a citation resulting from an inspection or investigation conducted on or after January 1, 1980, issued by the Division for violation of an occupational safety and health standard, rule, order, or regulation established pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code may file a petition for costs together with a memorandum of items of cost with the Appeals Board to claim reasonable costs, not to exceed five thousand dollars ($5,000) in the aggregate per citation if either the employer prevails in the appeal or the citation is withdrawn, and the employer alleges that the issuance of the citation was the result of arbitrary or capricious action or conduct by the Division. The burden of proof shall be on the employer to establish by a preponderance of the evidence that the issuance of the citation was the result of arbitrary or capricious action or conduct by the Division.

(b) The procedures are:

(1) If an employer who appeals a citation prevails in the appeal of the citation or the citation is withdrawn and the employer wishes to claim reimbursement for reasonable costs alleging that the issuance of the citation was the result of arbitrary or capricious action or conduct by the Division, the employer shall file a petition for costs together with a memorandum of items of cost with the Appeals Board. The petition must be filed not more than 60 days after the filing of a final decision granting the Division's motion or petition to withdraw the citation, or a final decision granting the appeal. A petition for costs shall be deemed filed on the date it is delivered or mailed to the Appeals Board in Sacramento, California. A petition for costs shall set forth specifically and in full detail the grounds upon which the employer's claim is made and identify the particular item or items of the citation for which the petition for costs is being filed. A petition for costs shall be verified upon oath in the manner required for verified pleadings in courts of record.

(2) Upon receipt of a petition for costs, the Appeals Board shall enter a petition number on the petition and serve a copy on the Division. The Division shall have 30 days from the service of a petition for costs to file a response with the Appeals Board.

(3) The Appeals Board shall review the petition for costs, and the response, if any, and shall by order or notice exercise one of the following three options:

(A) The petition for costs may be summarily dismissed if no grounds are set forth or there are insufficient facts alleged to establish that the citation was issued as a result of arbitrary or capricious action or conduct by the Division. The employer may file a petition for reconsideration of the cost order denying the petition for costs within 30 days after issuance of a cost order. Petitions for reconsideration and answers, if any, shall be in conformity with Article 5 of these rules, or

(B) The petition for costs may be granted by a cost order and costs may be awarded if from a review of the petition for costs and the response submitted, if any, it is established that the Division issued a citation as the result of arbitrary or capricious action or conduct. The Division and the employer shall have the right to file a petition for reconsideration of the cost order granting the petition for costs within 30 days after service of such an order. Petitions for reconsideration and answers, if any, shall be in conformity with Article 5 of these rules, or

(C) If a review of the petition for costs and response, if any, establishes that a factual dispute exists, the matter shall be set for hearing. Parties shall receive not less than 15 days notice of hearing.

(4) If a hearing is ordered, the Division and employer shall have their cases prepared, discovery completed and be ready to proceed at the time of hearing. Ten calendar days before the time of hearing, an employer may file with the Appeals Board and the Division a supplemental memorandum of costs setting forth necessary disbursements claimed. When a party desires to present any point which requires a consideration of a prior hearing record, the party shall, prior to the hearing, request and pay the cost of preparing the prior hearing record.

(5) A hearing shall be conducted in accord with these rules.

(6) A cost decision shall be filed as provided in Section 385. A copy of the cost decision with a summary of the evidence received and relied upon and the reasons or grounds upon which the decision was made shall be mailed or served on each party or his representative together with a statement informing the parties of the right to petition the Appeals Board for reconsideration of the cost decision within 30 days after the service of the cost decision. Petitions for reconsideration and answers, if any, shall be in conformity with Article 5 of these rules.

NOTE

Authority cited: Section 148.7, Labor Code. Reference: Section 149.5, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23).

2. Amendment of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

3. Amendment of subsection (b)(3) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

Appendix A and Appendix B

NOTE

Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. New Appendix A and B filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23).

2. Repealer of Appendix A and B filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

Chapter 3.5. Occupational Safety and Health Standards Board

(Originally Printed 1-26-74)

Subchapter 1. Rules of Procedure for Permanent Variances and Appeals from Temporary Variances

Article 1. General

§401. Location of Principal Office.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. New Chapter 3.5 (Sections 401-427, not consecutive) filed 1-24-74 as an emergency; effective upon filing (Register 74, No. 4).

2. Certificate of Compliance filed 4-26-74 (Register 74, No. 17).

3. Repealer of Chapter 3.5 (Sections 401-427, not consecutive) and adoption of Chapter 3.5 (Sections 401-428, not consecutive) filed 5-31-74; effective thirtieth day thereafter (Register 74, No. 22).

4. Repealer of Chapter 3.5 (Sections 401-427, not consecutive) and adoption of Chapter 3.5 (Sections 401-428, not consecutive) refiled 6-7-74; effective thirtieth day thereafter (Register 74, No. 23).

5. Repealer filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

6. Amendment of subchapter heading filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§402. Tenses, Gender and Number.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 10-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 43).

3. Editorial correction of printing error in History 1 (Register 94, No. 2).

§403. Definitions.

Note • History

For the purpose of these rules:

(a) “Standards Board” or “Board” means the Occupational Safety and Health Standards Board; except that wherever the words “Standards Board” or “Board” alone are used, the power to act may be delegated by the Board and whenever the words “Board itself” are used, the power will be exercised by the Board acting through a quorum of its members;

(b) “Chairperson” means the member of the Standards Board designated by the Governor to hold the office of chairperson;

(c) “Hearing Officer” means any person appointed by the Standards Board to preside over any variance or appeal from a temporary variance hearing or to hear and determine any such matter within the jurisdiction of the Standards Board;

(d) “Department” means the Department of Industrial Relations;

(e) “Division” means the Division of Occupational Safety and Health;

(f) “Appeals Board” means the Occupational Safety and Health Appeals Board;

(g) “Code” means the Labor Code;

(h) “Rule” means any section set forth in this subchapter adopted by the Standards Board;

(i) All terms which are defined in the code shall be construed as defined therein.

(j) “Representative” means any person, including an authorized employee representative, authorized by a party or intervenor to represent the party or intervenor in a proceeding. Unless the context otherwise requires the term “representative” is included in the words “appellant,” “party,” “petitioner,” “employer” or “employee.”

(k) “Authorized employee representative” means a labor organization which has a collective bargaining relationship with an employer and which represents affected employees or an employee organization which has been formally acknowledged by a public agency as an employee organization that represents employees of the public agency.

(l) “Affected Employee” means an employee of the employer seeking the variance who is exposed, as a result of his/her assigned duties, to the condition or hazards covered by the standard from which the variance is sought.

(m) “Proceeding” means any proceeding before the Standards Board or before a hearing officer relating to a permanent or interim variance or appeal from a temporary variance.

(n) “Employer” means (1) the State and every State agency; (2) each county, city, district and all public and quasi-public agencies therein; (3) every person, including any public service corporation which has any natural person in service; (4) any Conveyance Owner as defined in subsection (o); and (5) any employer who employs “affected employees” as defined by Rule 403(l).

(o) “Conveyance Owner” means a person or entity that has custody of a conveyance covered by the Elevator Safety Orders, or that owns property on or in which such a conveyance is to be installed.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143 and 143.2, Labor Code.

HISTORY

1. Amendment of subsections (c), (e) and (m) filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations amending subsections (b), (j) and (l) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment of subsections (a) and (n), new subsection (o) and amendment of Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§404. Computation of Time.

Note • History

In computing the time within which any act must be performed, “days” shall refer to calendar days. The first day shall be excluded and the last day shall be included. If the last day is a Saturday, Sunday or holiday, the required act must be performed by the following Monday, or if that Monday is a holiday, by the next day that is not a holiday.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143 and 143.2, Labor Code; and Sections 12 and 12a, Code of Civil Procedure.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section and Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§404.1. Late Filing.

Note • History

Unless otherwise specified in the code, the time for filing any application, appeal, petition, answer, pleading, brief, or other document to the Standards Board may be extended or a late filing permitted upon a showing of good cause.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6455, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

§405. Hearing Officers.

Note • History

All hearings of the Standards Board relating to permanent or temporary variances shall be conducted by hearing officers on the staff of the Appeals Board or appointed by the Standards Board.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

§405.1. Authority of Hearing Officers.

Note • History

(a) Every hearing in a variance or appeal from a temporary variance proceeding shall be presided over by a hearing officer.

(b) When the Standards Board or a hearing panel hears the matter, the hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the Board or panel on matters of law; the Board or panel shall exercise all other powers relating to the conduct of the hearing but may delegate all or any of them to the hearing officer. When the hearing officer alone hears a matter, the hearing officer shall exercise all powers relating to the conduct of the hearing.

(c) A hearing officer or Standards Board member shall voluntarily disqualify himself/herself and withdraw from any case in which he/she cannot accord a fair and impartial hearing or consideration.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.1, 143.2 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsections (b) and (c) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment of subsection (b) and amendment Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§405.2. Standards Board Records Not Subject to Subpoena.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 10-22-82 by OAL pursuant to Government Code section 11349.7(j) (Register 82, No. 43).

3. Editorial correction of printing error in History 2 (Register 94, No. 2).

§406. Party Status.

Note • History

(a) Affected employees and/or an authorized employee representative may elect to participate as parties at any time before the commencement of the hearing, unless, for good cause shown, the Standards Board allows such election at a later time.

(b) The Division shall be deemed a party to all variance proceedings before the board, whether or not the division has appeared or participated in the proceeding and shall be entitled to receive the same service and notice as any other party.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1, 143.2 and 147, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of subsection (a) filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

§406.1. Intervention; Appearance by Nonparties.

Note • History

(a) A petition for leave to intervene may be filed at any stage of a proceeding before commencement of the hearing.

(b) The petition shall set forth the interest of the petitioner in the proceeding and show that the participation of the petitioner will assist in the determination of the issues and questions, and that the intervention will not unnecessarily delay the proceeding.

(c) The Standards Board may grant a petition for intervention to such an extent and upon such terms as the board shall determine.

(d) Any person whose petition for intervention has been granted shall be entitled to all notices to which parties are entitled.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

§407. Service and Notice.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1 and 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§407.1. Proof of Service by Parties.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1 and 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§407.2. Responsibilities of Employers to Notify Employees of Proceedings.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1 and 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§407.3. Responsibilities of Employees to Notify Employers and Other Employees of Proceedings.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 6455, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

Article 2. Applications for Permanent Variances and Appeals from Temporary Variances

§411. Applications for Permanent Variances.

Note • History

(a) Any Employer desiring a permanent variance from an occupational safety or health standard, regulation or order contained in California Code of Regulations, Title 8 shall file a written application for a variance, submitted under penalty of perjury, with the Standards Board.

Note: See Rule 403(n) for definition of Employer.

(b) Six copies of the application for variance shall be submitted and shall include:

(1) The name and address of the Employer;

(2) The address(es) where the variance will be in effect;

(3) A description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the Employer to provide health and safety equal or superior to that provided by the regulations;

(4) A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide health and safety equal or superior to that provided by the regulation from which a variance is sought;

(5) A certification that the Employer will comply with the notification and posting requirements contained in Rules 411.2 and 411.3 below;

(6) A specification of the Title 8 regulation from which the permanent variance is sought, including the appropriate subsections, if applicable;

(7) A statement of whether or not an appeal has been filed or is pending with the Occupational Safety and Health Appeals Board relative to the same safety order, including the Occupational Safety and Health Appeals Board docket number.

(8) A statement estimating the number of witnesses to be called by the Employer at the hearing and of the amount of time the Employer will require to present its case at the hearing; and

(9) Six copies of any photographs, blueprints or other illustrative materials submitted to document or clarify the application.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.1, 143.2 and 146, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (a)(5) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error in subsection (a) (Register 94, No. 2).

4. Amendment of article heading, section heading and section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§411.1. Denial of Defective Application for Permanent Variance.

Note • History

An application for permanent variance that fails to comply with rule 411 shall not be docketed or considered by the Board. Employers shall be advised of the application's defective areas and requested to correct or resubmit the application in accordance with the Board Rules. Failure to correct or resubmit the application in accordance with the Board Rules within 60 days shall result in automatic denial of the application. A denial of the application pursuant to this Rule shall be without prejudice to the filing of another application.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section heading and section filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

§411.2. Compliance with Notification and Posting Requirements Regarding Variance Proceedings and Temporary Variance Appeals.

Note • History

The notification and posting requirements contained in Sections 411.3 and 412.2 shall be satisfied as follows:

(a) Notification to a party who has appeared through a representative shall be made through such representative. Notification to an authorized employee representative shall be in addition to providing notice to the affected employees.

(b) Unless otherwise ordered, notification may be provided by postage-prepaid first class mail or by personal delivery. Notification is deemed effective at the time of mailing or personal delivery.

(1) Affidavit of service;

(2) Written statement endorsed upon the document served and signed by the party making the statement; or

(3) Letter of transmittal.

(d) Proof of notification or posting shall be submitted to the Board no later than the second working day following the posting or notification.

NOTE

Authority cited: Sections 143.2 and 6457, Labor Code. Reference: Sections 143, 143.2 and 6457, Labor Code.

HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2). For prior history, see Register 2002, No. 27.

§411.3. Employer Posting and Notification Responsibilities.

Note • History

Regarding Variance Proceedings and Temporary Variance Appeals.

(a) Employers shall post a copy of the following documents at the place(s) where notices to employees are usually posted. In lieu of posting, Conveyance Owners shall immediately provide copies of these documents to the building maintenance provider and to the maintenance provider for the conveyance.

(1) The docketed variance application or temporary variance appeal, or a statement giving a summary of the application or appeal that specifies where a copy may be examined. This posting shall occur immediately upon the Employer's receipt of the notice indicating that the variance application or appeal has been docketed.

(2) A notice contained in the application, or provided as a separate document but posted simultaneously with the application, informing affected employees of their right to:

(A) party status and to participate in the variance proceedings;

(B) inspect and copy all pleadings at a reasonable time; and

(3) A copy of the notice of hearing, which shall be posted immediately upon its receipt.

Exception: If the variance or appeal pertains to an elevator, escalator or other conveyance covered by the Elevator Safety Orders that is in a building that is under construction or otherwise unoccupied, and neither a maintenance provider for the conveyance nor a building maintenance provider has been retained or designated, the Conveyance Owner shall attest to these facts in its application. If a conveyance maintenance and/or building maintenance provider is retained or designated after the variance or appeal is requested, but before a hearing is held, the Conveyance Owner shall immediately comply with this section and shall inform the Board, in writing, of the actions taken to comply.

(b) In addition to complying with subsection (a), Employers shall provide any authorized employee representative with the following documents immediately upon their receipt:

(1) a copy of the docketed variance application or temporary variance appeal;

(2) a copy of the notice set forth in (a)(2);

(3) a copy of the notice of hearing.

(c) Where posting is required, such posting shall be maintained until the commencement of the hearing or until earlier disposition of the variance request or appeal.

NOTE

Authority cited: Sections 143.2 and 6457, Labor Code. Reference: Sections 143, 143.2 and 6457, Labor Code.

HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2). For prior history, see Register 2002, No. 27.

§411.4. Notice of Denial of Interim Variance.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

§412. Appeals from Temporary Variances.

Note • History

(a) Any employer or other persons adversely affected by the granting or denial of a temporary variance by the Division may appeal the Division's decision to the Board.

(b) Such appeal from a temporary variance shall be in writing and shall include:

(1) The name and address of the appellant;

(2) The address of the place or places of employment involved;

(3) A specification of the temporary variance in question and of the standard or portion thereof from which the variance was allowed or denied and the grounds upon which it is based; and

(4) A statement of facts which shows that the appellant is either the affected employer or is a person adversely affected by the granting or denial of the temporary variance.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 6455, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Editorial correction of printing error in subsection (a) (Register 94, No. 2).

§412.1. Correction of Defective Appeal from a Temporary Variance.

Note • History

If any variance appeal fails to state the grounds upon which it is based, the appellant shall be notified that it does not comply with the Standards Board rules and shall be granted fifteen days after the date of mailing of such notice within which to file an amended appeal. If within the time permitted the appellant fails to amend the appeal to conform with rule 412 the appeal shall be dismissed.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. Amendment of section heading filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error (Register 94, No. 2).

§412.2. Notification Requirements for Employees Appealing Temporary Variances.

Note • History

(a) Where an affected employee or an authorized employee representative appeals the granting or denial of a temporary variance, the employee or representative shall provide the Employer with a copy of the appeal for posting in the manner prescribed in Rule 411.3.

(b) An authorized employee representative who appeals the granting or denial of a temporary variance shall be responsible for serving any other authorized employee representative whose members are affected employees.

NOTE

Authority cited: Sections 143.2 and 6457, Labor Code. Reference: Sections 143, 143.2 and 6457, Labor Code.

HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

Article 3. Prehearing Proceedings

§415. Referral of Variance Applications and Temporary Variance Appeals to the Division.

Note • History

(a) Applications for variances and appeals from temporary variances relating to occupational safety and health standards filed with the Board in proper form will be promptly referred to the Division for evaluation.

(b) Hearings on applications for variances and appeals will be scheduled so that the Division's evaluation report will be available for presentation at the hearing.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 147, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section heading and section filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

§416. Publication of Variance Applications.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.1, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 7-7-87; operative 8-6-87 (Register 87, No. 29).

§417. Assignment to Hearing Panels.

Note • History

(a) The chairperson may assign variance proceedings before the board to a hearing panel consisting of one or more members for hearing and preparation of a proposed decision in such form that it may be adopted as the decision in the case. Assignments by the chairperson of members on such hearing panels shall be rotated among the members with the composition of the members so assigned being varied and changed to assure that there shall never be a fixed and continued composition of members.

(b) A variance proceeding shall be heard and decided by the Standards Board itself at the request of any two members of the Standards Board.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

§417.1. Objection to Hearing Panel or Hearing Officer or Board Member.

Note • History

(a) Any party may request, in writing, that a variance proceeding be heard by the board itself rather than by a hearing panel. Such a request must be accompanied by a showing of good cause and may be granted or denied at the discretion of the chairperson. The request must be made prior to, or upon receipt of, the notice of hearing and at least ten working days prior to the scheduled hearing date. Failure to provide a timely request will be sufficient grounds for denying the request. The hearing shall not be held until a determination is made on the party's request.

(b) Disqualification of Hearing Officer or Standards Board Member.

(1) Any party may request the disqualification of any hearing officer and/or Standards Board member by filing an affidavit, at least ten working days prior to the scheduled hearing date, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded.

(2) The name of the hearing officer and the hearing panel members shall be included in the notice of hearing served on all parties. If any change is made to the hearing panel and/or hearing officer assignments subsequent to service of the notice of hearing, the parties, whenever possible, shall be notified of such changes. If the parties are notified of such changes less than ten working days before the scheduled hearing, a party wishing to request a disqualification must make the request as soon as it learns of the new assignment(s). Under such circumstances, the request initially may be made orally, including by telephone, and shall be made to the board before the hearing is convened whenever possible. The request shall then be submitted in writing, in accordance with subsection (b)(1), as soon as possible, and no later than ten working days after the oral request is made. If the request to change the hearing panel and/or hearing officer assignments cannot be made prior to the beginning of the hearing because the parties were not notified of such assignments, or not notified in a timely manner, the request shall be made prior to the taking of evidence at the hearing. If an oral request is made on the record at the hearing and is fully explained at that time, a written request need not be submitted.

(3) The request to disqualify the hearing officer and/or a Standards Board member shall be determined by the Standards Board. In the case of a request to disqualify a Standards Board member, the individual member named in the request shall not participate in the disqualification decision pertaining to him or her.

(4) If a request to disqualify is made prior to the hearing being convened, the hearing shall not begin until a determination has been made on the party's request. If a party is unable to make its request prior to the convening of the hearing because it was not timely notified of the hearing panel and/or hearing officer assignments, the hearing will be held for the sole purpose of allowing the party to state its request on the record. The remainder of the hearing will be postponed until a determination on the request has been made.

(5) Failure to make a request to disqualify in accordance with the time specifications in this subsection is sufficient grounds for denying the request.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143 and 143.2, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (a) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment filed 5-22-2000; operative 6-21-2000 (Register 2000, No. 21).

§417.2. Merger of Successive Variance Applications or Appeals.

Note • History

If, at the time any variance application or appeal is filed, one or more prior applications or appeals by or involving the same employer and involving the same or similar issues have not been decided by the board or a hearing officer, such prior applications or appeals may, upon notice to the parties, be deemed merged into the last application or appeal filed, and the Standards Board may issue a single decision.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

§417.3. Withdrawal of Variance Applications and Temporary Variance Appeals.

Note • History

(a) A variance application or appeal may only be withdrawn by written request and before a final decision is issued by the Board. If such request is made, the Board shall issue a decision dismissing the appeal or application.

(b) A variance application or appeal so dismissed shall be reinstated by the board if the party files a written petition and shows therein that the request for withdrawal resulted from misinformation given by the Division, Appeals Board or Standards Board or from fraud or coercion. Any petition for reinstatement shall be made within 60 days after personal service or mailing of the decision dismissing the variance application or appeal, or, in the event of fraud, within 60 days after discovery of such fraud.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Editorial correction of printing error in subsection (b) (Register 94, No. 2).

3. Amendment of section heading and subsection (a) filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

§417.4. Dismissal of Late Appeals.

Note • History

If any appeal is not filed within the time permitted by the code or these rules, the board shall issue a decision dismissing the appeal unless the appellant shows good cause for late filing. If good cause is shown, the appeal shall be decided on the merits.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6455, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

§417.5. Dismissal of Variance Applications.

Note • History

If an Employer fails to pursue its variance application after the application is docketed, or causes significant delay in the processing of its application, the Board will provide the Employer with written notice of the Board's intent to dismiss the application. Unless the Employer responds to the notice within 30 days from the date of service, and subsequently assists in the processing of the variance application, the Board may dismiss the application without prejudice.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143 and 143.2, Labor Code.

HISTORY

1. New section filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

§418. Pre-Hearing Requests for Action.

Note • History

All requests for action by the Standards Board relating to any proceeding pending before the Board shall be made in writing and directed to the hearing officer assigned to the matter, or to the executive officer if a hearing officer has not been assigned. Each written request shall contain the variance docket number and shall indicate the type of relief sought. If a hearing officer has been assigned, the hearing officer may resolve such requests without the Board's involvement.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143 and 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section heading, section and Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

§419. Consolidation of Proceedings.

Note • History

Any number of proceedings may be consolidated for hearing or decision when the facts and circumstances are similar and no substantial right of any party will be prejudiced.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

§420. Pre-Hearing Conference.

Note • History

(a) At any time before a hearing, the Standards Board or the hearing officer may, on its own initiative, or at the request of a party, direct the parties or their representatives to exchange information or to participate in a pre-hearing conference for the purpose of considering matters which will tend to simplify the issues or expedite the proceedings. If a hearing officer has been assigned, the hearing officer may resolve such requests without the Board's involvement.

(b) The Standards Board or the hearing officer may issue a prehearing order which includes the agreements reached by the parties. Such order shall be served on all parties and shall be a part of the record.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143 and 143.2, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section heading, section and Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

Article 4. Hearings and Decisions

§421. Time and Place of Hearing.

Note • History

(a) Variance appeals from temporary variances shall be given scheduling priority over variance applications.

(b) Applications for variances shall be scheduled for hearing as soon as practicable after receipt.

(c) Except as hereinafter provided, the Standards Board may set the time and place of hearing at its principal office or at another location designated by the Board that is more convenient for the applicant.

(d) Where, because of the distance involved or for other reasons, it is impractical for parties and their witnesses to appear at the same place of hearing, a videoconference hearing may be scheduled.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2, 147 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of subsections (c) and (d) filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§422. Witnesses and Subpoenas.

Note • History

(a) A party shall arrange for the presence of his/her witnesses at a hearing in a variance proceeding.

(b) A subpoena may be issued by the Standards Board or a hearing officer on the board's or hearing officer's own motion.

(c) A subpoena to compel the attendance of a witness shall be issued by the hearing officer upon request made by a party and a showing of the need therefor.

(d) An application for subpoena duces tecum for the production by a witness of books, papers, correspondence, memoranda, or other records, including records of the Division, shall be made by affidavit to the hearing officer and shall give the name and address of the person to be subpoenaed, shall describe the matters or things desired to be produced and show the materiality thereof to the issues involved in the proceeding and that, to the best of the applicant's knowledge, the witness has such matters or things in his/her possession or under his/her control.

(e) If the hearing officer finds that the affidavit is complete and supports the application for the subpeona duces tecum, the hearing officer shall issue the requested subpoena.

(f) Each party shall arrange for the service of all subpoenas, including subpoenas duces tecum, issued to the party. A copy of the affidavit for subpoenas duces tecum shall be served with such subpoena.

NOTE

Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143.2 and 6457, Labor Code; and Section 11450.20, Government Code.

HISTORY

1. Amendment of subsection (d) filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsections (a), (d) and (e) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error in subsection (e) (Register 94, No. 2).

4. New subsection (e), subsection relettering, amendment of newly designated subsection (f) and amendment of Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§422.1. Confidential Evidence.

Note • History

(a) Any exhibit or evidence that contains, or that might reveal, a trade secret as defined in Civil Code Section 3426.1 shall be considered confidential. The Board shall take such appropriate action that is within its control to protect the confidentiality of trade secrets.

NOTE

Authority cited: Section 143.2, Labor Code; and Section 6254(k), Government Code. Reference: Sections 143.2 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsections (a) and (b) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment of section heading, repealer and new section and amendment of Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§423. Conduct of Hearing.

Note • History

(a) Testimony shall be taken only on oath, affirmation, or penalty of perjury.

(b) Each party shall have these rights: To call and examine parties and witnesses; to introduce exhibits; to question opposing witnesses and parties on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her.

(c) The Standards Board members or hearing officer may question any party or witness and may admit any relevant and material evidence.

(d) The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall explain the issues and the order in which evidence will be received.

(e) The hearing shall be conducted in the English language. On the notice of hearing the Board shall notify each party of the right to an interpreter. A party or a party's witness who does not proficiently speak the English language shall be provided an interpreter if a request for language assistance is provided to the Board at least ten working days prior to the date of the hearing. A party may provide its own interpreter, if the interpreter is approved by the hearing officer as proficient in the English language and the language in which the witness will testify. The hearing officer shall approve any person whose name appears on the current list of interpreters published by the State Personnel Board. The interpreter shall not have any involvement in the issues of the case prior to the hearing.

(f) The cost of the interpreter shall be paid by the Standards Board if the hearing officer so directs, otherwise by the party requiring the interpreter. This determination shall be made consistent with Government Code Section 11435.25(b).

NOTE

Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143.2 and 6457, Labor Code; and Sections 11425.10, 11435.15, 11435.20, 11435.25, 11435.30, 11435.55, 11435.60 and 11435.65, Government Code.

HISTORY

1. Amendment of subsection (e) filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (b) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error in subsection (d) (Register 94, No. 2).

4. Amendment of subsections (e) and (f) and amendment of Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§424. Evidence Rules.

Note • History

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 146 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

§424.1. Official Notice.

Note • History

(a) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any generally accepted technical or scientific matter within the field of occupational safety and health, and determinations, rulings, orders, findings and decisions, required by law to be made by the Division, the Appeals and the Standards Board.

(b) The Standards Board shall take official notice of those matters set forth in Sections 451 and 452 of the Evidence Code.

(c) Each party shall be given reasonable opportunity to present information relevant to (1) the propriety of taking official notice, and (2) the tenor of matters to be noticed.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 451 and 452, Evidence Code; and Sections 143.2 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Editorial correction of printing error in subsection (a) (Register 94, No. 2).

3. Amendment of section heading and amendment of subsections (b) and (c) filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§424.2. Continuance of Hearings and Further Hearings.

Note • History

(a) The Standards Board may continue a hearing to another time or place on its own motion or may order further hearing on a matter at any time prior to the issuance of the Board's decision. Written notice of the time and place of the continued hearing shall be in accordance with Rule 411.2.

(b) Any party may request a continuance or further hearing, but such requests are disfavored and shall only be granted upon a clear showing of good cause. The parties are expected to submit for decision all matters in controversy and all necessary evidence at a single hearing.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§424.3. Representation at Hearing.

Note • History

(a) Employers must attend the variance hearing, either in person or through a representative. The representative does not need to be an attorney-at-law.

(b) A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding.

(c) Affected employees who are represented by an authorized employee representative may appear through such authorized employee representative.

(d) Withdrawal of appearance of any representative may be effected by filing a written notice of withdrawal with the Board.

(e) The Standards Board or hearing officer may refuse to allow any person to represent a party in any hearing when such person engages in unethical conduct or intentionally fails to observe the provisions of the code, proper instructions or orders of the Standards Board or these rules.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.1, 143.2, 146 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of subsections (a) and (d) filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§424.4. Exclusion of Witnesses.

Note • History

Upon a demonstration of good cause by any party, the Standards Board, in its discretion, may exclude from the hearing room any witnesses not under examination at this time; but a party to the proceeding, and the party's counsel or representative cannot be excluded.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (b) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error (Register 94, No. 2).

4. Amendment filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§424.5. Oral Arguments and Briefs.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§425. Judicial Enforcement.

Note • History

(a) If any witness refuses to attend or testify or produce any papers required by a subpoena issued by the Standards Board, any party may file with the board a petition for judicial enforcement. The petition shall be verified and shall set forth that due notice of time and place of attendance of the person or the production of the papers has been given, that the person has been subpoenaed in the manner prescribed by law or these rules and that he/she has failed and refused to attend or produce the papers required by subpoena before the officer in the case or proceeding named in the subpoena, or has refused to answer questions propounded to him/her in the course of the hearing.

(b) If the Standards Board determines that judicial enforcement is appropriate it will petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and testify or produce the papers pursuant to Government Code Sections 11186 through 11188, inclusive.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code; and Sections 11186-11188, Government Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (a) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing errors in subsection (b) and History 1 (Register 94, No. 2).

§425.1. Witness Fees.

Note • History

Witnesses subpoenaed for any hearing are entitled to fees and mileage as set forth in Sections 11450.40 and 68093 of the Government Code.

NOTE

Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143.2 and 6457, Labor Code; and Sections 11450.40 and 68093, Government Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section and Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§425.2. Failure to Appear.

Note • History

(a) Where it appears on record that a party was served with notice of hearing, but fails to appear at such hearing, either in person or by representative, the Standards Board may take the proceeding off calendar; may, after notice, dismiss the proceeding; or may hear the evidence from any party that attends the hearing and, after notice, make such decision as is just and proper.

(b) Any proceeding may be reinstated by the Board, at its discretion, if a non-appearing Employer submits to the Board, in writing, a reasonable explanation for the Employer's failure to appear at the hearing. The explanation must be submitted within ten days after service of the notification of intent to dismiss.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section heading and section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§426. Decision; Action on Proposed Decision.

Note • History

(a) A variance hearing may be held before the Standards Board itself, a hearing panel or a hearing officer. If a proceeding is heard before the Standards Board itself or a hearing panel, the hearing officer, if requested, shall assist and advise them. Where a proceeding is heard before the Standards Board itself, no member of the Board who did not hear the evidence shall vote on the decision.

(b) If a proceeding is heard by a hearing panel or a hearing officer, the panel or hearing officer shall prepare a proposed decision in such form that it may be adopted by the Board as the decision in the proceeding. The proposed decision shall be a public record and a copy of the proposed decision shall be served by the Standards Board on each party. The Board may adopt the proposed decision or decide the case itself as provided in subdivision (c) below.

(c) If the proposed decision is not adopted as provided in subdivision (b), the Standards Board itself may decide the case upon the record, with or without taking additional evidence, or may refer the case to a hearing panel or hearing officer to take additional evidence.

(1) If the case is assigned to a hearing panel or hearing officer, the hearing panel or hearing officer shall prepare a proposed decision as provided in subdivision (b) based on the additional evidence and the record of the prior hearing. A copy of the proposed decision shall be furnished to each party as prescribed in subdivision (b).

(2) If the case is heard by the Standards Board itself, and the Board chooses to take additional evidence, the parties shall be afforded the opportunity to present either oral or written argument before the Board itself. If additional oral evidence is introduced before the Board itself, no Board member may vote unless the member heard the additional oral evidence.

NOTE

Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143, 143.2 and 6457, Labor Code; and 11425.10, Government Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (d) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment of section and Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§426.1. Form of Decision.

Note • History

(a) The decision shall be in writing and shall contain findings of fact, the reasons for decision, and the decision. A copy of the decision shall be mailed to or served on each party or his/her representative.

(b) Any decision in a variance proceeding may be made subject to any reasonable conditions.

(c) After a decision or proposed decision has been mailed or served it shall not be changed except to correct clerical errors, in which case a corrected decision or proposed decision shall be prepared and mailed or served.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.2, 146 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (a) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

§426.2. Notice of the Granting of a Permanent Variance or Variance Appeal.

Note • History

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.2 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Repealer filed 7-7-87; operative 8-6-87 (Register 87, No. 29).

§427. Petitions for Re-Hearing.

Note • History

(a) Petition for re-hearing may be filed by any party with the Standards Board within twenty (20) days after service of the decision upon the following grounds and no other:

(1) that the Standards Board acted without or in excess of its power;

(2) that the decision was not supported by substantial evidence; or,

(3) that the decision was contrary to law.

(b) Failure to file a petition for re-hearing within twenty days shall constitute valid grounds for denying the petition.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1, 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. New subsection (b) filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§427.1. Form of Petition for Re-Hearing.

Note • History

(a) The petition for re--hearing shall state in detail the factual or legal basis for granting the petition for re-hearing.

(b) The petition for re-hearing shall be denied if it only states the permissible grounds for re-hearing contained in Rule 427, unsupported by specific references to the record and an explanation of the petitioner's position.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1, 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Editorial correction of printing error in History 1 (Register 94, No. 2).

3. New subsection (a) designator and new subsection (b) filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§427.2. Service of Petition for Re-Hearing.

Note • History

The Board shall serve copies of the petition for re-hearing on all parties and interveners who have joined in the proceeding at the time that the petition is filed with the Standards Board.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1, 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section heading and section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§427.3. Re-Hearing.

Note • History

(a) If a petition for re-hearing is submitted to the Board in a timely fashion, the Board may;

(1) grant the petition;

(2) affirm the Board initial decision on the variance;

(3) take no action on the petition, in which case it is deemed denied 30 days after receipt by the Board; or

(4) deny the petition and explain its basis for doing so.

(b) If the Board acts under subsection (a)(3), the Board shall notify the Employer of the denial after the 30 days have passed.

(c) If a re-hearing is granted, the Board may review the petition itself, or refer it to a hearing panel or hearing officer.

(d) The re-hearing may be based on the existing record, or the Board, hearing panel or hearing officer that hears the matter may request that additional testimony and/or written evidence be submitted.

(1) If further hearing is ordered, the Board shall issue a notice of hearing, and the Employer shall comply with the notification requirements contained in Rules 411.2(a)(3) and (b)(3).

(2) If the decision is to be based on the existing record, the Board may decide the matter without notice and without affording the parties further opportunity to testify or submit information.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1, 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§427.4. Decision on Petition for Re-Hearing.

Note • History

A decision issued on a re-hearing petition, shall be in the same manner and form as prescribed in Rule 426.1.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1, 143.2 and 6457, Labor Code.

HISTORY

1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

§428. Modifications to a Permanent Variance.

Note • History

(a) A variance is valid only for the Employer to whom it is issued and only for the locations specified in the variance. If an Employer transfers ownership of the business to a different entity, the variance does not transfer to the new Employer.

(b) An Employer must seek to modify a variance if:

(1) the Employer wants to change the terms or conditions of an existing variance;

(2) the Employer wants to acquire the variance from the Employer to whom it was issued; or

(3) the Employer wants to add to or change the locations listed in the existing variance.

(c) Employers seeking to modify a permanent variance must comply with Rules 411-411.2 and must include the docket number of the variance to be modified in the application. An Employer may satisfy 411(b)(3) and (4) by stating that it will comply with the conditions contained in the existing permanent variance that is subject to modification.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143(d), 143.2 and 6457, Labor Code.

HISTORY

1. New section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26). For prior history, see Register 87, No. 29.

Chapter 4. Division of Industrial Safety

Subchapter 1. Unfired Pressure Vessel Safety Orders

(Originally Printed 4-20-45)

GENERAL NOTE

These Unfired Pressure Vessel Safety Orders were promulgated and adopted by the Industrial Safety Board for inclusion in Title 8, California Administrative Code, as Safety Regulations as authorized by Division 5, Chapter 3, Section 6500 of the California Labor Code.

It has been determined that certain of these orders are also applicable as Building Standards and those Sections approved by the State Building Standards Commission have been included in Title 24, California Administrative Code. Those regulations that have been designated as Building Standards have been printed in italics.

Article 1. Scope of These Orders

§450. Application of the Unfired Pressure Vessel Safety Orders.

Note • History

(a) These Orders apply to places of employment in California, and establish minimum standards for:

(1) The design, construction, and installation of LP-Gas containers, including the storage and handling of LP-Gas. National Fire Protection Association (NFPA) 58, LP-Gas Code, 1998 Edition, is hereby incorporated by reference. Supplementing NFPA 58 are these Safety Orders, beginning with Sections 470 through 494, which are determined necessary for the protection of the safety and health of employees.

(2) The design and construction of all other non-LP-Gas unfired pressure vessels.

(3) The installation, use, repair, and alteration of air tanks, LP-Gas and NH3 tanks and systems.

(4) The inspection of and issuance of permits to operate for air and LP-Gas tanks.

(5) The design, construction, installation, use, repair, and alteration of pressure vessels for the storage and dispensing of natural gas as a motor fuel, except in vehicles that are licensed to travel on highways.

(6) The design, construction, repair and alteration of LNG, LPG and NH3 storage tanks for operation at 15 psig or less.

(b) After the date on which these Orders become effective, all installations and equipment shall conform to these Orders, except as noted in Section 451.

Exception: Existing installations and equipment which were and remain in compliance with the Safety Orders, or variances therefrom, in effect at the time of manufacture or installation.

(c) When any provision of these Safety Orders conflicts with NFPA 58 and is more stringent than the corresponding Section of NFPA 58, the Safety Order shall take precedence.

NOTE

Authority cited: Section 142.3 Labor Code; and Section 13241, Health and Safety Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Subchapter 1 and new Subchapter 1 (T8-450 through T8-467, 470 through T8-485, 488 through 494, T8-500 through T8-513, and T8-550) filed 7-17-70; effective thirtieth day thereafter (Register 70, No. 29). Approved by State Building Standards Commission 6-26-70. For prior history, see Registers 58, No. 38; 64, No. 9; and 68, No. 38.

2. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

3. Amendment of subsection (a) filed 3-29-74; effective thirtieth day thereafter (Register 74, No. 13).

4. Repealer of subsection (b) and new subsection (b) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

5. Amendment of subsection (b) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

6. New subsection (a)(6) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

7. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

8. Amendment of section and Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

9. Amendment of subsections (a)(1) and (a)(6)-(c) filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

§451. Unfired Pressure Vessels Not Subject to These Safety Orders.

Note • History

(a) Pressure vessels that are under the jurisdiction and inspection of the United States Government or are specifically exempted by the Labor Code.

(b) Pressure vessels subject to an internal or external pressure of not more than 15 psig except for those listed in Section 450(a)(5), with no limitation on size, and vessels having an inside diameter not exceeding 6 inches with no limitation on pressure. However, vessels excluded in this section shall be designed and constructed in accordance with recognized standards when applicable, or in accordance with good engineering practices for pressure vessel design using a factor of safety of at least 4, and shall be fitted with necessary controls and safety devices to permit safe operation.

(c) Natural gas vessels and installations and air brake tanks subject to the jurisdiction and inspection of the Public Utilities Commission, the Department of Transportation, or the Department of the California Highway Patrol, except as provided in Article 7 of these Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 7624, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsection (c) filed 3-29-74; effective thirtieth day thereafter (Register 74, No. 13).

3. Amendment of subsection (b) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

4. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

5. Amendment of Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

6. Amendment of subsection (c) filed 9-25-2002 as an emergency; operative 9-25-2002 (Register 2002, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-23-2003 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 9-25-2002 order, including further amendment of subsection (c), transmitted to OAL 1-17-2003 and filed 2-24-2003 (Register 2003, No. 9).

§452. Variances.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

2. Repealer filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

§453. Definitions.

Note • History

The following definitions shall apply in the application and interpretation of these Orders.

For definitions directly relevant to LP-Gas, see 1998 Edition of NFPA 58, Section 1-6.

49 CFR: Title 49, Code of Federal Regulations, Parts 100-199.

Acceptable: Capable of performing the particular function specified in the Order with safety.

Air Brake Tank: An air tank 10 inches or less in diameter, having a capacity of 1 1/2 cubic feet or less, and operating at 150 psig or less, and used exclusively to supply air to the braking systems of automotive vehicles and other air-operated auxiliaries used in the operation of such vehicles. The 150 psig limitation need not apply to tanks less than 6 inches in inside diameter.

Air Tank: A pressure vessel used for the storage or accumulation of air under pressure. This definition is not intended to include utilization equipment, including such devices as grease tanks, fire extinguishers, paint sprayers, etc., where the tank is partly filled with a product and the air pressure is used only for a cushion or to eject the product from the tank, or such devices as strainers, scrubbers, separators, etc., that are a part of the piping system.

Alteration: A change in any item described on the original Manufacturer's Data Report which affects the pressure capability of the pressure vessel.

ANSI Standards: Standards approved by the American National Standards Institute, Inc.

(A) Chemical Plant and Petroleum Refinery Piping, ANSI B31.3 (except non-metallic pipe such as plastic is not acceptable unless permitted by specific safety orders).

(B) Refrigeration Piping, ANSI B31.5.

Applicator Tank: A service tank used in agriculture for applying anhydrous ammonia to the soil, or for other agricultural uses.

Approved: See Section 3206, General Industry Safety Order.

Appurtenance: A device installed on and used in the normal operation of the vessel. This includes, but is not limited to, safety relief devices, liquid level gauging devices, valves, and pressure gauges.

Artificial Heat: Any heat other than solar or atmospheric heat.

ASME Code: The American Society of Mechanical Engineers' Boiler and Pressure Vessel Code.

(1) Power Boilers, Section I.

(2) Materials Specifications, Section II.

(3) Nuclear Power Plant Components, Section III, Division 1 and 2.

(4) Heating Boilers, Section IV.

(5) Non-destructive Examination, Section V.

(6) Recommended Rules for Care and Operation of Heating Boilers, Section VI.

(7) Recommended Rules for Care of Power Boilers, Section VII.

(8) Pressure Vessels, Section VIII, Division 1 and 2.

(9) Welding and Brazing Qualifications, Section IX.

(10) Fiberglass-Reinforced Plastic Pressure Vessels, Section X.

(11) Rules for Inservice Inspection of Nuclear Power Plant Components, Section XI.

(12) Power Piping, ASME B31.1 (except non-metallic pipe such as plastic is not acceptable unless permitted by specific safety orders).

(13) Pressure Vessel for Human Occupancy (PVHO), Safety Standard for Pressure Vessels for Human Occupancy.

ASTM: American Society for Testing Materials.

Brittle Failure: A pipe failure mode which exhibits no visible (to the naked eye) material deformation (stretching, elongation, or necking down) in the area of the break.

Bulk Plant:

NH3, CNG, and LNG: An installation other than a dispensing unit, used to store the product for further transfer.

Bulk Storage: Storage in vessels other than DOT cylinders.

California Standard Tank: A tank built in accordance with the requirements for California standard tanks as set forth in the Air Pressure Tank Safety Orders in force at the time the tank was constructed.

Capacity: The gross capacity of a pressure vessel in U.S. Gallons. See “Water Capacity.”

Certificate of Competency: Certification issued by the Division to persons who have satisfactorily passed the written boiler and pressure vessel inspector's examination prescribed by the Division.

Certificate of Resale Inspection: A certificate issued after a resale inspection and designating the maximum allowable working pressure for the tank when it is installed in compliance with these Orders. This certificate is not a permit to operate. This certificate shall expire not more than 5 years from date of inspection or when the tank is returned to service, whichever occurs first.

Certified Inspector: A person holding a valid certificate of competency issued by the Division in accordance with the Boiler and Fired Pressure Vessel Safety Orders.

CNG: Compressed natural gas. Natural gas that has been compressed for storage in containers.

Container Assembly: An assembly consisting essentially of the container and fittings for all container openings, including shutoff valves, excess flow valves, liquid-level gauging devices, safety relief devices, and protective housing.

Container: Any vessel, including tanks, cylinders, tubes, portable tanks and cargo tanks, used for transporting or storing any liquid or gas.

Dike: A concrete, metal, or compacted earth structure used to confine an accidental spill within an impounding area.

Dispensing Unit:

Natural Gas: A stationary natural gas installation other than a bulk plant from which CNG or LNG is dispensed into fuel tanks or portable cylinders from a storage tank, bank of cylinders, compressor, or a distribution gas pipeline.

Division: Division of Occupational Safety and Health.

DOT Service: Service in which a pressure vessel is used, inspected and maintained in accordance with DOT regulations.

DOT Specifications: Regulations of the Federal Department of Transportation published in 49 CFR Parts 100-199.

Ductile Failure: A pipe failure mode which exhibits material deformation (stretching, elongation, or necking down) in the area of the break.

Ductile Plastic Materials: Plastic materials able to withstand external impact from both blunt and sharp objects, while charged with compressed gas under the full rated pressure of the piping system, without brittle failure.

Existing Installations: All pressure vessels installed in California prior to the adoption date of these Orders and in compliance with applicable Safety Orders of the Division in effect at that time and that have not changed ownership and location since the adoption date of these Orders.

External Inspection: An inspection of all visible external surfaces and appurtenances of an installed pressure vessel.

Farm Cart: A vehicle for use on a farm on which is mounted a container of not over 1,200 gallons water capacity.

Field Inspection: An internal and/or external inspection of installed pressure vessels.

Fill, Filling:

(A) Filled by Pressure: A means of filling a pressure vessel whereby the quantity of compressed gas in the vessel at normal temperature is determined by a pressure gauge or gauges.

(B) Filled by Volume: A means of filling a tank or cylinder whereby the volume of liquid in the vessel is determined by measuring the liquid level.

(C) Filled by Weight: A means of filling a tank or cylinder whereby the amount of the product in the vessel is determined by weight.

Flammable Gas: A flammable gas is one with either of the following properties:

(A) At atmospheric pressure and temperature forms a flammable mixture with air when present at a concentration of 13 percent or less (by volume) or which forms a range of flammable mixtures with air wider than 12 percent regardless of the lower limit, or

(B) projects a flame more than 18 inches beyond the ignition source with valve opened fully, or the flame flashes back and burns at the valve with any degree of valve opening, when tested in the Bureau of Explosives' Flame Projection Apparatus.

Flammable Liquid: A flammable liquid is one that has a flash point above 20 degrees Fahrenheit to and including 80 degrees Fahrenheit as determined by Tagliabue's Open-Cup-Method. When the flash point is 20 degrees Fahrenheit or less it is termed an Extremely Flammable Liquid.

Gas: A form of matter having extreme molecular mobility and capable of diffusing and expanding rapidly in all directions.

Gas-Air Mixer: A device, or system of piping and controls, which mixes LNG vapor with air to produce a mixed gas of a lower heating value than the LNG.

GISO: Title 8, California Code of Regulations, Chapter 4, Subchapter 7, The General Industry Safety Orders.

Hazardous: A substance or circumstance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, or otherwise harmful is likely to cause injury.

Important Building: A building in which there may be a source of ignition under normal operating conditions.

Impounding Area: An area used to contain an accidental liquid spill through the use of dikes and/or topography.

Installation.

(A) CNG and LNG: Includes natural gas pressure vessels, liquefiers, pumps, compressors and all attached valves, piping and appurtenances affecting the safety of the employment or place of employment. When filling directly from distribution lines by means of a compressor, the installation includes the compressor and all piping and piping components beyond the shutoff valve between the distribution system and the compressor.

(B) NH3: Includes the pressure vessel and all attached valves and other appurtenances affecting the safety of the employment or place of employment.

Labeled: See “Approved.”

Listed: See “Approved.”

LNG: Liquefied Natural Gas. A fluid in the liquid state composed predominantly of methane and which may contain minor quantities of ethane, propane, nitrogen, or other components normally found in natural gas and in a cryogenic state.

Maximum Allowable Working Pressure: The pressure for which a tank was constructed, or if conditions have changed, the maximum pressure permitted at the last inspection by a certified inspector or qualified safety engineer.

Maximum Filling Density: The percent ratio of the weight of gas in the tank to the weight of water that the tank will hold. For determining the water capacity of the tank in pounds, the weight of a gallon (231 cubic inches) of water at 60 degrees Fahrenheit in air shall be 8.32828 pounds.

Metallic Hose: A hose in which the strength of the hose depends primarily upon the strength of metallic parts but it may have non-metallic liners and/or covers.

Mobile Fuel Tank: A vessel mounted on a vehicle or other readily portable device and used only to supply fuel to an internal-combustion engine or other equipment secured to the vehicle or device.

Mobile Storage Module: Assembly of a multiple number of tubes securely fastened within a framework structure and used in DOT service.

Mobile Storage Tank, MST: A tank installed on a trailer or semitrailer, and used temporarily to receive and store anhydrous ammonia. “Temporarily” means not more than 120 days.

Motor Fuel Tank: See Mobile Fuel Tank.

Natural Gas: Naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, either in gaseous or liquid form.

New Installations: All pressure vessels, other than existing installations, installed or reinstalled in a new location after the effective date of these Orders.

NH3: The chemical notation of anhydrous ammonia, a chemical compound composed of nitrogen and hydrogen. It is normally stored and transported as a liquid under pressure. However, in some large storage facilities it is refrigerated and stored at atmospheric pressure.

Nurse Tank: A tank used in agriculture for off-highway service to deliver NH3 from a transportation tank or storage tank to an applicator tank in the field.

Outage: That space required to be left in the vessel to provide for expansion of the liquid by an increase of temperature. For LNG outage is that space required to be left in vessels filled by volume to provide for separation of the vapors resulting from boil-off of the liquid and also to provide for the expansion of the liquid with increase of temperature.

Poison: A substance which when taken in small quantities or low concentrations by mouth, inhaled, or absorbed through the skin rapidly jeopardizes life by other than mechanical or physical action.

Portable Air Tank: An air tank mounted with an air compressor on a towed vehicle.

Portable LNG Tank: A service tank not exceeding 2,000-gallon water capacity used to transport LNG.

Portable NH3 Tank: A service tank not exceeding 1200-gallons capacity used to transport anhydrous ammonia.

Pressure Vessel: An unfired container, including cylinders, used for the storage or accumulation of any gas or liquid under pressure. This definition is not intended to include pressure chambers that are integral parts of such devices as pumps, motors, engines, clothes presses, flatwork ironers, tire molds, etc., where the pressure-containing part is subjected to severe mechanical stresses.

Property Line: A line, imaginary or otherwise, separating a property from adjoining property of public or private ownership.

Pull Away Device: A device installed and anchored so that any tension exceeding the manufacturer's rating on the hose will cause the device to separate and prevent the LP-Gas to escape from both the upstream and downstream lines.

Qualified Person, Attendant, or Operator. A person designated by an employer who by reason of training and experience has demonstrated the ability to safely perform his/her duties and, where required, is properly licensed in accordance with federal, state or local laws and regulations. Reference G.I.S.O. 3207.

Qualified Inspector: Either a certified inspector or a qualified safety engineer.

Qualified Safety Engineer: A person who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel was constructed, and who holds a valid certificate of competency issued by the Division.

Receiving Vessel: A tank or cylinder into which a product is being charged.

Resale Inspection: The inspection of any used vessel to determine its allowable working pressure when reinstalled in accordance with these Orders.

Respiratory Protective Device (RPD): A breathing device designed to protect the wearer from a hazardous atmosphere.

SAE: Society of Automotive Engineers.

Second-hand Pressure Vessel: A used pressure vessel that has changed both ownership and location.

Service Valve: A valve connected directly to a vessel outlet not larger than 3/4-inch pipe size and having an inlet diameter not exceeding the internal diameter of 1/2-inch Schedule 80 pipe for applications other than LP-Gas.

Shop Inspection: Inspection of tanks in a fabricator's shop, or at the job site during erection, as required by the ASME Code.

Standard Dimension Ratios (SDR): A specific ratio of the average specified outside diameter to the minimum specified wall thickness (Do/t) for outside diameter-controlled plastic pipe, the value of which is derived by adding one to the pertinent number selected from the ANSI Preferred Number Series 10 contained in American Society for Testing and Materials (ASTM) Designation No. F412-87a (1987), Standard Definitions of Terms Relating to Plastic Piping Systems which is herein incorporated by reference.

Storage Tank: A tank permanently located and used to store a product or to supply a product to utilization equipment.

Suitable: See “Acceptable.”

Surge Tank: See “Gas-Air Mixer.”

Systems: An assembly of equipment and appurtenances consisting essentially of the container or containers, major devices such as vaporizers, safety relief valves, excess flow valves, regulators, and connecting piping.

Tank: A container, other than a cylinder in DOT service, used for the storage or accumulation of any liquid or gas under pressure. This definition is not intended to include pressure chambers that are integral parts of such devices as pumps, motors, engines, clothes presses, flatwork ironers, tire molds, etc., where the pressure-containing part is subjected to severe mechanical stresses.

Transportation Tank: A tank permanently installed on a truck, trailer, or semi-trailer used to transport a product over the highway.

Trap Tank (Trap Wagon): A tank mounted on wheels for off-highway use and having a capacity of 1200 gallons or less and used to transport LP-Gas from a storage tank to a mobile fuel tank.

Tube: A hollow product of round or any other cross-section having a continuous periphery.

Note: For CNG service, a tube is a seamless, cylindrical-shaped pressure container used in DOT service such as transport trailers.

UM: Unfired Miniature, as Defined in ASME Code Section VIII, Division 1.

Vapor Pressure: The pressure of the vapor (psig) in equilibrium with the liquid at a temperature of 100 degrees Fahrenheit.

Vaporizers:

LNG Vaporizer: A device used to convert LNG from the liquid to the gaseous state by means of artificial or atmospheric heat.

Ventilation-Adequate: When specified for the prevention of fire during normal operation, ventilation shall be considered adequate when the concentration of the gas in a gas-air mixture does not exceed 25 percent of the lower flammable limit.

Volumetric Filling: The amount of water, in either lb. or gal., at 60oF (15.6oC) required to fill a container full of water.

Weight FIlling: See “Filled by Weight.”

WOG: Water, oil, or gas rating (as applied to valves and fittings).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 7622, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

3. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

4. Amendment filed 12-14-76; effective thirtieth day thereafter (Register 76, No. 51).

5. Amendment filed 6-15-79; effective thirtieth day thereafter (Register 79, No. 24).

6. Amendment filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

7. Amendment of subsection (a) filed 4-13-82; effective thirtieth day thereafter (Register 82, No. 16).

8. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

9. Amendment filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

10. New definitions for “Brittle Failure,” “Ductile Failure,” “Ductile Plastic Materials” and “Standard Dimension Ratios” filed 4-8-92; operative 5-8-92 (Register 92, No. 18).

11. Amendment of section and Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

12. Amendment of first two paragraphs filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

Article 2. Design and Construction

§454. Design and Construction of Air Tanks.

Note • History

(a) Except as permitted in Section 454 (b) all air tanks for new installations shall be constructed, inspected and stamped in compliance with the ASME Code (unless the design, material, and construction of the air tank are accepted by the Division as equivalent to the ASME Code) and, except for “UM” vessels, registered with the National Board of Boiler and Pressure Vessel Inspectors. The stamping on all new air tanks or on nameplates attached thereto shall show the head and shell thickness in addition to the stamping required by the ASME Code.

(b) Air tanks used for self-contained breathing apparatus may be constructed in accordance with the ASME Code or DOT specifications provided they are inspected and maintained as required by DOT specifications and do not exceed a volumetric capacity of 1 cubic foot.

(c) The allowable working pressure of any existing air tank shall be determined by the provisions of the ASME Code effective when the tank was manufactured and upon its condition; provided, however, that tanks constructed to other than ASME Code standards for air pressure service shall be calculated with a factor of safety of not less than 5.

(d) Air brake tanks shall be constructed in accordance with the ASME Code or SAE standard J-10b, 1981 Edition.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsection (a) filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

3. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

§455. Design and Construction of CNG and LNG Tanks.

Note • History

(a) All CNG and LNG tanks for new installations over 15 psig shall be constructed, inspected, and stamped in compliance with the ASME Code (unless the design, material, and construction of the tank are accepted by the Division as equivalent to the ASME Code) and, except for “UM” vessels, registered with the National Board of Boiler and Pressure Vessel Inspectors. The stamping on all new tanks or on nameplates attached thereto shall include, in addition to the stamping required by the ASME Code or the National Board of Boiler and Pressure Vessel Inspectors, the following:

(1) CNG Tanks:

(A) The volumetric capacity in standard cubic feet of natural gas when filled to the limits provided by these regulations.

(B) The words “For CNG.”

(2) LNG Tanks:

(A) The net volumetric capacity in U.S. Gallons.

(B) The words “for LNG.”

(D) The minimum safety relief valve capacity in CFM air. (See 541 (c)(1) and (2)).

(b) Tanks of brazed construction are prohibited.

(c) The outer shell of a double wall cryogenic vessel shall be designed for the full range of pressure and/or vacuum to which it will be subjected, and provide for adequate structural support of the inner tank and insulation under all imposed loadings.

(d) Welding to the shell, head, or any other part of the container subject to internal pressure, shall be done in compliance with the ASME Code under which the tank was fabricated. Other welding is permitted only on saddle plates, lugs, or brackets attached to the container by the tank manufacturer.

(e) All LNG tanks for new installations for low temperature storage at 15 psig or less, shall, as a minimum, be designed, constructed, inspected, and certified in accordance with API “Standard, 620, Recommended Rules for Design and Construction of Large, Welded, Low-Pressure Storage Tanks” and the following additional requirements which will supersede where there is any conflict, or to the ASME Code.

The references following in parentheses refers to specific paragraphs in API 620, 1978 Edition.

(1) The edges of the weld shall merge smoothly with the surface of the plate without a sharp angle. In making fillet welds, the weld metal shall be deposited in such a way that adequate penetration into the base metal at the root of the weld is secured. Although the provisions of 4.13 apply for horizontal butt joints, visible undercuts are not permitted for vertical butt joints. (4.13)

(2) The inspector shall have a valid certificate of competency issued by the Division. (5.02.1)

(3) The manufacturer shall have, and demonstrate, a quality control system to establish that all requirements including material, design, fabrication, examination (by manufacturer) and inspection (by the inspector) will be met. The written description of the quality control system shall, as a minimum, be in accordance with Appendix 10 of ASME Section VIII, Division 1. (5.02.3)

(4) Safety relief device and relieving capacities shall be in accordance with NFPA Pamphlet 59A and Appendix A, 1978 Edition.

(5) The manufacturer's report, or attachments, shall show for inner and outer tanks as a minimum:

(A) Manufacturer's name.

(B) Manufacturer's serial number for the tank.

(D) Design pressure for vapor space at the top.

(E) Design temperature.

(F) Maximum permissible specific gravity of liquid contents to be stored.

(G) Maximum level to which tank may be filled with liquid of that gravity, with full design pressure above the surfaces.

(H) Maximum level to which the tank may be filled with water for test or for purging purposes.

(I) Shell, head and other pressure boundary materials.

(J) Material thicknesses.

(K) Support and attachment materials.

(L) Nozzles, number and diameter.

(M) Year built. (5.27.2)

(6) The openings and/or connections between the tank and the pressure relief devices shall have an area at least equal to the combined areas of all the pressure relief inlets on that connection. The size of any discharge line shall be such that any pressure that may exist or develop will not reduce the relief capacity of the relieving devices below that required to properly protect the vessel. (N.3)

Where stop valves are used between the pressure relief devices and the tank, a written procedure shall be used to govern the use of the valves. Remote indicators shall be provided that will alert operating personnel when the stop valves are not in the fully open position or, alternately, reliable interlocks shall be provided to assure that minimum required relief capacity is always available. (N.8.)

(7) Design calculations shall be certified to be correct and complete by one or more currently registered professional engineers competent in the applicable field of design of LNG storage. The provisions of NFPA Pamphlet 59A, 1975, Section 4-1.3 shall be used for seismic loadings. For public utilities, the provisions of General Order 112(D) of the California Public Utilities Commission shall also be considered for all live loadings including Part III, Subpart B, Sections 193.115, 117 and 119, for seismic loadings, and shall be acceptable to the Commission.

(8) When butt joints are used in outer tanks, they shall be double welded and designed with a joint efficiency of 70% as a minimum in accordance with table UW-12 of ASME Section VIII, Division 1. (Q.6)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment of subsection (a) filed 4-1-77; effective thirtieth da thereafter (Register 77, No. 14).

4. Repealer of subsection (e) filed 4-7-81 as an emergency; effective upon filing (Register 81, No. 15). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-5-81.

5. Certificate of Compliance transmitted to OAL 7-7-81 and filed 8-6-81 (Register 81, No. 32).

6. Amendment of subsections (a)-(g), and renumbering of Section 459 to subsection (h) filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

7. Amendment of section heading, section and Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§456. Design and Construction of CNG Cylinders.

Note • History

All CNG cylinders shall be constructed according to DOT specifications.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

4. Amendment of section heading, section and Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§457. Design and Construction of LNG Vaporizers.

Note • History

(a) LNG Vaporizers:

(1) Vaporizers having a volumetric capacity in excess of 1 U.S. gallon shall be either:

(A) Constructed, inspected and stamped in accordance with the ASME Code unless the design and construction of the vaporizer are accepted by the Division as equivalent to the ASME Code, or;

(B) Fabricated and tested in accordance with ANSI B-31.3 when artificial heat is not used for vaporization and when of welded construction consisting of continuous pipe or tubing and fittings not exceeding 6 inches inside diameter, or;

(C) Made of threaded piping and pipe fittings and built to good engineering practice with a factor of safety of not less than 4, taking into account all imposed loadings.

(2) Vaporizers and any part thereof, including carbureting devices, shall be designed for minimum as well as maximum temperatures and the maximum pressure that can be imposed with a safety factor of at least 4.

(3) Vaporizers having a volumetric capacity in excess of 1 U.S. gallon shall be stamped with the information required by the ASME Code and shall also include:

(A) Head and shell thicknesses.

(B) The words “For LNG.”

(D) The vaporizer capacity per hour in U.S. gallons.

(E) Minimum safety relief valve capacity in CFM air. (See Section 540 (c).)

(b) Vaporizers made of pipe or tubing shall have a nominal diameter of 2 inches or less and shall have the information required in (C), (D) and (E) above stamped on a nameplate which shall be permanently attached to the vaporizer. This nameplate shall also show the manufacturer's name, year built and maximum allowable working pressure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

4. Amendment of section heading, repealer of subsections (a)-(a)(5), subsection relettering, and amendment of Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§458. Design and Construction of NH 3 Tanks.

Note • History

(a) All NH3 tanks for new installations shall be constructed, inspected, and stamped in compliance with the ASME Code (unless the design, material, and construction of the tank are accepted by the Division as equivalent to the ASME Code) and registered with the National Board of Boiler and Pressure Vessel Inspectors. The stamping on all new NH3 tanks or on nameplates attached thereto shall include the following, in addition to the stamping required by the ASME Code:

(1) The head and shell thicknesses.

(2) The gross volumetric capacity in U. S. gallons.

(3) Total outside surface area of the container in square feet.

(b) The allowable working pressure of any existing NH3 tank shall be determined by the provisions of the ASME Code effective when the tank was manufactured and upon its condition determined upon inspection. Containers once installed under ground shall not later be reinstalled above ground unless they successfully withstand hydrostatic pressure retests at the pressure specified for the original hydrostatic test as required by the ASME Code under which constructed and show no evidence of serious corrosion.

(c) Any tank used in refrigeration systems or for the refrigerated storage or transportation of NH3 shall be designed and constructed for an allowable working pressure which takes into consideration the temperature anticipated in the vessel and other appropriate design data.

(d) Except for tanks used in refrigeration systems, any tank used for the unrefrigerated storage, transportation, or utilization of NH3 shall be designed and constructed in accordance with the ASME Code for an allowable working pressure of at least 265 psig.

(e) All cold formed heads of ferrous material used on NH3 tanks shall be heat treated, either before or after welding to the tank, in accordance with paragraph UCS-56 of the ASME Code, regardless of the thickness of the metal when the tanks are to be used for the transportation of anhydrous ammonia or for the storage of anhydrous ammonia.

(f) Portable tanks or cylinders of 25 water gallons water capacity or less, that are transported inside service trucks for servicing NH3 refrigeration systems, shall be built either to the ASME Code or to the DOT specifications but must have a stamped pressure of at least 420 psig.

(g) Spot-radiography, partial radiography or 100% radiography shall be required for all vessels except DOT cylinders.

(h) Nonrefrigerated containers, and system nameplates, when required, shall be permanently attached to the system so as to be readily accessible for inspection and shall be marked as specified in the following:

(1) With the name and address of the supplier of the system or the trade name of the system and with the date of fabrication.

(2) With a notation “Anhydrous Ammonia.”

(3) With marking indicating the maximum level to which the container may be filled with liquid anhydrous ammonia at temperatures between 20o F and 130o F except on containers provided with fixed level indicators, such as fixed length dip tubes, or containers that are filled by weight. Markings shall be in increments of not more than 20o F.

(i) Marking refrigerated containers except in refrigeration plants where ammonia is used solely as a refrigerant. Each refrigerated container shall be marked with a nameplate on the outer covering in an accessible place as specified in the following:

(1) The maximum allowable water level to which the container may be filled for test purposes.

(2) With the density of the product in pounds per cubic foot for which the container was designed.

(3) With the maximum level to which the container may be filled with liquid anhydrous ammonia.

(4) With a notation “Anhydrous Ammonia.”

(j) All NH3 tanks for new installations with a design pressure of 15 psig or less shall be designed, constructed, inspected and certified in accordance with API Standard 620, 1978 Edition, with the additional requirements listed in Section 455(h)(1)-(8) of these Orders, which will supersede where there is any conflict, or they may be built to the ASME Code.

(k) The shell or head thickness of any container shall not be less than three-sixteenth inch.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 3-28-75; effective 30th day thereafter (Register 75, No. 13).

3. Amendment of subsection (a) filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

4. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

5. Amendment of subsection (e) filed 9-23-88; operative 10-23-88 (Register 88, No. 40).

§459. Liquefied Natural Gas Tanks. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3). For prior history, see Registers77, No. 14, and 72, No. 50.

2. Renumbering of Section 459 to Section 455(h) filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

§460. Design and Construction of Pressure Vessels for Other Than Compressed Air, LPG, NH 3 and Natural Gas.

Note • History

(a) All new pressure vessels for pressures exceeding 15 psig used for the transportation, storage, or use of any poisonous, corrosive, or flammable substance, or other products at temperatures above their boiling points at atmospheric pressures, or in which the pressure is generated by means of a compressor, shall be constructed, inspected, and stamped in compliance with the ASME Code, unless the design, material and construction of the vessel are accepted by the Division as equivalent to the ASME Code. Except for “UM” vessels, all such vessels shall be registered with the National Board of Boiler and Pressure Vessel Inspectors.

(b) All secondhand pressure vessels defined in (a) above shall have been constructed, inspected, and stamped in compliance with the ASME Code (or DOT specifications, if in DOT service) unless the design, material, and construction of the vessel are accepted by the Division as equivalent to the ASME Code.

(c) The allowable working pressure of all existing pressure vessels defined in Section 460(a) shall be calculated in accordance with the ASME Code; or in the case of non-ASME Code pressure vessels, the working pressure shall be determined by the standards of the ASME Code with a factor of safety of not less than 4.

(d) All pressure vessels not otherwise covered herein shall be designed and constructed in accordance with the ASME Code or in accordance with good engineering practice for the pressure and service in which they are to be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3). For prior history, see Register 78, No. 13.

2. Editorial correction of History No. 1 (Register 81, No. 8).

3. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

Article 3. Air Tanks

§461. Permits to Operate.

Note • History

(a) Except during the time that a request for a permit remains unacted upon or as permitted in Section 461 (f), no air tank shall be operated unless a permit to operate has been issued.

(b) Except during the time that a request for a permit remains unacted upon, every person owning or having the custody, management, or operation of an air tank which requires a permit to operate who operates it without a permit is guilty of a misdemeanor. Operating an air tank without a permit constitutes a separate offense for each day that it is so operated.

(c) The permit shall be posted under glass in a conspicuous place on or near the air tank or in a weatherproof container secured to the unit, and shall be available at all times to any qualified inspector.

(d) Except as provided in Subsection 461(h), the permit for portable air tanks shall expire not more than three years from the date of inspection and for all other air tanks not more than 5 years from the date of inspection or upon the alteration of, or damage to, the air tank or installation, or upon change of ownership and location, whichever occurs first.

Note: The permit shall not expire upon change of ownership and location for portable tanks.

(e) A temporary permit to operate may be issued for not more than 30 days to allow a reasonable time for required changes to be made.

(f) Air tanks having a volume of 1 1/2 cubic feet or less which have safety valves set to open at not more than 150 psi do not require permits to operate, but shall comply with all other provisions of these Orders, including construction. Air tanks used for self-contained breathing apparatus and having a volumetric capacity of 1 cubic foot or less and constructed, inspected, and maintained in accordance with DOT regulations do not require permits to operate.

(g) No person, firm, or company shall rent or offer for rent for use in a place of employment any air tank requiring a permit to operate unless the required permit has been issued by or in behalf of the Division.

(h) Air tanks subject to a maximum allowable working pressure not exceeding 150 psi., as shown by the required code marking, and having a volume of 25 cubic feet or less shall be inspected when placed into service. An indefinite permit shall be issued provided that the tank has been constructed, inspected and stamped in compliance with the ASME Code, or the design, material, and construction of the tank is accepted by the Division as equivalent to the ASME Code and the tank is in compliance with the applicable provisions of these orders. A new inspection and permit for operation shall be required whenever there is a change of ownership and permanent location of the tank or there is an alteration or change in the tank which affects the tank's safety.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7681 and 7683, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsection (d) and new subsection (h) filed 12-18-81; effective thirtieth day thereafter (Register 81, No. 51).

§462. Field Inspections and Reports.

Note • History

(a) All air tanks requiring a permit to operate shall be inspected internally and externally at least once every 3 years for portable tanks and once every 5 years for all other tanks by a qualified inspector.

This subsection shall not be applicable for air tanks which fulfill the requirements for an indefinite permit as provided in Section 461(h).

Exception: The internal inspection of tanks less than 2 years old may be waived at the discretion of the inspector, provided all other requirements of Section 462(c) are met.

(1) Ultrasonic thickness determination shall be permitted in lieu of, or in conjunction with, internal inspection for air tanks of 36” diameter or less. Thickness determinations shall be made in at least eight areas: two on each head and two on both the top (upper) and bottom (lower) portions of the shell.

Thickness determinations indicating significant reduction in the material thickness over a general area (National Board Inspection Code Par. U-107 may be used as a guide) shall be shown on the inspection report as well as the calculations for the reduction in the allowable working pressure.

The qualified inspector's employer shall be responsible for the inspector's or ultrasonic examiner's competency in the use of the ultrasonic thickness gage, and the examiner's signed report shall be attached to the qualified inspector's inspection report.

(2) Air tanks shall be installed so that all drains, handholes, inspection plugs and manholes therein are easily accessible. Air tanks shall be supported with sufficient clearance to permit a complete external inspection and to avoid corrosion of external surfaces. Under no circumstances shall an air tank be buried underground or located in an inaccessible place.

(b) The owner or user of any air tank shall prepare it for inspection and make provisions to permit the required inspections to be made safely when requested to do so by the Division or a qualified inspector.

(1) Preparation for an internal inspection shall include the removal of such inspection plugs or plates as are deemed necessary by the qualified inspector.

(2) The qualified inspector shall decide whether a hydrostatic pressure test is necessary and if it is ordered, the owner or user shall make the necessary preparations for such tests by blanking off connections and filling the tanks with water and pressurizing the tank.

(3) If the owner or user finds the date set for inspection not convenient, the owner or user shall immediately ask the Division for a postponement and give good cause,in which case the inspection shall be permitted to be postponed for a period of not more than 30 days from the date first set for inspection.

(c) All air tanks subject to inspection under these Orders and regularly inspected by qualified inspectors not employed by the Division shall be exempt from periodic inspection by the Division if the tanks and systems conform to these Safety Orders and:

(1) Reports of all air tank inspections are submitted to the Division within 21 days of inspection;

(2) Reports indicate whether internal inspection or external inspection under pressure, or both, have been made.

(3) Reports give the reasons for any refusal to issue a permit and for any change in the allowable working pressure;

(4) Reports specify in detail the condition of the air tank and any changes or repairs ordered. If changes or repairs are ordered, a written report shall be furnished to the owner or user of the tank by the inspecting agency.

(d) Permits shall be issued only if tanks and systems comply in all respects with these orders and all inspection fees are paid.

(e) Qualified inspectors employed by insurance companies shall immediately notify the Division of the name of the owner or user, as shown on the permit to operate, the location and state serial number of every air tank on which insurance has been refused, canceled or discontinued, and shall give the reasons why.

(f) Qualified inspectors employed by other than insurance companies shall immediately notify the Division of the name of the owner or user and the location and state serial number of every tank inspected by them which is removed from active service or which is considered unsafe for further service as an air tank, and shall give the reasons why.

Note: Nothing in these order shall prevent a qualified safety engineer employed by the Division from inspecting any tank. However, no inspection fee shall be charged by the Division where the required inspection has been made and the provisions of subsection (c) above have been met.

(g) Qualified inspectors making the first field inspection of air tanks required by these Orders to have a permit to operate shall stamp on the tank a State serial number (unless a State serial number has previously been stamped thereon) which shall become a permanent means of identification. This assigned number shall be made either by steel die figures not less than 5/16 inch in height, or outlined by means of center punch dots with figures not less than 3/4 inch in height, and shall be stamped adjacent to the manufacturer's ASME Code stamping or above an inspection opening if the ASME Code stamping is not accessible.

(h) No state serial number or ASME Code stamping shall be permanently covered by insulating or other material unless such number and stamping is transferred to a fixed plate readily visible outside of all insulating material.

(i) Whenever the condition of an air tank is such as to make it unfit for air pressure service, a qualified safety engineer employed by the Division may affix a rejection mark

Embedded Graphic 08.0139

consisting of an “x” at least 1 inch in height with a circle at least 1/2 inch in diameter located between the upper arms of the “x.” The rejection mark shall be outlined in center punch marks and located immediately above or adjacent to the state serial number.

(j) All air tanks shall have inspection openings in compliance with the ASME Code. When inspection openings are not provided, the owner or user shall provide such openings, one (1) in each head or in the shell near each head and approximately opposite the longitudinal seam, as follows:

(1) Tanks 12 inches or less in inside diameter shall have at least two threaded openings not less than 3/4 inch pipe size.

(2) Tanks less than 18 inches and more than 12 inches in inside diameter shall have at least two handholes or two plugged, threaded openings not less than 1 1/2 inch pipe size.

(3) Tanks 18 inches to and including 36 inches in inside diameter shall have a manhole or at least two handholes or two plugged, threaded inspection openings not less than 2-inch pipe size.

(4) Tanks exceeding 36 inches in inside diameter shall have a manhole, except those whose shape or use makes a manhole impractical; in which case two handholes 4 inches by 6 inches or two openings of equivalent area may be substituted for the manhole opening.

(5) (A) An elliptical manhole shall be not less than 11 inches by 15 inches or 10 inches by 16 inches in size. The inside diameter of a circular manhole shall be not less than 15 inches.

(B) A handhole shall be at least 2 inches by 3 inches in size. It may be larger, depending upon the size of the tank and the location of the opening.

(k) Air tanks used in systems which have had moisture removed to the degree that the air has an atmospheric dew point of -50o F or less, shall not be required to have inspection openings.

(l) Air tanks shall meet and be installed in accordance with the following requirements:

(1) Air tank supports and appurtenances shall be in accordance with Paragraph UG-22 and recommended design practices of Appendix G of Section VIII, Division 1 of the ASME Code with sufficient clearance provided under the tank to allow for operation of the drain valve.

(2)(A) Air compressor units which have a reciprocating compressor and a driving unit over two horsepower mounted on the tank shall be in accordance with the requirements of paragraphs (B) and (C) as follows:

(B) The tank manufacturer's data report shall show the tank and machinery supports provided by the tank manufacturer. When reinforcing pads are used as a means of stress distribution at the legs and/or base plate attachment they shall be designed to minimize regions of high stress concentration and be sealed in such a manner as to inhibit corrosion.

(C) Based on written certification from the vessel manufacturer stating compatibility of the vessel and compressor-driving system, the assembler shall permanently affix a label or apply stamping with letters and figures not less than 5/32 inch in height to the side of the vessel machinery platform showing 462(l )(2) compliance. In those cases where the tank manufacturer is the assembler, this data shall be permitted to be stamped on the ASME Code nameplate, separated from the ASME Code stamping. Upon request of the Qualified Inspector or the Division, design calculations incorporating system dynamics or experimentally obtained test data shall be furnished by the tank manufacturer to verify compliance with this Order.

(D) New air tanks not complying with this subsection shall not have a reciprocating compressor and driving unit mounted on the tank unless the supports are modified to the satisfaction of the Qualified Inspector, and the Division.

(3) All visible undercuts at butt, groove, or fillet welds must be repaired prior to issuance of the permit to operate.

(4) The employer shall notify the Division and the inspection agency before further use in the event of cracking or leaking of the air tank.

(5) If an air tank has cracked because of the compressor mounting or supports, the compressor and driving unit shall be reinstalled separately from the air tank in accordance with the requirements of the applicable Safety Orders, unless the supports are modified to the satisfaction of the Qualified Inspector and the Division. Whenever possible, the reinstallation of the compressor and driving unit shall be in accordance with the recommendations of the original assembler. The reinstallation must be acceptable to the Qualified Inspector.

(m)(1) Air piping shall be in accordance with ANSI B31.1 or B31.3.

(2) All piping from the tank to the first shut-off valve shall be Schedule 80 metallic pipe.

(3) Plastic piping systems may be used for compressed air conveyance above and below ground, when meeting all of the following requirements:

(A) Only ductile plastic materials shall be used.

(B) Only plastic pipe, valves and fittings recommended for use by the manufacturer to convey compressed air shall be used.

(C) Plastic pipe, valves and fittings shall not be used for compressed air systems over 150 psi or temperatures over 140o F.

(D) Plastic piping systems shall be designed, installed, maintained, and operated in full accordance with the manufacturer's specifications and instructions.

(E) All plastic pipe shall be permanently marked continuously, but not to exceed 5-foot intervals, with the following information:

1. Size;

2. Manufacturer's name;

3. Pressure rating at 73o F and 140o F;

4. Material name, specification, ASTM cell classification, batch number, and the date of manufacture;

5. The words “For Compressed Air”; and

6. Either Schedule, “Sch Number”, or Standard Dimension Ratio, “SDR Number”.

(F) All plastic valves and fittings shall be permanently marked with the following:

1. Size;

2. Manufacturer's name or logo;

3. Pressure rating at 73o F; and

4. Material name.

(G) Plastic valves and fittings shall be of the same manufacturer and materials as the pipe.

(H) Only joining compounds meeting or exceeding manufacturer's specifications shall be used when assembling the plastic pipe.

(I) The employer shall use pipe that meets or exceeds the test requirements listed in Appendix C, and upon request, supply the Division written laboratory certification from the manufacturer that the pipe meets or exceeds all test requirements listed in Appendix C of these orders.

(J) The pipe system components, pipe, valves, fittings, and joining compounds shall be designed for the full working pressure of the system for its design life.

Exception: Pipe or tubing under 3/8-inch diameter need not meet these requirements.

(4) Plastic pipe and fittings that do not meet the requirements of subsection (m)(3) may be used in compressed air service, provided that all of the following conditions are satisfied:

(A) Pressure shall be limited to 150 psi, temperature to 120o F, size up to 2-inch diameter pipe size, and wall thickness to Schedule 40 or heavier;

(B) The piping system shall be protected from mechanical damage along its entire length by either location or actual guarding. The guarding shall be of sufficient strength to withstand any anticipated impact. It shall also be capable of containing exploding fragments; and

(C) The piping system shall be supported and secured by U bolts, conduit supports, rigid hangers or similar methods at intervals not to exceed five (5) feet.

(n) Any air tank having dished heads or conical heads the skirt (flange) and/or the knuckle radius of which does not meet the minimum ASME Code requirements shall have such heads stayed as flat surfaces in accordance with the ASME Code rules for braced and stayed flat plates. Any head dished to a radius greater than the diameter of the tank to which it is attached shall be stayed as a flat surface in accordance with the ASME Code rules for braced and stayed flat plates. No allowance shall be taken in such calculations for the curved portion of the head.

(o) All air tanks, including existing installations, having unstayed dished heads without a transition knuckle for attachment to the shell shall be permanently removed from service with the rejection mark affixed by the qualified inspector, as required in Section 462 (i).

(p) The bottom dished head of an air tank operated in the vertical position shall not be dished inward but must be concave to pressure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7650 and 7681, Labor Code.

HISTORY

1. Repealer and new subsection (m) filed 2-8-78; effective thirtieth day thereafter (Register 78, No. 6). For prior history, see Register 77, No. 26.

2. Amendment of subsection (m) filed 3-10-78 as an emergency; effective upon filing (Register 78, No. 6).

3. Amendment of subsection (m) refiled 6-2-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 22).

4. Amendment of subsection (m) filed 12-4-78 as an emergency; effective upon filing (Register 78, No. 49).

5. Certificate of Compliance filed 3-23-79 (Register 79, No. 12).

6. Amendment of subsections (a) and (m) filed 6-15-79; effective thirtieth day thereafter (Register 79, No. 24).

7. Amendment of subsection (a) filed 12-18-81; effective thirtieth day thereafter (Register 81, No. 51).

8. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

9. Amendment of subsections (k) and (m) filed 4-8-92; operative 5-8-92 (Register 92, No. 18).

§463. Certification of Inspectors.

History

Inspectors shall be certified in accordance with Section 779 of the Boiler and Fired Pressure Vessel Safety Orders.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

§464. Air Tank Inspection Fees. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13). For history of former section, see Register 77, No. 49.

2. Repealer filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

§465. Safety Devices and Systems.

Note • History

(a) Each air tank shall be protected by 1 or more safety valves and other indicating and controlling devices that will insure safe operation of the tank. If the tank has a volumetric capacity in excess of 2,000 gallons, it shall be fitted with at least 2 safety valves, the smallest of which shall have a relieving capacity of at least 50 percent of the relieving capacity of the largest valve.

(b) Safety relief valves shall:

(1) Be constructed and installed in accordance with ASME Boiler and Pressure Vessel Code, Section VIII.

(2) Be located and installed so that they cannot be readily rendered inoperative.

(A) No valve of any description shall be placed between the required safety valve or rupture disc and the air tank.

(B) The opening or connection between the tank and safety valve or valves shall have a cross-sectional area at least equal to the combined areas of all attached safety valve inlets.

(3) Be of the direct spring-loaded type. The springs shall not be adjusted to carry more than: 10 percent greater pressure than the set pressure stamped on the valve up to and including 250 psig; or 5 percent greater pressure than the set pressure stamped on the valve above 250 psig.

(A) For pressures of 2000 psig or less safety valves shall be equipped with a substantial lifting device so that the disc can be easily lifted from its seat not less than 1/8 the diameter of the seat when the pressure in the tank is 75 percent of that at which the safety valve is set to open.

(B) For pressures exceeding 2000 psig: the lifting device may be omitted providing the valve is removed for testing at least once each year and a record kept of this test and made available to the qualified inspector; acceptable rupture discs may be used in lieu of safety valves provided they are in compliance with Section 465 (b) (2), (4) and (5).

(4) Be set to open at not more than the allowable working pressure of the tank.

(5) Have a relieving capacity sufficient to prevent a rise of pressure in the tank of more than 10 percent above the allowable working pressure when all connected compressors are operating with all unloading devices rendered inoperative.

(6) When exposed to a temperature of 32 degrees Fahrenheit or less, have a suitable drain at the lowest point where water can collect.

(7) Not have seats or discs of cast iron.

(8) Be tested frequently and at regular intervals to determine whether they are in good operating condition.

(1) Have a cross-sectional area at least equal to the combined outlet areas of all valves discharging into them.

(2) Be designed and installed so that there will be no interference with the proper operation or discharge capacity of the safety valve or rupture disc.

(3) Have no valve of any description.

(4) Be fitted with open drains which will prevent the accumulation of liquid above the safety valve or rupture disc.

(5) Be installed and supported in a manner that will prevent undue stresses on the safety valve or rupture disc.

(6) Be led to a safe place of discharge.

(d) Each air tank shall be equipped with a suitable pressure-indicating gage with the dial graduated to approximately double the operating pressure, but in no case less than 1.2 times the pressure at which the safety-relieving device is set to function.

(e) Each air tank shall be equipped with a manually operated, valved drain located at the lowest point where water can collect. The valve for this drain shall be suitably located for convenient operation. Automatic drains shall not be considered as complying with this order unless also equipped with a manually operated by-pass.

Note: It is recommended that each air tank be completely drained of accumulated moisture at least once during each day of operation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsection (a) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

3. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

§466. Repairs and Alterations.

Note • History

(a) No alteration or repair affecting the safety of any air tank covered by these Orders shall be made without the authorization of a qualified inspector.

(b) Any air tank which has suffered mechanical damage causing dents or other deformations exceeding a depth of 1 1/2 times the thickness of the deformed head or shell or two percent of the tank diameter, whichever is greater, shall be properly re-formed to its original shape or otherwise repaired as provided in these Orders. Deformations less than these amounts located in areas of high stress concentration and/or having abrupt changes in configuration may be required to be reformed to their original shape at the discretion of the qualified inspector.

(c) Any areas that are deteriorated by internal or external corrosion or by mechanical abrasion that affects the safety of the tank shall be properly repaired or the allowable working pressure shall be reduced proportionately. The building up by welding of such area is prohibited, except isolated pits shall be permitted to be properly prepared and welded at the discretion of the qualified inspector.

(d) No welded repair shall be permitted on a tank of brazed construction. If inspection openings are required in such tanks, they may be machine-cut and closed with handhole plates.

(e) Any welding necessary when making major repairs or alterations to tanks shall be done by a welder qualified in accordance with Section IX of the ASME Code in the position or positions used in making the repair or alteration.

(1) When minor welding repairs or alterations, such as closing openings not exceeding 2 inch pipe size, installing reinforcing rings around handhole openings, installing staybolts or through stays, etc., are made by a welder who is not ASME qualified, these repairs or alterations shall be authorized and approved by a qualified inspector.

(f) The qualified inspector who authorizes any welded repair or alteration shall report it to the Division within 21 days, giving full details, including the State serial number of the tank, the name and address of the owner or user, the location of the tank, and the name and address of the welder and the welder's employer.

(1) The qualified inspector shall stamp his/her certificate of competency number adjacent to all welded repairs authorized.

(g) If the longitudinal seam of any non-code air tank of welded construction is found to have incomplete penetration of the welded joint, the tank shall not be repaired. Such tanks shall be permanently removed from service, with the rejection mark affixed by the qualified inspector, as required in Section 462(i).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

Article 4. Pressure Vessels Other Than Air Tanks, LPG, NH 3 and CNG or LNG Tanks

§467. Controls.

Note • History

(a) Any pressure vessel not specifically covered or exempted elsewhere in these Orders shall be protected by one or more safety valves or rupture discs set to open at not more than the allowable working pressure of the vessel and by such other controlling and indicating devices as are necessary to insure safe operation of the pressure vessel.

(b) The owner or user of any pressure vessel not specifically covered or exempted elsewhere in these Orders shall provide such inspection and maintenance as is necessary to insure safe operation of the pressure vessel.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 1-5-88; operative 2-4-88 (Register 88, No. 4).

Article 5. LP-Gas Systems

The provisions of Article 5 need not apply to liquefied petroleum gas installations up to the point of delivery to a transportation tank in plants manufacturing this product, nor beyond the storage tanks in plants using this product for processing only and not for fuel; provided, however, that tanks used in such plants shall be designed and constructed in accordance with provisions of Article 2, and shall be maintained and operated in accordance with the provisions of Article 4 of these Orders.

§470. Permit to Operate.

Note • History

(a) Except during the time a request for a permit remains unacted upon, no employer or employee shall use or cause to be used any pressure vessel for the storage or transportation of LP-Gas without first securing from the Division a permit to operate such container.

Exception: No permit to operate shall be required for pressure vessels of 125 gallons capacity or less or for cylinders used, inspected, and maintained in accordance with DOT regulations.

(b) Permits to operate dispensing units, trap tanks, and skid tanks shall expire in not more than 3 years while the permit to operate transportation tanks, mobile fuel tanks, and storage tanks shall expire in not more than 5 years.

It is intended that failure to maintain the installation in compliance with these Safety Orders will be justification to void the permit and require reinspection.

(1) The tank changes both ownership and location.

(2) Alterations are made which affect the safety of the installation.

(3) The tank has suffered mechanical or fire damage.

The permit to operate shall not expire due to the exchange or interchange of approved appurtenances intended for the same purposes.

(d) The permit to operate, or an acceptable copy, shall be kept readily available on the premises upon which the tank is located and shall be available at all times to any qualified inspector. In the case of a transportation or portable tank, the permit may be carried in the cab of the towing vehicle or in a suitable weatherproof container secured to the unit.

(e) No person shall charge LP-Gas into any tank requiring a permit to operate unless the permit to operate has been issued and posted, except where a request for a permit remains unacted upon. Containers shall be filled or used only upon authorization of the owner.

(f) No permit to operate shall be issued for any tank until all provisions of these Orders have been complied with and the required fee has been paid.

(g) Any tank that has been used for the storage or transportation of products other than LP-Gas shall be inspected internally by a qualified inspector at the time of the periodic inspection required by Section 470 (i).

(h) At the time of the first field inspection of each tank requiring a permit to operate, the qualified inspector shall stamp on the tank a state serial number in accordance with Section 462 (h).

(i) Except as permitted in Section 470 (a) each LP-Gas tank shall be inspected in accordance with the intervals shown in Section 470 (b).

(j) Inspectors shall be certified in accordance with Section 463.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment of subsections (b) and (j) filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsection (e) filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment of subsections (a), (b) and (c)(3) and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§471. Control of Products in Tanks and Cylinders.

Note • History

(a) No LP-Gas shall be transported or delivered into any vessel covered by these Orders until first odorized using a warning agent of such character that the gases are detectable, by a distinct odor, down to a concentration in air of not over one-fifth the lower limit of flammability.

Exception: When the LP-Gas is to be used exclusively in a process where the presence of an odorant would make the LP-Gas unfit for use in the process and for deliveries between refineries or between producing wells and refineries, a waiver may be obtained from the Division upon written request.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of section, including repealer of figure 1, and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

3. Repealer and new section filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

§472. Charging LP-Gas Containers.

Note • History

(a) Air pressure shall not be used to displace LP-Gas during the transfer operation.

(b) All filling connections shall be kept effectively plugged or capped when not in use. These caps or plugs shall be so designed that they will vent to the atmosphere while at least 3 full threads are engaged.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment of subsection (e)(1)(D) filed 3-15-77; effective thirtieth day thereafter. (Register 77, No. 12). For prior history, see Register 76, No. 51.

2. Amendment of subsection (e)(3) filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).

3. Amendment of section heading and section, including repealer of table 472, and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§473. Gauging Devices.

Note • History

(a) A permanent dip pipe or a fixed level gauge shall be installed in all containers filled by volume and shall be of such length or position that it will indicate when the tank is 86 1/2 percent full.

(1) This fixed dip tube or fixed level gauge shall be permanently installed in the tank. Additional dip pipes or fixed level gauges may be used providing they are permanently marked to show the outage they indicate.

(b) Each tank 125-gallon capacity or more, filled by volume, shall be equipped with a liquid level gauging device, such as a rotary gauge, magnetic gage, or series of fixed pipes, in addition to the fixed dip pipe required in Section 473(a).

(c) Each tank having an allowable working pressure of less than 250 psi shall have a thermometer well. This Order does not apply to tanks built before January 1, 1946, or to code tanks constructed in accordance with Paragraphs U-68, U-69, and UW-52 (b) for a working pressure of 200 psi or more. The thermometer well shall be plugged or capped when not in use to prevent the entrance of moisture and the resulting hazard of corrosion.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment of section heading and section, including repealer of table 473 and figure 2, and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§474. Approval of Devices.

Note • History

(a) All devices which are used in LP-Gas installations shall be of an approved type and construction suitable for the use intended. See “Approved.”

(b) LP-Gas shall not be used to operate any device or equipment designed to be operated with compressed air, nor shall LP-Gas vapor be released into the air, except as provided for by these Orders.

(c) Container valves, connectors, regulators, manifolds, piping, and tubing shall not be used as structural supports for heaters.

(d) All electrical wiring and electrical equipment shall be in accordance with the Electrical Safety Orders administered by the Division and NFPA 58 Section 3-7.2.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsections (a) and (d) filed 10-17-75; effective thirtieth day thereafter (Register 75, No. 42).

3. Repealer and new subsection (e) filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

4. Amendment filed 1-6-83; effective thirtieth day thereafter (Register 83, No. 2).

5. Amendment of subsection (e), Table 474, Part D filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

6. Editorial reprinting of 7-8-85 order and correction of Register 85, No. 28 revision record sheet changing Chapter 3.5 to Chapter 4, Subchapter 1 (Register 85, No. 38).

7. Editorial correction of History 6 (Register 95, No. 21).

8. Amendment of section, including repealer of table 474 and figure 474, and amendment of Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§475. Location of Storage Containers and Regulating Equipment.

Note • History

(a) A single container of 575 gallons or less water capacity can be located 10 feet from an important building providing such container is at least 25 feet from any other container of more than 125 gallons water capacity. For important buildings constructed of concrete or masonry materials with no overhanging roof:

(1) A single container up to 500 gallons capacity may be located not less than 3 feet from an important building provided there is no opening in the building within 10 feet.

(2) A single container 501 to 1200 gallons capacity may be located not less than 3 feet from an important building provided there is no opening in the building within 25 feet.

(b) No stationary storage container shall be located less than 10 feet from the nearest street line or sidewalk, or less than 50 feet from the center line of any railroad main track.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14). For prior history, see Register 76, No. 32.

2. New subsection (g) filed 9-11-81; effective thirtieth day thereafter (Register 81, No. 37).

3. Amendment filed 4-13-82; effective thirtieth day thereafter (Register 82, No. 16).

4. Amendment of subsection (a) filed 9-3-82; effective thirtieth day thereafter (Register 82, No. 36).

5. Amendment of section and Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

6. New subsection (c) filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

§476. Location and Installation of Underground Tanks. [Repealed]

History

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Repealer and new subsection (a) filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§477. Installation of Containers

Note • History

(a) Aboveground Containers.

(1) Metallic structural supports, when used, shall be encased in concrete or other material having a fire-resistant rating of at least 2 hours when the distance between the lower surface of the tank and the top of the concrete or masonry foundation exceeds 18 inches.

(2) Aboveground storage containers shall be protected from impact from vehicles by means of crashposts, curbs, fences, railings or similar barriers. Where crashposts are used, they shall be no less than 5 feet long with 2 feet below ground and encased in concrete. Posts shall be no less than 4 inches in diameter and be filled with concrete if the wall thickness is less than that of standard pipe. Posts shall be 4 feet apart on centers (maximum) and at least 3 feet from the storage container. Other materials may be used and shall provide equivalent protection. Such curbs or fences shall be arranged so they will not hamper free ventilation around the containers.

(3) Containers installed in battery shall not be installed with liquid and vapor lines connecting into common headers unless either:

(A) the working pressure of all such containers is at least equal to the vapor pressure of the product stored in any such container; or,

(B) check valves or other devices are installed in the system to prohibit the introduction of the higher-pressure product into the lower-pressure container.

(b) Mounded Containers.

Containers shall not be mounded unless written permission to do so has been obtained from the Division.

In addition to the requirements of NFPA 58, Section 3-2.4.7, the following construction, maintenance, and documentation provisions shall apply:

(1) Construction.

(A) Where containers are to be installed closer than 30 inches above surrounding grade, a moisture barrier to prevent the upward migration of potentially corrosive salts or acids shall be installed.

(B) Drainage tile or pipe shall be installed to prevent the accumulation of moisture within the insulating medium. Where a moisture barrier is installed, the drainage material shall be placed above that barrier.

(C) Relief-valve capacity and installation shall be that which is required for aboveground containers and shall comply with NFPA 58, Section 3-2.6.3, as measured from the tank shell.

(D) All container-liquid and vapor-transfer openings shall be fitted with pneumatically-controlled internal-type valves incorporating excess-flow protection or spring-loaded backflow check valves. Remote emergency shutdown capability shall be provided.

(E) Container valves and appurtenances shall be accessible for operation, repair, or maintenance without disturbing mounding material.

Note: Access crawlways shall be evaluated for compliance with the General Industry Safety Orders, Article 108.

(F) Prior to mounding, inaccessible plugged openings, joints, and other appurtenances shall be tested for leaks at operating pressure.

(G) Liquid level and pressure gauges shall be accessible visually and physically and shall be vented outside of the mounding.

(H) Mounded containers shall be protected against corrosion by coating the container with corrosion-resistant material approved for buried installations provided the material is applied in accordance with the manufacturer's recommendations. The employer/user shall submit to the Division a copy of the manufacturer's data for the coating material showing the method and procedures for coating prior to installation.

(I) All containers shall be cathodically protected and electrically isolated from connecting piping or electrically conducive structures in accordance with good engineering practice.

(J) Depth gauges shall be installed at intervals of not greater than 6 feet along the vertical center line of the container to visually indicate when insulating material becomes less than 1 foot in depth over the container.

(2) Maintenance Requirements.

(A) Filling densities shall be as required for aboveground containers.

(B) Voltage readings from the cathodic system shall be taken and recorded annually and shall produce a negative voltage of at least 0.85 volts with reference to a saturated copper-copper sulfide half cell.

(C) All mounded containers shall be completely uncovered for an inspection of all external surfaces at intervals of at least once every 5 years. The intervals shall be extended when no failure in the cathodic protection has been detected, provided that every container shall be uncovered at least once every 30 years. Alternate methods of inspection may be used, e.g., UT, internal inspection.

(D) Where passive cathodic protection is provided, amperage readings shall be taken annually from each sacrificial anode. Where impressed current is used, amperage and voltage readings shall be reported at 6-month intervals.

(E) The depth gauges across the top of the container shall be observed annually to determine that a minimum of one-foot coverage of insulating material exists over the top of the entire container.

(F) Leak surveys shall be conducted annually using a combustible-gas indicator or comparably effective instrument to sample the air from the drainage system beneath the container and from test holes surrounding the container at intervals not greater than 10 feet.

(3) Documentation.

(A) The following documentation shall be maintained for the life of the system:

1. The construction requirements of this Section and of NFPA 58, Section 3-2.4.7 shall be documented through the use of photographs and other appropriate means.

2. All tests required in this Section shall be recorded in a system log showing the date the tests were taken, the related readings, and the name of the person making the tests. These tests shall be available to the Division at any time for the purpose of inspection and verification and shall be retained for the life of the installation.

3. The owner or operator of a mounded container shall send a copy of the system log for that container to the Division's principal safety engineer each year during the month of June.

Containers shall not be installed underground unless written permission to do so has been obtained from the Division.

In addition to the requirements of NFPA 58, Section 3-2.4.8, the following construction, maintenance, and documentation provisions shall apply:

(1) Construction.

(A) Underground containers shall be protected against corrosion by coating the container with corrosion-resistant material approved for buried installations provided the material is applied in accordance with the manufacturer's recommendations. The employer/user shall submit to the Division a copy of the manufacturer's data for the coating material showing the method and procedures for coating prior to installation.

(B) All containers shall be cathodically protected and shall be electrically isolated from connecting piping or electrically conducive structures in accordance with good engineering practice.

(C) No tank used underground shall be installed aboveground until it has been inspected and found to be in compliance with requirements for an aboveground installation.

(2) Maintenance Requirements.

(A) Voltage readings from the cathodic system shall be taken and recorded annually and shall produce a negative voltage of at least 0.85 volts with reference to a saturated copper-copper sulfite half cell.

(B) All underground containers shall be completely uncovered for an inspection of all external surfaces at intervals of at least once every 5 years. The intervals shall be extended when no failure in the cathodic protection has been detected, provided that every container shall be uncovered at least once every 30 years.

Alternate methods of inspection such as internal inspection and ultrasonic testing may be used to check and verify the integrity of the container in lieu of it being uncovered.

(D) Leak surveys shall be conducted annually using a combustible-gas indicator or comparably effective instrument to sample the air from the tests holes surrounding the container at intervals not greater than 10 feet.

(3) Documentation.

(A) The following documentation shall be maintained for the life of the system:

1. The construction requirements of this Section and NFPA 58, Section 3-2.4.8 shall be documented through the use of photographs and other appropriate means.

3. The owner or operator of a underground container shall send a copy of the system log for that container to the Division's principal safety engineer each year during the month of June.

(d) Partially Underground/Mounded Containers.

Partially underground or partially mounded containers shall be prohibited.

(e) Fusible plugs and/or rupture discs are prohibited for any container installed or reinstalled after the effective date of these orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment of subsection (a) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

4. Amendment of section heading and section and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

5. Amendment of subsections (a)(1) and (a)(2), repealer of subsection (a)(3), subsection renumbering and amendment of subsection (b)(1)(C) filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

6. Change without regulatory effect amending subsection (b)(1)(E) filed 5-7-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 19).

§478. Skid and Trap Tanks, and Containers on Transportation and Bulk Delivery Vehicles.

Note • History

(a) Unless installed in compliance with Section 477(a), skid and trap tanks shall not be used at any location for more than 180 days without written permission from the Division.

(b) Transportation tanks, or other tanks mounted on wheels, shall not be used in lieu of storage tanks or skid tanks without written permission from the Division. Such permission shall be granted for temporary use only and not to exceed 180 days.

NOTE

Authority cited: Section 142.3, Labor Code; and Section 13241, Health and Safety Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment of section heading and section and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§479. Installation of Tanks on Transportation and Bulk Delivery Vehicles. [Repealed]

History

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment of subsection (a)(3) filed 5-4-76 as procedural and organizational; effective upon filing (Register 76, No. 19).

4. New subsection (m) filed 12-14-76; effective thirtieth day thereafter (Register 76, No. 51).

5. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§480. Pipes and Fittings for All Liquid Lines and for Vapor Lines Where the Pressure Exceeds 20 PSI.

Note • History

(a) All pipe between the container and first shutoff valve shall be Schedule 80 (extra heavy). All fittings between the container and first shutoff valve shall be steel as required by Section 480(c).

Aboveground piping in excess of 1 1/2 inch pipe size may be Schedule 40 when used beyond the first shutoff valve, providing:

(1) Threaded connections are used and the piping is used for vapor service only at less than 125 psi.

(2) Welded connections are used and the piping is used for liquid or vapor service at less than 400 psi.

All other piping shall be Schedule 80.

Where used, flare nuts shall be of forged brass.

All welded piping shall be fabricated and tested in accordance with the ANSI Standard Code for Pressure Piping, Section 3, Petroleum Refinery Piping B-31.3, 1993 Edition or equivalent.

(b) Piping outside of buildings may be either buried or installed aboveground and shall be well-supported and protected against mechanical injury. All underground piping shall be Schedule 80 and shall be buried not less than 18 inches below the surface of the ground, unless otherwise protected, and shall be protected from corrosion by approved corrosion-resistant material and by cathodic protection.

Voltage readings from the cathodic system shall be taken and recorded annually and shall produce a negative voltage of at least 0.85 volts with reference to a saturated copper-copper sulfide half-cell. Where impressed current is used, amperage and voltage readings shall be recorded at 6-month intervals.

(c) All steel fittings used with Schedule 80 pipe shall be Schedule 80 if butt welded, 3,000 pounds WOG if socket welded, and 2,000 pounds WOG forged steel if threaded. All other steel fittings shall have a rating of at least Schedule 40 if butt welded, and 2,000 pounds WOG if socket welded or threaded.

All steel valves and fittings shall have a steam rating of at least one hundred fifty (150) psi, ANSI standard, with a minimum WOG rating of 250 psi. Valves of material other than steel shall have a pressure rating of at least two hundred (200) psi steam, or four hundred (400) psi WOG. The manufacturer of LP-Gas valves shall stamp or otherwise permanently mark the valve body to indicate the pressure rating. Steam valves when used for LP-Gas service shall be refitted for such service. Valve seat material, packing, gaskets, etc., shall be resistant to the action of LP-Gas.

(d) The use of the following is prohibited:

(1) Valves of a design that will allow the valve stem to be removed without removal of complete valve bonnet.

(2) Valves with valve stem packing glands which cannot be repacked under pressure, unless there is another valve of acceptable type between them and the tank.

(3) Aluminum tubing.

(4) Pipe nipples used in lieu of couplings or flanges on tanks.

(5) Multivalves without excess-flow valves and fixed dip tubes for use other than DOT cylinders.

(e) In addition to the valves required in NFPA 58, Section 2-3.3.2, all liquid and vapor connections shall be fitted with manually operated shutoff valves located as close to the container as practicable.

(f) Where containers are in liquid service or a combination of liquid and vapor service, all connections with manually operated shutoff valves shall be legibly labeled to indicate whether they communicate with the vapor or liquid space.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14). For prior history, see Register 75, No. 45.

2. Amendment of section, including repealer of table 480, and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§481. Pipes and Fittings for Vapor Lines Where the Pressure Is 20 PSI or Less. [Repealed]

Note • History

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

4. Amendment of subsections (d) and (f) filed 4-13-82; effective thirtieth day thereafter (Register 82, No. 16).

5. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§482. Hose Specifications. [Repealed]

History

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§483. Pressure Gages. [Repealed]

History

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§484. Vaporizer Installation.

Note • History

(a) Surge tanks, gas-air mix tanks, etc., containing vapor only, shall be located at least 3 feet from important buildings and property lines. Such tanks operating at pressures exceeding 20 psi shall be located not less than 10 feet from any building opening, whereas such tanks exceeding 501 gallons shall be located not less than 25 feet from any building opening.

(b) The use of direct-fired container heaters is prohibited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

4. Amendment of section and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§485. Safety Valves. [Repealed]

History

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment of subsection (f) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

4. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

5. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§486. Regulators. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. New section filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

2. Repealer filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

§487. Regulator Installation. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. New section filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

2. Repealer filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

§488. LP Gas Tank Inspection Fees.

Note • History

See the Division of Occupational Safety and Health's regulations contained in Chapter 3.2, Group 2, Title 8, California Code of Regulations. The regulations for LP Gas tank inspection fees are reprinted in Appendix C of these orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Repealer and new section filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13). For history of former section, see Register 76, No. 32.

2. Amendment of section and Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§489. Warning Signs.

Note • History

(a) All containers in excess of 125 gallons, except transportation containers and fuel containers on motor vehicles, shall have the word “FLAMMABLE” on each side that is readily visible. The letters of this sign shall be in standard-type letters and shall have a height of at least 1/12 of the diameter of the container, but need not be in excess of 1 1/2 inches for containers of 500 gallons capacity or less or 4 inches for containers exceeding 500 gallons capacity.

(b) Warning signs with the words “NO SMOKING, OPEN FLAMES OR OTHER SOURCE OF IGNITION PERMITTED WITHIN ______ FEET” shall be applied in letters at least 1 1/2 inches high, in sharply contrasting colors, on each stationary container or on a sign posted adjacent to the container. This sign shall also be posted adjacent to all loading and unloading terminals located more than 50 feet from the container.

(c) When 2 or more containers are installed in battery, the requirement of Sections 489 (a) and (b) will be considered as being complied with when the required warning signs are prominently displayed on all 4 sides of such battery of containers.

The distance shall be that shown on the following table:

Volumetric capacity of Minimum distance

Containers (in U.S. gallons) from source of ignition

125 to 500 inclusive 10 feet

501 to 2,000 inclusive 25 feet

Over 2,000 50 feet

(d) The warning signs required in Section 489(b) shall be posted on each exterior wall of each room or building used for filling or storage of cylinders.

(e) When LP-Gas and one or more other gases are stored or used in the same area, the containers shall be marked to identify their content. Markings shall be in compliance with ANSI Z48.1-1992, “Method of Marking Portable Compressed Gas Containers To Identify the Material Contained.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment of subsection (a) filed 5-4-77 as an emergency; effective upon filing (Register 77, No. 19). For prior history, see Register 76, No. 32.

2. Amendment of subsection (a) filed 8-18-77; effective thirtieth day thereafter (Register 77, No. 34).

3. Amendment of section and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§490. Installation of Fuel Tanks for Motor Vehicles. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (g)(1) filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

2. Repealer of subsections (h)(3) and (h)(4) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

3. Amendment of subsection (g)(4) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

4. Editorial reprinting of 7-8-85 order and correction of Register 85, No. 28 revision record sheet changing Chapter 3.5 to Chapter 4, Subchapter 1 (Register 85, No. 38).

5. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§491. Installation of Fuel Tanks and Cylinders Used on Tar Pots, Weed Burners, Etc. [Repealed]

History

HISTORY

1. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§492. Use of Tanks and Cylinders of Less than 60 U.S. Gallons. [Repealed]

History

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsections (a) and (c) and new subsection (f) filed 10-17-75; effective thirtieth day thereafter (Register 75, No. 42).

3. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

4. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

5. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§493. Storage or Utilization of LP-Gas Within Buildings. [Repealed]

History

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 11-7-75; effective thirtieth day thereafter (Register 75, No. 45).

3. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

4. Repealer filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

§494. Repairs and Alterations.

Note • History

(a) No repairs or alterations involving flame, arc, or other method of welding shall be made on any container cylinder, or system unless such container, cylinder, or system shall first have been certified as gas free or oxygen free by a qualified person.

(b) No repair or alteration affecting the safety of any container or cylinder shall be made until the contemplated repair or alteration has been authorized by a qualified inspector. The owner or user of the LP-Gas container shall ensure that the repair or alteration is performed by a company with a valid ASME “U” or a National Board “R” Certificate of Authorization. The exchange or interchange of valves, fittings, and accessories intended for the same purpose shall not be considered a repair or alteration.

(c) No container or cylinder that has been subjected to a fire shall be returned to service until it has been inspected by a qualified inspector and found to be safe.

Any container or cylinder which has suffered mechanical damage causing dents or other deformation exceeding a depth of 1 1/2 times the thickness of the deformed head or shell or two percent of the container diameter, whichever is greater, shall be re-formed to its original shape or otherwise repaired as provided in these Orders.

(d) Any vessel requiring repair or alteration or that has been subjected to a fire shall not be recharged until it has been retested in accordance with the requirements for its original hydrostatic test and found to be suitable for continued service, when such test is deemed necessary by the qualified inspector.

(e) The owner or user of the LP-Gas container shall ensure that all repairs or alterations affecting the safety of LP-Gas tanks are reported to the Division within 21 days by the ASME “U” or National Board “R” certificate holder making such repairs or alterations using the appropriate National Board Form, “R-1”, Report of Welded Repair, or “R-2”, Report of Alteration, or equivalent (See Appendix D). The owner or user shall ensure that the qualified inspector stamps his/her certificate of competency number adjacent to all welded repairs authorized by him/her, except that in the case of repairs to quenched and tempered steels, this number need not be stamped. This exception shall be noted in the inspector's report.

(f) Any welding necessary when making repairs or alterations to containers shall be done by a welder qualified in accordance with Section IX of the ASME Code in the position or positions used in making the repair.

(g) Repairs to DOT cylinders shall be made under DOT regulations and control in accordance with the requirements of 49 CFR Section 173.34.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 13241, Health and Safety Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of section and new Note filed 12-4-96; operative 1-3-97 (Register 96, No. 49).

3. Amendment filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

Article 6. Anhydrous Ammonia

INTRODUCTION

The provisions of Article 6 need not apply to anhydrous ammonia installations up to the point of delivery to a transportation tank in plants manufacturing this product or in refrigeration plants where ammonia is used solely as a refrigerant; provided, however, that tanks used in such plants be designed and constructed in accordance with the provisions of Article 2, and shall be maintained and operated in accordance with the provisions of Article 4 of these Orders.

HISTORY

1. Amendment of introduction filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§500. Approval of Devices.

History

(a) All devices which are used in anhydrous ammonia service shall be of a type and construction suitable for the use to which they are put. They shall preferably be listed by at least one nationally recognized testing laboratory such as, but not limited to, Underwriters Laboratories, Inc. and Factory Mutual Engineering Corp. (For the purposes of this paragraph, the word “listed” means that equipment is of a kind mentioned in a list which is published by a nationally recognized laboratory which makes periodic inspection of the production of such equipment, and states such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner.)

The Division may approve or accept devices upon satisfactory evidence that they are designed and constructed for safe operation in anhydrous ammonia service.

Drawings and calculations for custom-built devices must be submitted to the Division for acceptance. Both the drawings and calculations must be signed by a registered professional engineer.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§501. Installation of Aboveground Storage Tanks for Other Than Refrigeration Service.

History

(a) Stationary tanks shall be installed aboveground on firm masonry or concrete foundations, or on full length skids providing a bearing area limiting foundation loadings to not more than 2,000 pounds per square foot. Unless supported by continuous skids welded to pads on the tank shell, aboveground horizontal storage tanks shall have no more than 2 points of support longitudinally. Where necessary, tanks shall be securely anchored or weighted to prevent floating.

A tank may be installed on saddles, directly on concrete foundations, or it may be supported by properly designed metallic structural supports. When the tank is installed directly on concrete foundations, a corrosion pad shall be provided at the points of contact with the foundation. These corrosion pads shall be at least 3/16 inch thick, and shall have a width at least equal to the width of the foundation at the point of contact with the tank, but in no case shall they be less than 8 times the shell thickness in width.

When corrosion pads or pad-type steel supports are used, the pad shall have rounded or semielliptically shaped ends, and shall be attached to the shell with a continuous seal weld. Corrosion pads shall be not less than 1/4 the circumference of the shell in length.

Unless installed on concrete pads, skid tanks shall be placed on engineered soil or road base topped with well-drained gravel or oiled sand, capable of supporting 2,000 pounds per square foot.

Sufficient space shall be provided between stationary storage tanks to permit access for fire fighting. This space shall not be less than 5 feet for tanks over 1,200-gallon capacity. Tanks exceeding 1,200-gallon capacity shall be so installed that the bottom outside surface of the tank is at least 12 inches above ground level.

(b) All tanks over 1,200-gallon capacity shall be installed on foundations in such a manner as to permit expansion and contraction. Every tank shall be so supported as to prevent the concentration of excessive loads on the tank at the points of support. All foundations and fastenings shall be designed to provide reasonable safety under imposed loadings, including wind, earthquake, vibrations, etc.

(c) Containers shall be located outside of buildings, or in buildings or sections thereof especially equipped for this service. Consideration shall be given to the adverse health effects of ammonia, as well as the adjacent fire hazards, when selecting the location for a storage container.

Storage areas shall be kept free of readily ignitible materials such as waste, weeds, and long dry grass.

Stationary storage tanks shall be located with relation to property lines, residential buildings, highways, etc., in accordance with the following table:

Minimum distance (feet) from tank to

Line of prop-

erty adjoining Highway or

Capacity of tank in which may main track Residential

U.S. gallons be built upon of railroad building

1,200 and less 50 25 50

Over 1,200 to and including 30,000 50 50 50

Over 30,000 to and including 70,000 65 50 65

Over 70,000 to and including 500,000 100 50 100

Over 500,000 150 50 150

Minimum distance (feet) from tank to

Any Building or

area used by

the public for

deliberation,

worship,

education, Hospital, Open well,

entertainment, jail or reservoir,

amusement, other or other

Capacity of tank in or awaiting similar source of

U.S. gallons transportation institutions potable water

1,200 and less 250 750 50

Over 1,200 to and including 30,000 400 1,000 100

Over 30,000 to and including 70,000 520 1,300 100

Over 70,000 to and including 500,000 800 2,000 200

Over 500,000 1,000 2,500 200

Electrical equipment and wiring for use in ammonia installations shall be general purpose or weather resistant as appropriate.

Electrical systems shall be installed and maintained in accordance with the Electrical Safety Orders.

(d) Where vehicle impact is possible or likely stationary tanks shall be protected against vehicle damage by a rugged fence, suitable crash posts, curbs, or other acceptable protection. All storage tanks located where unauthorized tampering is possible shall be surrounded with a rugged steel fence or equivalent, or all liquid and vapor outlets shall be kept effectively locked when not in use.

(e) All stationary storage tanks exceeding 1,200 gallons capacity shall have the loading and unloading connections secured to a concrete bulkhead or equivalent designed to withstand a horizontal pull of not less than 2,000 pounds in any direction, unless other suitable protection is provided. This bulkhead shall not be located underneath the tank. The loading and unloading connections shall be firmly secured to this bulkhead and the piping between the bulkhead and tank shall be installed in a manner to provide for expansion, contraction, jarring, vibrations, settling, etc. For skid tanks exceeding 1,200 gallons capacity, such loading and unloading connections shall be securely fastened to the skid or to the tank supports.

2,000 pounds may not be adequate for all sizes of loading and unloading hoses and connections.

(f) Where excess-flow valves [See Section 507 (e)] are used, liquid and vapor lines shall be at least full size from the excess-flow valve in the tank to the point of discharge or an additional excess-flow valve or equivalent shall be located as close to the point of pipe size reduction or other restriction as is practical, unless the excess-flow valve in the tank is designed to operate at the reduced flow condition, in which case the excess-flow valve in the tank may suffice.

Where excess-flow valves are used and 2 or more tanks are installed in battery, with common loading and/or unloading lines, the common liquid and vapor lines shall be fitted with excess-flow valves or equivalent (unless the common line has a cross-sectional area equal to or in excess of the combined areas of the individual tank lines; or unless the excess-flow valves are designed to operate at the reduced flow condition, in which case the excess-flow valve in the tank may suffice). Where additional excess-flow valves are used in common loading and/or unloading lines, the additional excess-flow valve or equivalent shall be located as close to the point of restriction as practical.

A quick-closing manually operated valve may be considered equivalent to an excess-flow valve at the point of pipe size reduction or other restriction providing:

(1) It is equipped with a means of closing the valve manually from a point remote from the delivery connection.

(2) The loading and/or unloading line in which it is located is secured to a bulkhead complying with Section 501 (e).

(3) The quick-closing valve is in the pipeline on the tank side of the bulkhead.

(g) Tanks installed in battery shall be so installed that the top surfaces of the tanks are substantially in the same horizontal plane.

(h) The following minimum equipment shall be installed, properly maintained, and readily available for use at all stationary storage tanks in readily accessible locations.

(1) At least two full face respiratory devices in compliance with Section 5144; preferably one self contained breathing apparatus, and one NH3 gas mask with spare canister.

(2) One pair NH3 resistant gloves.

(3) One pair NH3 resistant boots.

(4) NH3 resistant pants and jacket and/or slicker.

(5) One quick-acting deluge shower and bubble fountain or other method of simultaneously washing both eyes with clean water.

The minimum water supply shall be a 50-gallon container of clean water.

(6) One first-aid kit in compliance with Section 3400 or 3439.

(7) One fire extinguisher conforming to the provisions of California Administrative Code, Title 19, Chapter 1, Subchapter 3, and having a rating of not less 40B-C.

The employer shall have a program of periodic inspection of the above emergency equipment to maintain it in serviceable condition.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsections (a), (c), (d), and (h) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

3. Amendment of subsection (a) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

4. Amendment of subsection (f) filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

§502. Warning Signs.

History

(a) Except as noted in Section 502 (b), all anhydrous ammonia tanks 60 gallons capacity or more shall have warning signs provided on at least 2 sides with the words “Caution--Ammonia” in sharply contrasting colors, with letters at least 1/12 of the tank diameter in height, but need not be in excess of 1 1/2 inches for tanks 500 gallons capacity or less or 4 inches for tanks exceeding 500 gallons capacity.

(b) All tanks used for the transportation of ammonia on the highways shall be marked as specified by the DOT and adopted by Section 1222, California Administrative Code, under authority of Section 34500, Vehicle Code. These markings also will be acceptable to the Division in lieu of the markings required under Section 502 (a) for such tanks in off-highway service.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. New subsection (c) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§503. Portable Tanks.

History

(a) Portable tanks installed as permanent installations for periods of time exceeding 90 days shall be in compliance with Section 501.

Portable tanks filled at point of use shall be installed substantially level. A safe and accessible source of clean water (minimum 5 gallons) shall be immediately available to enable an employee to wash his eyes in case of accidental sprays or spillage. If a container is used, it shall have a suitable opening to permit the application of water to flush the eyes.

(b) Portable tanks shall comply with these orders, and legs or other supporting structures shall be secured to tanks in accordance with the code or rules under which the tank is designed and built, and shall be designed to withstand a loading in any direction equal to the loaded weight of the tank when filled to the maximum permissible level with a factor of safety of at least 8.

(c) Fittings on all portable tanks shall be installed in recessed wells or otherwise protected to prevent damage to the fittings during transportation and use.

(d) When portable tanks are transported from 1 location to another, they shall be securely fastened to the transporting vehicle.

(e) When containers are mounted on four-wheel trailers, care shall be taken to insure that the weight is distributed evenly over both axles.

(f) When the cradle and the tank are not welded together suitable material shall be used between them to eliminate metal-to-metal friction.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. New subsections (e) and (f) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

3. Editorial correction of subsection (a) (Register 95, No. 45).

§504. Installation of Tanks on Transportation and Bulk Delivery Vehicles.

History

(a) Transportation tanks mounted on truck or trailer frames shall be placed on saddles or bolsters with the center of gravity as low as possible. Such saddles, bolsters, and/or other fastenings shall be designed to withstand a loading in any direction equal to the loaded weight of the tank when filled to the maximum permissible level with a factor of safety of at least 8. Transportation tanks of the so-called “frameless-type” shall not be used in anhydrous ammonia service until the design of the tank and tank supports has been submitted to the Division and found acceptable. The installation must also comply with DOT requirements.

All transportation trailers shall be firmly and securely attached to the vehicle drawing them by means of suitable drawbars supplemented by a safety chain (or chains) or safety cables.

Every transportation trailer or semitrailer shall have a reliable system of brakes, and adequate provision shall be made to operate the brakes from the driver's seat.

Every transportation trailer shall be equipped with self-energizing brakes.

Transportation trailers shall be so designed that the towed vehicle will follow substantially in the path of the towing vehicle and will not whip or swerve dangerously from side to side.

Where a fifth wheel is employed, it shall be ruggedly designed, securely fastened to both units, and equipped with a positive locking mechanism which will prevent separation of the two units except by manual release.

(b) Every transportation tank shall be protected by a suitable steel bumper attached to the vehicle chassis or equivalent.

(c) All fittings on transportation tanks not protected by the vehicle frame shall be located in recessed wells or otherwise suitably guarded. Any such guards shall be designed to minimize the possibility of rupturing the tank head or shall in case of vehicular accident. The recessed well, if used, shall be of sufficient size and depth that the top of all fittings will be located below the tank shell or head line. The recessed well for safety relief valves shall be located at the top center of the tank and shall be equipped with an unlocked hinged cover or equivalent.

(d) No anhydrous ammonia piping or valves shall be installed within the cab or driver's compartment of a truck.

(e) All piping and fittings on the bottom of transport and bulk delivery tanks shall be adequately guarded.

(f) All tank trucks and all trucks pulling tank trailers used to transport anhydrous ammonia over 1,200 gallons water capacity shall be equipped with the following minimum safety equipment which shall be properly maintained and readily available for use:

(1) One pair of NH3 resistant gloves.

(2) Full face mask for ammonia service

(3) One fire extinguisher conforming to the provisions of Article 157 of the General Industry Safety Orders and having a rating of not less than 20B-C.

(4) A container of not less than 5 gallons of fresh water, so located as to permit immediate application. This container shall have a suitable opening to permit rinsing of eyes.

(g) Each liquid withdrawal opening 2 inches nominal pipe size or larger on transportation tanks and bulk delivery vehicles over 1,200 gallons capacity shall be fitted with a remotely controlled internal shutoff valve of the type listed in Sections 507 (e) (3) through (5). Such tanks over 3,500 gallons capacity shall have 2 remote stations for the valve controls, 1 at each end of the tank and diagonally opposite each other.

One control mechanism at each control station may be used to operate all such remotely controlled valves.

All replacement valves for the above service shall comply with these Orders, if the openings in the tank are adaptable for conversion.

(h) Where excess-flow valves [See Section 507 (e) (2).] are used, all liquid and vapor lines shall be at least full size from the excess-flow valves in the tank to the point of discharge or an additional excess-flow valve or equivalent shall be located as close to the point of pipe size reduction or other restriction as is practical, unless the excess-flow valve in the tank is designed to operate at the reduced flow conditions, in which case the excess-flow valve in the tank may suffice.

Where excess flow valves are used on tank trucks having 2 or more tanks with common loading and/or unloading lines, the common liquid or vapor lines shall be fitted with an excess-flow valve or equivalent in the common line in addition to the excess-flow valve in the tank opening (unless the common line has a cross-sectional area equal to or in excess of the combined areas of the individual tank lines or unless the excess flow valves in the tank are designed to operate at the reduced flow condition, in either of which case the excess-flow valve in the tank may suffice). Where additional excess-flow valves are used in common loading and/or unloading lines, the additional excess-flow valve or equivalent shall be located as close to the point of restriction as is practical.

A quick-closing manually operated valve may be considered equivalent to an excess-flow valve at the point of pipe size reduction or other restriction providing:(1) It is equipped with a means for closing the valve manually from a point remote from the transfer hose connection.(2) The loading and/or unloading line in which it is located is secured to the tank or vehicle framework a required by Section 504 (i).(3) The quick-closing valve is located on the tank side of the structure used to secure the line or lines to the tank or vehicle frame.

(i) All liquid and vapor lines shall be adequately secured to the vehicle frame or tank. The device used to secure the lines shall be so designed that it will withstand the load imposed by the strongest hose and hose fitting to be used in the transfer operations without breaking, or 2,000 pounds, whichever is greater.

(j) All piping and fittings on transport and bulk delivery tanks shall be adequately guarded. The use of anhydrous ammonia hose between the tank and the transfer hose connection shall be limited to not more than 3 sections of metallic hose not over 24 inches in length in each liquid and vapor line. Such lengths of hose shall be used only where necessary to provide flexibility and shall not have 1 section of hose connected to another section of hose. Each section shall be so installed that it will be protected against mechanical damage and be readily visible for inspection. The manufacturer's identification required in Section 510 (b) shall be retained on each section.

(k) All transportation tanks shall be equipped for spray loading (filling in the vapor space), with an approved vapor return valve of adequate capacity.

HISTORY

1. Amendment of subsections (g), (h) and (j) filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsections (a) and (f) and new subsection (k) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

3. Repealer and new subsection (f) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

§505. Installation of Mobile Storage Tanks.

History

(a) Mobile storage tanks shall meet the requirements of Section 504 except that:

(1) The design of saddles, bolsters, and/or other fastenings may be based on the empty weight of the tank for other than vertical loadings.(2) In addition to the requirements of Section 504 (f), there shall be available a container of not less than 50 gallons of fresh water unless there is immediately available another safe, reliable, and accessible source of water.

(b) When containing NH3 liquid, mobile storage tanks shall be located in accordance with Section 501 (c).

(c) Mobile storage tanks shall be maintained substantially level and be securely blocked against accidental movement and shall be adequately supported independently of the wheels when containing NH3 liquid.

(d) Only flexible connections shall be made to mobile storage tanks. No permanent piping to other installations is permitted. The loading and unloading connections shall be securely fastened to the vehicle frame or to the tank supports.

(e) All liquid shall be removed from mobile storage tanks before being moved to a new location.

(f) Unless surrounded by a rugged steel fence or equivalent, all liquid and vapor outlets shall be kept effectively locked when unattended.

(g) Transportation tanks shall not be used as mobile storage tanks without written permission from the Division, unless they are in full compliance with both Sections 504 and 505.

HISTORY

1. Amendment of subsection (b) filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

§506. Installation of Tanks Mounted on Farm Machinery.

History

(a) Tanks or cylinders used to furnish anhydrous ammonia to agricultural applicator tanks and tanks used on applicators, etc., shall be so installed that the bottom of the container and/or any outlet connection, including hose, shall not be lower than the lowest horizontal edge of the vehicle axle when fully loaded. These tanks shall be secured to prevent jarring loose, slipping, or rotating of the tanks while in service. Such supports and fastenings shall be designed to withstand a loading in any direction equal to the loaded weight of the tank when filled to the maximum permissible level with a factor of safety of at least 8.

Field welding where necessary, shall be made only on nonpressure parts that were installed by the manufacturer of the tank.

(b) The connections between the applicator tank and pressure-reducing valve shall be extra heavy fittings and Schedule-80 pipe, high-pressure anhydrous ammonia hose (1750 psi minimum bursting pressure), or equivalent, and where exposed, shall be protected against physical damage. All main shutoff valves shall be readily accessible while the unit is in normal operation. All shutoff valves shall be suitably protected against physical damage.

(c) While in use on farm machinery, each skid tank, applicator tank, or combination thereof shall have securely attached a container holding not less than 5 gallons of fresh water. This container shall have a suitable opening to permit the application of water to flush the eyes.

The container of fresh water required by this subsection may be attached to the tractor or other source of power used to tow the vehicle or device on which the tank is used.

(d) All trailers shall be securely attached to the vehicle drawing them by means of drawbars supplemented by suitable safety chains.

(e) A trailer shall be constructed so that it will follow substantially in the path of the towing vehicle and will not whip or swerve dangerously from side to side.

HISTORY

1. Amendment of subsection (a) and new subsections (d) and (e) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§507. Piping, Valves, and Fittings for Liquid and Vapor Lines.

History

(a) All pipe between the tank and first shutoff valve shall be at least Schedule 80.

All fittings between the tank and the first shutoff valve shall be steel as required by Section 507 (c), first paragraph.

Aboveground piping in excess of 1 1/2-inch pipe size may be Schedule 40 when used beyond the first shutoff valve provided welded, or welded and flanged connections are used.

All other piping shall be Schedule 80.

All piping shall be tested after assembly and proved free of leaks at a pressure of not less than its normal operating pressure or 150 psi, whichever is greater.

Flammable material shall not be used for the installation acceptance pressure test.

All welded piping shall be fabricated and tested in accordance with the ANS Standards Code for Pressure Piping, Section 3, Petroleum Refinery Piping B-31.3, 1966 Edition or equivalent.

All refrigerated piping shall conform to the Refrigeration Piping Code, American National Standards Institute, B-31.5-1966 with addenda B-31.1a-1968 as it applies to ammonia.

Hose shall not be used in lieu of piping between the tank and loading and/or unloading connection, except that a section of metallic hose, not to exceed 24 inches in length may be used in each pipeline to provide flexibility and except as provided in Section 504 (j). The manufacturer's identification required in Section 510 (b) shall be retained on each section.

(b) All piping shall run as directly as practical, with suitable provision for expansion, contraction, jarring, vibrations, and settling. Piping may be either buried or installed aboveground, and shall be well supported and protected against physical damage. All underground piping shall be buried not less than 18 inches below the surface of the ground unless otherwise protected, and shall be adequately coated or otherwise protected against corrosion. Pipe coated as follows will be considered acceptable:

(1) Clean and prime.

(2) Coat with asphalt enamel.

(3) Wrap with forty-pound felt.

(4) Coat with asphalt enamel.

(5) Wrap with forty-pound felt.

(6) Coat with asphalt enamel.

(7) Wrap with Kraft paper.

Equivalent wrapping will be accepted at the discretion of the Division.

(c) All steel fittings used with Schedule 80 pipe shall be Schedule 80 if butt welded, 3,000 pound WOG if socket welded, and 2,000 pound WOG forged steel if threaded.

All other steel fittings shall have a rating of at least Schedule 40 if butt welded and 2,000 pound WOG if socket welded or threaded. Threaded connections shall not be seal welded.

Joint compounds shall be resistant to ammonia.

All other valves and fittings shall be of a type suitable for use with anhydrous ammonia and shall have a pressure rating of at least 400 psi WOG. Valve seat material, packing, gaskets, etc., shall be suitable for anhydrous ammonia service.

(d) The use of the following is prohibited:

(1) Valves, cocks, and pipe fittings of semisteel other than ASTM Specification Nos. A 536-67, Grade 60-40-18; A 395-68; A 445-66; A 47-68, Grade 35018; unless they have a pressure rating of not less than 600 psi WOG. In no case shall valves of semisteel other than the 4 ASTM Specifications listed above be used for primary stop valves.

Cast iron fittings made specifically for anhydrous ammonia service, meeting ASTM A-126-66, class B or C, may be used for secondary service if they have a service rating of at least 600 psi.

(2) Street ells and screwed service tees unless they are extra-heavy forged construction.

(3) Valves of a design that will allow the valve stem to be removed without removal of the complete valve bonnet, unless the flow is restricted by an inlet orifice to not more than 54 drill gage size.

(4) Ordinary solid-wedge-type gate valves unless there is another stop valve of acceptable type between the gate valve and tank.

(5) Valves with valve stem packing glands which cannot be repacked under pressure, unless there is another valve of acceptable type between it and the tank.

(6) Threaded aluminum fittings and/or adapters that are required to be connected or disconnected as part of the filling or transfer operation.

(7) Copper and brass pipe, fittings, valves, etc.

(8) Pipe, fittings, etc., that are galvanized or otherwise plated with material which is attacked by ammonia where such plating or galanizing is exposed to ammonia.

(e) Except for service valves, safety relief valves, and gaging connections, all liquid and vapor connections shall have 1 of the following installed directly in the tank connections:

(1) Connections up to and including 4-inch pipe size:

(A) A back-pressure check valve.

(B) An excess-flow valve.

Excess flow valves shall be designed with a bypass, not to exceed a No. 60 drill-size opening to allow equalization of pressures.

All excess flow valves shall be plainly and permanently marked with the name or trademark of the manufacturer, the catalog number, and the rated capacity.

(C) A manually operated check valve (internal valve) equipped with means for closing the valve from a point remote from the delivery connection and with such control mechanism fitted with a fusible section having a melting point of 208 degrees Fahrenheit to 220 degrees Fahrenheit which will cause the valve to close automatically in case of fire.

(D) A positive check valve (internal valve) which can be operated manually and which will close automatically on excess-flow conditions and which can be closed manually from a point remote from the delivery connections. Such valve shall also incorporate a fusible section as required in Section 507 (e)(1)(C) which will cause the valve to close automatically in case of fire.

(E) A positive check valve (internal valve) which is normally closed and which is opened by pump discharge pressure and which can be closed manually from a point remote from the delivery connections. Such valve shall close automatically with a reduction of pump discharge pressure and shall also incorporate a fusible section as required in Section 507 (e)(1)(C) which will cause the valve to close automatically in case of fire.

Note: Service valve as used in this order is limited to vapor valves screwed into vessel outlets not larger than 3/4-inch pipe size and having an inlet internal diameter in the valve body not exceeding the internal diameter of a 1/2-inch Schedule 80 pipe.

(2) Valves larger than 4 inch pipe size need not be installed directly in a tank connection, under the following conditions:

(A) The valve must be installed at the first flange or welded joint immediately outside the container in such a manner that any undue strain beyond the valve will not cause breakage between the tank and the valve.

(B) Automatically or remotely controlled valves, or both, of the fail safe type, shall be used. They must also be capable of manual operation.

(D) Acceptance of the valves by the Division must be requested prior to installation.

(E) Where cables are used for remote operation, the control must be fitted with a fusible section having a melting point of 208 Fahrenheit to 220 Fahrenheit, which will cause the valve to close automatically in case of fire.

(f) In addition to the valves required in Section 507 (e), all liquid and vapor connections other than safety relief valve and gaging connections shall be fitted with a manually operated shutoff valve located:

(1) As close to the tank as practicable in all pipelines on connections not included in Section 507 (f)(2) or (3).

(2) In the loading and/or unloading pipelines between the tank and the pump, compressor, meter, or bulkhead, whichever is nearest the tank and in each branch line where it leaves a loading and/or unloading line. This applies only to pipelines on stationary tanks having the loading and/or unloading lines secured to bulkheads specified in Section 501 (e) and having valves complying with Section 507 (e)(1)(D) or (E) installed in the tank connections of such pipelines.

When a pump is attached directly to a valve complying with Section 507 (e)(1)(D) or (E), the manually operated shutoff valve required by this Order may be located between said pump and the meter or bulkhead, whichever is nearest the tank.

(3) In the loading and/or unloading pipelines between the tank and the device used to secure the pipeline as required in Section 504 (i). This applies only to pipelines on transportation tanks having valves complying with Section 507 (e)(1)(D) or (E) installed in tank connections of such pipelines.

(g) Every liquid pipeline or hose that can be isolated by 2 or more stop valves shall have a safety relief valve installed in the pipeline or hose to prevent excessive hydrostatic pressure. The safety relief valve required by this subsection shall start to discharge at not less than 300 psi, nor more than 400 psi, and it must relieve to the atmosphere at a safe point of discharge.

(h) All valves, regulators, gaging, and other tank accessory equipment shall be protected against physical damage.

(i) All tank connections requiring manually operated shutoff valves shall be labeled or tagged to indicate whether they communicate with the liquid or vapor space.

(j) The liquid fill line used to transfer anhydrous ammonia from transportation tanks exceeding 3,500 gallons capacity to storage tanks exceeding 2,000 gallons capacity shall be equipped with a backflow check valve to prevent discharge of anhydrous ammonia from the receiving tank in case of hose rupture. This is not intended to prevent transferring anhydrous ammonia from containers, other than transportation tanks exceeding 3,500 gallons capacity, into storage tanks through the load-out line.

(k) All tanks shall be equipped with vapor return valves.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Repealer of subsection (e) and new subsection (e) filed 8-30-74; effective thirtieth day thereafter (Register 74, No. 35).

3. Amendment of subsections (a), (c), (d), (e), (g) and new subsection (k) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

4. Repealer and new subsections (e) and (f) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

§508. Gaging Devices.

History

(a) A permanent dip pipe shall be installed in all tanks designed to be filled by volume, and shall be of such length that it will indicate when the tank is 86 1/2 percent full. The fixed dip pipe required in this order shall be permanently installed in the tank.

Each applicator container shall have a fixed liquid-level gage.

(b) Each tank filled by volume shall be equipped with a liquid level gaging device, such as a rotary gage, a slip tube, an automatic gage, a magnetic gage, or a series of fixed dip pipes, to show the liquid level in the tank at any time. This gaging device shall be in addition to the fixed dip pipe required in Section 508 (a).

A thermometer well shall be provided in all storage tanks over 1,200 gallons capacity not equipped with a fixed dip pipe, and in all transportation tanks.

(c) Liquid level gaging devices that require bleeding of the product to the atmosphere, such as rotary gages, dip pipes, or slip tubes, shall be so designed that the maximum opening of the bleeder valve is not larger than No. 54 drill size.

(d) Liquid level gaging devices shall be designed for a working pressure of not less than 300 psi ANS rating.

(e) Tubular-type gage glasses shall not be used.

(f) Each transportation tank exceeding 1,200 gallon capacity shall have a pressure gage installed with the dial graduated to approximately double the operating pressure but in no case less than 1.2 times the pressure at which the pressure relieving device is set to function.

Each farm vehicle tank over 250 gallons and each storage container shall be provided with a pressure gage graduated from 0 to 400 p.s.i. Gages shall be designated for use in ammonia service.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsections (a), (b) and (f) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§509. Transfer of Liquids.

History

(a) No anhydrous ammonia shall be vented to the atmosphere during the transfer operation unless the vent is led to a safe point of discharge.

Anhydrous ammonia shall not be stored in or transferred into a container at a temperature lower than that shown on the nameplate.

Containers shall be charged or used only upon authorization of the owner.

(b) No gas other than anhydrous ammonia vapor shall be used to displace anhydrous ammonia during the transfer operation.

(c) All filling connections and/or permanently installed transfer hoses shall be equipped with a shutoff valve at the discharge end and shall be kept effectively capped when not in use. These caps or plugs may be plastic or metallic, but must be so designed that they will be vented to the atmosphere while at least 3 full threads are engaged.

(d) During the transfer of anhydrous ammonia, at least 1 attendant familiar with the installation shall remain in attendance at the controls necessary to stop the transfer operation. This attendant shall be considered familiar with the installation only after he has been provided with a set of operating instructions for the unloading operation and has been instructed through a minimum of 3 full cycles of operation. During the transfer of anhydrous ammonia into or from a transportation tank, the brakes of the transporting vehicle shall be set and the wheels blocked.

Provisions for unloading tank cars shall conform to the applicable recommendations contained in the DOT regulations. See 560(e) for Railroad Tank Car Loading and Unloading.

(1) Caution signs shall be so placed on the track or car as to give necessary warning to persons approaching the car from open end or ends of siding and shall be left up until after the car is unloaded and disconnected from discharge connections. Signs shall be of metal or other suitable material, at least 12 by 15 inches in size and bear the words “STOP--Tank Car Connected” or “STOP--Men at Work” the word, “STOP,” being in letters at least 4 inches high and the other words in letters at least 2 inches high. The letters shall be white on a blue background.

(2) The track of a tank car siding shall be substantially level.

(e) No anhydrous ammonia shall be transferred with the point of delivery less than 10 feet from any residential building, street, public highway, or sidewalk unless the failure to transfer would create a hazard.

(f) All pumps and compressors used for the transfer of anhydrous ammonia shall be suitable for this service and shall be equipped with a pressure-actuated bypass valve and/or other acceptable device to prevent pressure in the transfer equipment of more than 400 psi unless the piping system is specifically designed for higher pressures. In no case shall safety relief valves used for this purpose be set to open at pressures of less than 325 psi or more than 400 psi.

(1) Pumps shall be designed for at least 250 p.s.i. working pressure. Positive displacement pumps shall have, installed off the discharged port, a constant differential relief valve discharging into the suction port of the pump through a line of sufficient size to carry the full capacity of the pump at relief valve setting, which setting and installation shall be according to the pump manufacturer's recommendations.

On the discharge side of the pump, before the relief valve line, there shall be installed a pressure gage graduated from 0 to 400 p.s.i.

Plant piping shall contain shutoff valves located as close as practical to pump connections.

(2) Compressors used for transferring or refrigerating ammonia shall be recommended for ammonia service by the manufacturer.

Compressors shall be designed for at least 250 p.s.i. working pressure.

Plant piping shall contain shutoff valves located as close as practical to compressor connections.

A relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shutoff valve.

Compressors shall have pressure gages at suction and discharge graduated to at least one and one-half times the maximum pressure that can be developed.

Adequate means, such as drainable liquid trap, shall be provided on the compressor suction to minimize the entry of liquid into the compressor.

Where necessary to prevent contamination, an oil separator shall be provided on the discharge side of the compressor.

(g) The filling densities for containers that are not refrigerated shall not exceed the following:

Percent Percent

Type of Container By Weight By Volume

Uninsulated 56 82

Uninsulated (see 509(h) ) 87.5

Insulated 57 83.5

D.O.T. In accordance with D.O.T. Regulations

(h) Uninsulated containers may be charged 87.5 percent by volume provided the temperature of the anhydrous ammonia being charged is determined to be not lower than 30o F or provided the charging of the container is stopped at the first indication of frost or ice formation on its outside surface and is not resumed until such frost or ice has disappeared.

Any container, including DOT cargo and portable tanks, shipped under DOT jurisdiction shall be filled according to DOT regulations.

(i) Every portable unloading facility shall comply with the following additional requirements:

(1) A set of written instructions shall be posted at the location or supplied to the operating personnel, describing in detail the proper procedures to follow in operating the transfer equipment.

(2) A container of at least 5 gallons of fresh water shall be located at this facility. This container shall have a suitable opening to permit the application of water to flush the eyes. (A suitable deluge-type, fresh-water shower may be installed in lieu of the above if connected to a reliable source of supply.)

(3) The point of delivery from portable transfer facilities shall be in compliance with the requirements for stationary tanks, as listed in Section 501 (c); except that such point of delivery may be less than 50 feet but not less than 25 feet, from a highway or main track of a railroad.

(4) The working area at the portable transfer facility shall be kept clear of debris, and all compressors, pumps, hoses, valves, etc., shall be protected from vehicle impact. Such equipment shall also be suitably locked or otherwise confined when unattended, to prevent the release of ammonia to the atmosphere by unauthorized persons.

(5) The portable unloading facility must be secured at the end of each period of operation; i.e., the point at which it becomes unattended, the end of a workday, etc.

The facility will be considered secured when all ammonia liquid is confined in the pressure vessel and the gas pressure in any hose is less than 25 psi.

(6) All pressure vessels, hoses, piping, fittings, etc., shall be as required elsewhere in these orders for anhydrous ammonia in the liquid state (high pressure).

Portable transferring facilities for anhydrous ammonia is defined as any site at which anhydrous ammonia is transferred from one pressure vessel to another in which the compressor and receiving vessel are not permanently installed on concrete in accordance with Safety Section 501.

(j) Compressors, excepting those on farm vehicles, shall be equipped with manually operated shutoff valves on both suction and discharge connections. Pressure gages of bourdon-tube type shall be installed on the suction and discharge of the compressor before the shutoff valves. The compressor shall not be operated if either pressure gage is removed or is inoperative. A spring-loaded safety-relief valve capable of discharging to atmosphere the full flow of gas from the compressor at a pressure not exceeding 300 p.s.i. shall be connected between the compressor discharge and the discharge shutoff valve.

(k) Valve functions shall be clearly and legibly identified by metal tags or nameplates permanently affixed to each valve.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

3. Amendment of subsection (d) filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19).

§510. Hose Specifications.

History

(a) Hose and hose connections shall be fabricated of materials that are resistant to the action of anhydrous ammonia. Hose used in ammonia service shall conform to ANI-RMA (or TFI-RMA) Standard No. M-5 for anhydrous ammonia hose. (TFI-RMA) stands for The Fertilizer Institute-Rubber Manufacturers Association.)

Metallic hose is a hose in which the strength depends primarily upon the strength of its metallic parts, but it may have nonmetallic liners and/or covers. The metal used in this hose shall be stainless steel or other suitable materials acceptable to the Division.

All hose and hose connections subjected to tank pressure shall be designed for a minimum working pressure of 350 psi with a factor of safety of at least 5.

After the hose connections are made up, they shall withstand without leakage a test pressure of twice the working pressure for which the hose is designed.

Hose and hose connections located on the low-pressure side of pressure-reducing valves or devices and discharging to atmospheric pressure shall be designed for a working pressure of at least 125 psi with a factor of safety of at least 5.

(b) All hose 1/2 inch in diameter and larger used for either liquid or vapor service shall be permanently and clearly marked at intervals of not more than 5 feet with the following information:

(1) The words “Anhydrous Ammonia” or “NH3”

(2) The designed working pressure

(3) The manufacturer's name or trademark

(4) The year of manufacture

Hose smaller than 1/2 inch in diameter need only be marked with items (1) and (2) above.

(c) All anhydrous ammonia hoses and hose connections subjected to tank pressure shall be tested at least once each year to twice the tank working pressure but not less than 500 psi. While in transit all hoses and hose connections shall be protected from wear or injury.

All low-pressure hose shall be constructed for ammonia service with a factor of safety of at least 5, but in no case shall hose be used for this service unless designed for a working pressure of at least 125 psi with a factor of safety of at least 5.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsections (a) and (c) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§511. Safety Relief Valves.

History

(a) Every vessel used in anhydrous ammonia service shall be fitted with 1 or more safety relief valves in direct communication with the vapor space. These safety relief valves shall be of the spring-loaded type suitable for anhydrous ammonia service. The discharge from safety relief valves shall be full size and be directed away from the vessel, and shall discharge upward and unobstructed to the open air.

All relief-valve discharge openings shall have suitable loose-fitting rain caps that will allow free discharge of the vapor and prevent entrance of water. Provision shall be made for draining condensate which may accumulate in the discharge pipe.

The safety relief valves for anhydrous ammonia service shall be set to start to discharge with relation to the allowable working pressure of the vessel as follows:

Pressure vessels constructed

in accordance with: Minimum Maximum

Code paragraphs U-68 and U-69 110% 125%

Code paragraphs U-200, through 1974 edition 100% 110%

API-ASME Code 100% 110%

DOT Cylinders As required by DOT

Regulations

(b) Except for code paragraphs U-68 and U-69 tanks, the discharge capacity of safety relief valves for anhydrous ammonia tanks shall be sufficient to prevent pressure in the tank from exceeding 120 percent of the allowable working pressure of the tank. ASME code paragraphs U-68 and U-69 tanks shall have safety valve capacity sufficient to prevent pressure in the tank from exceeding 135 percent of the allowable working pressure of the tank. All safety relief valves required by this Order shall be ASME rated and stamped. The minimum required rate of discharge of safety relief valves for anhydrous ammonia tanks shall be in accordance with the following table:

Surface area Flow rate Surface area Flow rate Surface area Flow rate

sq. ft. CFM air sq. ft. CFM air sq. ft. CFM air

20 or less 258 185 1,600 900 5,850

25 310 190 1,640 950 6,120

30 360 195 1,670 1,000 6,380

35 408 200 1,710 1,050 6,640

40 455 210 1,780 1,100 6,900

45 501 220 1,850 1,150 7,160

50 547 230 1,920 1,200 7,410

55 591 240 1,980 1,250 7,660

60 635 250 2,050 1,300 7,910

65 678 260 2,120 1,350 8,160

70 720 270 2,180 1,400 8,410

75 762 280 2,250 1,450 8,650

80 804 290 2,320 1,500 8,900

85 845 300 2,380 1,550 9,140

90 885 310 2,450 1,600 9,380

95 925 320 2,510 1,650 9,620

100 965 330 2,570 1,700 9,860

105 1,010 340 2,640 1,750 10,090

110 1,050 350 2,700 1,800 10,330

115 1,090 360 2,760 1,850 10,560

120 1,120 370 2,830 1,900 10,800

125 1,160 380 2,890 1,950 11,030

130 1,200 390 2,950 2,000 11,260

135 1,240 400 3,010 2,050 11,490

140 1,280 450 3,320 2,100 11,720

145 1,310 500 3,620 2,150 11,950

150 1,350 550 3,910 2,200 12,180

155 1,390 600 4,200 2,250 12,400

160 1,420 650 4,480 2,300 12,630

165 1,460 700 4,760 2,350 12,850

170 1,500 750 5,040 2,400 13,080

175 1,530 800 5,300 2,450 13,300

180 1,570 850 5,590 2,500 13,520

Surface area = total outside surface area of container in square feet. When the surface area is not stamped on the nameplate or when the marking is not legible, the area can be calculated by using one of the following formulas:

(1) Cylindrical container with hemispherical heads.

Area = overall length in feet times outside diameter in feet times 3.1416

(2) Cylindrical containers with other than hemispherical heads.

Area = (overall length in feet plus 0.3 outside diameter in feet) times outside diameter in feet times 3.1416

(3) Spherical container.

Area = outside diameter in feet squared times 3.1416

Flow rate--CFM Air = cubic feet per minute of air required at standard conditions, 60 degrees Fahrenheit and atmospheric pressure (14.7 psia).

The rate of discharge may be interpolated for intermediate values of surface area. For containers with total outside surface area greater than 2,500 square feet, the required flow rate can be calculated using the formula: Flow Rate CFM Air = 22.11A0.82, where A = outside surface area of the container in square feet.

The minimum required rate of discharge of safety relief valves for anhydrous ammonia DOT cylinders shall be in accordance with the regulations of the Bureau of Explosives.

(c) Safety relief valves shall be so designed and installed that the possibility of tampering will be minimized. If the pressure setting is external, the relief valves shall be provided with acceptable means for sealing the adjustment.

(d) Shutoff valves shall not be installed between the safety relief valve and tank, except that a shutoff valve may be used where the arrangement of this valve is such as always to provide full required capacity flow through sufficient relief valves to properly protect the tank. [This exception is intended to permit 3-way valves, mechanically interconnected valves, etc., to be installed between the tank and safety valve where the installation and arrangement will always permit the required number of valves to be in communication with the tank to provide the relief capacity required by (b) above.]

The flow capacity of the relief valve shall not be restricted by any connection to it on either the upstream or downstream side.

(e) Each safety relief valve used on anhydrous ammonia tanks shall be plainly marked with the following information:

(1) With the letters “AA.”

(2) The pressure in pounds per square inch gage (psig) at which the valve is set to start to discharge.

(3) The rate of discharge of the valve at its full open position in cubic feet per minute (cfm) of air.

(4) The manufacturer's name and catalog number.

(5) The symbol of the ASME Code.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

2. Amendment of subsections (a) and (d) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§512. Repairs and Alterations.

History

(a) Field welding, where necessary, shall be made only on nonpressure parts that were installed by the manufacturer of the tank.

(b) No repairs or alterations involving flame, arc, or other method of welding shall be made to any tank until such tank has first been certified as free of anhydrous ammonia by competent personnel.

(c) No repair or alteration affecting the safety of the tank shall be made until the contemplated repair or alteration has been authorized by a qualified inspector. Nothing in this order shall prohibit the exchange or interchange of valves, fitting, and appurtenances intended for the same purpose.

(d) No tank that has been subjected to a fire shall be returned to service until it has been inspected by a qualified inspector and found to be safe.

(e) Any vessel requiring repair or alteration or that has been subjected to a fire shall be prepared for hydrostatic test by the owner when such test is deemed necessary by the qualified inspector.

(f) All repairs affecting the safety of the tank shall be reported to the Division within 21 days by the qualified inspector authorizing such repairs. The qualified inspector shall stamp his certificate of competency number adjacent to all welded repairs authorized by him, except that in the case of repairs to quenched and tempered steels, this number need not be stamped. This exception shall be noted on the inspector's report.

(g) Any welding necessary when making repairs or alterations to tanks shall be done by welders and welding procedures qualified in accordance with Section IX of the ASME Code in the position or positions used in making the repair.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

§513. Anhydrous Ammonia Refrigeration Systems.

History

Mechanical refrigeration systems using anhydrous ammonia as a refrigerant shall be installed and maintained according to the provisions of the General Industry Safety Orders.

HISTORY

1. Amendment filed 12-8-72 as procedural and organizational; effective upon filing (Register 72, No. 50).

§514. Installation of Refrigerated Storage Containers.

Note • History

(a) Containers shall be supported on suitable noncombustible foundations designed to accommodate the type of container being used.

Adequate protection against flotation or other water damage shall be provided wherever high flood water might occur.

Containers for product storage at less than 32o F shall be supported in such a way, or heat shall be supplied, to prevent the effects of freezing and consequent frost heaving.

(b) A check valve shall be installed in lieu of the required excess flow valve on the fill connection, except when flow is needed in both directions, and a remotely operated shutoff valve shall be installed on all other connections located below the maximum liquid level.

(c) The filling density for refrigerated storage containers shall be such that the container will not be liquid full at a liquid temperature corresponding to the vapor pressure at the start-to-discharge pressure setting of the safety-relief valve.

(d) Safety-relief valves shall be set to start-to-discharge at a pressure not in excess of the design pressure of the container and shall have a total relieving capacity sufficient to prevent a maximum pressure in the container of more than 120 percent of the design pressure. Relief valves for refrigerated storage containers shall be self-contained spring-loaded, weight-loaded, or self-contained pilot-operated type.

The total relieving capacity shall be the larger of:

(1) Possible refrigeration system upset such as (A) cooling water failure, (B) power failure, (C) instrument air or instrument failure, (D) mechanical failure of any equipment, (E) excessive pumping rates.

(2) Fire exposure determined in accordance with Compressed Gas Association (CGA) S-1, Part 3, Safety Relief Device Standards For Compressed Gas Storage Containers, 1959, except that “A” shall be the total exposed surface area in square feet up to 25-foot above grade or to the equator of the storage container if it is a sphere, whichever is greater. If the relieving capacity required for fire exposure is greater than that required by (1) of this subdivision, the additional capacity may be provided by weak roof-to-shell seams in containers operating at essentially atmospheric pressure and having an inherently weak roof-to-shell seam. The weak roof-to-shell seam is not to be considered as providing any of the capacity required in (1) of this subdivision.

If vent lines are installed to conduct the vapors from the relief valve, the back pressure under full relieving conditions shall not exceed 50 percent of the start-to-discharge pressure for pressure balanced valves or 10 percent of the start-to-discharge pressure for conventional valves. The vent lines shall be installed to prevent accumulation of liquid in the lines.

The valve or valve installation shall provide weather protection.

Atmospheric storage shall be provided with vacuum breakers. Ammonia gas, nitrogen, methane, or other inert gases can be used to provide a pad.

(e) Appurtenances shall be protected against tampering and physical damage.

(f) Containers of such size as to require field fabrication shall, when moved and reinstalled, be reconstructed and reinspected in complete accordance with the requirements under which they were constructed. The containers shall be subjected to a pressure retest and if rerating is necessary, rerating shall be in accordance with applicable requirements.

(g) Precaution shall be taken against damage from vehicles.

(h) The total refrigeration load shall be computed as the sum of the following:

(1) Load imposed by heat flow into the container caused by the temperature differential between design ambent temperature and storage temperature.

(2) Load imposed by heat flow into the container caused by maximum sun radiation.

(3) Maximum load imposed by filling the container with ammonia warmer than the design storage temperature.

More than one storage container may be handled by the same refrigeration system.

(i) A minimum of two compressors shall be provided, either of which shall be of sufficient size to handle the loads listed in Section 514(h)(1) and (2). Where more than two compressors are provided, minimum standby equipment equal to the largest normally operating equipment shall be installed. Filling compressors may be used as standby equipment for holding compressors.

Compressors shall be sized to operate with a suction pressure at least 10 percent below the minimum setting of the safety valve(s) on the storage container and shall withstand a suction pressure at least equal to 120 percent of the design pressure of the container.

(j) Each compressor shall have its individual driving unit.

An emergency source of power of sufficient capacity to handle the loads listed in Section 514(h)(1) and (2) shall be provided unless facilities are available to safely dispose of vented vapors while the refrigeration system is not operating.

(k) The refrigeration system shall be arranged with suitable controls to govern the compressor operation in accordance with the load as evidenced by the pressure in the container(s).

An emergency alarm system shall be installed to function in the event the pressure in the container(s) rises to the maximum allowable operating pressure.

An emergency alarm and shutoff shall be located in the condenser system to respond to excess discharge pressure caused by failure of the cooling medium.

All automatic controls shall be installed in a manner to preclude operation of alternate compressors unless the controls will function with the alternate compressors.

(l) An entrainment separator of suitable size and design pressure shall be installed in the compressor suction line of lubricated compression. The separator shall be equipped with a drain and gaging device.

An oil separator of suitable size shall be installed in the compressor discharge line. It shall be designed for at least 250 p.s.i. and shall be equipped with a gaging device and drain valve.

(m) The condenser system may be cooled by air or water or both. The condenser shall be designed for at least 250 p.s.i. Provision shall be made for purging noncondensibles either manually or automatically.

(n) A receiver shall be provided with a liquid-level control to discharge the liquid ammonia to storage. The receiver shall be designed for at least 250 p.s.i. and be equipped with the necessary connections, safety valves, and gaging device.

(o) Refrigerated containers and pipelines which are insulated shall be covered with a material of suitable quality and thickness for the temperatures encountered. Insulation shall be suitably supported and protected against the weather. Weatherproofing shall be of a type which will not support flame propagation.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§515. Systems Utilizing Portable DOT NH 3 Containers.

Note • History

(a) Cylinders shall comply with DOT specifications and shall be maintained, filled, packaged, marked, labeled, and shipped to comply with 49 CFR Chapter 1 and Marking Portable Compressed Gas Containers to Identify the Material Contained, ANSI Z48.1-1954 (R1970).

(b) Cylinders shall be stored in an area free from ignitable debris and in such manner as to prevent external corrosion. Storage may be indoors or outdoors.

(c) Cylinders filled in accordance with DOT regulations will become liquid full at 145o F. Cylinders shall be protected from heat sources such as radiant flame and steampipes. Heat shall not be applied directly to cylinders to raise the pressure.

(d) Cylinders shall be stored in such manner as to protect them from moving vehicles or external damage.

(e) Any cylinder which is designed to have a valve protection cap shall have the cap securely in place when the cylinder is not in service.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

Article 7. Compressed and Liquefied Natural Gas System*

*For Appendix A, refer to end of Subchapter 1.

The provisions of Article 7 apply to the storage, dispensing and use of natural gas as a motor fuel, but do not apply to the storage or use of natural gas on public roads and highways.

§523. Design and Construction of Natural Gas Tanks.

Note • History

(a) General. All new natural gas tanks shall be constructed, inspected, and stamped in compliance with the Code, unless the design, material, and construction of the tank are accepted by the Division as equivalent to code.

(b) Compressed Natural Gas. In addition to the stamping required by the Code, the stamping on all new CNG tanks shall include the following:

(1) Volumetric capacity in standard cubic feet of natural gas when filled to the limits provided by these regulations.

(2) The words “For CNG.”

(3) The head and shell thicknesses.

(c) Liquefied Natural Gas. The outer vessel of double wall cryogenic vessels shall be designed for the full range of pressure and/or vacuum to which it will be subjected and for adequate structural support of the inner tank and insulation under all imposed loadings. Equipment shall For Appendix A, refer to end of subchapter 1.

In addition to the stamping required by the Code, the stamping for all new LNG tanks shall include the following:

(1) Net volumetric capacity in U. S. gallons.

(2) The words “For LNG.”

(3) The head and shell thicknesses.

(4) Minimum safety relief valve capacity in cfm air. See 541 (c) (1) and (2).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code, and Chapter 855, Statutes of 1977.

HISTORY

1. Repealer of Article 7 (Section T8-550) and new Article 7 (Sections 523-544) filed 12-8-72 as an emergency; effective upon filing. Certificate of Compliance included (Register 72, No. 50).

2. Amendment of subsection (c) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

3. Amendment of subsection (a) filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

4. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

5. Amendment of article 7 headnote filed 9-25-2002 as an emergency; operative 9-25-2002 (Register 2002, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-23-2003 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 9-25-2002 order transmitted to OAL 1-17-2003 and filed 2-24-2003 (Register 2003, No. 9).

§524. Design and Construction of Compressed Natural Gas Cylinders.

All new natural gas cylinders shall be constructed for the service pressure specified in and meet other DOT regulations.

§525. Design and Construction of LNG Vaporizers.

History

HISTORY

1. Amendment of subsection (a) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

2. Change without regulatory effect repealing Section 525 (Register 88, No. 15).

§526. Repairs and Alterations to Tanks, Welded Piping and to Welded Vaporizers Having a Volumetric Capacity in Excess of 1 U. S. Gallon.

(a) No repairs or alterations involving flame, arc or other method of welding shall be made on any tank, vaporizer or piping unless such tank, vaporizer or piping shall first have been certified as natural gas free or oxygen free by competent personnel.

(b) No repair or alteration to a natural gas tank or welded vaporizer which affects the safety of such natural gas tank or welded vaporizer shall be made until the contemplated repair or alteration has been authorized by a qualified inspector. The exchange or interchange of valves, fittings and accessories intended for the same purpose need not be considered a repair or alteration.

(c) No tank, vaporizer or piping system that has been subjected to possible damage by fire shall be returned to service until it has been inspected by a qualified inspector and found to be safe.

(d) Any vessel, vaporizer or piping requiring repair or alteration or that has been subjected to a fire shall be prepared for hydrostatic test by the owner when such test is deemed necessary by the qualified inspector.

(e) No repairs shall be performed on any natural gas fueled motor vehicle nor on a transport tank, trailer or skid tank, whether empty or loaded, until reasonable precaution has been taken to provide the required safety.

(f) All repairs to natural gas tanks or vaporizers affecting the safety of such tanks or vaporizers shall be reported to the Division within 21 days by the qualified inspector authorizing such repairs. The qualified inspector shall stamp his certificate of competency number adjacent to all welded repairs authorized by him except that in the case of repairs to quenched and tempered steels, this number need not be stamped. This exception shall be noted in the inspector's report.

(g) Any welding necessary when making repairs or alterations to tanks, vaporizers or piping shall be done according to welding procedures and by welders qualified in accordance with the rules of Section IX of the ASME Code in the position or positions used in making the repair.

(h) Repairs to DOT cylinders shall be made under DOT regulations and control.

§527. Control of Products in Tanks and Cylinders.

Note • History

(a) General. Natural gas contaminants such as hydrogen sulfide and water shall be so minimized as to prevent any adverse effects on storage and utilization equipment.

(b) Compressed Natural Gas.

No natural gas shall be delivered into any vessel or system covered by these Safety Orders unless odorized. The gas shall have a distinctive odor of sufficient intensity so that the presence of the gas may be detected down to the concentration in air of not over 20 percent of the lower explosive limit. Odorants in the concentrations used shall be:

(1) Harmless to humans.

(2) Non-toxic.

(3) Non-corrosive to steel, iron, brass or copper.

(4) Non-soluble in water to an extent greater than 2.5 parts by weight of odorant to 100 parts by weight of water.

(5) Be compatible with natural gas at the pressures and temperatures to be encountered in storage, transfer and service.

The delivery of LNG into any vessel or system covered by these Orders shall be subject to monitoring by a methane gas detection system, as follows:

(1) Each methane gas detection system required by this section shall provide a warning when an airborne methane gas concentration exceeding 20 percent of the lower explosive limit is detected. The warning shall be plainly audible and visible to those within the zone of potential exposure to fire or explosion of the vessel, system, or delivery operation.

(2) Where LNG is delivered into a vessel or system that is part of a motor vehicle, the methane gas detection system shall function continuously during the course of the delivery operation so that methane leaks resulting in an airborne concentration exceeding 20 percent of the lower explosive limit will be detected in the immediate vicinity of the operation.

(3) Where LNG is delivered to any other vessel or system covered by these Orders, the methane gas detection system shall function continuously during the course of the delivery operation so that methane gas leaks resulting in an airborne concentration exceeding 20 percent of the lower explosive limit will be detected in the immediate vicinity of the operation and the entire vessel or system into which the LNG is delivered. After delivery is completed, the methane gas detection system shall be operated continuously in the immediate vicinity of the entire vessel or system into which the LNG was delivered for as long as the vessel or system contains LNG.

(4) Nothing in this section is intended to supercede or alter the applicable requirements of 13 CCR Section 935.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (b), new subsections (c)-(c)(4) and new Note filed 9-25-2002 as an emergency; operative 9-25-2002 (Register 2002, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-23-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 9-25-2002 order, including further amendment of subsections (b) and (c)(1)-(3), transmitted to OAL 1-17-2003 and filed 2-24-2003 (Register 2003, No. 9).

§528. Transfer, Operation and Maintenance.

(a) General.

(1) No natural gas shall be vented to the atmosphere unless the vent is led to a safe point of discharge. Nothing in this Order shall prohibit the use of gaging devices which vent to the atmosphere through an opening not exceeding No. 54 drill size.

(2) No smoking or open flame shall be permitted within 10 feet of any vessel during the filling operation.

(3) All threaded filling connections shall be kept effectively capped when not in use. These caps or plugs shall be so designed that they will vent to the atmosphere while at least 3 full threads are engaged.

(4) No employer or employee shall charge natural gas into any tank or cylinder not specifically designed for the most severe pressure and temperature conditions to which the vessel may be subjected.

(5) During the transfer of natural gas at least one attendant familiar with the transfer operation shall be responsible for and be on the premises during the transfer operation. During the transfer of LNG the attendant shall remain in attendance at the controls necessary to stop the transfer operation. The attendant required by this Order may be considered familiar with the transfer operation after he has been provided with a set of instructions for the transfer operation and has performed the operation at least through 3 full cycles under supervision. When natural gas is being transferred to or from a motor vehicle, the engine shall be stopped unless the motor is used to operate a pump or compressor required to transfer the product. During such loading or unloading from transportation tanks, the hand or emergency brake of the vehicle shall be set and the wheels blocked. Transportation tanks shall be bonded during the transfer operation except that bonding is not required where the transfer systems are depressurized by bleeding before disconnecting, see Paragraph 537 (a) (4), and providing also that closed connections are made before transfer begins.

(6) No natural gas shall be transferred with the point of delivery less than 10 feet from any important building or house trailer, or within 5 feet from a sidewalk or public highway, street or road unless the failure to transfer would create a hazard. At the discretion of the Division, the point of delivery may be located a lesser distance from important buildings constructed of concrete or masonry materials. Nothing in this Order shall be so construed as to prohibit the following:

(A) The fueling of machinery or vehicles used in road construction or maintenance.

(B) The filling of motor fuel tanks or cylinders of not more than 30-gallon capacity.

(7) Pumps and compressors shall be suitable for use with the product to be handled for the full range of pressure and temperature to which they may be subjected. Positive displacement transfer pumps shall be equipped with a pressure actuated bypass valve and/or a recirculating system which shall limit the pressure to the maximum design pressure of the pump or piping system whichever is lower.

(8) Control devices shall be designed for the pressure, temperature and service expected and shall be so installed that icing conditions will not cause malfunction.

(9) The owner and/or user shall maintain all pressure vessels and their appurtenances, piping systems, vaporizers, controls and devices in a safe condition.

(10) A portable fire extinguisher having a rating of not less than 20BC shall be provided at the transfer operation area.

(b) Compressed Natural Gas.

(1) The pressure to which a CNG tank is charged shall not exceed the maximum allowable working pressure of the tank being filled at normal temperature. DOT cylinders shall be charged in accordance with DOT pressure and temperature regulations.

(1) To provide for the expansion of LNG with temperature, the tanks shall not be filled beyond the level specified by the tank manufacturer and in no case more than 90 percent.

(2) Tank fuel loading and unloading areas shall be substantially level.

§529. Gaging Devices for Liquefied Natural Gas Tanks.

(a) A permanent dip pipe shall be installed in all LNG tanks filled by volume and shall be of such length that it will indicate when the tank is filled to the level specified by the manufacturer and in no case more than 90 percent. This fixed dip pipe shall be permanently installed in the tank. Additional dip pipes may be used providing they are permanently marked to show the outage they indicate.

(b) In addition to the fixed dip pipe required in (a) above, each LNG tank 60-gallon capacity or more, filled by volume, and each motor fuel tank shall be equipped with a liquid level gage.

(c) Gaging devices that require bleeding of the product to the atmosphere shall be so designed that the maximum opening of the bleeder valve is No. 54 drill size.

(d) Gaging devices shall be designed for the most severe pressure and temperature conditions to which the device may be subjected with a factor of safety of not less than 4. Such gaging devices shall be labeled with the maximum permitted pressure by the manufacturer.

(e) Where the efficiency of the insulation of an insulated tank is dependent upon the vacuum in an annular space, an indicating device or other means shall be provided to warn of loss of vacuum.

§530. Approval of Devices.

(a) All devices which are used in natural gas installations shall be of a type and construction suitable for their intended use. The Division may approve or accept devices or package units upon satisfactory evidence that they are designed and constructed for safe operation in natural gas service.

(b) Except for control and indicating devices that are also designed for natural gas and which have an orifice not larger than No. 54 drill size, natural gas shall not be used to operate any device or equipment designed to be operated with compressed air which exhausts to the atmosphere. Natural gas vapor shall not be released into the air except as permitted by these Orders.

(c) All natural gas devices not otherwise specifically provided for shall be constructed and installed to provide safety equivalent to that required for other parts of the system.

(d) All electrical wiring and electrical equipment used with natural gas storage or dispensing apparatus shall be in accordance with the Electrical Regulations administered by the Division.

Note: For the purpose of this Order 530 (d), the electrical equipment installed in out-of-doors installations for stationary storage or the transfer of natural gas shall be suitable for use in a Class 1, Division 1, Group D hazardous location when installed within 10 feet in any direction of any connection used for the transfer of natural gas.

In order to comply with the “source of ignition” provisions of Order 531 (a) electrical switches, lamps, etc., located outside the above 10-foot area, but within the area specified in Order 531 (a) shall be suitable for use in a Class 1, Division 2, Group D, hazardous location. All electrical motors within this area shall be suitable for use in out-of-doors locations and shall be either:

(1) Of the explosion-proof type.

(2) Of a type having no contactors, commutators or sparking parts.

(3) Of a totally enclosed type.

§531. Location of Storage Tanks and Regulating Equipment.

(a) General.

(1) Except as provided elsewhere in these Orders, tanks, cylinders and regulating equipment used with natural gas storage and/or dispensing installations shall be located outside of buildings. Each individual tank or cylinder used for storage or dispensing natural gas shall be located with respect to the nearest important building, or line of adjoining property which may be built upon, or source of ignition, in accordance with the following table:

Capacity Per Storage Distance Between

Tank or Bank of Minimum Distance Above Ground

Cylinders U. S. Gallons In Feet Storage Tanks, Feet

To 500 10 3

501 To 2,000 25 3

2,001 To 30,000 50 5

30,001 To 70,000 75 1/4 of Sum of Diameter

of Adjacent Tanks with

70,001 To 90,000 100 a Minimum of 5 Feet

Note: At the discretion of the Division, tanks may be located a lesser distance from important buildings constructed of concrete or masonry materials.

(2) No stationary storage vessel shall be located less than 10 feet from the nearest street line or sidewalk, nor less than 50 feet from the nearest rail of any railroad main track.

The distance between underground tanks shall be not less than 12 inches.

(3) Except as permitted in Section 543, filling connections shall not be located less than 10 feet from any opening into or under a building closed on more than 3 sides for filling connections 1/2-inch pipe size or less and 15 feet for larger sized filling connections.

(4) Readily ignitible material shall not be permitted within 10 feet of any stationary vessel or vaporizer.

(5) Regulators which are vented to atmosphere shall be installed in such a manner that moisture cannot enter the vent and accumulate above the diaphragm. Where the regulator vent may be obstructed due to rain, snow or icing conditions, shields, hoods or other suitable devices shall be provided to guard against closing the vent opening.

(b) Compressed Natural Gas.

(1) Multiple cylinder units or groups stored in the vertical position shall be limited to a width of no more than 4 cylinders. Units or groups stored in the horizontal position shall be limited to a height of 6 and a width of 4 cylinders. When stacked horizontally, the units or groups shall be separated by not less than 3 feet.

(2) No cylinder filling platform shall be located less than 10 feet from any storage tank, or 25 feet from the nearest important building or line of adjoining property that may be built upon. At the discretion of the Division, cylinder filling platforms may be located a lesser distance from important buildings constructed of concrete or masonry materials.

(1) All aboveground LNG tanks larger than 2,000 gallons shall have diked impounding areas or equivalent in accordance with Pamphlet 59-A of the National Fire Protection Association.

§532. Installation of Aboveground Storage Tanks.

History

(a) General.

(1) Storage tanks installed aboveground shall be installed on firm masonry or concrete foundations. Aboveground horizontal tanks shall have no more than 2 points of support longitudinally. Where necessary, tanks shall be securely anchored to prevent floating.

(2) Metallic structural supports, when used, shall be encased in concrete or other material having a fire resistant rating of at least 2 hours when the distance between the lower surface of the tank and the top of the concrete or masonry foundations exceeds 18 inches. In the case of a vertical tank having no more than one opening in the support skirt, interior fire protection of the skirt may be omitted. (Tanks of not more than 575-gallon capacity installed in areas having an average snowfall exceeding 18 inches may, at the discretion of the Division, be exempt from the provisions of this paragraph.)

(3) Every tank shall be so supported as to prevent the concentration of excessive loads on the tank at the points of support. All foundations and fastenings shall be designed to provide reasonable safety under all imposed loads including wind, earthquake, vibrations, etc. All tanks over 1,200 gallons capacity shall be installed on foundations in such a manner as to permit expansion and contraction.

(4) The valves and other appurtenances on tanks at all bulk plants, if the plant is not otherwise fenced, shall be surrounded by a rugged steel fence or equivalent. Fences which are not of an open mesh type may be used providing they are acceptable to both the local fire department and the Division. The fence required by this Section shall be at least 6 feet in height. Any fence completely surrounding the tank shall be located a minimum distance of 3 feet from the tank. Other tanks shall also be surrounded by a rugged steel fence or equivalent, if in the opinion of the Division a fence is needed to prevent unauthorized tampering. All fenced areas shall be kept locked when unattended.

(5) Aboveground storage tanks shall be protected from impact from trucks, trailers and other vehicles, where such impact is likely or probable, by suitable curbs, fences or posts and railings. Such curbs or fences shall be arranged so that they will not hamper free ventilation around the tanks.

(6) All loading and unloading connections at bulk plants shall be secured to a concrete bulkhead or equivalent designed to withstand the load imposed by the strongest pipe, hose or flexible metal hose, and fittings to be used in the transfer operation without breaking, or 2,000 pounds whichever is greater unless other adequate protection is provided. This bulkhead shall not be located underneath the tank. The loading and unloading connections shall be firmly secured to this bulkhead and the line between the bulkhead and tank shall be installed in a manner to provide for expansion, contraction, jarring, vibration and settling. Such bulkhead shall be located no less than 25 feet from the nearest important building or line of property adjoining that may be built upon. When in the opinion of the Division such bulkhead is necessary for the safety of the place of employment, it shall be required at storage plants other than bulk plants mentioned above.

(7) The fill line on storage tanks shall be equipped with a back-flow check valve to prevent discharge of the natural gas from the receiving tank in case of line, hose or fittings rupture.

(8) A fire extinguisher conforming to the provisions of California Administrative Code, Title 19, Chapter 1, Subchapter 3, and having a rating of not less than 20B shall be available and ready for use during the time natural gas is being transferred. The extinguisher carried on a bulk delivery or transportation vehicle may be considered as meeting the requirements of this Order when transferring natural gas from or to such vehicle provided the extinguisher has the required rating listed above.

(b) Compressed Natural Gas.

(1) When the tank is installed directly on concrete or masonry foundations, a corrosion pad shall be provided at the points of contact with the foundation. These corrosion pads shall be at least 3/16-inch thick, and have a width at least equal to the width of the foundation at the point of contact with the tank, but in no case shall they be less than 8 times the shell thickness in width. When corrosion pads or pad-type steel supports are used, the pads shall have corners rounded to a radius of not less than 6 times the pad thickness, and shall be attached to the shell with a continuous seal weld. These pads shall be not less than 1/4 the circumference of the shell in length.

(2) Pressure vessels which are made of materials that are subject to corrosion by atmospheric conditions and which are not provided with an allowance for external corrosion by a suitable increase in the design thickness shall be protected by painting or other equivalent means necessary to check active corrosion.

(3) Cylinders used at dispensing stations shall be installed on firm concrete or masonry foundations and located in accordance with 531 (a) and (b).

(1) Supports for LNG tanks shall be designed to withstand low temperature effects of LNG spillage.

(2) LNG tanks installed in battery shall be so installed that the 90 percent outage levels or the top surfaces of the tanks are substantially in the same horizontal plane.

(3) Tanks installed in battery shall not be installed with liquid and/or vapor lines connecting into common headers unless either:

(A) The working pressure of all such tanks is the same.

(B) Check valves or other devices are installed in the system to prohibit the introduction of the higher pressure product into the lower pressure tank.

HISTORY

1. Amendment of subsection (b) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

§533. Location and Installation of Underground Tanks.

(a) General. Tanks and regulating equipment shall not be buried below ground unless written permission to do so has been obtained from the Division and the following special conditions are complied with:

(1) The proposed location complies with Order 531 (a) (1), (2) and (3).

(2) The tank shall be set with the top at least 24 inches below the surface of the ground, shall rest on firm foundations and shall not be installed under roadways.

(3) Before any back-filling is done, the installation shall be inspected by a qualified inspector and shall comply with all applicable sections of these Orders.

(4) The back-filling shall be done in such a manner that there will be at least 6 inches of water-washed sand free from soil, rocks or gravel immediately adjacent to the tank. The sand shall be well tamped into place during the back-filling operation.

(5) All buried tanks shall be constructed for underground service and the manufacturer shall provide means for lowering the tank into place without damage to the tank or corrosion-resistant coating.

(6) If the valves and fittings are located in a curb box, adequate provision shall be provided for proper drainage and ventilation of the curb box.

(7) No curb box shall be larger than necessary for the operation and maintenance of the valves and fittings located therein nor more than 3 feet in depth.

(8) All buried tanks shall be completely uncovered for an inspection of all external surfaces at intervals of at least once every 3 years.

The intervals may be changed at the discretion of the Division if a test plate is buried adjacent to the tank and shows no appreciable corrosion on inspection after 3 years of service; provided, however, that every tank shall be uncovered at least every 15 years. The test plates shall be of the same material as the shell of the tank and shall be at least 1/4 of the tank diameter in length and 6 inches wide and shall be buried in water-washed sand at least as deep as the lowest surface of the tank, and shall not be coated. Test plates shall be provided in accordance with the following table:

(A) Tanks 10 feet or less in length, one test plate.

(B) Tanks more than 10 feet but less than 20 feet in length, 2 test plates, one on each side near opposite ends.

(C) Tanks 20 feet or more in length, one test plate for each 10 feet of length, placed on alternate sides at 10-foot intervals.

(9) No tank used underground shall be reinstalled aboveground until it has been inspected and found to be in compliance with requirements for an aboveground installation.

(10) Where necessary, tanks shall be securely anchored or weighted to prevent floating.

(b) Compressed Natural Gas.

The exterior surfaces of CNG tanks shall be covered with an acceptable corrosion-resistant material.

Tanks will be considered acceptable when prepared and coated as follows:

(1) Clean and prime.

(2) Coat with asphalt enamel.

(3) Wrap with 40-pound felt.

(4) Coat with asphalt enamel.

(5) Wrap with 40-pound felt.

(6) Coat with asphalt enamel.

(7) Wrap with Kraft paper.

Equivalent corrosion protection may be accepted at the discretion of the Division.

(1) LNG vessels utilizing a vacuum jacket shall be so installed that a vacuum leak can be detected, and so piped that means can be provided to restore the vacuum or minimize the leak.

(2) Consideration shall be given to the design and installation of the supporting members and surrounding materials in the possible freezing zone to prevent damage to the tank and its supports by low temperature effects of LNG spillage or by frost-heaving.

(3) LNG vessels having an outer jacket made of a material which may be subject to corrosion shall be protected in accordance with (b) above.

§534. Skid Tanks.

(a) Skid tanks shall be securely fastened to skids extending the full length of the tank, including fittings and guards at the end of the tank. The bottom of the skids shall be not less than 2 inches nor more than 12 inches below the outside bottom of the tank shell. The skids or lugs for attachment of the skids shall be secured to tanks in accordance with the Code or rules under which the tank is designed and built, and shall be designed to withstand the loaded weight of the tank in any direction with a factor of safety of at least 8.

(b) Fittings on skid tanks shall be installed in a recessed well or otherwise protected by means of adequate guards properly installed.

(c) Unless installed in compliance with Order 532, skid tanks shall not be used at any location for more than 180 days without written permission from the Division.

(d) When skid tanks are transported from one location to another, they shall be adequately secured to the transporting vehicle.

§535. Installation of Tanks on Transportation and Bulk Delivery Vehicles.

Transportation tanks shall comply with the regulations for such vehicles adopted by the Department of Highway Patrol.

§536. Piping Standards.

History

(a) General.

(1) All pipe, tubing, fittings and other piping components between the tank and the first shutoff valve shall be designed for the full range of pressures, temperatures and loadings to which they may be subjected with a factor of safety of at least 8 based on the minimum specified tensile strength at room temperature. All other pipe, tubing, fittings and other piping components shall be suitable for the full range of pressures, temperatures and loadings to which they may be subjected with a factor of safety of at least 4. In no case may underground piping be less than Schedule 80 for piping systems having a working pressure exceeding 100 psi. Any material used, including gaskets and packing, shall be compatible with natural gas and its service conditions.

(2) All piping and tubing shall be run as directly as practical with adequate provisions for expansion, contraction, jarring, vibration and settling. Exterior piping may be either buried or installed aboveground and shall be well supported and protected against mechanical damage.

Underground piping shall be buried not less than 18 inches below the surface of the ground unless otherwise protected. All underground piping shall be protected from corrosion by coating in compliance with Section 533 (b) or equivalent. Zinc coatings (galvanizing) shall not be considered adequate protection for piping below ground.

(3) All welded piping shall be fabricated and tested in accordance with the ANSI Code for Pressure Piping, Petroleum Refinery Piping, B31.3, 1966 Edition or equivalent.

(4) All valves shall be suitable for the full range of pressure and temperature to which they may be subjected. The manufacturer shall stamp or otherwise permanently mark the valve body to indicate the service ratings. Other piping components such as strainers, snubbers and expansion joints shall also be permanently marked by the manufacturer to indicate the service ratings. All materials such as valve seats, packing, gaskets, diaphragms, etc. shall be resistant to the action of natural gas under the conditions to which they are subjected.

(5) Use of the following is prohibited:

(A) Valves, cocks, fittings and other piping components of cast iron or semisteel other than ASTM Specifications A-536-67, Grade 60-40-18; A-395-68; A-47-68, Grade 35018 and A-445-66 unless they have pressure-temperature ratings at least equal to 1 1/2 times the design service conditions. In no case shall valves of cast iron or semisteel other than the 3 ASTM specifications listed above be used for primary stop valves.

(B) Street ells and screwed service tees.

(C) Valves of a design that will allow the valve stem to be removed without removal of complete valve bonnet or disassembly of the valve body.

(D) Plastic pipe, tubing, hose and fittings, without written permission from the Division.

(E) Valves with valve stem packing glands which cannot be repacked under pressure, unless there is another stop valve of acceptable type between them and the vessel. This does not apply to service valves.

(F) Aluminum tubing for exterior locations and threaded aluminum connections and adapters that are required to be connected or disconnected as part of the filling or transferring operation except for those connections and adapters that are specifically designed with special threads suitable for this service.

(G) Pipe nipples in lieu of couplings or flanges in tank connections.

(H) Copper alloy with copper content exceeding 70 percent.

(b) Compressed Natural Gas.

Hose shall not be used in lieu of manifolds, piping or tubing between dispensing tanks and cylinders and the connection for the loading and/or unloading hose connections, except that a section of metallic hose not to exceed 24 inches in length may be used in each pipeline to provide flexibility where necessary. Each section shall be so installed that it will be protected against mechanical damage and be readily visible for inspection. The manufacturer's identification shall be retained in each section.

(1) Flanged joints or threaded joints which have not been seal welded on liquid lines between the tank and the first shutoff valve are prohibited.

(2) All LNG piping over 2-inch pipe size shall be welded, flanged or silver brazed with a material having a melting point exceeding 1,000 degrees Fahrenheit. Compression type couplings and threaded joints shall not be used except that seal welded threaded joints may be used.

(3) Piping 2-inch or smaller may be threaded, welded or flanged except as prohibited in 536 (c) (1).

(4) Threaded nipples and pipe shall be at least Schedule 80.

(5) Plugs shall be solid or else they shall be bull plugs of at least Schedule 80 seamless pipe.

(6) For service temperatures of minus 20 degrees Fahrenheit or above, threaded piping and tubing with compression type couplings may be used except as prohibited in 536 (c) (2).

(7) Pipe supports for piping having a service temperature below minus 20 degrees Fahrenheit shall be designed to minimize heat transfer so that support steel embrittlement and piping restraints caused by ice formation will be prevented.

(8) Bellows type expansion joints in low temperature service shall be provided with external insulation that will prevent ice from forming on the bellows.

HISTORY

1. Amendment of subsections (a)(1) and (a)(5)(F) filed 3-29-74; effective thirtieth day thereafter (Register 74, No. 13).

§537. Piping Systems Valving and Labeling.

History

(a) General.

(1) All piping and tubing shall be tested after assembly and proved free from leaks at a pressure equal to the maximum working pressure of that portion of the system or its safety valve setting, whichever is greater, except for welded piping [see 536 (a) (3)].

(2) Where excess-flow valves are used, the closing flow shall be less than the flow rating of the piping system between the excess-flow valve and the equipment downstream of the excess-flow valve.

(3) When two or more vessels, other than motor fuel tanks or cylinders, are manifolded together or when branches or restrictions are incorporated into the piping system, additional excess-flow valves or equivalent shall be installed where the flow rating of the piping is less than the closing flow rating of the excess-flow valves in the vessels. The additional excess-flow valves or equivalent shall be located as close to the point of branching or restriction as possible.

Note: A quick-closing manually operated valve may be considered equivalent to an excess-flow valve at the point of pipe size reduction or other restriction providing:(1) It is equipped with a means for closing the valve manually from a point remote from the delivery connection.(2) The loading and/or unloading line in which it is located is secured to a bulkhead complying with Section 532 (a) (6).(3) The quick-closing valve is in the pipeline on the tank side of the bulkhead.

(4) Bleed connections shall be provided in transfer systems to permit depressurizing the line before disconnecting. These bleed connections shall discharge at a safe place.

(5) Piping, compressors, pumps, valves, regulators, gaging and other vessel accessory equipment shall be protected against physical damage, including vehicular.

(b) Compressed Natural Gas.

(1) Except for safety relief valves and gaging connections all vessel connections, other than in motor fuel tanks or cylinders, larger than 1/4 inch pipe size shall have one of the following installed directly in each connection:

(A) A back-flow check valve to prevent flow from the tank.

(B) An excess-flow valve.

(2) A manually operated shut-off valve shall be installed as close to the vessel as practicable. Manually operated shut-off valves for DOT cylinders shall be provided in accordance with DOT regulations.

(3) Piping systems shall be protected against overpressure by safety relief devices. Relief devices installed to protect the piping system shall have sufficient capacity and shall be set to open at a pressure not exceeding 110 percent of the maximum allowable working pressure of the system or the pressure which produces a hoop stress of 75 percent of the specified minimum yield strength, whichever is lower.

(1) Except for safety relief valves and gaging connections all vessel connections, other than in motor fuel tanks, larger than 1/2-inch pipe size shall have one of the following installed directly in each connection (for the purpose of this Section tank connection location for double wall cryogenic vessels may be the point of penetration through the outer vessel or its jacketed extension):

(A) A back-flow check valve to prevent flow from the tank.

(B) A manually operated internal valve equipped with a means for closing the valve from a point remote from the delivery connection. The closing mechanism or its control shall be fitted with a fusible link having a melting point of 200 degrees Fahrenheit to 250 degrees Fahrenheit which will cause the valve to close automatically in case of fire.

(C) Either an internal valve which can be operated manually and will close on excess-flow conditions or one which is normally closed and is opened by pump discharge pressure. These valves shall be equipped with a means for closing from a point remote from the delivery connection and the closing mechanism shall be fitted with a fusible section as required in (B) above.

(D) An excess flow valve. In addition, there shall also be a quick closing automatic valve located as close to the tank as possible and which shall remain closed except during transfer. This valve shall be equipped with a means for closing automatically from a point remote from the delivery connection and shall be fitted with a fusible section having a melting point of 200 degrees Fahrenheit to 250 degrees Fahrenheit which will cause the valve to close in case of fire. Piping and valves shall be of austenitic stainless steel as listed in ANSI Code For Pressure Piping, B 31.3 1966 Edition, Table 302.3.1.A. Piping between the tank and the valve inlet shall be seamless and at least Schedule 40. All joints in the piping to and including the valve inlet shall be welded in accordance with 536 (a) (3).

(2) (A) Systems installed in accordance with (A) or (B) above shall have a manually operated shut-off valve located as close to the tank as practicable. Systems installed in accordance with (D) above shall have a manually operated shut-off valve located between the quick-closing automatic valve and the vessel.

(B) Systems with tank connections installed in accordance with (C) above shall have a manually operated shut-off valve located in the loading and/or unloading pipelines between the tank and the pump, meter or bulkhead whichever is nearest the tank.

(3) Wherever liquid can be trapped between two or more valves, a safety relief valve shall be installed to prevent excessive hydrostatic pressure. This safety relief valve shall start to discharge at not less than 125 percent nor more than 150 percent of the safe working pressure of the piping system between the two shut-off valves.

(4) All LNG tank connections having manually operated shut-off valves shall be labeled to indicate whether they communicate with the vapor or liquid space. At least one of the following methods shall be employed in labeling these connections:

(A) Tags of metal or other suitable material labeled “Liquid” or “Vapor.” These tags shall be fastened securely to the tank, to the primary manual valve or to the piping system at the valve. The legibility of these tags shall be maintained.

(B) Complete color painting of all visible parts of the piping or its insulation.

(C) Color bands not less than 4 inches wide at each tank connection or primary manual valve. These bands shall be readily visible on the insulation. Where identification is provided by complete color painting or by color bands, a color code shall be posted where visible from the transfer operation.

HISTORY

1. Amendment of subsection (c)(4) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

§538. Hose, Metallic Hose, Flexible Metal Hose and Tubing Specifications.

History

(a) Hose and metallic hose shall be of or lined with materials that are resistant to corrosion and to the actions of natural gas.

(b) Hose, metallic hose, flexible metal hose and tubing shall be suitable for the most severe pressure and temperature service conditions expected with a burst pressure of at least 4 times the maximum working pressure. Flexible metal hose or pipe with swivel joints shall be used for transfer operations where operating temperatures during transfer will be less than minus 20 degrees Fahrenheit.

(c) Connections for hose, metallic hose, flexible metal hose and tubing shall be designed with a burst pressure of at least 4 times the most severe pressure and temperature conditions expected.

(d) The components of the hose and metallic hose shall be tested after assembly and prior to use to at least 2 times the service pressure, and also tested to a pneumatic pressure of at least 600 psi under water. After the original installation, all hoses shall be examined visually at such intervals as are necessary to assure that they are safe for use. In no case shall such examination interval exceed one year. Hose shall be tested for leaks with soap suds or equivalent at least annually and any leakage shall be reason for rejection. This test shall be recorded and the record shall be available to the qualified inspector.

(e) All hose, metallic hose, flexible metal hose and tubing and their connections shall be maintained in a safe condition.

(f) While in transit, all hose and flexible metal hose and tubing to be used in the transfer operation, including their connections, shall be protected from wear or injury and shall be capped.

(g) Hose, metallic hose, flexible metal hose and tubing shall be distinctly marked either by the manufacturer's permanently attached tag or by distinct markings every 5 feet indicating the manufacturer's name or trademark, service and working pressure.

HISTORY

1. Repealer and new subsection (g) filed 8-6-76; effective thirtieth day thereafter (Register 76, No. 32).

§539. Pressure Gages.

Every bulk storage tank, dispensing tank, transportation tank and bulk delivery tank shall be provided with a suitable pressure gage. The pressure gage shall be installed in a special gage outlet installed permanently on the tank or tank system and having an opening not to exceed No. 54 drill size opening at the tank connection. Pressure gages for LNG vessels shall have their connection above the maximum permissible liquid level. The pressure gage shall have a dial graduated to read approximately double the operating pressure, but in no case less than 1.2 times the pressure at which the pressure relief valve is set to function.

§540. LNG Vaporizer Installation.

(a) Vaporizers in excess of 1-gallon capacity shall be provided with suitable automatic means to prevent liquid from passing into the vapor system. This is not applicable to vaporizers discharging back to the vessel only.

(b) Vaporizers in excess of 1-gallon capacity shall be provided with one or more safety relief valves suitable for use with natural gas and set to open at not less than the maximum working pressure and not more than 110 percent of the maximum working pressure of the vaporizer.

(c) The minimum relieving capacity of the safety relief valves shall be at least equal to the capacity marking on the vaporizer nameplate as required in Section 525 (c)(5). This marking shall be determined for exposure to external fire and shall be sufficient to prevent pressure in the vaporizer from exceeding 120 percent of the maximum working pressure. When determined by calculation, the applicable formula in Appendix A shall be used.

The safety relief valve discharge shall be led outside of the vaporizer building, if any, and be discharged at a safe place.

(d) No coil or other device carrying artificial heat for vaporization shall be located inside of any LNG vessel not constructed for vaporizing only.

(e) Vaporizers shall not be installed inside of buildings unless the building is specifically designed for housing LNG vaporizers; in which case the building shall be constructed of non-combustible material and be adequately ventilated at both the floor line and ceiling. Ventilation shall be designed to prevent gasses lighter than air from being trapped at ceiling level.

Note: Ventilation is considered adequate when no mixture of flammable gases is permitted in concentrations exceeding 1/5 of the lower flammability limit for such mixture.

(f) Surge tanks, containing vapor only at 20 psi or less, shall be located at least 10 feet from important buildings and property lines. Such tanks operating at pressures exceeding 20 psi shall be located with respect to important buildings and property lines in accordance with Order 531 (a).

§541. Safety Relief Devices.

(a) General.

(1) Unless covered elsewhere in these Orders, every natural gas tank shall be provided with one or more spring-loaded safety relief valves set to open as follows with relation to the maximum allowable working pressure:

Minimum Safety Maximum Safety

Relief Valve Relief Valve

Type of Vessel Setting Setting

ASME Code Constructed Vessels

with a factor of

safety of 5 or more 100% 125%

ASME Code Constructed Vessels

built with a factor of safety of

less than 5 100% 110%

DOT Cylinders--

Safety Relief Devices As approved by Bureau of Explosives

All safety relief valves required by this Order shall be ASME labeled except for safety relief devices on DOT cylinders and safety relief valves as required in 537 (c)(3), which may be ASME or Underwriters' Laboratories rated and stamped.

(2) Each safety relief valve shall be plainly marked by the manufacturer of the valve with the pressure in pounds per square inch at which the valve is set to start to discharge and the discharge capacity in cubic feet per minute (cfm) air.

(3) No shutoff valves shall be installed between the safety relief valves and the tank without written permission from the Division except that a shutoff valve may be used on multiple valve installations where the arrangement of the valves will provide full required flow through the safety relief valves at all times. The opening or connection between the tank and safety relief valve or valves shall have at least the combined areas of all connected safety relief valve inlets.

(4) Safety relief valves shall be so arranged that they will have an unobstructed full size discharge to a safe place, and shall be so arranged that escaping gas will not impinge on the vessel, valves or fittings.

(5) Except for safety valves that are integral with service valves, safety relief valves on tanks and cylinders shall be installed in a vertical position and shall be fitted with suitable raincaps.

(6) Safety relief valves for natural gas service shall not be fitted with lifting devices. The adjustment if external shall be provided with means for sealing the adjustment to prevent tampering by unauthorized persons. If at any time it is necessary to break such seal, the valve shall be removed from service until it has been reset and sealed. Any adjustments necessary to natural gas safety relief valves shall be made by the manufacturer or other companies having competent personnel and adequate facilities for the repair, adjustment and testing of such valves. The organization making such adjustment shall attach a permanent tag with the setting, capacity and date. All safety relief devices shall be tested at least annually and maintained in proper operating condition.

(7) If pressure regulators are used, a safety relief device shall be provided on the low-pressure side of each final stage regulator and on the low-pressure side of all other regulators unless the piping and/or fittings from the low-pressure side of such regulators to the high-pressure side of the next stage regulation are suitable for full tank pressure.

(8) Safety relief valves for surge tanks containing vapor only shall have a relieving capacity of not less than the maximum input from the system, vaporizer or reducing valves.

(9) Fusible plugs and/or rupture discs are prohibited for primary relief devices except as permitted in (b) (3) below.

(10) On underground installations, the discharge from safety relief valves shall be vertically upward and shall be piped to a point at least 10 feet aboveground, and shall meet the requirements for the location of tanks as specified in Order 531 (a) (1), (2) and (3).

(b) Compressed Natural Gas.

(1) The minimum required rate of discharge of the safety relief valves for aboveground CNG tanks shall be at least equal to any input from the system, whether stored or being compressed.

(2) Safety relief valves located on stationary tanks of over 166,000 cubic feet capacity, shall be fitted with ferrous standpipes which will discharge at least 2 feet above the top of the tank, but not less than 10 feet above ground level. These standpipes shall not be threaded at the open end, and shall be fitted with suitable drain openings. Return bends and pipe fittings at the upper ends of safety relief valve discharge pipes are prohibited. Standpipes shall be adequately braced or otherwise supported if over 4 feet in length.

(3) Safety relief devices for DOT cylinders shall be provided in accordance with DOT regulations.

(4) Safety relief valves for underground CNG tanks shall have a relieving capacity of not less than that required for aboveground tanks.

(1) The minimum relieving capacity of the safety relief valves for LNG tanks shall be at least equal to the capacity marking on the vessel nameplate required in 523 (c) (4).

(2) Safety relief capacity shall be determined for exposure to external fire and shall be sufficient to prevent pressure in the tank from exceeding 120 percent of the allowable working pressure for tanks built with a factor of safety of less than 5 and 150 percent for tanks built with a factor of safety of 5 or more. For calculating, the applicable formula in Appendix A shall be used to determine minimum relieving capacity.

(3) Safety relief valves for underground LNG tanks shall have a relieving capacity at least equal to the relief valve capacity markings on the vessel nameplate. When the capacity is not based on exposure of the vessel to fire, such underground tanks shall not be uncovered until they are free of liquid.

(4) Unless otherwise provided for in these Orders, safety relief valves shall have direct communication with the vapor space of the vessel.

(5) Safety relief valves located on stationary tanks over 2,000 gallons capacity shall be fitted with ferrous or suitable copper alloy standpipes which will discharge at least 2 feet above the top of the tank but not less than 10 feet above ground level. These standpipes shall not be threaded at the open end, and shall be fitted with suitable raincaps and shall be provided with a drain opening at their lower end unless the safety relief valves discharging into the standpipes are fitted with suitable drain openings. Return bends and pipe fittings at the upper ends of safety relief valve discharge pipes shall be prohibited. Standpipes shall be adequately braced or otherwise supported if over 4 feet in length.

(6) The outer tank of LNG vessels shall be provided with one or more relief devices set to open at not more than the maximum design working pressure of the outer tank. The discharge area shall be not less than .00024 square inch per pound of water capacity of the inner tank.

§542. Warning Signs.

(a) All tanks and cylinders in excess of 60 gallons capacity, except transportation tanks and fuel tanks on motor vehicles, shall have the word “FLAMMABLE” painted or otherwise suitably applied on each side that is readily visible. The letters of this sign shall be standard type and shall have a height of at least 1/12 of the diameter of the tank, but need not be in excess of 1 1/2 inches for tanks of 575 gallons capacity or less, or 4 inches for tanks exceeding 575 gallons capacity.

Transportation tanks shall have warning signs as required by the Department of Highway Patrol.

(b) Warning signs with the words “NO SMOKING OR OPEN FLAMES PERMITTED WITHIN ____FEET” shall be painted or otherwise suitably applied in letters at least 1 1/2 inches high, in sharply contrasting colors on each stationary tank or on a sign posted adjacent to the tank. This sign shall also be posted adjacent to all loading and unloading terminals and vaporizers located more than 50 feet from the tank.

Note: The distance shall be that shown in the following table:

Volumetric Capacity of

Tanks and Cylinders Minimum Distance

in U. S. Gallons From Open Flame

60 to 575 U. S. gallons inclusive 10 feet

576 to 2,000 U. S. gallons inclusive 25 feet

Over 2,000 U. S. gallons 50 feet

(c) When 2 or more tanks are installed in battery, the requirements of Order 542 (a) and (b) will be considered as being complied with when the required warning signs are prominently displayed on all exposed sides of tanks.

§543. Storage, Transfer and/or Vaporization of Natural Gas Within Buildings for the Purpose of Filling Motor Fuel Tanks or for Operating Stationary Internal Combustion Engines.

History

(a) CNG may be stored and LNG may be stored or vaporized within a building or an enclosure providing that the structure is of non-combustible construction, that it is used for industrial purposes only and that the floor area does not exceed 500 square feet.

(b) The space shall be used exclusively for the vaporization of the CNG or LNG or for the storage of not more than a total of 41,500 standard cubic feet of CNG or 500 gallons of LNG. If vapors heavier than air can be present, the structure shall not be below ground level and the space below the floor shall either be of solid fill or else properly ventilated to the open air.

(c) In all cases ventilation must be provided at both floor and ceiling levels and shall be considered adequate when no mixture of flammable gases is permitted in concentrations exceeding 20 percent of the lower flammability limit for the mixture. The requirements of this paragraph may be met by either:

(1) A continuously operating mechanical ventilation system.

(2) A gravity ventilation system composed of a combination of wall vents at the floor level and roof ventilators, or

(3) A combination of the two.

(d) Pumps and compressors should be located outdoors in a freely ventilated area. If installed within a building, such building shall be open on at least one side or be of louvered construction on at least two sides unless other acceptable ventilation is provided and it shall also be equipped with adequate roof ventilators.

(e) All electrical wiring and electrical equipment shall be suitable for use in Class 1, Division 1 location if natural gas is transferred within a building or enclosure. All other electrical wiring and electrical equipment located within a building where there is no transfer shall be suitable for use in a Class 1, Division 2, hazardous location.

(f) All gas piping to the building shall be provided with shutoff valves located outside the building. (Title 24, T8-543)

HISTORY

1. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

§544. Installation of Fuel Tanks or Cylinders for Motor Vehicles and Industrial Trucks.

History

Note: This Section does not apply to those vehicles under the control of the Department of Highway Patrol, except subsections (p), (q), and (r).

(a) Motor fuel tanks or cylinders shall be located in a place and in a manner to minimize the possibility of physical damage.

(b) Motor fuel tanks or cylinders for passenger type vehicles may be located in the trunk compartment provided the trunk compartment is properly ventilated and the safety relief valve discharge is piped outside. When a motor fuel tank or cylinder is installed inside a trunk or other compartment, positive means shall be provided to prevent leakage of natural gas into the passenger or driver's compartment. Vehicle tanks or cylinders that have their connections or appurtenances in the end shall have as much space as possible for connecting the required flexible metal hose or tubing and for operating the manually operated shutoff valve.

(c) If radio transmitting or receiving equipment is located in the same compartment as the fuel tank or cylinder such transmitting or receiving equipment shall be enclosed in a vapor-tight compartment or otherwise protected from escaping fuel, unless the radio equipment is approved for use in a Class 1, Division 1, Group D location.

(d) For passenger-carrying or other commercial vehicles, motor fuel tanks or cylinders and their valves and appurtenances may be installed in a recess which is vapor-tight to the inside of the vehicle and accessible from and vented to the outside.

(e) Valves, fittings and appurtenances containing natural gas shall not be located in the passenger or driver compartment unless all such valves fittings and appurtenances are positively sealed off from and vented to a point outside the passenger or driver compartment.

(f) Each motor fuel tank shall be provided with a manually operated shutoff valve screwed directly into the tank connection. The manual shutoff valve shall be readily accessible or an electrically operated valve shall be installed in the line next to the manual valve. The manual shutoff valve shall be legibly labeled “Shutoff Valve.” In installations of multiple cylinder manifolding, there shall also be a master shut-off valve either electrically or manually operated and located downstream from but as close as possible to the last cylinder in the series. In these cases there shall be a label indicating “Shut-off Valve” at the master valve and the individual tank valves need not be labeled.

(g) Motor fuel tanks or cylinders shall be installed in such a manner that the bottom of the vessel and/or any connection thereto shall not be lower than the lowest horizontal axle when the vehicle is fully loaded.

(h) Vents from control devices shall discharge outside the trunk compartment or other confined space.

(i) Motor fuel tanks or cylinders shall be secured in a manner to prevent jarring loose, slipping or rotating of the tanks. Such fastening shall be designed to withstand loadings in any direction equal to the filled weight of the tank with a factor of safety of at least 8. Motor fuel tanks or cylinders shall not be fastened directly to the gasoline fuel tank. Compensation shall be made for the added weight by proper design or redesign of the vehicle suspension system when the loaded weight of the vehicle exceeds the manufacturer's maximum specifications.

(j) Manifolded motor fuel tanks or cylinders shall be supported and held together as a unit by structurally adequate means. Manifolded branch lines shall be sufficiently flexible to prevent damage to the lines, valves and tanks due to vibration, expansion or contraction. Valves and appurtenances shall be protected from mechanical damage either by being located in recessed wells or by adequate guarding.

(k) All connecting parts of the fuel system shall be installed in such a manner as to prevent abrasion, vibration or fatigue and physical damage.

(l) Field welding, where necessary, shall be made only on saddle plates, brackets or other non-pressure parts that were provided and installed by the manufacturer of the tank or cylinder. There shall be no welding on the vessel shell or heads other than that by the manufacturer unless the welding is acceptable to the authorized inspector.

(m) The connection between the motor fuel tanks or cylinders and the reducing valves, vaporizer or other devices used to reduce the pressure to that needed for carburetion shall be of flexible metallic tubing, wire-braided hose or equivalent with a factor of safety of not less than 5 for the most severe pressure and temperature design conditions. There shall be as few connections and fittings as practicable.

(n) Automatic pressure reducing equipment shall be used for the purpose of reducing the pressure of natural gas to the carburetor, which shall not exceed 5 psi. Positive means shall be provided to prevent malfunction due to refrigeration effects. There shall be a device in the fuel supply system which will automatically stop the flow of fuel when the engine is not running.

(o) Each driver shall be trained in the safe use of this fuel system and be provided with a set of operating instructions. The driver's employer shall be responsible to see that this is done.

(p) While the natural gas motor fuel tank or cylinder is being filled, the vehicle parking or emergency brakes shall be set and the motor shut off. All transfer operations shall be supervised by an attendant familiar with the transfer operation. The attendant may be considered familiar with the transfer operation after he has been provided with a set of instructions and has performed the transfer operation at least through 3 full cycles under supervision. Where LNG motor fuel tanks or cylinders are being filled, the attendant shall remain at the controls necessary to stop the transfer operation.

(q) Fill connections for motor fuel tanks or cylinders shall have at least one back-flow check valve or device. Quick disconnect couplings may be used provided they are designed for the most severe pressure and temperature conditions with a factor of safety of at least 5 and provided they are leak-tight in the connected and disconnected shutoff conditions. These couplings shall not be used in lieu of any required manually operated shutoff valves.

(r) When motor vehicles are to be parked within buildings, adequate provisions shall be made such as roof ventilation to prevent gases lighter than air from being trapped at ceiling level. No source of ignition, electrical or otherwise, shall be permitted at those levels. (Title 24, T8-544(r))

HISTORY

1. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

Article 10. Safe Practices

§560. Safe Practices.

History

(a) No person shall do any of the following:

(1) Remove, displace, damage, destroy, or carry off any safety device, safeguard, notice, or warning for use in any employment or place of employment, or interfere in any way with their use by any other person (this is not intended to prohibit the removal for repair or maintenance of any safety device provided such device or a suitable replacement is reinstalled before the unit is replaced in service).

(2) Interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment or places of employment.

(3) Fail or neglect to do every other thing reasonably necessary to protect the life and safety of employees.

(b) The following Safety Orders from California Administrative Code, Title 8, are hereby made a part of these orders.

(1) General Industry Safety Order 3301: Use of Compressed Air or Gases. See Appendix B.

(2) General Industry Safety Order 3304: Miscellaneous Use of Compressed Cylinder Gas. See Appendix B.

(3) General Industry Safety Order 3312: Entering Combustion Chambers, Flues, Boilers or Unfired Steam Pressure Vessels. See Appendix B.

(4) General Industry Safety Order 3518: Air Compressors. See Appendix B.

(c) Compressed gases shall not be used to elevate or otherwise transfer any substance from or to a container unless the container(s) is/are designed to withstand the maximum possible pressure that may be applied with a factor of safety of at least 4.

Compressed gases shall not be used for pressure testing of any object until a safe pressure and procedure have been established.

Except where pressure tested in accordance with (d), elastic materials must not be gas tested at pressures above 67% of the minimum specified yield point at test temperature. Brittle materials must not be gas tested above 40% of the minimum specified ultimate strength without remote operation and missile shielding. “Brittle Material” is defined for this section as having a minimum specified elongation of 4% or less.

(d) Hydrostatic or Pneumatic Testing (subchapters 1 and 2) of Pressure Vessels, and included piping over 2” diameter.

(1) The rules of applicable Codes or Standards shall be used for hydrostatic, pneumatic or combination hydrostatic-pneumatic testing. Proof tests and tests to failure must also use procedures allowed by applicable codes or standards. If no applicable code or standard exists, the test procedure must be reviewed and accepted by the Division.

(2) All valves, fittings and flanges used for pressure testing equipment, for either new construction or repair, shall have a minimum pressure rating equal to the test pressure. Use of an applicable ANSI standard pressure-temperature table such as in ANSI B16.5, is acceptable to determine the pressure rating.

(3) Except as allowed in (4), all temporary closures shall be threaded, flanged with full bolting, or attached with full penetration welds; welded temporary closures must be so placed to preclude distortion or damage to the vessel or piping being tested.

Threaded connections shall conform to the following table:

MINIMUM NUMBER OF THREADS PER CONNECTION

(a) Pressures up to and including 300 psi

Size of pipe connection, in. 1 & 1 1/4 1 1/2 & 2 2 1/2 to 4 4 1/2 to 6 7 & 8 9 & 10 12

Threads engaged 4 5 7 8 10 12 13

Min. plate thickness required, in. 0.348 0.435 0.875 1.0 1.25 1.5 1.625

(b) Pressures above 300 psi

Size of pipe connection, in. 1/2 & 3/4 1 to 1 1/2 2 2 1/2 to 3 4 to 6 10 12

Threads engaged 6 7 8 8 10 13 14

Min. plate thickness required, in. 0.43 0.61 0.70 1.0 1.25 1.62 1.75

(4) The use of expansion plugs or serrated plugs without through stays is limited to 6” nominal pipe size and/or 150 psi; for use of such devices above these limits specific written test procedures must be developed by the employer to protect against injury in the event the plug blows out.

Such instructions may include applicable data and recommendations furnished by the plug manufacturer and must include the following as a minimum:

(A) Identification by function of the personnel responsible for the various procedures.

(B) The test plugs must be well maintained and inspected by the designated employee before use.

(C) Any opening to be plugged shall satisfy any limitation on straightness, roundness and diameter and shall be cleaned of dirt, mill scale or oil.

(D) The plug must be of the correct size and pressure rating, including any limitations on the test fluid or test temperature. It must be inserted for full length of engagement, in accordance with the plug manufacturer's instructions.

(E) The test piece must be so oriented to minimize probability of the plug striking personnel or equipment if the plug is ejected. All air must be vented from objects to be hydrostatically tested. Test plugs shall be barricaded or equipped with arresting devices when pneumatic pressure is used for testing.

(F) Provision shall be provided for safe egress. No one shall be allowed to stand in front of the test plug or in line of probable trajectory during test.

(G) No one shall be allowed to stand on top of the object being tested, or on a ladder to the test section until the test object is brought up to full test pressure, held at test pressure for at least ten minutes, and pressure is reduced to a predetermined safe level.

(H) Pressurization shall be stopped at intervals to check pressure gage (s) and position of test plug (s).

(I) The test pressure shall be reduced to zero before the plugs are loosened for removal.

(J) Damaged or expanded closure ends must be cut off.

(K) All repairs to test plugs shall follow the plug manufacturer's instructions.

(5) Pipe test machines are acceptable for use after they have been reviewed by the Division for safe operational procedures.

(6) Pressure during test must be controlled within 5% above the required test procedure. Protection against overpressure must be provided at 110% of the test pressure. A relief valve setting of 133% of the test pressure may be used, for elastic materials only, where calculations show that 133% of the test pressure will not exceed 90% of the specified minimum yield strength of the material. The discharge from the safety relief valve or rupture disc must be led full size to a safe place.

The requirement for a relief valve may be waived by a Qualified Pressure Vessel Safety Engineer or Certified Pressure Vessel Inspector if the only source of test pressure is a handpump.

(e) Railroad tank cars containing compressed gas may not be used for interrupted unloading into smaller containers, unless permitted by the Federal Department of Transportation. Provisions for such unloading shall conform to DOT regulations

See Petroleum Safety Orders, Sections 6879, 6880 and 6881 for requirements covering transfer operations at sidings inside petroleum refineries and distribution plants.

(1) An adequate unloading facility must be provided, and provisions must be made to support the transfer hoses. The transfer attendant must not be required to haul the transfer hoses up or down the tank car ladder.

(2) A bulkhead must be provided to prevent pullaway of the transfer hoses and/or to prevent imposing piping loads on the tank car valves. The bulkhead must be designed to withstand a horizontal pull of at least 2,000 pounds in any direction unless other adequate protection is provided. The unloading connections shall be firmly secured to the bulkhead. Excess flow valves, check valves or equivalent devices shall be provided where pipe or hose size is reduced.

The Qualified Transfer Attendant shall be instructed in all phases of the transfer operation. The instructions shall include a prohibition against overfilling any tank. Note: All valves in the transfer system must be fully open in order for an excess flow valve to function, so internal valves or check valves should be used whenever possible. The tank car excess flow valves are located in the internal piping beneath the dome.

Note: Bonding and grounding of the tankcar and transfer equipment may be required for compressed flammable gases by railroad leasing agreement or by the local fire official.

(3) Written notification shall be given the Division and the local fire official of each non-permanently equipped transfer site. In emergencies, verbal notice may be given followed by written confirmation. Each such site shall be located, with respect to the minimum distance tables as outlined in Section 501(c) for NH3 or Sections 475(a) and (b) for Flammable Compressed Gas. Sites for transfer of other compressed gases must be at least 50 feet from railroad main track or important buildings. The working areas must be kept clear of debris and all transfer equipment must be protected from physical damage. Transfer shall be done only during daylight hours unless the transfer area is equipped with a lighting system and which provides at least 5 foot candles of illumination at all points of operations.

(4) Vehicle and tank car wheels must be blocked during transfer. Tank car brakes must be set. Tank cars must not be left connected to hoses and/or pipelines except during the unloading operation and while the qualified transfer attendant is present and in charge, unless the tank car valves are closed and locked, hoses are depressurized and/or a hydrostatic relief valve is installed between shutoff valves.

Valves on vehicles must be closed and locked except during transfer. Where vehicular container valves cannot be locked closed, the filling hose(s) must be disconnected when the qualified attendant is not present.

(5) Transport tank trucks and towed vehicles may load into the tank cars if they are also equipped with pullaway protection, in addition to meeting the requirements of paragraphs (1) through (4). A brake interlock system that is acceptable to the Division, and is connected to the truck tank unloading hose connection, is considered as an adequate pullaway safeguard.

Personal protective devices and safety equipment which are required and used for stationary storage facilities must be provided. Fire extinguishers must be provided for flammable compressed gases and anhydrous ammonia as required by the applicable safety order.

HISTORY

1. New subsection (e) filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 19). For prior history, see Register 76, No. 51.

Appendix A

Minimum Capacity Requirement Of Relief Valves for Fire

Exposure For Liquefied Natural Gas Tanks and Vaporizers

A1. The minimum total heat influx during a possible fire exposure of an insulated container shall be computed by the applicable formula:

Note: Equation (1) shall be used for vaporizers with external insulation and Equation (2) for uninsulated vaporizers. The value of A is obtained by adding the area of the shell in contact with LN-Gas and the area of heat exchange surface in contact with LN-Gas.

(1) H = 1560C1A0.82+ Hn

where:

H = Total heat influx, Btu per hour.

C1 = Conductance of the insulation, Btu/sq. ft.-hr.-deg. F. (The value of C increases with temperature and a mean value for the range from -260 F to +1660 F should be used.)

A = Total exposed wetted surface area in sq. ft.

Hn = Total normal heat gain to the stored liquid without fire exposures and at maximum ambient temperatures, Btu per hour.

A2. If the insulation system, including any jacketing material, is such that it will disappear, deteriorate or dislodge in an exposure fire, a higher heat gain will occur. This requires special consideration depending upon the extent of loss of the insulating properties. If only a part of the insulation is lost, the heat gain may be estimated by the formula:

(2) H = (34,500 - 360C2)A0.82+ Hn

In this case, the value of C2 should be the mean value for the range from -260o F to +100o F.

A3. The required relief valve capacity shall be computed by the formula

(3) Qa = 3.09(H/L)√(T/M)

where:

Qa = Required flow capacity of air, cu. ft. per hour at 60 F and 14.7 psia.

H = Total heat influx, Btu per hour from the formula (1) or (2).

L = Latent heat of vaporization of the stored liquid, Btu per lb. (219 may be used for LN-Gas).

T = Absolute temperature of the gas at the relief valve inlet, deg. R.

M = Molecular weight of the gas (16.0 may be used for LNG).

HISTORY

1. Relocation of Appendix A filed 12-14-76; effective thirtieth day thereafter (Register 76, No. 51).

Appendix B

3301.1 Use of Compressed Air or Gases.

(a) Compressed air and other compressed gases in excess of 10 pounds per square inch gauge shall not be used to blow dirt, chips, or dust from clothing while it is being worn.

(b) Compressed air or gases shall not be used to empty containers of liquids where the pressure can exceed the safe working pressure of the container.

(c) The use of compressed air shall be so controlled, and proper personal protective equipment or safeguards utilized, as to protect against the possibility of eye or body injury to the operator or other workers.

(d) Abrasive blast cleaning nozzles shall be equipped with an operating valve which must be held open manually. A support shall be provided on which the nozzle may be mounted when it is not in use.

(e) Compressed gases shall not be used to elevate or otherwise transfer any hazardous substance from one container to another unless the containers are designed to withstand, with a factor of safety of at least four, the maximum possible pressure that may be applied.

Note: For further guidance in the utilization of compressed gases in cylinders see Group 10; for portable tanks, rail tank cars, or motor vehicle cargo tanks, see Compressed Gas Association Pamphlet P-1-1965.

1 Reprint General Industry Safety Order, Section 3301, Use of Compressed Air or Gases, from the California Administrative Code, Title 8, Subchapter 7 (Register 75, No. 29).

3304.2 Miscellaneous Use of Compressed Cylinder Gas.

(a) Employers shall not permit the use of compressed cylinder gas for testing pressure vessels unless there is installed in the compressed gas supply line or on the vessel being tested a pressure relief device set to function at a pressure not to exceed the safe working pressure of the vessel.

(b) Compressed gas shall never be used from a cylinder or cylinder manifold where pressures dangerous to employees may develop unless an accepted pressure regulating device is installed on the cylinder valve or manifold. The term “accepted” here means that the pressure regulating device is listed by Underwriters' Laboratories or some other recognized authority of equivalent standing.

Note: Cylinder as used in this order means an Interstate Commerce Commission compressed gas cylinder.

2 Reprint General Industry Safety Order, Section 3304, Miscellaneous Use of Compressed Cylinder Gas, from the California Administrative Code, Title 8, Subchapter 7 (Register 72, No. 23).

3312.3 Entering Combustion Chambers, Flues, Boilers or Unfired Steam Pressure Vessels.

(a) Before employees are allowed to enter, through a manhole, the shell or drum of a steam boiler or an unfired steam pressure vessel for maintenance or repair, where such a boiler or pressure vessel is one of a battery of two or more boilers or vessels or is connected to another source of steam, the valves connecting to the steam header or other source of steam shall be closed and effectively blinded or two valves shall be installed with a bleeder between them and the valves shall be closed and bleeder open. Blow down valves and other valves on lines through which harmful material might accidentally flow back to the boiler or vessel shall be either sealed or closed and locked and the key retained by the employee or his supervisor while the employee is in the boiler or vessel. When lines are effectively blinded the valves need not be locked or sealed.

(b) Employees shall not enter or be required to enter the fire boxes, flues or combustion chambers of fired apparatus until:

(1) The pilot light, fuel and steam lines to burners entering the fire box or combustion chamber have been blinded, disconnected or effectively closed by the use of two block valves with an open bleeder between them.

(2) All probability of ignition of any solid combustibles in the fire box or combustion chamber has been removed.

3 Reprint of General Industry Safety Order, Section 3312, Entering Combustion Chambers, Flues, Boilers or Unfired Steam Pressure Vessels, from the California Administrative Code, Title 8, Subchapter 7 (Register 72, No. 23).

3518.4 Air Compressors.

(a) Air compressor discharge lines having a block valve between the air receiver and compressor shall have a pressure relieving safety device installed in the line between the compressor and block valve. The pressure relieving safety device shall be set to open at a pressure not to exceed the rated working pressure of the cylinder. The relieving capacity of the pressure relieving safety device shall be such as to prevent a rise of pressure in the compressor cylinder of more than 10 percent above its maximum allowable working pressure, and the discharge shall be to a safe place.

The installation of this pressure relieving safety device is not to be considered as providing the required safety relief valve for the protection of the air receiver.

(b) Air compressor intake lines shall not be located in atmospheres containing explosive concentrations of flammable gases or vapors.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New Appendix B (Sections 3301, 3304, 3312, and 3518) filed 12-14-76; effective thirtieth day thereafter (Register 76, No. 51).

4 Reprint of General Industry Safety Order, Section 3518, Air Compressors, from the California Administrative Code, Title 8, Subchapter 7 (Register 72, No. 23).

Appendix C

Acceptance Tests for Plastic Piping

The following are tests that shall be passed for acceptance of plastic piping for the conveyance of compressed air:

1. Test for impact resistance at 0o C: (32o F)

Objective: To determine if the material will withstand the energy of impact without fracturing through the complete wall thickness.

Form of test specimen: Each specimen shall be a section of pipe, of a length equal to twice the nominal size or 150 mm (6”), whichever is greater, subject to a maximum length of 300 mm (12”). The ends of the specimen shall be cut clean and equal to the axis of the pipe.

For “round-the-clock” testing, each specimen shall be marked with the number of longitudinal lines shown in Table 1.

Note: For pipe sizes 50 mm (2”) and over, specimens are subjected to impact equally spaced around the pipe; this procedure is known as “round-the-clock” testing.

Apparatus: A falling weight machine (an example of which is shown in Figure 1) shall be used and shall consist essentially of the following:

a. A main frame which can be rigidly fixed in a true vertical position.

b. Guide rails, carried from the inside of the main frame, on side bearings which can be adjusted to keep them parallel and vertical.

c. A weighted striker that can fall freely within the guide rails and that is equipped with a hardened hemispherical striking surface 25 mm (1”) in diameter. The striking surface shall be free from flats and/or other imperfections.

d. An appropriate set of weights which can be firmly attached to the striker to enable the combined weight to be adjusted to the values shown in Table 2.

Procedure: Adjust the total energy of the striker to the value appropriate to the pipe diameter being tested as shown in Table 2.

Condition each specimen in a water or ethylene glycol bath for at least one hour prior to the test at a temperature of 0o C (32o F) + 1o. Test individual specimens within 10 seconds of removal from the bath. allow the striker to fall freely onto the pipe specimen, which is centrally mounted on the vee block support.

Specimens from 10 mm (3/8”) to 38 mm (1-1/2”) (inclusive) nominal size shall be subjected to a single strike only.

For pipe size 50 mm (2”) and above. Place the pipe on the vee block, so that one of the marked lines is uppermost. Then allow the weight striker to fall freely on the marked line on the pipe as described above. If the specimen does not fail as a result of cracking or splitting through the pipe wall, rotate the specimen until the next marked line is uppermost in the vee block, and cause a second blow to be made by the striker. Repeat the process until all the marked lines have been tested, or until a failure is recorded.

If the required sequence of impacts has not been completed within 10 seconds, interrupt the procedure and immediately recondition the specimen at a temperature of 0o C (32o F) + 1o for at least 10 minutes.

Fracturing or cracking through the complete wall thickness of the test specimen shall be a failure.

The following tests (Nos. 2 & 3) are intended to simulate a potential destructive impact. Splitting through the pipe wall or puncture is acceptable for passing results, if:

(a) No separation of one part of piping length from its mating part occurs.

(b) No separation of any material fragment from the body of the piping occurs.

2. Test for impact resistance at design pressure at 0o C (32o F) with blunt striker. Testing procedures and apparatus shall be the same as Test No. 1, except:

(a) Pressurize and maintain pipe sample at design pressure and cool to 0o C (32o F) as in Test No. 1.

(b) Energy of the striker to be twice the total energy of Table 2.

3. Test for impact resistance at design pressure at 0o C (32o F) with sharp striker. Same as Test No. 2 in all cases, except with a chisel edged sharp striker (Figure 2).

4. The plastic piping systems shall be capable of sustaining without failure at least 600 psi when tested to the Standard Test Method for Short-Time Hydraulic Failure Pressure of Plastic Pipe, Tubing, and Fittings, using ASTM Designation No. D1599-86 (1986) which is herein incorporated by reference. This test shall be performed on each batch of pipe and fittings.

5. The plastic piping system shall be capable of sustaining without failure at least 460 psi when tested to the Standard Test Method for Time-to-Failure of Plastic Pipe Under Constant Internal Pressure using ASTM Designation No. D1598-86 (1986), which is herein incorporated by reference, for at least 1,000 hours. This test shall be performed anytime there is a change in:

(a) material composition, compound or processing technique;

(b) design or size of joint or fitting;

Table 1.

Number of Lines For “Round-the-Clock” Testing

Number of Equidistant

Normal Size mm (inches) Lines to be Drawn

50 mm (2”) 3

63 mm (2-1/2”) 4

75 mm (3”) 4

100 mm (4”) 6

Table 2.

Energy of Striker

Total Energy

Normal Size of Pipe of Striker

mm (inches ft. lbs.

10 mm (3/8”) 22

12 mm (1/2”) 33

19 mm (3/4”) 43

25 mm (1”) 54

38 mm (1-1/2”) 65

50 mm (2”) 76

63 mm (2-1/2”) 98

75 mm (3”) 98

100 mm (4”) 110

(c) Whenever an owner or user of any apparatus or equipment fails to pay the fees required under this section within 60 days after notification, said owner or user shall pay, in addition to the fees required under this section, a penalty fee equal to 100 percent of such fee. For the purpose of this section, the date of the invoice shall be considered the date of notification.

Embedded Graphic 08.0140

HISTORY

1. New Appendix C filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Repealer and new Appendix C filed 4-8-92; operative 5-8-92 (Register 92, No. 18).

3. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

Appendix D

Embedded Graphic 08.0141

Embedded Graphic 08.0142

Embedded Graphic 08.0143

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix D filed 1-30-2002; operative 3-1-2002 (Register 2002, No. 5).

Subchapter 2. Boiler and Fired Pressure Vessel Safety Orders

(Originally Printed 4-20-45 As Boiler Safety Orders

Repealer and New Subchapter 2 Filed 8-18-55)

Article 1. Scope of These Orders

§750. Application of Boiler and Fired Pressure Vessel Safety Orders.

Note • History

(a) These orders establish minimum standards for:

(1) The design, construction, installation, inspection, operation, and repair of all power boilers and nuclear boilers in California not specifically exempted from these Orders.

(2) The design, construction, installation, operation, and repair of all low-pressure boilers and high-temperature water boilers in California not specifically exempted from these Orders.

(3) The design and construction of fired pressure vessels in California not specifically exempted from these orders.

(b) After the date on which these orders become effective, all installations and equipment shall conform to these orders.

Exception: Existing installations and equipment which were in compliance with safety orders, or variances therefrom, in effect prior to the effective date of these safety orders, unless the hazard presented by the installation or equipment is, in the judgment of the Chief of the Division, of such severity as to warrant control by the application of the applicable sections of these orders.

Note: Unless otherwise designated in this subchapter, the phrase “Division” refers to the current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

NOTE

Authority cited: Section 6307, Labor Code. Additional authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 6302(d), Labor Code.

HISTORY

1. Repealer and new subsection (b) filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33). For prior history, see Register 66, No. 38.

2. Amendment of subsection (b) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

§751. Boilers and Fired Pressure Vessels Not Subject to These Orders.

These orders are not applicable to the following:

(a) Boilers and fired pressure vessels under the jurisdiction or inspection of the United States Government.

(b) Boilers and fired pressure vessels used in household service.

§752. Variances.

Note • History

(a) Any employer may apply to the Division for a temporary order granting a variance from an occupational safety and health standard. Such temporary order shall be granted only if the employer files an application which meets the requirements of Sections 6450 through 6457, inclusive, of the California Labor Code.

(b) Any employer may apply to the Occupational Safety and Health Standards Board for a permanent variance from an occupational safety and health standard, order, or portion thereof upon a showing of an alternative method, program, practice, means, device or process which will provide equal or superior safety for employees. Such application shall conform to the requirements of the California Administrative Code, Title 8, Chapter 3.5.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33).

Article 2. Definitions

§753. Definitions.

Note • History

Age: Period of time since date of manufacture or nearest estimate if date of manufacture is unknown.

ANSI Standards: Standards approved as American National Standards by the American National Standards Institute, Inc.

Appurtenance A device installed on and used in the normal operation of the boiler. This includes the piping between the boiler and device, but does not include piping beyond that point unless specifically required elsewhere in these Orders.

ASME: The American Society of Mechanical Engineers.

Automatic Safety Shutdown Devices: Safety controls (other than operating controls) which monitor certain essential operating conditions of a fired boiler and which will shut down the boiler in the proper sequence when any of the essential conditions vary from set limits and require the services of the attendant to place the boiler back in operation.

Automatically Controlled Boiler: A boiler equipped with devices to maintain the burner firing conditions, the pressure and/or temperature, and the water level or water content within the predetermined limits without manual manipulation.

Boiler: A fired or unfired pressure vessel used to generate steam pressure by the application of heat. (This definition is intended to include “steam generators” and “forced--circulation boilers” but excludes “unfired evaporators.”) [Note definition of: Code Boiler, High Temperature Water boiler, Low Pressure Boiler, Miniature Boiler, Nuclear Boiler, Power Boiler, Secondhand Boiler].

Certificate of Competency: Certification issued by the Division to persons who have satisfactorily passed the written boiler inspector's examination prescribed by the Division.

Certified Inspector: a person who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel is constructed, who has an unrevoked certificate of competency issued pursuant to this part, and who is employed by any one of the following:

A county.

A city

An insurer.

An employer, for the purpose of inspecting only tanks and boilers under his jurisdiction.

Code: The applicable sections of the ASME Boiler and Pressure Vessel Code and of the ANSI Standards.

Power Boilers. Section I, 1977 edition, (except PG--39 and PW--35 for which the 1974 edition will be used).

Material Specification, Section II, 1977 edition.

Nuclear Power Plant Components, Section III, 1977 edition, Division 1 and 2 (except NB/NC/ND--3612(a)(3), for which the 1974 edition will be used).

Heating Boilers, Section IV, 1977 edition.

Pressure Vessels, Section VIII, 1977 edition.

Welding and Brazing Qualifications, Section IX, 1977 edition.

Rules for In service Inspection of Nuclear Power Plant Components, Section XI, 1977 edition.

Power Piping, ANSI B 31, 1, 1977 edition (except nonmetallic pipe such as plastic is not acceptable unless permitted by specific safety orders).

Code addenda shall become effective six months after the date of issuance unless exception to specific parts thereof are made in the interim by the Division.

Code Boiler: a boiler constructed, inspected, and stamped as required by the code.

Division: Division of Industrial Safety.

Evaporator: An apparatus, usually closed, for driving off superfluous liquid, as in concentration plants for sugar and syrup, in fruit drying, etc., or for evaporating liquid for subsequent condensation to purify it, as from salts held in solution.

Existing Installations: Boilers installed in California prior to the adoption of these orders and in compliance with the safety orders of the Division in effect at the time of installation.

External Inspection: An inspection of all visible external surfaces and appurtenance of an installed boiler or fired pressure vessel. Where practicable this inspection shall be made with the boiler in operation to permit the inspector to witness the operation of the controls.

Field Inspection: An inspection of an installed boiler or fired pressure vessel.

Fired Pressure Vessel: A metallic vessel other than a boiler in which vapor pressure is generated in excess of 15 psi by direct firing with a solid, liquid, or gaseous fuel or by electric heating elements. (This does not apply to a coil or tubular section in which a fluid or other product is being continuously circulated by means of a pump or other mechanical device, provided the pipes or tubes do not exceed 6--inch size.)

Full Safety Pilot Control: A control that will shut off the fuel to the main burner and to the pilot burner and require manual resetting if:

The pilot burner flame should be extinguished, or

In the case of spark ignition, the main burner fails to light after 1 recycle of operation of the ignition mechanism.

High Temperature Water Boiler: A fired or unfired pressure vessel used to heat water to temperatures above 212o F. At pressure exceeding 160 psi or to temperatures exceeding 250o F regardless of pressure.

Internal Inspection: Inspection of all accessible internal and external surfaces of a boiler or fired pressure vessel and its appurtenances.

Low--pressure Boiler: A boiler which does not:

Operate at steam pressure or with steam safety valve settings exceeding 15 psi (low--pressure steam boiler), or

Operate at water pressure exceeding 160 psi or water temperatures exceeding 250o F (hot water heating boiler).

This definition is not intended to include domestic type water heaters provided all of the following are complied with:

The heater does not have more than 120--gallon water capacity.

The heater is used only for heating service water.

The operating control on all automatically controlled heaters is installed by the manufacturer and is of a type that cannot be regulated to increase the water temperature at the top of the heater to more than 200o F.

A non--adjustable control is installed on all automatically controlled heaters by the manufacturer and set to shut off the heat input when the temperature at the top of the heater is 210o F or less. This control and the necessary fuel valve, switch, etc., shall be separate from the operating mechanisms required in (C) above.

Automatically controlled gas or oil fired heaters shall have a safety pilot mechanism installed by the manufacturer and so arranged that fuel will be shut off to both the main burner and pilot burner in case of failure of the pilot burner flame or of the spark igniter.

The heater is approved by the American Gas Association or other testing laboratory acceptable to the American National Standards Institute.

The heater is protected against over--pressure than the maximum allowable working pressure of the heater and having a relieving capacity in BTU/hr at least equal to the burner output.

Coil--type swimming pool heaters at places of employment rated at or below 400,000 BTU/hr input need not be considered boilers provided all of the following conditions are complied with:

They are used to heat pool water to a maximum temperature of 140o F, with a maximum pressure stamping of 150 psi.

The inside diameter of the tubes shall not exceed 1/8”.

The water volume within the casing does not exceed 6 gallons.

Pool heaters with 200,000 BTU/hr input and less need not be ASME Code, but shall be built to good engineering practice, and have a minimum factor of safety of 4.

They shall have an ASME Code safety valve rated at the full BTU output, and set at or below the stamped maximum allowable working pressure of the heater.

The maximum voltage of the control circuit shall be 120 volts.

The burner shall have a safety pilot mechanism installed by the manufacturer that will shut off the fuel to both the main burner and pilot burner in case of failure of the pilot burner or of the spark ignitor. The maximum time until the fuel valve is fully closed shall be 90 seconds for burners not exceeding 400,000 BTU/hr input.

There shall be a flow switch or low water pressure switch installed by the manufacturer within the heater casing to monitor flow through the coil.

There shall be a high temperature limit switch set below the boiling point at atmospheric pressure. This is in addition to the operating temperature control, set at 140o F.

There shall be two main burner fuel valves piped in series, or a single fuel valve having two seats.

Coil--type steam vapor cleaners need not be considered as boilers provided all of the following conditions are complied with:

The larges nominal pipe or tubing size is 3/4,” and has no drums or headers attached. They shall be built to good engineering practice with a factor of safety of at least 4.

The nominal water containing capacity does not exceed 6 gallons.

A non--adjustable high limit temperature control shall be set to operate at or below 350oF.

Steam is not generated within the coil.

A safety valve set at or below the stamped maximum allowable working pressure, with relief capacity at least equal to the BTU output of the burner, shall be installed near the outlet.

Miniature Boiler: A boiler which does not exceed any of the following limits:

16 inches inside diameter of shell.

5 cubic feet gross volume, exclusive of casing and insulation. (This volume includes the total volume of the steam and water containing parts of the boiler plus the volume of the combustion space and gas passages up to the point of attachment of the smokestack or chimney breeching.)

20 square feet water heating surface.

100 psi maximum allowable working pressures.

National Board: The National Board of Boiler and Pressure Vessel Inspectors.

New Installations: Boilers and fired pressure vessels installed or reinstalled after the effective date of these Orders.

Nuclear Boiler: A device consisting of a vessel or system of vessels in which nuclear fuel is present and a nuclear chain reaction may take place or in which the reactor coolant is circulated for the purpose of heating a fluid for generating useful energy. Such nuclear boiler shall include the interconnecting piping up to and including the required valve or valves needed to isolate the vessel or system of vessels.

Oil Field Recovery Heater: A forced--circulation, once--through, water tube steam generator, used only in oil field thermal recovery operations, having no fired pressure parts larger than 4--inch pipe size and no other pressure part larger than 6--inch pipe size.

Power Boiler: Steam boiler operated at pressure exceeding 15 psi.

Proved Pilot: a device that will not permit the fuel valve to the main burner to open until a proper source of ignition is established to light the main burner.

Psi: Pounds per square inch gage.

Qualified Inspector: Either a certified inspector or qualified safety engineer.

Qualified Safety Engineer: A person who is qualified to make inspections or examination of boilers or tanks according to the rules under which the vessel is constructed and who holds a valid certificate of competency issued by the Division.

Relief Valve: An automatic pressure relieving device actuated by the static pressure upstream of such device which opens further with the increase in pressure over the opening pressure. It is used primarily for liquid service.

Resale Inspection: The inspection of any used boiler to determine its maximum allowable working pressure when reinstalled in accordance with these Orders.

Safety Relief Valve: An automatic pressure actuated relieving device suitable for use either as a safety valved or relief valved, depending on application.

Safety Valve: An automatic pressure relieving device actuated by the static pressure upstream of such device and characterized by full opening pop action. It is used for gas or vapor service.

Secondhand Boiler: A boiler that has changed both ownership and location.

Shop Inspection: Inspection of boilers and fired pressure vessels in a fabricator's shop, or at the jobsite during erection, as required by the Code.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (e--2) and amendment of subsection (s--4) filed 8--12--76; effective thirtieth day thereafter (Register 76, No. 33). for prior history, see Register 75, No.6

2. Amendment filed 6--15--79; effective thirtieth day thereafter (Register 79, No. 24).

3. Amendment filed 5--28--81; effective thirtieth day thereafter (Register 81, No. 22).

4. Editorial correction of printing error in Internal Inspection (Register 92, No. 29).

Article 3. Design and Construction

§754. Design and Construction of Power Boilers and High Temperature Water Boilers.

History

All new power boilers and high temperature water boilers shall be constructed, inspected, and stamped in full compliance with the applicable sections of the Code, unless the design and construction of the boiler are accepted by the Division as equivalent to Code.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

2. Repealer and new section filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33).

§755. Design and Construction of Fired Pressure Vessels.

History

(a) All fired pressure vessels shall be constructed, inspected, and stamped in accordance with the Code insofar as applicable. Those vessels not included in the scope of the Code shall be designed and constructed in accordance with good engineering practice regarding pressure vessel design for the pressure and temperature to be expected in service with a factor of safety of at least four.

(b) Good engineering practice as used in this article shall be construed to require the employer to provide details of design and construction which will be as safe as otherwise provided by the rules in the Code including shop inspection.

HISTORY

1. Repealer and new subsection (a) filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33).

§756. Design and Construction of Low-Pressure Boilers.

History

All new low-pressure boilers shall be constructed, inspected, and stamped in accordance with the Code, unless the design and construction are accepted by the Division as equivalent to Code.

HISTORY

1. Repealer and new section filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33).

§757. Design and Construction of Nuclear Boilers.

Note • History

All pressure vessels installed as a part of a nuclear boiler shall be constructed, inspected, and stamped in accordance with the Code, unless the design and construction are accepted by the Division as equivalent to Code.

All piping included as a part of a nuclear boiler, up to and including the valve or valves required to isolate the boiler system, shall be constructed, inspected, and stamped in accordance with the requirements for pressure piping in Section I of the Code--except that the Code symbol stamp may be omitted from the stamping required by that section of the Code.

NOTE

Authority cited: Section 6307, Labor Code. Additional authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-17-65; effective thirtieth day thereafter (Register 65, No. 24). Former section 757 renumbered to 758.

2. Repealer and new section filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33).

§758. Maximum Allowable Working Pressure of Existing Installations.

History

(a) The maximum allowable working pressure of any code boiler shall be determined by the provisions of the code effective when the boiler was manufactured and upon its condition, determined after an internal inspection.

(b) The maximum allowable working pressure of any non-code power boiler shall be determined by the standards of the Code with a factor of safety not less than:

(1) Five if the boiler had been inspected and reported to the Division prior to January 1, 1936.

(2) Eight if the boiler had not been inspected and reported to the Division prior to January 1, 1936, and is of lap seam construction.

(3) Seven if the boiler had not been inspected and reported to the Division prior to January 1, 1936, and is of butt-strap construction.

(4) Six if of welded construction, providing it can be proven to the satisfaction of the Division that the material, workmanship, and details of construction are equivalent to the requirements for Code boilers.

(5) The factor of safety permitted at the time of last internal inspection prior to the adoption of these orders; provided, however, that a lower factor of safety may be allowed at the discretion of the Division.

(c) A higher factor of safety than provided for in (b) above may be applied at subsequent inspections by any qualified inspector when deterioration or other defects are found that affect the safety of the boiler.

(d) The maximum allowable working pressure of a fired pressure vessel constructed prior to the effect date of these orders shall be established in accordance with the rules of the code when applicable, or in accordance with good engineering practice regarding pressure vessel design.

HISTORY

1. Renumbered from former Section 757 (Register 65, No. 24).

Article 4. Installation

§761. Safety Valves and Pressure Relieving Devices, Boilers.

Note • History

(a) Each power boiler, nuclear boiler, and high temperature water boiler shall have safety valves or pressure relieving devices constructed, stamped and installed in accordance with the applicable section of the Code, except:

(1) For existing installations the stamping required by the Code at the time of original installation may be accepted until the valves are replaced.

(2) Upon written request by the employer, the Division may permit three-way two-port valves to be installed under two safety valves, each with the required relieving capacity, provided they are so installed that both safety valves cannot be closed off from the boiler at the same time and provided the three-way valve will permit at least full flow to the safety valve in service at all time.

(b) The user shall maintain all pressure relieving devices in good operating condition. Where the valves cannot be tested in service, the user shall maintain and make available to the inspector records showing the test dates and set pressure for such valves.

(c) Pressure relieving devices with open discharge installations shall have piping and supports designed for pressure relief reaction forces in accordance with Appendix II of ANSI B 31.1.

The discharge from pressure relieving devices shall be piped to a safe location where:

(1) The discharge of steam or hot water will not present a hazard to employees.

(2) The discharge of steam or water will not be detrimental to any electrical or other machinery or equipment.

(3) The discharge pipe cannot be readily plugged or otherwise obstructed.

NOTE

Authority cited: Section 142.3, Labor Code . Reference: Section 142.3, Labor Code .

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

2. Amendment filed 6-16-79; effective thirtieth day thereafter (Register 79, No. 24).

3. Change without regulatory effect inserting “(a)” immediately preceding the first paragraph and “(b)” immediately preceding the fourth paragraph, filed 1-24-91 pursuant to section 100, Title 1, California Code of Regulations (Register 91, No. 7).

§762. Safety Valves and Pressure Relieving Devices, Fired Pressure Vessels.

History

(a) Boilers (or vaporizers) of the Dow-therm, mercury vapor or similar types shall be fitted with adequate safety relieving devices to assure their safe operation. Safety valves of Dow-therm vaporizers and similar equipment shall be removed at least once each year for inspection and cleaning of any deposits that might affect their operation. (To eliminate the necessity of shutting the unit down for this inspection, a three-way stop valve may be installed under 2 safety valves, each with the required relieving capacity, and so installed that both safety valves cannot be closed off from the vaporizer at the same time; or 2 or more separate safety valves may be installed with individual shutoff valves, in which case the shutoff valve stems shall be mechanically interconnected in a manner which will allow full required flow at all times.)

(b) Fired pressure vessels other than those mentioned in (a) above shall be fitted with safety relieving devices of sufficient capacity to relieve all vapor that can be generated in the vessel during normal operation and shall be fitted with proper controls to assure their safe operation.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§763. Low-Pressure Boilers.

Note • History

(a) All low-pressure boilers shall be installed and fitted with the fittings and appliances required by the Code, and any additional appurtenances required in the following subsections.

(b) When a hot water heating boiler is equipped with an electrically operated circulating pump and electrically operated burner controls, the control switches shall be labeled to show which is for the burner circuit and which is for the pump circuit, or the electrically operated burner controls shall be connected in the electric circuit ahead of the automatic pump switch or the burner control switch shall be mechanically interlocked to the disconnect switch for the circulating pumps.

(c) All low-pressure boilers shall be equipped with one or more pressure relieving device adjusted and sealed so as to discharge at a pressure not to exceed the maximum allowable working pressure of the boiler. The combined capacity of these devices shall be such that with the fuel burning equipment installed and operating at maximum capacity the pressure cannot rise more than 5 psi for steam boilers or 10% for water boilers above the maximum allowable working pressure of the boiler. All pressure relieving devices shall be installed as required by the Code and be ASME stamped and rated and shall be installed with the valve spindle vertical and shall have a manual lifting device to permit periodic testing.

The discharge from all drains and pressure relieving devices shall be piped to a safe place of discharge and shall have no shutoff valves in the pipe between the pressure relieving device and point of discharge.

A safe place of discharge as used in this section shall be a location where:

(1) The discharge of steam or hot water will not present a hazard to employees.

(2) The discharge of steam or water will not be detrimental to any electrical or other machinery or equipment.

(3) The discharge pipe cannot be readily plugged or otherwise obstructed.

(d) All automatically controlled low-pressure boilers shall be equipped with:

(1) A low-water control that will close the main burner fuel valve when the water in the boiler reaches the lowest operating level, or for boilers with no fixed steam or water line, when the highest permissible operating temperature is reached.

(2) A low-water safety cutout that will shut off the fuel to the burner when the water in the boiler reaches a predetermined level which shall not be below the lowest permissible level, and manual resetting of the low-water control or of the fuel valve or of the emergency control system shall be required to place the boiler back in operation after it has been shut down due to the operation of the low-water safety cutout.

(3) An adjustable operating control and fuel valve to regulate the flow of fuel to the burner to maintain the pressure or temperature below the following limits:

(A) 15 psi gage pressure for steam boilers.

(B) 250 F water temperature for water boilers.

(4) A high-limit safety control that will shut off fuel to the burner when the pressure in a steam boiler reaches a predetermined maximum not to exceed 15 psi gage or when the temperature in a water boiler reaches a predetermined maximum not to exceed 250 F. The high-limit safety control mechanism shall be in addition to the operating control required in (d)(3) above and manual resetting of the high-limit control or of the fuel valve or of the emergency control system shall be required to place the boiler back in operation after it has been shut down due to the operation of the high-limit safety control.

(5) (A) A full safety pilot control on boilers equipped with standing pilot burners, other than those included in subsection 763 (d)(5)(B), that will shut off the fuel to the main burner and any extinguished pilot burners if a pilot light is extinguished.

Such device shall actuate to close the safety fuel shutoff valve required in Subsection 763 (d)(6) within the time limits specified for flame failure shutoff in Table 1.

(B) A programmed flame safeguard system on burners equipped with spark ignition that will include a flame failure shutoff time not greater than specified in Table 1. Such system shall require the services of the attendant to place the boiler back into operation if a flame failure should occur while in operation or if the flame is not established within the time limit programmed into the system. Such time limits shall not exceed that specified for flame failure shutoff in Table 1.

Embedded Graphic 08.0144

Note 1. Flame failure shutoff as used in these Orders means the total elapsed time from the time of flame failure or other abnormal condition occurs until the fuel shutoff valve is closed.

Note 2. Where a burner is designed or equipped for a “starting firing rate” of less than the maximum firing rate of the burner, the flame failure shutoff time shown in Table 1 for the lesser firing rate may be used for establishing ignition, provided that firing rate cannot be increased until ignition is proven. The time limit for flame failure shutoff shall be determined by the maximum burner input.

Note 3. The 60-second time limit for flame failure shutoff may be used for burners having less than 20 gallons per hour input if equipped with a proved pilot.

Note 4. In case of pilot flame failure, the proved pilot shall de-energize the safety fuel shutoff valve electrical circuit and cause that valve to close within 10 seconds.

(6) In addition to the operating fuel shutoff valve(s) required in 763 (d) (1) and (3), an additional safety fuel shutoff valve that will be operated by the controls required by Section 763 (d) (2), (4), and (5). This valve shall be of a type that will close within 2 seconds after being de-energized if the burner input rating exceeds 400,000 BTU/hr.

(7) A means for obtaining adequate combustion chamber purging and for limiting the burner “trial for ignition” time during start up to 15 seconds or that permitted for flame failure shutoff in Table 1, whichever is greater.

(e) All low-pressure boilers shall be equipped with a pressure or altitude gage as required by the code. All water boilers shall be equipped with a thermometer to indicate temperature conditions at or near the hot water outlet. These devices shall be visible to the operator from the operating area.

(f) All low-pressure steam boilers shall be equipped with one or more water gage glass with shutoff valves and drain cocks. These devices shall be located on the boiler, or on a water column, within the permissible water level range for the boiler (unless specifically exempted by the Code).

(g) All hot water heating systems shall be equipped with a suitable expansion tank that will be consistent with the volume, temperature, pressure, and capacity of the system as required by the Code. All such expansion tanks shall have an allowable working pressure at least equal to the maximum allowable working pressure of the boiler with which they are used, and the maximum allowable working pressure shall be stamped on a nameplate visible after installation.

All expansion tanks connected into systems having boilers designed for more than 30 psi working pressure shall be constructed, inspected, and stamped according to the Code, Section VIII, unless it can be proven to the satisfaction of the Division that the design and construction will provide equivalent safety. Expansion tanks connected into systems having boilers designed for 30 psi or less shall be designed, constructed, and stamped according to the Code, Section VIII, or according to good engineering practices with a factor of safety of at least 4.

All expansion tanks shall be fitted with either: (1) a water gage glass or other means for indicating visually the water level in the tank, or (2) a bladder-type expansion tank provided the tank is fitted with an airtight bladder inside the tank and it is provided with a means of determining the presence of air cushion in the tank. The hot water heating system shall be installed, inspected, and equipped with the required safety relief and shut-off devices in accordance with the Uniform Mechanical Code, Chapter 10, February 1997 Edition.

(h) When low-pressure boilers are equipped with a float-type automatic water feeder, such water feeder shall be fitted with a valved drain on the float chamber. Float chambers of other control devices shall also be provided with valved drains on the float chambers.

(i) All valves, fittings, and controls shall be suitable for the pressures and temperatures expected in service and all such devices used in the fuel system shall be suitable for and compatible with the fuel and fuel pressures used. All electrically operated fuel valves shall be of the normally closed type to open only when energized. Fuel valves of a type that will fail to close due to abnormal fuel pressure shall not be permitted. Automatically operated fuel valves shall not be designed with integral manually operated by-passes unless such by-pass is of the constant pressure type.

(j) The electrical circuit for boiler controls shall not exceed 120 volts and shall be 2-wire with 1-conductor grounded and have the controls in the ungrounded conductor.

(k) After installation and before being placed in operation, the employer shall require all controls and burners to be checked for proper operation by a responsible person familiar with burner controls.

Instruction for the proper method of lighting, relighting, and shutting down the burner, type of fuel or fuels to be used, and the maximum fuel pressure shall be shown on a permanent and legible plate attached to the boiler or boiler casing and an operating manual giving complete boiler operating instructions, shall be furnished by the installer for each installation. The employer shall require operating personnel to become thoroughly familiar with these operating instructions before they are permitted to operate the boiler. These instructions shall include an instruction to the operator that the boiler shall not be placed back in service after having been shut down by the operation of the safety fuel shutoff valve required in 763 (d) (6) until the cause of such shutdown has been determined and corrected and the combustion chamber is properly purged.

NOTE

Authority cited: Section 142.3, Labor Code . Reference: Section 142.3, Labor Code .

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

2. Amendment of subsection (c) filed 5-31-74; effective thirtieth day thereafter (Register 74, No. 22).

3. Amendment filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33).

4. Amendment of subsection (g) and new Note filed 12-2-97; operative 1-1-98 (Register 97, No. 49).

§764. Blowoff Valves and Tanks.

History

(a) All boilers subject to these orders shall have blowoff valves and piping installed in accordance with the Code.

(b) All blowoff pipes shall terminate at a safe place of discharge and shall be adequately supported to prevent undue stresses on the valves or lines, and shall not be reduced in size between the blowoff valve and point of discharge.

Blowoff valves constructed with integrally threaded bonnets shall not be permitted.

No blowoff pipe shall discharge directly into a sewer. When the blowoff discharge is to be ultimately led to a sewer, local plumbing codes shall be consulted concerning requirements for discharging products into sewers.

When a blowoff tank is used, it shall be designed and constructed in accordance with good engineering practice for the maximum pressure and temperature expected during the blowdown period with a factor of safety of at least 4. All blowoff tanks shall be provided with means for cleaning and inspection.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§765. Means of Feeding Water to Boilers.

History

All power boilers subject to these Orders shall be equipped with at least one means for feeding water to the boiler at the maximum allowable pressure. Boilers having more than 500 square feet of water heating surface shall have at least 2 means of feeding when required by paragraph PG-59(d)(2)(g) of the Code. A water supply system may be considered as a means of feeding water to the boiler where the water pressure in the system is not less than 6 percent above the pressure at which the safety valve is set to open. Feed piping, valves, and appurtenances shall be installed as required by the Code.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§766. Water and Pressure Gages.

History

All power boilers and high-temperature water boilers subject to these Orders shall be equipped with water gages and pressure gages as required by the Code.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§767. Reinstallation of Secondhand Power Boilers.

When a power boiler changes both ownership and location, the purchaser shall report the state serial number and the new proposed location to the division.

§768. Access for Inspection and Cleaning.

History

(a) Where it is impracticable to remove the hood of any vertical fire-tube boiler for inspection purposes, an access opening of the following dimensions shall be provided in the hood:

(1) For boilers not exceeding thirty-six inches (36") diameter, not less than six inches by eight inches (6" x 8") or equivalent area with a minimum dimension of six inches (6") in any direction.

(2) For boilers over thirty-six inches (36") diameter, not less than twelve inches by sixteen inches (12" x 16") or equivalent area with a minimum dimension of eleven inches (11") in any direction and a minimum diameter of fifteen inches (15") for circular openings.

(b) Access for inspection and cleaning shall be provided in all boiler settings. The minimum dimension of access openings shall be 12 inches by 16 inches, unless the size and/or design of the boiler setting is such that inspection and cleaning can be adequately accomplished through smaller openings.

(c) When 2 or more steam, high-temperature water, or hot water heating boilers having manhole openings are installed in battery or connected to a common main or header, each boiler having a manhole opening shall be fitted with 2 stop valves between the boiler and the common main or header. An ample free blow drain shall be provided between the stop valves and the discharge from the drain shall be visible to the operator while manipulating the drain valve.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§769. Boiler Installation.

Note • History

(a) Effective for boiler installation and/or relocation building permits issued on or after November 1, 2002, all boiler supporting structures shall be designed for the following loads:

(1) The live and dead load of the boiler as prescribed in the 2001 California Building Code.

(2) Other imposed loads including those resulting from wind, and seismic forces, as prescribed in the 2001 California Building Code.

(b) Each member of a structural support shall be so located or insulated that the heat from the boiler cannot warp or impair its strength.

(c) The installation of water-tube boilers in battery settings shall be prohibited unless provisions are made at the time of installation to make possible the periodic inspection of the exterior surfaces of all heads installed in the common wall.

(d) The installation of horizontal tubular boilers in battery settings shall be prohibited, unless the boilers are suspended by independent outside suspension structures with top crossbeams sufficiently strong to safely carry all the boilers without intermediate supports.

(e) Each boiler shall be installed in such a manner that all external surfaces and all appurtenances can be made accessible for inspection, cleaning, maintenance, and operation.

(f) Adequate passageways or work areas at least 24 inches wide shall be provided for safe access to and operation of controls.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

2. Amendment filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14).

3. Amendment of subsection (a)(3) filed 7-27-77; effective thirtieth day thereafter (Register 77, No. 31).

4. Amendment of section heading and section and new Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

Article 5. Inspection

§770. Boilers Subject to Annual Inspection.

Note • History

(a) All boilers subject to these Orders are subject to annual internal and external inspection, except as provided in subsection (b), and except those boilers exempted from annual inspection in Section 771.

(b) Boilers installed in turboelectric plants in such a manner that each boiler furnishes steam to a single turbine only shall be inspected internally at least once each eighteen (18) months. The permit to operate issued following internal inspection shall expire not more than twelve (12) months after the date of inspection. The boiler shall be externally inspected prior to or on the expiration date of the permit by a qualified inspector who may, if conditions warrant, issue a temporary permit which shall expire not more than six (6) months after the date of external inspection. A copy of the external inspection report shall be forwarded to the Division by the qualified inspector. Such report shall show the expiration date of the temporary permit to operate.

The Division, upon individual application from petroleum companies, chemical plants, public utilities or other industries considered by the Division as having superior preventive maintenance and examination programs, may grant a maximum interval of thirty-six (36) months between internal inspection of fired boilers. A fired boiler is defined for this section as one whose temperature input can cause metallurgical damage to the boiler, or whose combustion of fuel can cause a furnace explosion. For boilers other than fired boilers, the Division may grant a maximum interval of seventy-two (72) months between internal inspections, provided the temperature input cannot cause metallurgical damage. Boilers of the latter type are typically called process steam generators. Such applications, to be reviewed by the Division, shall contain as a minimum the following information and proposals:

(1) The history of the unit (or of a similar installation) that shows that there is no significant deterioration from scaling, corrosion, erosion or overheating.

(2) Wall thickness reference points shall be established. Following internal inspection of each boiler, a complete record showing the total corrosion and any other conditions found which need correction at the time of inspection shall be forwarded to the Division as part of the inspection report required by 774(a)(1). This record shall show the location and extent of any corrosion, erosion or other defects noted and shall be verified and signed by the certified inspector making the inspection required by Section 770(a).

(3) The “Permit to Operate” shall expire one (1) year from the date of the internal inspection, or the date of startup if so noted on the inspection report and the “Permit to Operate.” Prior to or on the expiration date of this “Permit,” a certified inspector, who will review the operating logs and water treatment records, shall inspect the boiler externally. If conditions warrant, the certified inspector may issue a temporary permit not to exceed six (6) months. Prior to or on the expiration date of the second permit, the boiler shall again be inspected externally by a certified inspector; if conditions warrant, a “Permit” may be issued for an additional six (6) months.

Boilers operating longer than twenty-four (24) months between internal inspections shall have a program of on-stream examination of corrosion points, and inspection of operations and safety controls that is acceptable to the Division, and the certified inspection agency. The maximum interval of each temporary permit shall be six (6) months.

If the boiler is located within a local jurisdiction that has regulations concerning boiler inspections, the jurisdiction must also be consulted concerning the acceptability of the inspection program.

The certified inspector shall submit reports to the Division of each external inspection, noting the expiration date of the permit issued, and recording any unusual condition found. The inspection report shall include a statement that water treatment records have been reviewed. Reports of on-stream wall thickness readings must also be submitted to the Division via the certified inspector.

(4) For boilers and process steam generators where metallurgical damage may occur, the Division may categorize the boiler or process steam generator as unfired upon acceptance of a risk engineering analysis submitted by the owner of the boiler to the Division. The risk engineering analysis shall include the design basis for categorizing the boiler as unfired, the potential consequences to the boiler and to the safety of the person(s) responsible for attending the boiler, and a discussion of protective devices and specific procedures to prevent the consequences.

(5) The boiler water treatment and specific chemical limits shall be prescribed by a competent water treatment specialist, such as a chemical engineer. The boiler water chemistry shall be maintained within desirable limits and documentary records shall be kept of the tests and methods used to maintain the water chemistry within the prescribed limits. A summary of weekly test results shall be kept, and the records shall be available to the certified inspector.

(6) A copy of the Division letter granting the longer interval between internal inspections shall be posted near the boiler, the boiler control center, or the process unit control room.

NOTE

Authority cited: Sections 142.3 and 7682, Labor Code. Reference: Sections 142.3 and 7682, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of section and new Note filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).

§771. Boilers Not Subject to Annual Inspection.

History

(a) The following boilers are not subject to annual inspection and do not require a permit to operate providing they comply with all of the provisions of subsection (b):

(1) Low-pressure boilers.

(2) Miniature boilers.

(3) High-temperature water boilers.

(4) Boilers, including forced circulation boilers, in which none of the following are exceeded:

(A) One hundred square feet (100 sq. ft.) of heating surface.

(B) Steam drum does not exceed 16 inches inside diameter.

(D) Water capacity does not exceed 35 gallons when filled to normal operating level.

(E) The BTU input to the burners does not exceed 400,000 BTU/hr.

(b) Boilers exempt from annual inspection in subsection (a) shall comply with all of the following:

(1) All other provisions of these Orders including construction and installation.

(2) Automatically controlled fired boilers shall be fitted with all the applicable controls required for low-pressure boilers in 763(d).

(3) All automatic controls shall be maintained in operating condition.

(c) Nothing in sections (a) and (b) above shall prohibit any qualified safety engineer employed by the Division from requiring any boiler to be prepared for inspection when in his opinion such inspection is necessary to determine the safety of the boiler.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§772. Preparation of Boilers for Inspection.

History

(a) The owner or user of a boiler or boilers herein required to be inspected shall, after 14 days' notice from the division, prepare the boiler for internal inspection.

If the owner or user finds the date set for inspection not to his convenience, he shall immediately advise the division, or qualified inspector, and ask for a postponement and state the reasons therefor, in which case the inspection date may be postponed for a period not to exceed thirty (30) days from the date first set for inspection.

(b) To prepare a boiler for internal inspection the water shall be drawn off and the boiler thoroughly washed. Manhole and handhold covers and washout plugs in the boiler feed lines and water column connections necessary for adequate inspection shall be removed and the furnace and combustion chamber thoroughly cooled and cleaned. Enough of the brickwork, refractory, or insulating material shall be removed to permit the qualified inspector to determine the condition of the boiler, furnace, or other parts and to enable the qualified inspector to obtain such data as is required at each annual inspection. The steam gage shall be removed for testing. At the discretion of the Division, data obtained by nondestructive examination may be used in lieu of visual inspection.

(c) The owner or user shall prepare the boiler for hydrostatic test when required by the qualified inspector. If the boiler to be hydrostatically tested is connected with other boilers that are under steam pressure, such connections shall be blanked off unless provided with double stop valves with a free blow drain between the valves.

(d) Before a resale inspection or other inspection of a secondhand boiler is made, the interior of the shell or drum may be required to be descaled and cleaned, such tubes shall be removed as the qualified inspector deems necessary to enable him to ascertain their condition, the lagging and brickwork shall be removed, and the exterior of the shell or drum shall be cleaned. No paint shall be applied before the inspection is made.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§773. Identification of Boilers.

History

(a) Qualified inspectors making the first field inspection of boilers required by these Orders to have a permit to operate, shall stamp on the boiler a state serial number (unless a state serial number has previously been stamped thereon) which shall become a permanent means of identification. This assigned number shall be made either by steel die figures not less than 5/16-inch in height, or outlined by means of center punch dots, with figures not less than 3/4-inch in height, and shall be stamped adjacent to the manufacturer's code stamping.

(b) No state serial number or code stamping shall be permanently covered by insulating material, unless such number and stamping is transferred to a fixed plate where readily visible outside of all insulating material.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§774. Boilers Exempt from Inspection by Qualified Safety Engineers Employed by the Division.

History

(a) Boilers annually inspected internally and externally by qualified inspectors employed by a company, city or county, may be exempt from annual inspections by qualified safety engineers employed by the division providing:

(1) Reports of inspection are submitted on prescribed forms to the Division within 21 days after the date of inspection.

(2) The boiler and all of its appurtenances complies with these orders as a minimum standard of safety.

(3) The report of inspection lists all repairs or changes ordered and the qualified inspector notifies the division when such repairs or changes have been satisfactorily completed.

(4) The permit to operate is posted on or near the boiler to which it applies.

(b) Nothing in this order shall prevent a qualified safety engineer employed by the division from inspecting any boiler. However, no fee shall be charged by the division where the annual inspection has been made and the report of inspection submitted to the division by a qualified inspector within the 21 days specified above and the permit to operate is posted on or near the boiler.

(c) Qualified inspectors employed by insurance companies shall notify the Division within 21 days of the name of the owner or user, as shown on the permit to operate, and the location and state serial number of every boiler requiring a permit to operate on which insurance has been refused, canceled, or discontinued, and shall give the reasons why.

(d) Qualified inspectors employed by other than insurance companies shall notify the Division within 21 days of the name of the owner or user and the location and state serial number of every boiler requiring a permit to operate and inspected by them which is removed from service or which is considered unsafe for further service as a boiler and shall give the reasons why.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§775. Operation of Unsafe Boilers.

(a) If the operation of any boiler, including those exempt from annual inspection, constitutes a serious menace to the life or safety of any person employed about it, the division or any of its safety engineers, or any person affected thereby, may apply to the superior court of the county in which the boiler is situated for an injunction restraining its operation until the condition has been corrected.

(b) Whenever the condition of a boiler is such as to make it unfit for any pressure, a qualified safety engineer, employed by the division, may affix a rejection mark

Embedded Graphic 08.0145

consisting of an “X” at least one inch (1”) high with a circle at least one-half inch (1/2”) diameter located between the upper arms of the “X.” The rejection mark shall be outlined in center punch marks and located immediately above the state serial number.

§776. Special Inspection of Lap Seam Boilers.

(a) Horizontal return tubular boilers over thirty-six-inch (36”) diameter with longitudinal lap-riveted seams shall not be operated at a pressure in excess of fifty pounds (50 lbs.) per square inch unless all of the following are done every five (5) years of operation:

(1) Sufficient tubes are removed to permit the internal surfaces of the shell to be completely cleaned of scale.

(2) Sufficient brickwork is removed to permit the external surfaces of the longitudinal seam to be cleaned.

(3) Before the tubes and brickwork are replaced the boiler shall be thoroughly inspected internally and externally by a qualified inspector. The tubes shall then be replaced and the boiler shall be subject to a hydrostatic test of one and one-half (1 1/2) times the working pressure. This pressure shall be maintained for at least thirty (30) minutes after which a qualified inspector shall examine all riveted joints for leakage and/or cracks.

The term five (5) years used in this section shall mean five (5) years under steam, but in no case shall the time of service be taken as less than six (6) months per calendar year; a hydrostatic test of one and one-half (1 1/2) times the allowed pressure on the boiler shall be made in the presence of a qualified inspector at least every five (5) calendar years. Each boiler shall be subject to any additional requirements found necessary by the qualified inspector.

(b) Secondhand lap seam horizontal return tubular boilers exceeding thirty-six inches (36”) diameter shall not be permitted a maximum allowable working pressure in excess of fifty (50) psi.

(c) The shell or drum of a boiler in which a typical lap seam crack is discovered along a longitudinal riveted seam for either butt-strap or lap-riveted construction shall be permanently discontinued for use under pressure. By lap seam crack is meant the typical crack frequently found in lap seams extending parallel to the longitudinal joint and located either between or adjacent to rivet holes.

§777. Boiler and Fired Pressure Vessel Inspection Fees.

Note • History

See the Division of Industrial Safety's regulations contained in Chapter 3.2, Group 2, Title 8, California Administrative Code. The shop inspection fees, permit fees, and inspection fees for boilers and fired pressure vessels are reprinted in Appendix 2 of these orders.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13). For history of former section, see Register 77, No. 49.

§778. Field Inspection Fees.

History

HISTORY

1. Repealer filed 12-1-77; effective thirtieth day thereafter (Register 77, No. 49). For prior history, see Register 76, No. 33.

§779. Certification of Inspectors.

Note • History

(a) Upon the written request of his employer, a certificate of competency may be issued to a person who is employed as provided in subsection (c) following and who obtains a passing grade in the examination prescribed by the division. The prescribed examination may be that of the National Board and shall determine the fitness and competency of any candidate for this certificate. An average of at least seventy percent (70%) shall be required for a passing grade.

(b) An applicant for a certificate of competency shall be at least three (3) years experience in boiler or unfired pressure vessel construction or repair or as an operating engineer in charge of high-pressure boilers or as inspector of steam boilers or unfired pressure vessels.

(1) bachelor of science degree in engineering from an accredited school plus one year experience in design, construction, operation or inspection of high pressure boilers and pressure vessels.

(2) An associate degree in mechanical technology plus two years experience in design, construction, operation or inspection of high pressure boiler and pressure vessels.

(3) A high school education or the equivalent plus three years experience:

(A) in high pressure boiler and high pressure vessel construction or repair, or

(B) in charge of high pressure boiler and pressure vessel operations, or

(c) A certificate of competency may be issued only to a person employed as an inspector of steam boilers or pressure vessels by any county, city, insurance company, or by the division, or to an inspector continuously employed by a corporation or company to inspect only boilers and pressure vessels to be used by such company and not for resale. The certificate of competency shall be automatically revoked after a period of eighteen (18) months if the inspector does not make any boiler or pressure vessel inspections as evidenced by reports submitted to the division; provided, however, that this provision does not apply to supervising engineers whose regular duties include the supervision and review of the work of qualified inspectors. A written examination is required to revalidate such certificate. The employer shall notify the division when the employment of a certified inspector is terminated.

(d) Any applicant, who has previously obtained and continues to hold a commission as a boiler inspector issued by the National Board of Boiler and Pressure Vessel Inspectors, may be exempted from the written portion of the prescribed examination provided such applicant appears for an interview to determine his physical fitness and to prove his knowledge of the applicable Safety Orders of the Division. He shall have been actively engaged as a boiler inspector within eighteen (18) months prior to his application for the California certificate of competency.

(e) As near as practicable, the examination for certificate of competency shall be conducted on the first Wednesday in March, June, September, and December of each year.

(f) The Division reserves the right to decline to examine any candidate who has not had at least ninety (90) days' practical field boiler inspection experience under the supervision of a qualified inspector.

(g) Upon good cause being shown therefor, and after notice and an opportunity to be heard, the Division may revoke any certificate of competency.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

2. Amendment of subsection (b) filed 6-15-79; effective thirtieth day thereafter (Register 79, No. 24).

3. Amendment of subsections (a) and (b) filed 5--12--89; operative 6--11--89 (Register 89 No. 29).

Article 6. Operation

§780. Permit to Operate.

History

(a) Except during the time that a request for a permit remains unacted upon, no boiler subject to annual inspection by these orders shall be placed in operation until a permit to operate has been issued and posted on or near the boiler.

(b) Upon the form supplied by the division, a permit to operate shall be issued by the qualified inspector making the inspection. The permit to operate shall indicate the date of inspection, state serial number of the boiler, the pressure allowed at the time of the internal inspection, the name of the inspector, and the name of the inspection agency. No permit shall be issued until the boiler is in compliance with these Safety Orders and satisfactory notice of compliance has been transmitted to the division.

Exception: The division may issue and renew temporary permits not to exceed thirty (30) days each, to permit replacements or repairs to be made.

(c) Each permit shall be posted under glass in a conspicuous place on or near the boiler. The permit shall be available to any safety engineer employed by the division. The permit to operate shall expire when a boiler changes both ownership and location.

HISTORY

1. Editorial correction restoring inadvertently omitted article heading (Register 97, No. 25).

§781. Attendance on Boilers.

Note • History

(a) All boilers subject to these orders shall be under the direct supervision of a responsible person. Such person shall be responsible for:

(1) Safe operation of the boiler by a competent attendant.

(2) Proper maintenance of the boiler and its appurtenances.

(b) While in operation, no fired boiler subject to these orders [except those boilers exempted from annual inspection by Order 771 that are automatically controlled and oil field recovery heaters complying with subsection (d)] shall be left unattended for a period of time longer than it will take the water level to drop from the normal operating level to the lowest permissible water level in the water gage glass--or indicated by indicating devices or recorders--when the feedwater is shut off and the boilers are forced to their maximum capacity unless all of the following are complied with:

(1) The boiler is equipped with an audible alarm that will operate when the water reaches the highest and lowest permissible operating level, or, for boilers having no fixed steam or water line, when the highest permissible operating temperature is reached.

(2) The audible alarm shall be sufficiently loud that it can be plainly heard by the attendant, without the use of an auxiliary paging system, at any point in any area that the attendant is required to work. He must be close enough to the boiler room so that he can safely respond to the alarm. The response time is that period of time that it takes the water level to go from the level at which the low level alarm sounds down to the lowest permissible water level of the boiler. The high water level alarm must be set so that the attendant will have time to respond before there will be carryover from the boiler.

(3) The boiler is equipped with a low water safety device that will shut off the fuel to the burner or burners when the water reaches the lowest permissible operating level, or, for boilers having no fixed steam or water line, when the highest permissible operating temperature is reached. This device shall require manual resetting unless the pilot is equipped with a full safety pilot control.

(4) The attendant shall personally check the operation of the boiler, the necessary auxiliaries and the water level in the boiler at such intervals as are necessary to insure the safe operation of the boiler; provided, however, that the maximum interval the boiler and its auxiliaries can be left without checking shall not exceed 60 minutes. The operation of the automatic controls shall be checked at the beginning of each shift. It is the intent of this Section to prohibit the use of time clocks to control the operation of fired boilers covered under this subsection 781(b).

(5) All float chambers of automatic controls shall be dismantled for inspection at the annual boiler inspection.

(c) The competent attendant shall be a person who is familiar with the boiler and who has been properly instructed in its safe operation.

The recommended minimum standards to be used by the employer to determine the competency of an attendant are:

(1) He shall be able to explain the function and operation of all controls on the boiler or boilers.

(2) He shall be able to light off the boiler or boilers in a safe manner.

(3) He shall know all possible methods of feeding water to the boiler or boilers.

(4) He shall know how to blow down the boiler or boilers in a safe manner.

(5) He shall know what would happen if the water was permitted to drop below the lowest permissible operating level.

(6) He shall know what would happen if the water in the boiler was carried too high.

(7) He shall know how to shut down the boiler or boilers.

(d) An oil field recovery heater designed for automatic operation shall be checked by a competent attendant at least once every 24 hours while in operation to determine that the heater is operating safely within the set operating conditions and provided that each of the following are complied with:

(1) The heater is equipped with automatic safety shutdown devices for each of the following conditions:

(A) Excessive tube skin or steam temperature

(B) Excessive steam pressure

(D) Inadequate combustion air

(2) Within intervals not to exceed every 60 days of operation of the heater, the following inspection checks shall be performed by a person familiar with the equipment and who has been properly instructed in making such checks:

(A) Each safety shutdown device shall be tested for proper operation.

(B) All external piping and wiring shall be visually checked for obvious defects.

Equipment defects found in (A), (B), or (C) above shall be corrected before continuing the boiler in service.

(3) At the time of the annual inspection of the heater and its accessory equipment, all automatic operating controls and automatic safety shutdown devices which are not failsafe shall be serviced as necessary to assure their continued reliability to include:

(A) Replace vacuum tubes and check sensing devices in the flame-failure system and replace if not operating properly.

(B) Test all coils, diaphragms, and other operating parts of all safety shutdown and operating control valves. Such servicing shall be done by a person familiar with such controls and devices and who has been properly instructed in their servicing.

(4) A record shall be kept of the inspection and maintenance operations required by (2) and (3) above and this record shall be available to the certified inspector at the time of the annual inspection.

NOTE

Authority cited: Sections 6312, 6500 and 6502, Labor Code.

HISTORY

1. Amendment filed 12-17-65; effective thirtieth day thereafter (Register 65, No. 24).

2. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

3. Amendment of subsection (b)(2) filed 12-31-74; effective thirtieth day thereafter (Register 75, No. 1).

§782. Safe Practices.

History

(a) The following Safety Orders from Title 8, California Administrative Code are hereby made a part of these orders:

(1) General Industry Safety Order 3228(i): Number of Exits, Boilers Furnace and Incinerator Rooms. See Appendix 1.

(2) General Industry Safety Order 3274: Valves and Controls. See Appendix 1.

(3) General Industry Safety Order 3311: Flarebacks. See Appendix 1.

(4) General Industry Safety Order 3312: Entering Combustion Chambers, Flues, Boilers or Unfired Steam Pressure Vessels. See Appendix 1.

(5) General Industry Safety Order 3310: discharge Location. See Appendix 1.

(6) General Industry Safety Order 3514: Tubular Gage Guard. See Appendix 1.

(7) General Industry Safety order 3515: Try Cock Discharge Resceptable. See Appendix 1.

(8) General Industry Safety Order 3516: Steam Gage and Water Gage Glass Location. See Appendix 1.

(b) All fired boilers, not included in Sections 763 and 771, equipped with controls to permit the burners to be ignited automatically shall be equipped with a full safety pilot or other device that will provide equivalent safety. Such safety pilot or other device shall be of a type that will de--energize the electrical circuit and/or cause the main burner fuel valve to close within the following burner input and time limits.

400,000 BTU/HR and under 90 seconds

400,001 to 2,500,000 BTU/HR 9 seconds

Over 2,500,000 BTU/HR 5 seconds

(d) When portable electric lights are used inside any boiler or pressure vessel they shall be equipped with a vaportight globe, substantial guard, rugged nonconducting lamp holder and handle, and shall have type S cord or equivalent sufficiently long to reach to a plug-in or junction box outside the vessel.

HISTORY

1. Repealer and new subsection (b) filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33). For prior history, see Register 74, No. 42.

2. Amendment of subsection (a) filed 12-14-76; effective thirtieth day thereafter (Register 76, No. 51).

Article 7. Repairs

§783. Renewals and Replacements.

All renewals or replacement boiler drums, shells, headers, tubes or appurtenances shall comply with the requirements of the code for new construction.

§784. Approval and Reporting of Repair.

(a) No repairs to drums, shells, stayed or unstayed surface of a boiler shall be made until the contemplated repairs have been approved by a qualified inspector. (This order shall not prohibit the replacement of tubes, staybolts and/or appurtenances without inspection where replacement is necessitated by normal usage and wear.)

(b) No repairs shall be made to any boiler which has moved from its setting or foundation due to the failure of the boiler or any part thereof until approved by the division.

(c) All repairs by fusion welding or riveting to a damaged boiler or boiler support, where the safety of the boiler is concerned, shall immediately be reported to the division by the qualified inspector who authorized the repair. Complete details with sketches of all repairs, including the identification number of the welder, if welding is used, shall be submitted to the division by the qualified inspector.

§785. Permissible Welded Patches and Welded Repair of Cracked Plates in Material of Known Weldable Quality.

History

The following welded repairs are permissible:

(a) Cracks in unstayed shells, drums, or headers of boilers or fired pressure vessels may be repaired by welding provided:

(1) The cracks do not extend between rivet holes in a riveted longitudinal seam.

(2) The crack is not located within six inches (6”) of the calking edge of any longitudinal riveted seam.

(3) The total length of any one crack shall not exceed sixteen (16) times the plate thickness or eight inches (8”) unless the completed repair is radiographed and stress-relieved.

(b) Cracks or patches in stayed surfaces may be welded provided:

(1) The crack or patch seam is located between two (2) rows of staybolts.

(2) The crack or patch seam if located in a flange or knuckle runs in a direction transverse to the flange or knuckle.

(3) The patch is set flush with adjacent plate and the welds are located between two (2) rows of staybolts.

(c) Cracks between tube holes in water-tube boiler drums or heads may be welded, provided there are not more than two (2) such cracks in any one row in any direction, nor more than a total of four (4) such cracks in any one drum or header and providing the diameter of the drum is not more than one percent (1%) out of round.

(d) Fire cracks extending from rivet hole to rivet hole in girth seams may be welded, provided there are not more than three (3) consecutive cracked ligaments nor more than a total of six (6) cracked ligaments in any one girth seam.

(e) Cracks between tube holes in fire-tube boilers not exceeding three (3) consecutive cracked ligaments may be welded.

(f) Cracks not to exceed two inches (2”) in length in wrought or cast steel (not cast iron) sectional headers of water-tube boilers may be welded except that not more than four (4) such cracks in any one header may be welded.

(g) Circumferential cracks in the knuckle or turn of a flange of a furnace or flue opening or adjacent to manhole opening of unstayed heads shall not be repaired by welding. When such cracks occur in an ogee flange, the affected material including the flange shall be removed and replaced by a flush patch of similar shape. The abutting edges shall be welded and the flange shall be riveted to the shell. Scotch marine and similar boilers shall have one (1) flange riveted to the shell or furnace and the other flange shall be attached by rivets or patch bolts.

(h) All welded patches installed in unstayed drums, shells or heads and exceeding the size of an unreinforced opening in paragraph PG-32 of the Code shall be flush-welded patches and shall be radiographed and post weld heat treated. The corner radius of such patches shall be rounded to a radius of at least twice the plate thickness. A joint efficiency of 90 percent (or more if allowed by the Code to which the boiler was built) shall be used in calculating the maximum allowable working pressure of such patches.

(i) Lap welded patches may be used to close openings in unstayed shells, drums, or heads providing:

(1) The maximum dimension of the opening does not exceed the size of an unreinforced opening in paragraph PG-32 of the Code.

(2) Two or more of such openings are not so located that they form a ligament in the longitudinal direction of the shell or drum.

(3) The patch plate is installed on the pressure side of the plate and has a lap of at least one inch (1”).

(4) The patch plate is not exposed to the products of combustion.

(j) Any portion of the tube sheet of a horizontal tubular boiler may be repaired by a flush welded patch providing:

(1) No welded repair shall be permitted in the knuckle in a circumferential direction.

(2) The patch shall be held in place by stays, tubes, or both.

(3) Where the patch extends to the outer row of tubes, it shall include the flanged portion of the head and be secured to the shell in the same manner as the original construction.

(k) The top tube sheet of a vertical tubular boiler may be replaced by a flush welded patch, provided the welded seam is not located nearer than one inch (1”) to the knuckle or curved part of the original head. The bottom tube sheet of a vertical tubular boiler shall not be so repaired.

(l) Pipe connections up to three-inch (3”) pipe size may be installed by welding without stress-relieving, provided the coupling used has a flange on the pressure side of the sheet and the welding is for tightness only. This type of repair shall not be used for blowoff connections or openings exposed to the products of combustion.

(m) Post weld heat treatment of a repaired part by heating, when necessary, shall be done in accordance with paragraph PW-39 of the Code. Care should be exercised in applying heat in the vicinity of riveted joints to avoid loosening of rivets. Peening may be used in lieu of post weld heat treatment at the discretion of the Division.

(n) Radiography of welded repairs, when required, shall be done in accordance with paragraph PW-51 of the Code.

(o) The thickness of any patch shall be equal to but not more than one-eighth inch (1/8") thicker than the plate being patched.

(p) All flush welded patches in unstayed surfaces shall be butt-doubled-welded or equivalent. Patch material shall conform to the requirements of Order 794(g) and (h).

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§786. Preparation for Welding.

History

(a) All cracks permitted to be repaired by welding shall be chipped or ground to form a clean welding groove with an included angle of not less than sixty degrees (60) and extending to a depth equal to at least the plate thickness less one-sixteenth inch (1/16”). The welding groove shall be extended until the crack has been removed for its entire length. Whenever possible the root of the weld shall be chipped out to clean metal and welded.

(b) Prior to repairing cracks by welding, all tubes, rivets, and threaded staybolts within 6 inches of the crack shall be removed. After welding is completed, such tube, rivet and/or staybolt holes shall be reamed before installing new tubes, rivets, or staybolts. For threaded staybolts the holes shall be tapped and new threaded staybolts installed. If a crack originates or terminates at a welded staybolt, the staybolt shall be removed prior to repairing the crack. After welding is completed, the hole shall be properly prepared for installation of the new staybolt in accordance with paragraph PW-19 of the Code.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§788. Repair of Corroded Surfaces.

History

The following corroded surfaces may be built up by fusion welding:

(a) Corroded surfaces in stayed sheets including tube sheets of fire-tube boilers, provided the remaining thickness is at least fifty percent (50%) of the original thickness and further provided the affected areas are not sufficiently extensive to seriously impair the safety of the object; the qualified inspector shall decide when such areas shall be repaired by other means.

(b) Corroded surfaces in plate around handholes or manholes in unstayed sheets within three inches (6”) of the opening, provided the remaining thickness is not less than fifty percent (50%) of the original thickness.

(c) Calking edges of girth seams, provided the metal remaining between the rivet and calking edge to be built up is at least fifty percent (50%) of the original thickness and also provided the length of calking edge to be built up does not exceed a length equal to the diameter of the boiler. Before any welding is done, all rivets in the affected area and six inches (6”) beyond each portion to be built up shall be removed. After the welded repair has been completed the rivet holes shall be reamed and new rivets driven.

(d) The building up or repair by welding of rivet heads, staybolts, braces, or attachments to braces, or grooved areas is not permitted.

(e) Scattered pits and corrosion in unstayed shells may be built up by welding, provided the largest dimension of such corroded area does not exceed the diameter of an unreinforced opening in paragraph PG-32 of the Code and providing such areas are not so located that they form a ligament in the longitudinal direction.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§789. Permissible Repair by Seal Welding.

History

(a) The ends of all tubes, suspension tubes, and nipples of water-tube boilers and superheaters may be seal-welded in accordance with the provisions of paragraph PWT-11 of the Code.

(b) Seal-welding of circumferential joints is permissible, provided the seam is calked first and made tight under hydrostatic pressure equal to the working pressure.

(c) The ends of fire tubes may be seal-welded provided the thickness of the tube is at least seventy-five percent (75%) of its original thickness, and the tubes are first rolled and beaded and found tight under hydrostatic pressure at least equal to the working pressure. The throat of the weld shall not exceed three-sixteenths inch (3/16”).

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§790. Permissible Tube Repair.

History

(a) All the tubes in a firetube boiler may be retipped, provided the tube wall thickness of the original tube is not less than ninety percent (90%) of the original thickness and the retipped ends are from new material. The new end shall be located in the tube sheet subject to the greatest heat. The circumferential welds in such tubes shall not exceed four (4) in number.

(b) Complete replacement of sections of tubes or pipe in water-tube boilers is permitted, providing the remaining tube is not less than the thickness required for the designed working pressure and the requirements of paragraph PW-41 of the Code are complied with.

(1) The maximum dimension of the repaired area does not exceed the diameter of the tube or two inches (2”) whichever is the least.

(2) There are not more than three (3) such repairs in any one (1) tube.

(3) The tube wall adjacent to the bulge is not less than the thickness required for the designed working pressure.

(4) The requirements of paragraph PW-41 of the Code are complied with.

HISTORY

1. Amendment filed 11-2-66; effective thirtieth day thereafter (Register 66, No. 38). Approved by State Building Standards Commission.

§793. Qualification of Welding Procedures and Operators.

No welded repair shall be made to any boiler or boiler appurtenance until the welding procedure and operator have been qualified in accordance with Section IX of the code in the overhead and horizontal positions. The certificate of competency number of the qualified inspector authorizing the repair shall be stamped adjacent to all welded repairs made to power boilers.

On welded repairs that are completely radiographed the operator qualification may be eliminated at the discretion of the division provided the welding procedure is properly qualified inspector indicates on his report the welding procedure used and the operator employed in making the repair.

§794. Riveted Patches.

(a) Riveted patch seams exposed to the products of combustion may be double-riveted or constructed similar to the original seams of the boiler.

(b) Patches exceeding twenty-four inches (24") in length shall have the proper width as determined by these orders. Patches exceeding fifteen inches (15") to and including twenty-four inches (24") in length shall be triangular, crescent, diamond, or oval in shape and width, W, in the circumferential direction, shall be at least twice the length, L, in the longitudinal direction. Patches fifteen inches (15") or less in longitudinal direction may be circular in shape.

(c) If it is found that a patch will extend extremely high, and also to avoid calking in sharp corners, it may be shortened in width to the extent that not more than four (4) rivets will be in a longitudinal line, as shown in Figure 2.

(d) If it is found that a patch will have to be sixty inches (60") or more in length, consideration should be given to the use of a sheet having a width equivalent to five-eighths (5/8) of the circumference of the boiler, and the longitudinal seam shall be of a design similar to the design of the original seam of the boiler.

(e) In laying out new patches over twenty-four inches (24") long, it is recommended that they be triangular or diamond in shape as may be required for the particular job; with definite straight-line sides but with corners properly rounded to permit adequate caulking, as illustrated in Figures 1, 2, 3, and 4. The length designated as “L” and the width designated as “W” are also shown in Figures 1, 2, 3, and 4.

(f) Rivets shall be used in “riveted” patch seams unless their use is difficult or impossible, in which case, patch bolts may be used. Rivet holes may be countersunk in patches on shells that have the heads supported by tubes or braces, providing the angle of the chamfer with the center line of the rivet hole does not exceed forty-five degrees (45o), and the depth does not exceed half the thickness of the plate.

(g) Patch material shall be of fire box or flange steel depending upon the plate it replaces. Tank steel shall not be used. The repair shop shall be required to produce a copy of the manufacturer's mill test report for the material to be used.

(h) The patch plate material shall contain the steelmaker's brand. If only a part of a plate is required and this part does not contain the brand, the brand shall be transferred to the patch plate in the presence of a qualified inspector or a representative of the plate manufacturer before the plate is cut. Replacement rivets, patch bolts, and staybolts shall be of material approved for new construction by the code.

(i) All patch plates except patch plates containing blowoff connections shall be placed inside of the boiler shell or drum if exposed to the products of combustion and if installed where there is a possibility that scale deposits may be pocketed. Patch plates containing blowoff connections shall be placed on the outside of the boiler shell.

§795. Installation of Riveted Patches.

(a) The following procedure shall be followed when installing riveted patches:

(1) Distorted sheets which require patching shall first be set back straight as nearly as possible before proceeding with the cutting out of the plate so that the patch may be kept as small as possible.

(2) All defective or deteriorated material shall be removed and properly trimmed to provide for caulking and neat workmanship in attaching the patch.

(3) The edges of a patch shall be beveled for calking by planing, chipping, or gas cutting before applying it to the boiler. Rivets should be driven by gun, if at all possible.

(4) All rivet holes shall be drilled full size or the holes may be punched not to exceed one-fourth inch (1/4”) less than full size for plates over five-sixteenths inch (5/16”), and one-eighth inch (1/8”) less than full size for plates five-sixteenths inch (5/16”) or less in thickness, and then reamed to full size with patch in place. Rivet holes shall be not more than one-sixteenth inch (1/16”) greater in diameter than the nominal diameter of the rivet.

(5) Seal welding of the patch plate is permissible if a single bead is used with a throat thickness not more than three-sixteenths inch (3/16”). The patch shall be tight under a hydrostatic test pressure equal to the operating pressure before seal welding. Rivets and patch bolts shall not be seal welded.

(6) When three (3) plates are lapped at the corners of a patch, the middle plate shall be scarfed carefully to a feather edge the entire width of the lap as shown in Figure 1.

(7) Upon the completion of repairs, a hydrostatic test of one hundred fifty percent (150%) of the maximum allowable operating pressure shall be applied. All seams shall be tight at this pressure.

§796. Riveted Patch Seam Calculations.

(a) Riveted patch seams are calculated as follows:

(1) Determine the length, L, of the patch from the area of the defect to be repaired (Figures 1, 2, 3, and 4). The normal efficiency, e, of the single-riveted seam that is to be used in the patch should then be determined from Table 1. This is governed by the thickness of plate and diameter of rivet holes.

Table 1

EFFICIENCIES OF SINGLE--RIVETED SEAMS

Plate Rivet Hole Pitch of Efficiency of

Thickness, t Diameter, d Rivet, p Seam, e

1/4 11/16 1 7/8 63.6

9/32 3/4 1 7/8 60.3

5/16 3/4 1 7/8 60.0

11/32 13/16 1 15/16 58.0

3/8 13/16 1 15/16 57.0

13/32 7/8 2 1/16 57.5

7/16 15/16 2 1/4 56.0

15/32 15/16 2 1/8 55.5

1/2 1 2 1/4 55.7

9/16 1 1/16 2 3/8 53.0

19/32 1 1/16 2 1/4 52.8

5/8 1 1/16 2 1/4 50.5

21/32 1 1/8 2 5/16 51.4

11/16 1 1/8 2 5/16 51.4

Tensile strength assumed at 55,000 psi and shearing strength at 44,000 psi.

After determining the length, L, of a patch, determine its width girthwise, W. This is found by multiplying the length by the constant, C, as shown in Table 2 or 3, depending upon the type of boiler to be repaired. These tables give a constant, C, for a given efficiency, e, of patch and efficiency, E, of the longitudinal seam.

(2) To determine the longitudinal efficiency of an existing patch, the length, L, and width, W, the pitch, P, and the diameter, d, of rivet, should be measured. “W” divided by “L” will give the constant, C. Table 1 will give “e.” Then under “e” in Table 2 or 3, depending upon the type of boiler to be repaired, find the constant, C. Whatever “E” is in the first column is the longitudinal or allowed efficiency of the patch seam.

§797. Example of the Application and Explanation of Patch Tables and Charts.

History

(a) A patch is to be placed in the fire sheet of a horizontal return tubular boiler having a shell plate seven-sixteenths-inch (7/16") thick, a longitudinal seam efficiency of seventy-four percent (74%), and a length of patch of thirty-six inches (36"). Find the width, W, of patch to be applied so that there will be no reduction in pressure, using a single-riveted seam of normal design.

Referring to Table 1, it is found that seven-sixteenths-inch (7/16”) plate with fifteen-sixteenths-inch (15/16”) diameter rivet holes, pitched two and one-fourth (2 1/4) gives a seam efficiency of fifty-six percent (56%).

Referring to Table 2, E = 0.74 and e = 0.56 gives a constant C = 1.75; then width W = L x C = 36 x 1.75 = sixty-three inches (63”).

(b) Pressure Allowed on an Existing Patch.

A crescent-shaped patch has already been installed on a horizontal-tubular boiler. It is thirty inches (30”) long and forty-eight inches (48”) wide. The seam is single riveted with thirteen-sixteenths-inch (13/16”) rivet holes pitched one and fifteen-sixteenths inches (1 15/16”). The boiler shell plate is three-eighths-inch (3/8”) thick. The longitudinal seam is of the double-riveted butt-strap type having an efficiency of eighty-two percent (82%). The safety valve is set for one hundred twenty-five pounds (125#) pressure. What maximum pressure should be allowed on the boiler? Reference to Table 1, shows that the normal efficiency of the patch seam is fifty-seven percent (57%). (If the efficiency is not found in the Table, refer to any other available table or determine it in the manner described in paragraphs A-1, A-2 and A-3 of the Appendix of the A.S.M.E. Boiler Code.)

Divide the width of the patch, W = forty-eight inches (48”) by the length, L = thirty inches (30”) to find the constant, C = 48/30 = 1.60. Follow down column 0.57 of Table 2 until 1.60 is found. It will be noted that this is somewhere between 1.56 and 1.62 representing E somewhere between 0.72 and 0.73. As the difference between 1.56 and 1.62 is 6, and the difference between 1.56 and 1.60 is 4, E will be 0.72 plus 4/6 of 0.01 which is 0.7266.

The maximum allowable working pressure varies directly as the seam efficiency. Accordingly, P = (0.7266/0.82) x 125 = 110#. If this pressure allowance interferes with the operation of the plant, the patch shall be replaced by a new one with the proper dimensions giving a diagonal efficiency of eighty-two percent (82%).

Reference to Table 1 shows that a single-riveted lap seam with seven-sixteenths-inch (7/16”) plate, fifteen-sixteenths-inch (15/16”) diameter rivet holes, and two-and-one-half-inch (2 1/2”) pitch has a normal efficiency of fifty-six percent (56%).

Reference to Table 3, shows E = 0.82 and e = 0.56, the constant C is 3.16.

Then width W = C x 1 ÷ 2.

W = 3.16 x 36 ÷ 2 = 56.88 or practically fifty-seven inches (57”).

Embedded Graphic 08.0146

Embedded Graphic 08.0147

Embedded Graphic 08.0148

Embedded Graphic 08.0149

HISTORY

1. Repealer and new subsections (a) and (b) filed 8-12-76; effective thirtieth day thereafter (Register 76, No. 33).

2. Change without regulatory effect repealing and adopting new Figures 1-6 within subsection (b) filed 5-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 21).

Appendix 1

3228. (i)1 Boiler, Furnace and Incinerator Rooms.

Any room containing a boiler, furnace, incinerator, or other fuel-fired equipment must be provided with two means of egress when both of the following conditions exist:

(1) The area of the room exceeds 500 square feet, or

(2) The largest single piece of fuel-fired equipment exceeds 1,000,000 B.t.u. per hour input capacity.

Exception: Rooms housing high-pressure boilers (greater than 15 lbs. psi) where either of the conditions listed in (1) or (2) exist shall be provided with 2 exits.

If two means of egress must be provided, one may be a fixed ladder. The means of egress must be separated by a horizontal distance not less than half the greatest horizontal dimension of the room. All openings shall be protected with a self-closing fire assembly having a minimum one-hour fire-protection rating. Where oil-fired boilers are used, a 6-inch noncombustible sill (dike) shall be provided. There shall be no interior openings between any occupancy where flammable or explosive concentrations may be expected to accumulate.

1 Reprint of General Industry Safety Order, Section 3228(i), Exits, Boiler, Furnace and Incinerator Rooms, of the California Administrative Code, Title 8, Subchapter 7 (Register 72, No. 23).

3274.2 Valves and Controls.

(a) Where pipe valves require daily manipulation and are so located that they cannot be reached or operated from the floor, a permanent platform or other safe means of operation shall be provided.

(b) Valves or other controls shall not be so located that their manipulation exposes the employee to hazards of dangerous moving parts of prime movers, machines, or transmission equipment. (Title 24, T8-3274)

2 Reprint of General Industry Safety Order, Section 3274, Valves and Controls, of the California Administrative Code, Title 8, Subchapter 7 (Register 76, No. 29).

3311.3 Flarebacks.

(a) To provide greater safety in lighting and relighting fixed fired equipment, the employer shall designate one or more employees who shall be trained in the safe lighting and relighting of the equipment. It shall be the responsibility of the employer to limit lighting and relighting of the equipment to employees so designated. It shall be the responsibility of the employees to follow the instructions given them. Copies of the instructions shall be prominently displayed at a location near the equipment.

(b) In addition to the above fire boxes or combustion chambers shall be purged or allowed sufficient time to vent themselves before a source of ignition is introduced into them.

(c) Provision shall be made, for the furnishing of extension lighting rods, where their use is indicated. Valves and other controls shall be so located as to avoid placing the employee in an unsafe position if a flareback occurs.

3 Reprint of General Industry Safety Order, Section 3311, Flarebacks, of the California Administrative Code, Title 8, Subchapter 7 (Register 72, No. 23).

3312.4 Entering Combustion Chambers, Flues, Boilers or Unfired Steam Pressure Vessels.

(b) Employees shall not enter or be required to enter the fire boxes, flues or combustion chambers of fired apparatus until:

(2) All probability of ignition of any solid combustibles in the fire box or combustion chamber has been removed.

4 Reprint of General Industry Safety Order, Section 3312, Entering Combustion Chambers, Flues, Boilers or Unfired Steam Pressure Vessels, of the California Administrative Code, Title 8, Subchapter 7 (Register 72, No. 23).

3310.5 Discharge Location.

(a) The discharge opening from traps, drains, and blowoffs shall be located so as not to endanger the safety of employees.

5 Reprint of General Industry Safety Order, Section 3310(a), Discharge Location (Register 72, No. 23).

3514.6 Tubular Gage Guard.

(a) Tubular water gages on portable steam boilers shall be protected with a substantial guard affording protection at least equivalent to that obtained by an enclosure of one-half (1/2) inch wire mesh of No. 18 U.S.S. gage.

(b)(NI) Every portable steam boiler shall be equipped with liquid level gages of the reflex type.

6 Reprint of General Industry Safety Order, Section 3514, Tubular Gage Guard (Register 72, No. 23).

3515.7 Try Cock Discharge Receptacle.

Where discharge presents hazards to employees, try cocks shall discharge into a funnel, dripper, or other similar receptacle, which in turn shall be piped to a safe place of discharge.

7 Reprint of General Industry Safety Order, Section 3515, Try Cock Discharge Receptacle (Register 72, No. 23).

3516.8 Try Cock Manipulation.

Provisions shall be made whereby each of the try cocks can be manipulated by the employee while standing on the floor or platform on which the boiler is mounted.

8 Reprint of General Industry Safety Order, Section 3516, Try Cock Manipulation (Register 72, No. 23).

3517.9 Steam Gage and Water Gage Glass Location.

The steam gage and water gage glasses shall be so located on the boiler that they can be clearly seen by the operator.

9 Reprint of General Industry Safety Order, Section 3517, Steam Gage and Water Gage Glass Location (Register 72, No. 23)

HISTORY

1. New Appendix 1 (Sections 3228, 3274, 3311, 3312, 3310, 3514, 3515, 3516 and 3517) filed 12-14-76; effective thirtieth day thereafter (Register 76, No. 51).

Appendix 2

Boiler and Fired Pressure Vessel Inspection Fees

Note: The following fee schedule adopted by the Division of Industrial Safety is reprinted from Chapter 3.2, Group 2, Title 8, California Administrative Code, solely for informational purposes. Should any discrepancy exist between this reprinting and the regulations of Chapter 3.2, then Chapter 3.2 will prevail.

344.3.1 Boiler Shop Inspection Fees.

(a) Fees shall be charged for shop inspections made by qualified safety engineers of the Division as follows:

(1) Boilers and fired pressure vessels inspected in the fabricator's shop at $20.00 per hour.

(2) Boilers and fired pressure vessels inspected at the jobsite during erection at $60.00 each or $20.00 per hour whichever is greater, with a minimum charge of $20.00 per visit to the jobsite.

(b) Whenever a manufacturer or user of any apparatus or equipment fails to pay the fees required by this section within 60 days after notification, said manufacturer or user shall pay, in addition to the fees required by this section, a penalty fee equal to 100 percent of such fee. For the purposes of this section, the date of the invoice shall be considered the date of notification.

1 Reprint from Chapter 3.2, Group 2, Title 8 (Register 77, No. 49).

344.4.2 Boiler Permit and Inspection Fees.

(a) Fees shall be charged for field inspections made by qualified safety engineers of the Division as follows:

(1) Miniature Boilers: Internal Inspection at $20.00

External Inspection at $20.00

(2) Firetube Boilers not exceeding 48 inches in diameter:

Internal Inspection at $30.00

External Inspection at $20.00

(3) Firetube Boilers exceeding 48 inches in diameter:

Internal Inspection at $50.00

External Inspection at $25.00

(4) Watertube Boilers not exceeding 500 square feet of heating surface:

Internal Inspection at $30.00

External Inspection at $20.00

(5) Watertube Boilers exceeding 500 square feet of heating surface to and including 2500 square feet of heating surface:

Internal Inspection of $50.00

External Inspection of $25.00

(6) Watertube Boilers exceeding 2500 square feet of heating surface:

Internal Inspection at $60.00

External Inspection at $30.00

(7) Boilers other than firetube, watertube or miniature:

Internal Inspection at $20.00

per hour with $20.00

minimum per boiler

External Inspection at $20.00

(8) Resale or repair inspection of all boilers and pressure vessels at $20.00 per hour:

Minimum charge per boiler is at $20.00

(b) Whenever an owner or user of any apparatus or equipment fails to pay the fees required under this section within 60 days after notification, said owner or user shall pay, in addition to the fees required under this section a penalty fee equal to 100 percent of such fee. For the purposes of this section, the date of the invoice shall be considered the date of notification.

HISTORY

. 1 New Appendix 2 filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13).

2 Reprint from Chapter 3.2, Group 2, Title 8 (Register 77, No. 49).

Subchapter 3. Compressed Air Safety Orders (Governing Work in Compressed Air)

Article 1. Application

§1200. Application of Orders.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amended Subchapter 3 (Sections 1200-1202, 1204, 1205, 1210, 1215-1217, 1220, 1225, 1230, 1240, 1250, 1270, 1280 and Appendices A and B) filed 7-18-66; effective thirtieth day thereafter (Register 66, No. 23). For former Subchapter 3, see Registers 3 and 55, No. 13.

2. Amendment filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

3. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

4. Repealer of subchapter 3 (articles 1-12, sections 1200-1280), article 1 (section 1200) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

§1201. Permits for Variation from These Orders.

History

HISTORY

1. Repealer filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

§1202. Posting of Application.

History

HISTORY

1. Repealer filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

Article 2. Definitions

§1204. Definitions.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer of article 2 (section 1204) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 3. General Provisions

§1205. General Provisions.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment of subsection (b) filed 11-1-99; operative 12-1-99 (Register 99, No. 45).

3. Repealer of article 3 (section 1205) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 4. Compression

§1210. Compression Rate.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment designating first paragraph as subsection (a) and new subsection (b) filed 11-1-99; operative 12-1-99 (Register 99, No. 45).

3. Repealer of article 4 (section 1210) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 5. Decompression

§1215. Normal Condition.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 8, No. 32).

2. Repealer of article 5 (sections 1215-1217) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

§1216. Repetitive Exposures.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

§1217. Decanting.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 6. Air Locks and Special Decompression Chamber

§1220. Air Locks.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment of subsections (c) and (g) and new subsection (p) filed 11-1-99; operative 12-1-99 (Register 99, No. 45).

3. Repealer of article 6 (sections 1220-1225) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

§1225. Special Decompression Chamber.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 7. Temperature, Illumination, Sanitation and Ventilation

§1230. Temperature, Illumination, Sanitation and Ventilation.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment of subsections (b) and (d) and new subsections (g) and (h) filed 11-1-99; operative 12-1-99 (Register 99, No. 45).

3. Change without regulatory effect amending subsection (e) filed 12-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 53).

4. Repealer of article 7 (section 1230) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 8. Compressor Plant, Air Supply, and Telephone Communication

§1240. Compressor Plant, Air Supply and Telephone Communication.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer of article 8 (section 1240) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 9. Bulkheads and Screens

§1250. Bulkheads and Screens.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer of article 9 (section 1250) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 10. Fire Prevention

§1270. Fire Prevention.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer of article 10 (section 1270) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 11. Medical Attendance, Examination, and Regulations

§1280. Medical Control.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer of article 11 (section 1280) and section filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Article 12. Suggestions for the Guidance of Compressed Air Workers

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 12 filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

Appendix A

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Appendix A filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer of article 12 (Appendices A and B) and Appendix A filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14). For prior history of article 12, see Register 85, No. 32).

Appendix B

HISTORY

1. Amendment of Appendix B filed 8-7-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer of Appendix B filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14).

Subchapter 4. Construction Safety Orders

(Originally Printed 4-20-45)

Article 1. Introduction

§1500. Title. [Repealed]

Note • History

NOTE

Authority cited: Sections 142.3, 6312, 6500 and 6502, Labor Code.

HISTORY

1. Construction Safety Orders (§§ 1501 through 1756) originally printed 4-20-45 (Title 8).

2. Repealer and New Construction Safety Orders (Subchapter 4, §§ 1500 through 1733) filed 8-29-57; effective thirtieth day thereafter (Register 57, No. 14). (For prior amendments, see Registers 3, 5, 9, and 14, No. 8).

3. Repealer of Subchapter 4 and new Subchapter 4 (§§ 1500 through 1768) filed 7-9-65; effective thirtieth day thereafter (Register 65, No. 12).

4. Repealer of and new Introduction to Article 1 filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

5. Repealer of Preamble to Article 1 and Section 1500 filed 8-13-84; effective thirtieth day thereafter (Register 84, No. 33).

§1501. Superseded Orders. [Repealed]

History

HISTORY

1. Repealer filed 8-13-84; effective thirtieth day thereafter (Register 84, No. 33).

§1502. Application.

Note • History

(a) These Orders establish minimum safety standards whenever employment exists in connection with the construction, alteration, painting, repairing, construction maintenance, renovation, removal, or wrecking of any fixed structure or its parts. These Orders also apply to all excavations not covered by other safety orders for a specific industry or operation.

(b) At construction projects, these Orders take precedence over any other general orders that are inconsistent with them, except for Tunnel Safety Orders or the Pressurized Worksite Standards in Article 154 of the General Industry Safety Orders.

(c) Machines, equipment, processes, and operations not specifically covered by these Orders shall be governed by other applicable general Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

2. Amendment of subsection (a) filed 8-13-84; effective thirtieth day thereafter (Register 84, No. 33).

3. Change without regulatory effect amending subsection (b) filed 9-1-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 36).

§1502.1. OSHA Standards. [Repealed]

History

HISTORY

1. New section filed 2-14-73; effective thirtieth day thereafter (Register 73, No. 7).

2. Repealer filed 8-13-84; effective thirtieth day thereafter (Register 84, No. 33).

§1503. Permits for Excavations, Trenches, Construction, (Building Structure, Scaffolding or Falsework), and Demolition. [Repealed]

Note • History

Note: Permit requirements of the Division of Occupational Safety and Health are contained in Chapter 3.2, Group 2, Title 8, CAC.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-30-75 as an emergency; effective upon filing (Register 75, No. 18). For history of former section, see Register 75, No. 8.

2. Certificate of Compliance filed 6-20-75 (Register 75, No. 25).

3. Repealer and new section filed 5-12-83; effective thirtieth day thereafter (Register 83, No. 20).

Article 2. Definitions

§1504. Definitions.

Note • History

(a) The following definitions shall apply in the application of these Orders.

Access. A means of reaching a workspace or a work area.

Accessible. Within reach from a workspace or work area.

Adequate Ventilation. Ventilation which, under normal operating conditions, is sufficient to keep the concentration of a hazardous gas, vapor, mist, fume or dust below the amount which will produce harmful effects or below 20 percent of the lower explosive limit, whichever is lower.

Anchorage. A secure point of attachment for lifelines, lanyards or deceleration devices.

Approved. See section 1505.

Body Belt. A simple or compound strap with means for securing it about the waist and for securing a lanyard to it.

Body Harness. Straps which may be secured about the employee in a manner that will distribute the fall arrest forces over at least the thighs, pelvis, waist, chest and shoulders with means for attaching it to other components of a personal fall arrest system.

Buckle. Any device for holding the body belt or body harness closed around the employee's body.

Bulldozer. A tractor having a blade in front for moving earth or other materials.

Bull Float. A tool used to spread out and smooth a concrete surface.

Carryall. A self-loading and unloading vehicle pulled by a tractor or powered attachment, and used for movement and placing of earth or other materials.

Certified Safety Professional or CSP. A safety professional who has met education and experience standards, has demonstrated by examination the knowledge that applies to professional safety practice, continues to meet recertification requirements established by the Board of Certified Safety Professionals (BCSP), and is authorized by BCSP to use the Certified Safety Professional designation.

Closed Container. A container as herein defined, so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.

Combustible Liquid. A liquid having a flash point at or above 100oF (37.8 degrees C). Combustible liquids shall be subdivided as follows:

(A) Class II liquids shall include those having flash points at or above 100o F (37.8oC) and below 140oF (60oC).

(B) Class IIIA liquids shall include those having flash points at or above 140oF (60oC) and below 200oF (93.4oC).

Competent Person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Connector. A device which is used to couple (connect) parts of the personal fall arrest system and positioning device systems together. It may be an independent component of the system, such as a carabiner, or it may be an integral component of part of the system (such as a buckle or dee-ring sewn into a body belt or body harness, or a snap-hook spliced or sewn to a lanyard or self-retracting lanyard).

Contaminant. A harmful, irritating or nuisance material that is foreign to the environment.

Note: For definition of “harmful exposure” refer to section 5140 of General Industry Safety Orders.

Controlled Access Zone (CAZ). An area in which certain work may take place without the use of guardrails, personal fall arrest systems, or safety nets and access to the zone is controlled.

Coon. To straddle and move horizontally on a beam while walking on the bottom flanges.

Crawling Board (Chicken Ladder). A plank with cleats spaced and secured at equal intervals and used by workers on roofs as a means of access.

Dangerous Equipment. Equipment (such as pickling or galvanizing tanks, degreasing units, machinery, electrical equipment, and other construction related equipment such as hoppers and conveyors) which, as a result of form or function, may be hazardous to employees who fall onto or into such equipment.

Deceleration Device. Any mechanism, such as a rope grab, rip-stitch lanyard, specially-woven lanyard, tearing or deforming lanyards, automatic self-retracting lifelines/lanyards, etc., which serves to dissipate a substantial amount of energy during a fall arrest, or otherwise limit the energy imposed on an employee during fall arrest.

Deceleration Distance. The additional vertical distance a falling employee travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured as the distance between the location of an employee's body belt or body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, and the location of that attachment point after the employee comes to a full stop.

Defect. Any characteristic or condition which tends to weaken or reduce the strength or the safety of the tool, machine, object, or structure of which it is a part.

Division. The current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these Orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

Drop Line (Safety Line). A vertical line from a fixed anchorage, independent of the work surface, to which the lanyard is affixed.

Elevator, Construction. Any means used to hoist persons or material of any kind on a building under course of construction, when operated within guides, by any power other than muscular power.

Emergency Medical Services.

(A) Appropriately Trained Person. A physician or registered nurse currently licensed in California or a person possessing a current certificate (training within the past three years or as specifically stated on the certificate) from the American National Red Cross or equivalent training that can be likewise verified. Acceptable Red Cross certificates are those from the Standard First-Aid Multimedia, Standard First Aid and Personal Safety, or Advanced First Aid and Emergency Care courses.

Note: Equivalent training includes, but is not limited to, training which is equivalent to that provided by the American National Red Cross, or training required for certification as mobile intensive care paramedics as provided under chapter 2.5, article 3, sections 1480 through 1484.4 of the California Health and Safety Code; and, courses that are given by nationally recognized voluntary health organizations, official agencies, such as Mine Safety and Health Administration, or accredited teaching institutions.

(B) Emergency Medical Services. The communications, transportation and medical and related services, such as first aid, rendered in response to the individual need for immediate medical care in order to reduce or prevent suffering and disability and reduce the incidence of death.

(C) First Aid. The recognition of, and prompt care for injury or sudden illness prior to the availability of medical care by licensed health-care personnel.

Employer.

(A) The State and every State agency.

(B) Each county, city, district, and all public and quasi-public corporations and public agencies therein.

(D) The legal representative of any deceased employer.

Excavation, Trenches, Earthwork.

(A) Bank. A mass of soil rising above a digging level.

(B) Exploration Shaft. A shaft created and used for the purpose of obtaining subsurface data.

(C) Geotechnical Specialist (GTS). A person registered by the State as a Certified Engineering Geologist, or a Registered Civil Engineer trained in soil mechanics, or an engineering geologist or civil engineer with a minimum of 3 years applicable experience working under the direct supervision of either a Certified Engineering Geologist or Registered Civil Engineer.

(D) Hard Compact (as it applies to section 1542). All earth material not classified as running soil.

(E) Lagging. Boards which are joined, side-by-side, lining an excavation.

(F) Running Soil (as it applies to section 1542). Earth material where the angle of repose is approximately zero, as in the case of soil in a nearly liquid state, or dry, unpacked sand which flows freely under slight pressure. Running material also includes loose or disturbed earth that can only be contained with solid sheeting.

(G) Shaft. An excavation under the earth's surface in which the depth, is much greater than its cross-sectional dimensions such as those formed to serve as wells, cesspools, certain foundation footings, and under streets, railroads, buildings, etc.

Exhaust Retrofit. An emission control device installed on a vehicle after the vehicle's manufacture, including, but not limited to, modified or added sections of exhaust pipe that connects the emission control device to the engine.

Exit. Exit is a continuous and unobstructed means of egress to a public way, and shall include intervening doors, doorways, corridors, exterior exit balconies, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts, and yards.

Failure. Load refusal, breakage, or separation of component parts. Load refusal is the point where the ultimate strength is exceeded.

Falsework and Shoring for Concrete Construction. Temporary formwork and vertical shoring, etc., to support concrete and placing operations for supported slabs of concrete structures.

Fire Extinguishers, Portable.

(A) Portable fire extinguishers are classified for use on certain classes of fires and rated for relative extinguishing effectiveness at a temperature of plus 70 degrees Fahrenheit by nationally recognized testing laboratories. This is based upon the classification of fires and the fire-extinguishment potentials as determined by fire tests.

(B) The classification and rating system described in this standard is that used by Underwriters' Laboratories, Inc., and Underwriters' Laboratories of Canada and is based on extinguishing pre-planned fires of determined size and description as follows:

1. Class A Rating. Wood and excelsior.

2. Class B Rating. Two-inch depth n-heptane fires in square pans.

3. Class C Rating. No fire test. Agent must be a nonconductor of electricity.

4. Class D Rating. Special tests on specific combustible metal fires.

Fires.

(A) Class A. Fires in ordinary combustible materials, such as wood, cloth, paper, rubber, and many plastics.

(B) Class B. Fires in flammable liquids, gases, and greases.

(C) Class C. Fires which involve energized electrical equipment where the electrical nonconductivity of the extinguishing media is of importance. (When electrical equipment is de-energized, extinguishers for Class A or B fires may be used safely.)

(D) Class D. Fires in combustible metals, such as magnesium, titanium, zirconium, sodium, and potassium.

Flammable Liquid. A liquid having a flash point below 100o F (37.8o C) and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100o F (37.8o C) and shall be known as a Class I liquid. Class I liquids shall be subdivided as follows:

(A) Class IA shall include those having flash points below 73o F (22.8oC) and having a boiling point below 100oF (37.8o C).

(B) Class IB shall include those having flash points below 73o F (22.8oC) and having a boiling point at or above 100o F (37.8o C).

Floor Area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

Free Fall. The act of falling before a personal fall arrest system begins to apply force to arrest the fall.

Free Fall Distance. The vertical displacement of the fall arrest attachment point on the employee's body belt or body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance, and lifeline/lanyard elongation, but includes any deceleration device slide distance or self-retracting lifeline/lanyard extension before they operate and fall arrest forces occur.

Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving or sidewalk, within the area between the building and the property line, or when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building.

Guardrail. (See Railing)

Guy. A line that steadies a mast or structure by pulling against an off-center load.

Handrail. A rail used to provide employees with a handhold for support.

Haulage Vehicle, as used in these Orders. A self-propelled vehicle including its trailer, used to transport materials on construction projects. The term “haulage vehicle” includes trucks, truck and trailer combinations, and all other similar equipment used for haulage.

Hazardous Substance. One which by reason of being explosive, flammable, extremely flammable, poisonous, corrosive, oxidizing, irritant, or otherwise harmful is likely to cause injury.

Helicopter. A rotary wing aircraft which depends principally for its support and motion in the air upon the lift generated by one or more power-driven rotors, rotating on substantially vertical axes. It can hover, fly backward and sideways, in addition to forward flight. (The following definitions (A) through (K) apply to helicopter operations only.):

(A) Automatic Release Device. A mechanism for releasing the load without deliberate action by the pilot or crewmen.

(B) Dangerous Materials. Explosives, flammables, oxidizing materials, corrosive liquids, compressed gases, poisons, radioactive materials, or a combination of other materials which could produce dangerous material.

(D) Emergency. Human lifesaving or protective operation.

(E) External Load (Helicopter). A cargo which is not contained wholly within the fuselage of the aircraft.

(F) Ground Crew (Helicopter). Those employees not on board the helicopter who are directly involved with helicopter operations.

(G) Heliport. An area used for regular helicopter landings and takeoffs.

(H) Line Stringing Operation (Helicopter). The placing of any line (power, communication, or other line, including the pulling line) between two or more points by pulling it with an airborne helicopter. This does not include towers, poles, or coiled lines transported as a unit.

(I) Passenger (Helicopter). A person to be transported who is not a member of the helicopter crew.

(J) Practicable. Means capable of being accomplished by reasonably available and workable means.

(K) Sling Load (Helicopter). An external load carried below or partly below the level of the landing gear.

Hole. Any opening in a floor or platform, which is smaller than an opening.

Jacking Operation. The task of lifting a slab (or group of slabs) vertically from one location to another (e.g., from the casting location to a temporary (parked) location, or from a temporary location to another temporary location, or to its final location in the structure), during the construction of a building/structure where the lift-slab process is being used.

Jobsite vehicle. A vehicle which is operated on a jobsite exclusively and is excluded from the provisions of applicable traffic and vehicular codes, and haulage and earthmoving vehicles regulated by the provisions of Article 10 of these Orders.

Ladders.

(A) Ladder. A device other than a ramp or stairway, designed for use in ascending or descending at an angle with the horizontal. A ladder is intended to be stationary while in service and consists of two side pieces called siderails, joined at short intervals by crosspieces called steps, rungs or cleats.

(B) Ladder, Double Cleat. A ladder that is similar to a single cleat ladder, but is wider, with an additional center rail which will allow for two-way traffic for workers in ascending and descending.

(C) Ladder, Extension. A ladder consisting of two or more sections, with guides or brackets so arranged that the ladder may be adjusted to different lengths by sliding and locking the movable section or sections.

(D) Ladder, Extension Trestle. A ladder consisting of an “A” or trestle ladder with an additional single ladder, which is supported in a vertical position by the “A” ladder.

(E) Ladder, Fixed. A ladder permanently fastened to a structure.

(F) Ladder, Jacob's ladder. A ladder having rigid rungs suspended between two vertical chain or wire rope stringers, instead of the rigid side rails used on fixed or portable ladders.

(G) Ladder, Job-built. A ladder that is fabricated by employees, typically at the construction site, and is not commercially manufactured.

(H) Ladder, Portable. A ladder, not permanently fixed in place, which may be used at various locations.

(I) Ladder, Single-rail. A portable ladder with rungs, cleats, or steps mounted on a single rail instead of the normal two rails used on most other ladders.

(J) Ladder, Steps. Either rungs, treads, or cleats.

(K) Ladder, Stepladder. A ladder having treads and so constructed as to be self-supporting.

(L) Ladder, Step stool. A self-supporting, collapsible, portable ladder, nonadjustable in length, 32 inches or less in overall size, with flat steps and without a pail shelf, designed to be climbed on the ladder top cap as well as all steps. The rails may continue above the top cap.

(M) Ladder, Trestle or “A.” A ladder consisting of two special, single ladders hinged together at the top to form equal angles with the surface on which they stand.

Lanyard. A flexible line to secure a wearer of a safety belt or harness to a drop line, lifeline, or fixed anchorage.

Leading Edge. The edge of a floor, roof, or formwork for a floor or other walking/working surface (such as the deck) which changes location as additional floor, roof, decking, or formwork sections are placed, formed, or constructed. A leading edge is considered to be an “unprotected side and edge” during periods when it is not actively and continuously under construction.

Lifeline. A horizontal line (i.e. catenary line) between two fixed anchorages, independent of the work surface, to which the lanyard is secured either by tying off or by means of a suitable sliding connection. For the purposes of these orders, lifelines may be vertical as well as horizontal (i.e. when used with a body harness).

Lift-Slab. An operation whereby a concrete slab is lifted into an elevated position by means of jacks located above the slab on columns or other supporting members.

Limited Access Zone. An area alongside a masonry wall which is under construction and which is clearly demarcated to limit access by employees.

Linemen's Body Belt. A leather or web (cotton or nylon) belt designed specifically for employees working on poles. It consists of a waist belt, generally cushioned, with a front buckle, two D rings for attaching safety straps and a multiple-looped strap for holding, rings, snaphooks, holsters and other tool holding devices.

Liquid. As applied to flammable and combustible liquids means any material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM Test for Penetration for Bituminous Materials, D-5-7.1.

Loading Device. A mobile mechanical-powered machine of the skip loader type used for picking up materials and loading or dumping them into haulage vehicles, bins, or hoppers, excluding boom-type excavators and endless belt or chain conveyors.

Lower Levels. Those areas or surfaces to which an employee can fall. Such areas or surfaces include, but are not limited to, ground levels, floors, platforms, ramps, runways, excavations, pits, tanks, material, water, equipment, structures, or portions thereof.

Lumber.

(A) Douglas Fir or Equivalent. “Selected lumber” or other suitable material of proper size, having strength at least equal to the specified Douglas fir members.

(B) “Selected Lumber.” Douglas fir that has been graded under standards as high as those followed by the West Coast Lumber Inspection Bureau or by the Western Wood Products Association as suitable for a bending stress of 1,500 psi.

1. Douglas fir graded for scaffold plank use and which has an allowable bending stress of at least 2,200 pounds per square inch (psi). Select structural scaffold plank, as described in Paragraph 171-b of the January 1, 2000 Standard Grading Rules No. 17, published by the West Coast Lumber Inspection Bureau and Scaffold No. 2 as described in Paragraph 58.12 of the 1998 Edition of the Western Lumber Grading Rules published by the Western Wood Products Association, satisfy this definition.

2. Southern Pine graded for scaffold plank use that meets the Standard Grading Rules for Southern Pine, effective July 1, 2002, Section 501 for Dense Industrial 72 Scaffold Plank and Section 502 for Dense Industrial 65 Scaffold Plank.

3. Other solid sawn wood planking graded as a scaffold plank that meets the scaffold plank grading rules of an agency approved by the American Lumber Standards Committee for the species of wood used.

(D) Size. Unless otherwise stated, the lumber sizes referred to in these Orders mean nominal sizes and thus include both the rough and dressed members of those nominal sizes.

Mast Tower. A single vertical member on which a cantilevered platform, suitable for carrying material, may be moved up and down.

Material Hoist. A hoist for raising and lowering materials only, with the hoisting of persons being prohibited.

(A) Cage. The load-carrying unit, consisting of a platform and enclosure, and including a top as well as walls.

(B) Cantilevered Hoist Tower. A hoist tower in which the platform, cage, or bucket travels on guide rails that are generally an integral part of the vertical tower member(s) and in a vertical plane, outboard from the tower member.

(D) Hoistway. A shaft way for the travel of one or more platforms, cages, or buckets. It includes the pit and terminates at the underside of the beam at the top of the tower or structure.

(E) Inside Hoists. Hoistways contained entirely within the building being served, which sometimes use the building structure itself for the support of the top beams, guide rails, and appurtenant parts necessary for the proper functioning of the platform.

(F) Load. The total superimposed weight on the hoist platform or bucket.

(G) Platform. The load-carrying unit, including the frame, which directly supports the load.

(H) Rated Load. The maximum load for which the material hoist is designed and built by the manufacturer and which is shown on the equipment nameplate(s).

(I) Rated Speed. The speed at which the platform, cage, or bucket is designed to operate in the up direction with a rated load in or on the load-carrying unit.

(J) Rope. Refers to wire rope only.

(K) Tower. The primary structure which forms the hoistway for the travel of the platform, cage, or bucket, and which provides the support for the top beams, guide rails, and other appurtenant parts necessary for the operation of such units.

Mechanical Equipment. All motor or human propelled wheeled equipment used for roofing work, except wheelbarrows and mopcarts.

Midrail. A rail approximately midway between the top rail and platform, that is secured to the uprights erected along the exposed sides and ends of platforms.

Nationally Recognized Testing Laboratory (NRTL). A laboratory which has been recognized by the Department of Labor, Occupational Safety and Health Administration (OSHA) as meeting the requirements of 29 CFR 1910.7.

O.D. O.D. means optical density and refers to the light refractive characteristics of a lens.

Opening. An opening in any floor or platform, 12 inches or more in the least horizontal dimension. It includes: stairway floor openings, ladderway floor openings, hatchways and chute floor openings.

Personal Fall Arrest System. A system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, a body belt or body harness and may include a lanyard, deceleration device, lifeline, or suitable combinations of these. As of January 1, 1998, the use of a body belt for fall arrest is prohibited.

Personal Fall Restraint System. A system used to prevent an employee from falling. It consists of anchorages, connectors, body belt/harness. It may include, lanyards, lifelines, and rope grabs designed for that purpose.

Personal Fall Protection System. A personal fall protection system includes personal fall arrest systems, positioning device systems, fall restraint systems, safety nets and guardrails.

Personal Protective Equipment. Protection where modified by the words head, eye, body, hand, and foot, as required by the Orders in Subchapter 4, means the safeguarding obtained by means of safety devices and safeguards of the proper type for the exposure, and of such design, strength, and quality as to eliminate, preclude, or mitigate the hazard.

Note: See “approved.”

Personnel Hoist. A mechanism for use in connection with the construction, alteration, maintenance, or demolition of a building structure, or other work. It is used for hoisting and lowering workers or materials, or both, is equipped with a car that moves on guide members during its vertical movement, and includes its hoistway.

(A) Buffer. A device used on construction elevators designed to stop a descending car or counterweight beyond its normal limit of travel by storing or by absorbing and dissipating the kinetic energy of the car or counterweight.

1. Buffer, Hydraulic. A buffer using fluid as a medium which absorbs and dissipates the kinetic energy of the descending car or counterweight.

2. Buffer Stroke, Hydraulic. The fluid-displacing movement of the buffer plunger or piston, excluding the travel of the buffer-plunger accelerating device.

3. Spring Buffer. A buffer which stores in a spring the kinetic energy of the descending car or counterweight.

4. Spring-Buffer Load Rating. The load required to compress the spring an amount equal to its stroke.

5. Spring-Buffer Stroke. The distance the contact end of the spring can move under a compressive load until all coils are essentially in contact.

(B) Car (Cage).

1. Hoist Car. The load-carrying unit including its platform, car frame, enclosure, and car door or gate.

2. Car Door or Gate Electric Contact. An electrical device, the function of which is to prevent operation of the driving machine by the normal operating device unless the car door or gate is in the closed position.

3. Car Enclosure. The top and the walls of the car resting on, and attached to, the car platform.

4. Car Frame (Sling). The supporting frame to which the car platform, upper and lower sets of guide shoes, car safety, and the hoisting ropes or hoisting rope sheaves or other lifting mechanism are attached.

5. Car Platform. The structure which forms the floor of the car and which directly supports the load.

1. Bottom Car Clearance. The clear vertical distance from the pit floor (ground or foundation) to the lowest structural or mechanical part, equipment, or device installed beneath the car platform, except guide shoes or rollers, safety-jaw assemblies, and platform aprons or guards, when the car rests on its fully compressed buffers.

2. Top Car Clearance. The shortest vertical distance between the top of the car crosshead, or between the top of the car where no crosshead is provided, and the nearest part of the overhead structure, or any other obstruction, when the car floor is level with the top terminal landing.

3. Top Counterweight Clearance. The shortest vertical distance between any part of the counterweight structure and the nearest part of the overhead structure, or any other obstruction, when the car floor is level with the bottom terminal landing.

(D) Door or Gate.

1. Car or Hoistway Door Gate. The sliding portion of the car or the hinged or sliding portion in the hoistway enclosure which closes the opening, giving access to the car or to the landing.

2. Biparting Door. A vertically or horizontally sliding door consisting of two or more sections so arranged that the sections or groups of sections open away from each other and so interconnected that all sections operate simultaneously.

3. Manually Operated Door or Gate. A door or gate which is opened and closed by hand.

(E) Emergency Stop Switch. A device located in the car which, when manually operated, causes the power to be removed from the driving-machine motor, thereby causing the brake to be applied.

(F) Guide Members. Fixed vertical steel sections designed to prevent lateral movement of the car. Guide members may be standard elevator T-rails or other suitable sections.

(G) Guide Shoes or Rollers. Devices attached to the car frame or counterweight which cause the car to be guided by the guide members.

(H) Hoistway. A temporary shaftway; the space traveled by the car.

1. Hoistway Enclosure. The structure which isolates the hoistway from all other parts of the building and on which the hoistway doors or gates, and door or gate assemblies, are installed.

2. Hoistway-Door or Gate Interlock. A device having the following two related and interdependent functions which are:

a. Preventing the operation of the driving machine by the normal operating device unless the hoistway door or gate is locked in the closed position and,

b. Preventing the opening of the hoistway door or gate from the landing side unless the car is within the landing zone and is either stopped or being stopped.

3. Car Door or Gate Separate Mechanical Lock. A mechanical device, the function of which is to lock a car door or gate in the closed position as the car leaves the receiving landing and to prevent the door or gate from being opened unless the car is within the landing zone.

4. Hoistway Unit System. A series of hoistway-door or gate interlocks, the function of which is to prevent operation of the driving machine by the normal operating device unless all hoistway doors or gates are in the closed position and locked.

(I) Landing.

1. Hoist Landing. That portion of a floor, balcony, or platform used to receive and discharge passengers or material.

2. Electric Driving Machine. A machine whose energy is applied by an electric motor.

3. Geared-Drive Machine. A direct-drive machine in which the energy is transmitted from the motor to the driving sheave, drum, or shaft through gearing.

4. Gearless Traction Machine. A traction machine without intermediate gearing, which has the traction sheave and the brake drum mounted directly on the motor shaft.

5. Rack and Pinion Machine. A machine in which the motion of a car is obtained by a power-driven rotating pinion, or pinions, mounted on the car, traveling on a stationary rack mounted on the supporting mast (tower).

6. Traction Machine. A machine in which the motion of a car is obtained through friction between the suspension ropes and a traction sheave.

7. Winding-Drum Machine. A geared-drive machine in which the hoisting ropes are fastened to, and wind on, a drum.

8. Worm-Geared Machine. A direct-drive machine in which the energy from the motor is transmitted to the driving sheave or drum through worm gearing.

(K) Mast (Tower). A vertical structure which supports and guides the cart (and the counterweight and overhead when used) outside of the mast structure.

(L) Operating Device. The car switch, push button, lever, or other manual device used to actuate the control.

(M) Operation. The method of actuating the control.

1. Car-Switch Operation. An operation wherein the movement and direction of travel of the car are directly and solely under the control of the operator by means of a manually operated car switch in the car.

(N) Overhead Structure (Cathead). All of the structural members or platforms supporting the hoist machinery, sheaves, or equipment at the top of the hoistway.

(O) Oxygen Deficient Atmosphere. An atmosphere containing oxygen at a concentration of less than 19.5 percent by volume.

(P) Pit. That portion of a hoistway extending from the threshold level of the lowest landing door to the floor (ground or foundation) at the bottom of the hoistway.

(Q) Rated Load. The load for which the hoist is designed and installed to lift at the rated speed.

(R) Rated Speed. The speed in the up direction, with rated load in the car, at which a hoist is designed to operate.

(S) Rope. Hoist wire ropes, governor wire ropes, and compensating wire ropes.

(T) Runby.

1. Bottom Hoist-Car Runby. The distance between the car-buffer striker plate and the striking surface of the car buffer when the car floor is level with the bottom terminal landing.

2. Bottom Hoist-Counterweight Runby. The distance between the counterweight-buffer striker plate and the striking surface of the counterweight buffer when the car floor is level with the top terminal landing.

(U) Safety, Car or Counterweight. A mechanical device attached to the car frame or to an auxiliary frame, or to the counterweight frame, to stop and hold the car or counterweight in case of predetermined over-speed or free fall, or if the hoisting ropes slacken.

(V) Slack-Rope Switch. A device which automatically causes the power to be removed from the hoist driving-machine motor and applies the brake when the hoisting ropes of a winding-drum machine become slack.

(W) Stopping Device.

1. Terminal Speed-Limiting Device. A device which automatically reduces the speed as a car approaches a terminal landing, independently of the functioning of the operating device and the normal-terminal stopping device, if these devices fail to slow down the car as intended.

2. Final-Terminal Stopping Device. A device which automatically causes the power to be removed from a hoist driving-machine motor and applies the brake independent of the functioning of the normal-terminal stopping device, the operating device, or an emergency terminal stopping device, after the car has passed terminal landings.

3. Normal-Terminal Stopping Device. A device or devices to slow down and stop a hoist car automatically at or near a terminal landing, independently of the functioning of the operating device.

(X) Tower. A vertical structure which supports and guides the car (and the counterweight and overhead when used) within the tower structure.

(Y) Travel (Rise). The vertical distance between the bottom terminal landing and the top terminal landing of a hoist.

Platform. An elevated working area or surface used for supporting workers, materials and equipment.

Powder-Actual Tools.

(A) Cased Power Load. A power load with the propellant contained in a closed case.

(B) Caseless Power Load. A power load with the propellant in solid form not requiring containment.

(D) Fasteners. Any pins (unthreaded heads) or studs (threaded heads) driven by powder-actuated tools.

(E) Fixture. A special shield which provides equivalent protection where the standard shield cannot be used.

(F) Head. That portion of a fastener which extends above the work surface after being properly driven.

(G) High-Velocity Tool. A tool whose velocity has been measured 10 times while utilizing the combination of:

(1) The lightest commercially available fastener designed for the tool.

(2) The strongest commercially available power load that will properly chamber in the tool that will produce an average velocity from the 10 tests in excess of 492 feet per second (150m/s).

(H) Medium-Velocity Tool. A tool whose test velocity has been measured 10 times while utilizing the highest velocity combination of:

(1) The lightest commercially available fastener designed for the tool.

(2) The strongest commercially available power load that will properly chamber in the tool.

(3) The piston designed for that tool and appropriate for that fastener that will produce an average test velocity from 10 tests in excess of 328 feet per second (100m/s) but not in excess of 492 feet per second (150m/s) with no single test having a velocity of 525 feet per second (160m/s).

(I) Low-Velocity Tool. A tool whose test velocity has been measured 10 times while utilizing the highest velocity combination of:

(1) The lightest commercially available fastener designed for the specific tool.

(2) The strongest commercially available power load that will properly chamber in the tool.

(3) The piston designed for that tool and appropriate for that fastener that will produce an average test velocity from the 10 tests not in excess of 328 feet per second (100m/s) with no single test having a velocity of over 354 feet per second (108m/s).

(J) Misfire. A condition in which the power load fails to ignite after the tool has been operated.

(K) Pole Tool Assembly. An attachment to a powder-actuated tool to facilitate remote operation.

(L) Powder-Actuated Fastening System. A fastening system using a powder-actuated tool, a power load and a fastener.

(M) Powder-Actuated Tool, also known as Tool. A tool that utilizes the expanding gases from a power load to drive a fastener.

(N) Power Load. The energy source used in powder-actuated tools.

(O) Shield. A device, attached to the muzzle end of a tool, which is designed to confine flying particles.

(P) Spalled Area. A damaged and nonuniform concrete or masonry surface, such as one damaged by a blow or a previously unsuccessful fastening.

(Q) Valid Operator's Card. A card issued by a qualified and authorized instructor which certifies the holder of the card has been trained in the proper operation of and is currently authorized to use the tool or tools specified on such card.

Precast Concrete. Concrete members (such as walls, panels, slabs, columns, and beams) which have been formed, cast, and cured prior to final placement in a structure.

Positioning Device System. A body belt or body harness system rigged to allow an employee to be supported on an elevated surface, such as a wall, and work with both hands free while leaning.

Qualified Person, Attendant or Operator. A person designated by the employer who by reason of training, experience or instruction has demonstrated the ability to safely perform all assigned duties and, when required, is properly licensed in accordance with federal, state, or local laws and regulations.

Radiant Energy. Energy that travels outward in all directions from its source.

Railing. A barrier consisting of a top rail and a midrail secured to uprights and erected along the exposed sides and ends of platforms.

Ramp. A surfaced sloping passageway connecting two different levels.

Readily Available. Means in a location with no obstacles to prevent immediate acquisition for use.

Reeving. A rope system in which the rope travels around drums and sheaves.

Reshoring. The construction operation in which shoring equipment (also called reshores or reshoring equipment) is placed, as the original forms and shores are removed, in order to support partially cured concrete and construction loads.

Roofing (or Bearer) Bracket. A bracket used in slope roof construction, having provisions for fastening over the ridge and secured to some suitable object.

Rope. Refers to wire rope unless otherwise specified.

Rope Grab. A deceleration device which travels on a lifeline and automatically, by friction, engages the lifeline and locks so as to arrest the fall of an employee. A rope grab usually employs the principle of inertial locking, cam/level locking, or both.

ROPS. ROPS means roll-over protective structure.

Runway. An elevated passageway.

S.A.E. S.A.E. means Society of Automotive Engineers.

Safety Belt or Harness. A device specifically for the purpose of securing, suspending, or retrieving a worker in or from a hazardous work area.

Safety Factor. Ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.

Safety Line. One that is provided to protect a worker from falls caused by failure of scaffolds, working platforms, or loss of balance, and shall extend to within 4 feet of ground or other stable surface.

Safety-Monitoring System. A safety system in which a competent person is responsible for recognizing and warning employees of fall hazards.

Self-Retracting Lifeline/Lanyard. A deceleration device containing a drum-wound line which can be slowly extracted from, or retracted onto, the drum under slight tension during normal employee movement, and which, after onset of a fall, automatically locks the drum and arrests the fall.

Safety Strap. A web strap designed specifically for use in conjunction with a linemen's belt as an aid in climbing poles and to secure the employee to the pole in a manner that permits work with both hands.

Scaffolds and Staging.

(A) Scaffold. Any temporary, elevated structure used for the support of a platform.

Note: The term “scaffold” is used with inclusion of the platform and all supporting members when reference is made to loading factors.

(B) Scaffold, Engineered. Scaffold designed by a Civil Engineer currently registered in the State of California and experienced in scaffold design.

(C) Scaffold, Light-Duty. A scaffold designed and constructed to carry a working load of 25 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

Note: Load requirements for light-duty interior scaffolds are contained in Section 1640(c)(1).

(D) Scaffold, Medium-Duty. A scaffold designed and constructed to carry a working load of 50 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

(E) Scaffold, Heavy-Duty. A scaffold designed and constructed to carry a working load of 75 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

(F) Scaffold, Special-Duty. A scaffold designed and constructed to carry a working load that exceeds 75 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.

(G) Ledger. The horizontal member of a scaffold that runs at right angles to the wall and directly supports the planking of the platform.

(H) Ribbon. The horizontal member in a scaffold which runs from upright to upright parallel to the building and is normally placed directly under the ledger.

(I) Uprights. The vertical members of a pole scaffold, such as posts, poles, or columns.

(J) Scaffold, Outrigger. A scaffold not suspended by ropes, that is supported by outrigger beams cantilevered out from the structure to which they are anchored.

(K) Scaffold, Suspended. A scaffold suspended from above by ropes or cables and rigged with pulley blocks, winches, or equivalent, so that the scaffold elevation is easily adjustable.

(L) Scaffold, Suspended, Power-Driven. Any suspended scaffold equipped with 1 or more power units for raising or lowering that are a part of and travel with the scaffold.

(M) Thrust-Out. The beam extending out from a structure to support a suspended scaffold.

(N) Stud Jack. A scaffold device of metal with saw-like teeth that grip the stud when the load is applied, and having a cantilevered ledger for the support of a working platform.

(O) Catenary or Stretch Cables. Cables for the support of staging, that are secured at each end and extend in a nearly horizontal plane. The staging is placed on and supported by these cables.

(P) Boatswain's Chair. A seat which may be raised or lowered by means of attached rigging which suspends it and the seated worker from above.

(Q) Working Load. Load imposed by workers, materials and equipment.

(R) Brace. A tie that holds one scaffold member in a fixed position with respect to another.

(S) Coupler. A device for locking together the component parts of a tubular metal scaffold. (The material used for the couplers shall be of a structural type, such as drop-forged steel, malleable iron, or structural grade aluminum.)

(T) Maximum Rated Load. The total of all loads including the working load, the weight of the scaffold, and such other loads that may be reasonably anticipated.

(U) Scaffold, Bricklayer's Square. A scaffold composed of framed wood squares which support a platform.

(V) Scaffold, Carpenter's Bracket. A scaffold consisting of wood or metal brackets that support a platform.

(W) Scaffold, Float. A scaffold hung from overhead supports by means of ropes and usually consisting of a 3/4-inch plywood platform supported by 2 securely fastened bearers.

(X) Scaffold, Horse. A scaffold composed of horses supporting a work platform.

(Y) Scaffold, Interior Hung. A scaffold suspended from the ceiling or roof structure.

(Z) Scaffold, Ladder Jack. A light trade scaffold supported by brackets attached to ladders.

(AA) Scaffold, Manually Propelled Mobile. (See Rolling Scaffold.)

(BB) Scaffold, Needle Beam. (See Outrigger Scaffold.)

(CC) Scaffold, Pole. A scaffold built of one or two rows of vertical members, horizontal ledgers, platform planks, ribbons and braces.

(DD) Scaffold, Rolling. A portable rolling scaffold supported by caster wheels.

(EE) Scaffold, Tube and Coupler. An assembly consisting of tubing which serves as posts, ledgers, ribbons, ties and braces, a base supporting the posts, and special couplers which serve to connect the uprights and to join the various members.

(FF) Scaffold, Tubular Welded Frame. A sectional panel or frame metal scaffold substantially built-up of prefabricated, welded sections which consist of posts and horizontal ledgers with intermediate members.

(GG) Scaffold, Window Jack. A scaffold, the platform of which is supported by a bracket or jack which projects through a window opening.

(HH) Scaffold, Wooden Pole. A scaffold built of one or two rows of vertical members (uprights), horizontal ledgers, platform planks, ribbons and braces. A single pole scaffold consists of one row of uprights and a double pole scaffold consists of two rows of uprights.

Shall. Mandatory.

Sheet Pile. A pile, or sheeting, that may form one of a continuous interlocking line, or a row of timber, concrete, or steel piles, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials.

Shore. A supporting member that resists a compressive force imposed by a load.

Should. Recommended.

Side Pull or Side Loading. A load applied at any angle to the vertical plane of the boom.

Skip. A container with sides in which materials are hoisted.

Snaphook. A connector comprised of a hook-shaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released, automatically closes to retain the object.

Stairs, Stairways. A series of steps and landings having 2 or more risers leading from one level or floor to another.

Standard. Standard as referred to ladders, ROPS, railings, etc., means as described elsewhere in the Orders, ultimately based upon standards established by ANSI, SAE, engineers competent in specialized fields, equipment manufacturers and other duly recognized authorities.

Standing Rope (Guy). A supporting rope which maintains a constant distance between the points of attachment to the two components connected by the rope.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story.

Structural Competence. The ability of the machine and its components to withstand the stresses imposed by applied loads.

Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Toeboard. A barrier secured along the sides and ends of a platform at the platform level used to guard against the falling of material.

Trench Jack. Screw, pneumatic or hydraulic type jacks used as cross bracing in a trench shoring system.

Trench Shield. A shoring system composed of plates and bracing, welded or bolted together, which can safely support the walls of a trench from the ground level to the trench bottom and which can be moved along as work progresses.

Unprotected Sides and Edges. Any side or edge (except at entrances to points of access) of a walking/working surface, e.g., floor, roof, ramp, or runway where there is no wall or standard guardrail or protection provided.

Vertical Slip Forms. Forms which are jacked vertically during placement of concrete.

Wall opening. A gap or void 30 inches or more high and 18 inches or more wide, in a wall or partition, through which employees can fall to a lower level.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-15-90; operative 3-17-90 (Register 90, No. 8). For prior history, see Register 87, No. 24.

2. Amendment of subsection (a) filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

3. Amendment of section adding definition for “Competent Person” and amending subsections under Excavation, Trenches, and Earthwork filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

4. Addition of “Handrail,” new subsections (D), (E) and (I) and relettering under Ladders filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

5. New definition “Jacking Operation” filed 8-11-92; operative 9-10-92 (Register 92, No. 33).

6. Amendment of “Qualified Person” definition filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

7. Amendment of definition of “Explosives” filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

8. Amendment of “Lifeline” and adoption of twenty-five new definitions filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

9. Amendment of definition of ``Lumber” filed 6-19-2001; operative 7-19-2001 (Register 2001, No. 25).

10. Amendment of definition of “scaffolds and staging” repealing subsections (B) and (C), adding new subsection (B), relettering subsections and amending newly designated subsections (C)-(F), (P) and (DD) filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

11. Amendment of subsection (a) and repealer of definition “Explosives” filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

12. New definition of “Jobsite vehicle” filed 3-5-2008; operative 4-4-2008 (Register 2008, No. 10).

13. Amendment of definition of “Lumber” redesignating subsection (C) as subsection (C)1. and adopting subsections (C)2.-3. filed 11-2-2010; operative 12-2-2010 (Register 2010, No. 45).

14. Amendment of definition of “Ladders” filed 8-5-2011; operative 9-4-2011 (Register 2011, No. 31).

15. Editorial correction of definitions of “Combustible Liquid” and “Flammable Liquid” (Register 2011, No. 32).

16. New definition of “Certified Safety Professional or CSP” filed 8-29-2011; operative 9-28-2011 (Register 2011, No. 35).

17. New definition of “Exhaust retrofit” filed 2-1-2012; operative 3-2-2012 (Register 2012, No. 5).

§1505. Approvals.

Note • History

(a) Approvals.

(1) When the term “approved” is used in these orders, it shall refer to products, materials, devices, systems, or installations that have been approved, listed, labeled, or certified as conforming to applicable governmental or other nationally recognized standards, or applicable scientific principles. The approval, listing, labeling, or certification of conformity, shall be based upon an evaluation performed by a person, firm, or entity with appropriate registered engineering competence or by a person, firm, or entity, independent of the manufacturer or supplier of the product, with demonstrated competence in the field of such evaluation.

Exception: Where written approval by the Division is required in these orders.

(2) The term “approved” shall also refer to products, materials, devices, systems, or installations that have been approved, listed, labeled, or certified by a Nationally Recognized Testing Laboratory (NRTL).

(b) The division may require proof in addition to that under (a) that the products, materials, devices, systems, or installations will provide reasonable safety under the conditions of use.

(c) When these orders require an approval of products, materials, devices, systems, or installations and that approval is not available under (a), it will be necessary to submit to the division engineering calculations, stress analyses, and other data for each design, model, or make for which an approval is requested. The division will then approve or disapprove the product, material, device, system, or installation as submitted or under specified conditions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Amendment filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

3. Amendment of subsection (a) filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

Article 3. General

§1508. Permits. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 81-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 11-22-74 (Register 74, No. 48).

3. Certificate of Compliance refiled 11-27-74 (Register 74, No. 48).

4. Repealer and new section filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

5. Repealer filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

6. Editorial correction of History 5 (Register 2010, No. 50).

§1509. Injury and Illness Prevention Program.

Note • History

(a) Every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program in accordance with section 3203 of the General Industry Safety Orders.

(b) Every employer shall adopt a written Code of Safe Practices which relates to the employer's operations. The Code shall contain language equivalent to the relevant parts of Plate A-3 of the Appendix.

(c) The Code of Safe Practices shall be posted at a conspicuous location at each job site office or be provided to each supervisory employee who shall have it readily available.

(d) Periodic meetings of supervisory employees shall be held under the direction of management for the discussion of safety problems and accidents that have occurred.

(e) Supervisory employees shall conduct “toolbox” or “tailgate” safety meetings, or equivalent, with their crews at least every 10 working days to emphasize safety.

NOTE

Authority cited: Sections 142.3 and 6401.7, Labor Code. Reference: Sections 142.3 and 6401.7, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

2. Amendment of subsection (b) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (d) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

4. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

5. Amendment filed 1-16-91; operative 2-15-91 (Register 91, No. 8).

§1510. Safety Instructions for Employees.

Note • History

(a) When workers are first employed they shall be given instructions regarding the hazards and safety precautions applicable to the type of work in question and directed to read the Code of Safe Practices.

(b) The employer shall permit only qualified persons to operate equipment and machinery.

(c) Where employees are subject to known job site hazards, such as, flammable liquids and gases, poisons, caustics, harmful plants and animals, toxic materials, confined spaces, etc., they shall be instructed in the recognition of the hazard, in the procedures for protecting themselves from injury, and in the first aid procedure in the event of injury.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

§1511. General Safety Precautions.

Note • History

(a) No worker shall be required or knowingly permitted to work in an unsafe place, unless for the purpose of making it safe and then only after proper precautions have been taken to protect the employee while doing such work.

(b) Prior to the presence of its employees, the employer shall make a thorough survey of the conditions of the site to determine, so far as practicable, the predictable hazards to employees and the kind and extent of safeguards necessary to prosecute the work in a safe manner in accordance with the relevant parts of Plate A-2-a and b of the Appendix.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new subsection (a) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

§1512. Emergency Medical Services.

Note • History

(a) Provision of Services. Where more than one employer is involved in a single construction project on a given construction site, each employer is responsible to ensure the availability of emergency medical services for its employees. The employers on the project may agree to ensure employee access to emergency medical services for the combined work force present at the job site. Such an emergency medical service program shall be adequate to service the combined work force present, but only one emergency medical program need be established at such site.

(b) Appropriately Trained Person. Each employer shall ensure the availability of a suitable number of appropriately trained persons to render first aid. Where more than one employer is involved in a single construction project on a given construction site, the employers may form a pool of appropriately trained persons. However, such pool shall be large enough to service the combined work forces of such employers.

Exception: Engineering contractors or service providers on a job site not engaged in construction activity (e.g., operation of tools, equipment or machinery directly associated with construction) that are in compliance with the requirements of Section 3400(b) of the General Industry Safety Orders.

(1) Every employer working on or furnishing personnel on a construction project, on line crews and on other short duration or transient jobs shall provide at least one first-aid kit in a weatherproof container. The contents of the first-aid kit shall be inspected regularly to ensure that the expended items are promptly replaced. The contents of the first-aid kit shall be arranged to be quickly found and remain sanitary. First-aid dressings shall be sterile in individually sealed packages for each item. The minimum first-aid supplies shall be determined by an employer-authorized, licensed physician or in accordance with the following Table:

Type of Supply Required

by Number of Employees

Supplies for First Aid over

Dressings in adequate quantities consisting of: 1-5 6-15 16-200 200

1. Adhesive dressings X X X X

2. Adhesive tape rolls, 1-inch wide X X X X

3. Eye dressing packet X X X X

4. 1-inch gauze bandage roll or compress X X X

5. 2-inch gauze bandage roll or compress X X X X

6. 4-inch gauze bandage roll or compress X X X

7. Sterile gauze pads, 2-inch square X X X X

8. Sterile gauze pads, 4-inch square X X X X

9. Sterile surgical pads suitable for

pressure dressings X X

10. Triangular bandages X X X X

11. Safety pins X X X X

12. Tweezers and scissors X X X X

* Additional equipment in adequate

quantities consisting of:

13. Cotton-tipped applicators X X

14. Forceps X X

15. Emesis basin X X

16. Flashlight X X

17. Magnifying glass X X

18. Portable oxygen and its

breathing equipment X

19. Tongue depressors X

Appropriate record forms X X X X

Up-to-date `standard' or `advanced'

first-aid textbook, manual or

equivalent X X X X

---------

*To be readily available but not necessarily within the first-aid kit.

(2) Other supplies and equipment, when provided, shall be in accordance with the documented recommendations of an employer-authorized, licensed physician upon consideration of the extent and type of emergency care to be given based upon the anticipated incidence and nature of injuries and illnesses and availability of transportation to medical care.

(3) Drugs, antiseptics, eye irrigation solutions, inhalants, medicines, or proprietary preparations shall not be included in first-aid kits unless specifically approved, in writing, by an employer-authorized, licensed physician.

(d) Informing Employees of Emergency Procedures. Each employer shall inform all of its employees of the procedure to follow in case of injury or illness.

(e) Provision for Obtaining Emergency Medical Services. Proper equipment for the prompt transportation of the injured or ill person to a physician or hospital where emergency care is provided, or an effective communication system for contacting hospitals or other emergency medical facilities, physicians, ambulance and fire services, shall be provided. The telephone numbers of the following emergency services in the area shall be posted near the job telephone, telephone switchboard, or otherwise made available to the employees where no job site telephone exists:

(1) A physician and at least one alternate if available.

(2) Hospitals.

(3) Ambulance services.

(4) Fire-protection services.

(f) Emergency Washing Facilities. Where the eyes or body of any person may be exposed to injurious or corrosive materials, suitable facilities for drenching the body or flushing the eyes with clean water shall be conspicuously and readily accessible.

(g) Emergency Call Systems. A two-way voice emergency communication system shall be installed, for buildings and structures five or more floors or 48 feet or more above or below ground level, to notify persons designated in the emergency medical services plan. The location and condition of the employee shall be able to be communicated over the system. The use of the construction passenger elevators for medical emergencies shall take precedence over all other use.

Exception: Where jobsite conditions prevent or impair the communication of the required information over the system, an alternative system acceptable to the Division shall be used.

(h) Basket Litter. At least one basket or equally appropriate litter equipped with straps and two blankets, or other similar warm covering, shall be provided for each building or structure five or more floors or 48 feet or more either above or below ground level.

(i) Written Plan. The employer shall have a written plan to provide emergency medical services. The plan shall specify the means of implementing all applicable requirements in this section. When employers form a combined emergency medical services program with appropriately trained persons, one written plan will be considered acceptable to comply with the intent of this subsection.

Note:

The provisions of Section 1512 are not intended to exclude immediate treatment of minor injuries which do not require the services of a physician.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. Repealer and new section filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

4. Amendment of subsection (a)(1) NOTE filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

5. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

6. Amendment of subsection (g) filed 11-30-92; operative 12-30-92 (Register 92, No. 49).

7. Amendment of subsection (b) filed 4-13-2000; operative 5-13-2000 (Register 2000, No. 15).

8. Change without regulatory effect amending subsection (d) filed 9-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 38).

9. New subsection (i) -- Note 2. filed 10-27-2011; operative 10-27-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2011, No. 43).

10. Amendment of subsection (i) Note filed 9-5-2012; operative 10-5-2012 (Register 2012, No. 36).

§1513. Housekeeping.

Note • History

(a) During the course of construction, alteration, or repairs, form and scrap lumber with protruding nails and all other debris shall be kept reasonably cleared from work areas, passageways, and stairs in and around buildings or other structures.

(b) The ground area within 6 feet of a building under construction shall be reasonable free from irregularities wherever it is practicable to attain this condition by grading or similar methods, and open ditches shall be bridged to provide passageways at convenient places.

(c) Material storage areas and walkways on the construction site shall be maintained reasonably free of dangerous depressions, obstructions, and debris.

(d) Combustible debris accumulated within the building or structure shall be removed promptly during the course of construction. Safe means shall be provided to expedite such removal.

(e) Flammable or hazardous wastes shall be placed in covered containers separate from the normal debris.

(f) All waste shall be disposed of at intervals determined by the rate of accumulation and capacity of the job site container.

(g) Waste, materials, or tools shall not be thrown from buildings or structures to areas where employee(s) may be located, unless the area where the material falls is guarded by fences, barricades, or other methods/means to prevent employee(s) from entering and being struck by falling objects. Signs shall be posted to warn employees of the hazard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) and new subsections (c) and (d) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. New subsection (g) filed 8-21-92; operative 9-21-92 (Register 92, No. 34).

§1514. Personal Protective Devices.

Note • History

(a) The employer shall require employees to use the required personal protective equipment.

(b) Personal protective equipment required by these orders shall be approved and distinctly marked so as to facilitate identification.

Exception: Employer manufactured shields, barriers, etc.

(d) The employer shall assure that employee-owned personal protective equipment complies with these regulations and that this equipment is maintained in a safe, sanitary condition.

(e) Protectors shall be of such design, fit and durability as to provide adequate protection against the hazards for which they are designed. They shall be reasonably comfortable and shall not unduly encumber the employee's movements.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of subsection (a) filed 2-6-76; effective thirtieth day thereafter (Register 76, No. 6).

3. Amendment of subsection (a) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

4. Amendment of subsection (a) NOTE filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

5. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85. No. 40).

§1515. Head Protection. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. Repealer filed 1-28-2000; operative 2-27-2000 (Register 2000, No. 4).

§1516. Eye and Face Protection. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of subsection (a) filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).

3. Amendment of subsection (d) filed 6-23-82; effective thirtieth day thereafter (Register 82, No. 26).

4. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

5. Amendment of Tables EP-1 and EP-2 filed 12-3-86; effective thirtieth day thereafter (Register 86, No. 49).

6. Repealer filed 1-28-2000; operative 2-27-2000 (Register 2000, No. 4).

§1517. Foot Protection. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. Repealer filed 1-28-2000; operative 2-27-2000 (Register 2000, No. 4).

§1518. Protection from Electric Shock.

Note • History

(a) Suitable protective equipment or devices shall be provided and used on or near energized equipment for the protection of employees where there is a recognized hazard of electrical shock or burns.

(b) When protective insulating equipment is used, it shall comply with the Electrical Safety Orders.

(c) In lieu of other protective equipment, barricades shall be used to provide protection from exposed, energized equipment.

(d) Before work is begun, the employer shall ascertain by inquiry, direct observation, or by instruments, whether any part of an energized electric power circuit, exposed or concealed, is so located that the performance of the work may bring any person, tool or machine into physical or electrical contact with the electric power circuit.

(1) Where such circuits exist, a legible marking shall be made indicating the presence and location of the energized circuit(s), or warning signs shall be posted in accordance with Section 3340 of the General Industry Safety Orders.

(2) The employer shall advise the employee of the location of such energized circuits, the hazards involved, and the protective measures to be taken in accordance with Section 1509 of these Orders.

Note: Section 1518(d) applies to electrical installations present on the jobsite which do not involve excavations. For electrical installations involving excavations as defined in Section 1540, see Section 1541.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. Amendment of subsection (c) and new subsections (d)-(d)(2) filed 1-27-2006; operative 2-26-2006 (Register 2006, No. 4).

§1519. Sanitation.

Note • History

Personal protective equipment shall be kept clean and in good repair. Safety devices, including protective clothing worn by the employee, shall not be interchanged among the employees until properly cleaned.

EXCEPTION: Safety devices worn over shoes or outer clothing, no part of which contacts the skin of the wearer, such as metal footguards.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

§1520. Hand Protection.

Note • History

Hand protection shall be required for employees whose work involves unusual and excessive exposure to cuts, burns, harmful physical or chemical agents or radioactive materials which are encountered and capable of causing injury or impairments.

EXCEPTION: Hand protection shall not be required where there is a danger of the hand protection becoming caught in moving machinery or materials.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

3. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

§1521. Ear Protection.

Note • History

Where required by Section 5096(b) of the General Industry Safety Orders, ear protection shall be provided by the employer and the employer shall require employees to wear the ear protection.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment filed 2-6-76; effective thirtieth day thereafter (Register 76, No. 6).

3. Amendment filed 6-28-82; effective thirtieth day thereafter (Register 82, No. 27).

§1522. Body Protection.

Note • History

(a) Appropriate body protection shall be required for those employees whose work exposes them to injurious materials.

Note: Employees should be cautioned to wash promptly and thoroughly after exposure to injurious substances.

(b) Clothing appropriate for the work being done shall be worn. Loose sleeves, tails, ties, frills, lapels, cuffs, or other loose clothing shall not be worn around machinery in which it might become entangled.

(c) Clothing saturated or impregnated with flammable liquids, corrosive substances, irritants, or oxidizing agents shall be promptly removed, and shall not be worn until cleaned.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

§1523. Illumination.

Note • History

(a) Construction areas, ramps, corridors, offices, shops and storage areas, etc., shall be lighted to not less than the minimum illumination intensities in the following Table while work is in progress.

Minimum Illumination Intensities In Foot-Candles

Embedded Graphic 08.0150

Note: For areas or operations not covered above, refer to the recommended illumination values contained in the Illuminating Engineering Society (IES) of North America, Committee on Industrial Lighting, American National Standard, (ANSI/IES) Practice for Industrial Lighting, Publication RP-7-1991.

(b) Nighttime highway construction work lighting shall be provided within the work zone to illuminate the task(s) in a manner that will minimize glare to work crews and not interfere with the vision of oncoming motorists (e.g. providing screens, mounting lamps below the top edge of the barrier wall, varying the beam angle, etc.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

4. New NOTE filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

5. Redesignation and amendment of existing section as subsection (a) and new subsection (b) filed 7-13-2004; operative 8-12-2004 (Register 2004, No. 29).

§1524. Water Supply.

Note • History

(a) Potable Water.

(1) An adequate supply of potable water shall be provided in all places of employment.

Note: Additional requirements for the provision of drinking water in outdoor places of employment are contained in Section 3395.

(2) The employer shall take one or more of the following steps to ensure every employee has access to drinking water:

(A) Provide drinking fountains.

(B) Supply single-service cups. Where single-service cups are supplied, a sanitary container for the unused cups and a receptacle for disposing of the used cups shall be provided.

(C) Supply sealed one-time use water containers. Where sealed one-time use water containers are supplied, a receptacle for disposing of the used containers shall be provided.

(D) Ensure re-usable, closable containers are available for individual employee use. Where re-usable containers for individual use are relied upon for compliance with this section, the employer shall ensure the containers are marked to identify the user and maintained in a sanitary condition.

(3) Portable containers used to dispense drinking water to more than one person shall be equipped with a faucet or drinking fountain. Drinking water containers shall be capable of being tightly closed and shall be otherwise designed, constructed and serviced so that sanitary conditions are maintained. Water shall not be dipped from containers.

(4) Any container used to store or dispense drinking water shall be clearly marked as to the nature of its contents and shall not be used for any other purpose.

(5) Re-usable containers for individual use and drinking cups shall not be shared or used in common.

Exception: Re-usable containers for individual use and drinking cups which are safely and effectively cleaned and sanitized between use by different users.

(b) Nonpotable Water.

(1) Nonpotable water shall not be used for the purposes of drinking, washing, or food preparation.

(2) Outlets for nonpotable water, such as water for industrial or firefighting purposes, shall be posted in a manner understandable to all employees to indicate that the water is unsafe and is not to be used for drinking, washing or cooking purposes.

(3) Nonpotable water systems or systems carrying any other nonpotable substance shall be maintained so as to prevent backflow or backsiphonage into a potable water system.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

3. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

4. Amendment filed 7-30-2008; operative 8-29-2008 (Register 2008, No. 31).

§1525. Glass.

Note • History

(a) Employees shall be protected against the hazard of walking through glass by barriers or by conspicuous durable markings.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

3. New NOTE filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

§1526. Toilets at Construction Jobsites.

Note • History

(a) A minimum of one separate toilet facility shall be provided for each 20 employees or fraction thereof of each sex. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities.

EXCEPTION: Where there are less than 5 employees, separate toilet facilities for each sex are not required provided the toilet facilities can be locked from the inside and contain at least one toilet.

(b) Under temporary field conditions, not less than one toilet shall be available.

(c) Where the provision of water closets is not feasible due to the absence of a sanitary sewer or the lack of an adequate water supply, nonwater carriage disposal facilities shall be provided. Unless prohibited by applicable local regulations, these facilities may include privies (where their use will not contaminate either surface or underground waters), chemical toilets, recirculating toilets, or combustion toilets.

(d) Toilet facilities shall be kept clean, maintained in good working order, designed and maintained in a manner which will assure privacy and provided with an adequate supply of toilet paper.

(e) The requirements of this section shall not apply to mobile crews having readily available transportation to nearby toilet facilities.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

3. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

4. Amendment of subsection (d) filed 1-26-94; operative 2-25-94 (Register 94, No. 4).

§1527. Washing Facilities, Food Handling, and Temporary Sleeping Quarters.

Note • History

(a) Washing Facilities.

(1) General. Washing facilities shall be provided as follows: A minimum of one washing station shall be provided for each twenty employees or fraction thereof. Washing stations provided to comply with this requirement shall at all times:

(A) Be maintained in a clean and sanitary condition;

(B) Have an adequate supply of water for effective washing;

(D) Have a readily available supply of single-use towels or a warm-air blower;

(E) Be located and arranged so that any time a toilet is used, the user can readily wash; and

(F) When provided in association with a nonwater carriage toilet facility in accordance with Section 1526(c),

1. Provide a sign or equivalent method of notice indicating that the water is intended for washing; and

2. Be located outside of the toilet facility and not attached to it.

Exception to subsection (a)(1)(F)(2.): Where there are less than 5 employees, and only one toilet facility is provided, the required washing facility may be located inside of the toilet facility.

Exception to subsection (a)(1): Mobile crews having readily available transportation to a nearby toilet and washing facility.

(2) Washing facilities for hazardous substances. Where employees are engaging in the application of paints or coatings, or in other operations involving substances which may be harmful to the employees, washing facilities shall be provided in near proximity to the worksite and shall be so equipped as to enable employees to remove such substances. Facilities provided to comply with this requirement shall at all times:

(A) Be maintained in a clean and sanitary condition;

(B) Have an adequate supply of water sufficient for effective removal of the hazardous substance from skin surfaces; and

(C) Have a readily available supply of soap, and where necessary to effect removal, special cleansing compounds designed specifically for removal of the hazardous substance from skin surfaces; and

(D) Have a readily available supply of single use towels or a warm-air blower.

(3) Showers. When showering is required by the employer or these orders, the shower shall meet the requirements of Section 3366(f).

(b) Food Handling. All food service facilities and operations shall meet the applicable laws, ordinances, and regulations of the jurisdictions in which they are located

(c) Temporary Sleeping Quarters. When temporary sleeping quarters are provided, they shall be heated, ventilated, and lighted and shall meet the applicable laws, ordinances and regulations of the jurisdictions in which they are located.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

2. Repealer and new section filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).

3. Amendment filed 1-6-2003; operative 2-5-2003 (Register 2003, No. 2).

Article 4. Dusts, Fumes, Mists, Vapors, and Gases

§1528. General.

Note • History

(a) Whenever an oxygen deficient atmosphere or harmful dusts, fumes, mists, vapors, or gases exist or are produced in the course of employment in quantities giving rise to harmful exposure of employees, such hazards shall be controlled by removing the employees from exposure to the hazard, by limiting the daily exposure of employees to the hazard, or by application of engineering controls. Whenever such controls are not practicable or fail to achieve full compliance, respiratory protective equipment shall be provided as prescribed in Section 1531.

(b) Employees exposed to hazardous substances shall be protected as required by Group 16 of the General Industry Safety Orders.

(c) When ventilation is used as an engineering control method, the system shall be installed and operated according to the requirements of this Article.

(d) The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration or repair is prohibited.

EXCEPTIONS:
1. Exterior and interior coatings and laminating resins containing encapsulated asbestos fibers bound within the finished product from manufacture through application.
2. Cold process asphalt roof coatings.
3. Substances containing less than one-quarter of 1 percent asbestos solely as a result of naturally occurring impurities in the substance or its components.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 25910, Health and Safety Code; and Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 1530 and amendment filed 6-18-75; effective thirtieth day thereafter (Register 75, No. 25).

2. New subsection (c) filed 11-1-77 as an emergency; effective upon filing (Register 77, No. 45).

3. Certificate of Compliance filed 1-17-78 (Register 78, No. 3).

4. Repealer and new subsection (c) filed 5-2-79 as an emergency; effective upon filing. Certificate of Compliance included (Register 79, No. 17).

5. Amendment of subsections (a) and (b) filed 9-6-79 as an emergency; effective upon filing (Register 79, No. 36). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 1-4-80.

6. Reinstatement of subsections (a) and (b) as existed prior to emergency amendment filed 9-6-79 by operation of Section 11422.1, Government Code (Register 80, No. 3).

7. Amendment of subsection (a) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

8. Amendment filed 12-13-84; effective thirtieth day thereafter (Register 84, No. 50).

§1529. Asbestos.

Note • History

(a) Scope and application.

(1) This section regulates asbestos exposure in all construction work as defined in Section 1502 including but not limited to the following:

(A) Demolition or salvage of structures where asbestos is present;

(B) Removal or encapsulation of materials containing asbestos;

(C) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain asbestos;

(D) Installation of products containing asbestos;

(E) Asbestos spill/emergency cleanup;

(F) Transportation, disposal, storage, containment of and housekeeping activities involving asbestos or products containing asbestos, on the site or location at which construction activities are performed;

(G) Excavation which may involve exposure to asbestos as a natural constituent which is not related to asbestos mining and milling activities;

(H) Routine facility maintenance; and

(I) Erection of new electric transmission and distribution lines and equipment, and alteration, conversion and improvement of the existing transmission and distribution lines and equipment.

(2) Whenever employee exposures to asbestos, as defined in subsection (b) of this section consist only of exposure to tremolite, anthophyllite, and actinolite in the nonasbestiform mineral habit, the provisions of Section 5208.1 shall apply.

(3) The provisions of this section are subject to the requirements of the Occupational Carcinogen Control Act of 1976 (Labor Code, Division 5, Part 10).

(4) Coverage under this Section shall be based on the nature of the work operation involving asbestos exposure.

(b) Definitions.

“Aggressive-method” means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.

“Amended water” means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.

“Asbestos” includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this standard, “asbestos” includes PACM, as defined below.

“Asbestos-containing material (ACM)”, means any material containing more than one percent asbestos.

“Assistant Secretary” means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.

“Authorized person” means any person authorized by the employer and required by work duties to be present in regulated areas.

“Building/facility owner” is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building and/or facility in which activities covered by this standard take place.

“Certified Industrial Hygienist (CIH)” means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.

“Chief” means the Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142.

“Class I asbestos work” means activities involving the removal of TSI and surfacing ACM and PACM.

“Class II asbestos work” means activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.

“Class III asbestos work” means repair and maintenance operations, where “ACM”, including TSI and surfacing ACM and PACM, is likely to be disturbed.

“Class IV asbestos work” means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.

“Clean room” means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.

“Closely resemble” means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace.

“Competent person” means, in addition to one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them, one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them: in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2). Note: For operations involving more than 100 square feet of asbestos containing construction material as defined in subsection (r) of this section the competent person may fulfill the requirement contained in Section 341.9 to specify a certified supervisor for asbestos related work.

“Critical barrier” means one or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.

“Decontamination area” means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.

“Demolition” means the wrecking or taking out of any load- supporting structural member and any related razing, removing, or stripping of asbestos products.

“Director” means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.

“Disturbance” means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM, no greater than the amount which can be contained in one standard sized glove bag or waste bag in order to access a building component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glove bag or waste bag which shall not exceed 60 inches in length and width.

“Employee exposure” means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.

“Equipment room (change room)” means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.

“Fiber” means a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.

“Glovebag” means an impervious plastic bag-like enclosure affixed around not more than a 60 x 60 inch asbestos-containing material, with glove-like appendages through which material and tools may be handled.

“High-efficiency particulate air (HEPA) filter” means a filter capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles of 0.3 micrometers in diameter.

“Homogeneous area” means an area of surfacing material or thermal system insulation that is uniform in color and texture.

“Industrial hygienist” means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.

“Intact” means that the ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.

“Modification” for purposes of subsection (g)(6), means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system. Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a “modification” for purposes of subsection (g)(6) of this section.

“Negative Initial Exposure Assessment” means a demonstration by the employer, which complies with the criteria in subsection (f)(2)(C) of this section, that employee exposure during an operation is expected to be consistently below the PELs.

“PACM” means “presumed asbestos-containing material”.

“Presumed Asbestos Containing Material” means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as “PACM” may be rebutted pursuant to subsection (k)(5) of this section.

“Project Designer” means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. Sec. 763.90(g).

“Regulated area” means: an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or there is a reasonable possibility they may exceed the permissible exposure limit. Requirements for regulated areas are set out in subsection (e) of this section.

“Removal” means all operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.

“Renovation” means the modifying of any existing structure, or portion thereof.

“Repair” means overhauling, rebuilding, reconstructing, or reconditioning of structures or substrates, including encapsulation or other repair of ACM or PACM attached to structures or substrates.

“Surfacing material” means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).

“Surfacing ACM” means surfacing material which contains more than 1% asbestos.

“Thermal system insulation (TSI)” means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.

“Thermal system insulation ACM” is thermal system insulation which contains more than 1% asbestos.

(1) Time-weighted average limit (TWA). The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8) hour time-weighted average (TWA), as determined by the method prescribed in Appendix A to this section, or by an equivalent method.

(2) Excursion limit. The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes, as determined by the method prescribed in Appendix A to this section, or by an equivalent method.

(d) Multi-employer worksites.

(1) On multi-employer worksites, an employer performing work requiring the establishment of a regulated area shall inform other employers on the site of the nature of the employer's work with asbestos and/or PACM, of the existence of and requirements pertaining to regulated areas, and the measures taken to ensure that employees of such other employers are not exposed to asbestos.

(2) Asbestos hazards at a multi-employer work site shall be abated by the contractor who created or controls the source of asbestos contamination. For example, if there is a significant breach of an enclosure containing Class I work, the employer responsible for erecting the enclosure shall repair the breach immediately.

(3) In addition, all employers of employees exposed to asbestos hazards shall comply with applicable protective provisions to protect their employees. For example, if employees working immediately adjacent to a Class I asbestos job are exposed to asbestos due to the inadequate containment of such job, their employer shall either remove the employees from the area until the enclosure breach is repaired; or perform an initial exposure assessment pursuant to subsection (f) of this section.

(4) All employers of employees working adjacent to regulated areas established by another employer on a multi-employer work-site, shall take steps on a daily basis to ascertain the integrity of the enclosure and/or the effectiveness of the control method relied on by the primary asbestos contractor to assure that asbestos fibers do not migrate to such adjacent areas.

(5) All general contractors on a construction project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos “competent person” as defined by subsection (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary.

(e) Regulated areas.

(1) All Class I, II and III asbestos work shall be conducted within regulated areas. All other operations covered by this standard shall be conducted within a regulated area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed a PEL. Regulated areas shall comply with the requirements of subsections (2), (3), (4), and (5) of this subsection.

(2) Demarcation. The regulated area shall be demarcated in any manner that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne asbestos. Where critical barriers or negative pressure enclosures are used, they may demarcate the regulated area. Signs shall be provided and displayed pursuant to the requirements of subsection (k)(7) of this section.

(3) Access. Access to regulated areas shall be limited to authorized persons and to persons authorized by the Chief or Director.

(4) Respirators. All persons entering a regulated area where employees are required pursuant to subsection (h)(1) of this section to wear respirators shall be supplied with a respirator selected in accordance with subsection (h)(2) of this section.

(5) Prohibited activities. The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated area.

(6) Competent Persons. The employer shall ensure that all asbestos work performed within regulated areas is supervised by a competent person, as defined in subsection (b) of this section. The duties of the competent person are set out in subsection (o) of this section.

(f) Exposure assessments and monitoring.

(1) General monitoring criteria.

(A) Each employer who has a workplace or work operation where exposure monitoring is required under this section shall perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.

(B) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee.

(C) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for employees in each work area. Representative 30-minute short-term employee exposures shall be determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limit for employees in each work area.

(2) Initial Exposure Assessment.

(A) Each employer who has a workplace or work operation covered by this standard shall ensure that a “competent person” conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a “negative exposure assessment,” and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.

(B) Basis of Initial Exposure Assessment: Unless a negative exposure assessment has been made pursuant to subsection (f)(2)(C) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to subsection (f)(1)(C) of this section. The assessment shall take into consideration both the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job. For Class I asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, the employer shall presume that employees are exposed in excess of the TWA and excursion limit.

(C) Negative Exposure Assessment: For any one specific asbestos job which will be performed by employees who have been trained in compliance with the standard, the employer may demonstrate that employee exposures will be below the PELs by data which conform to the following criteria;

1. Objective data demonstrating that the product or material containing asbestos minerals or the activity involving such product or material cannot release airborne fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for releasing asbestos; or

2. Where the employer has monitored prior asbestos jobs for the PEL and the excursion limit within 12 months of the current or projected job, the monitoring and analysis were performed in compliance with the asbestos standard in effect; and the data were obtained during work operations conducted under workplace conditions “closely resembling” the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the operations were conducted by employees whose training and experience are no more extensive than that of employees performing the current job, and these data show that under the conditions prevailing and which will prevail in the current workplace there is a high degree of certainty that employee exposures will not exceed the TWA and excursion limit; or

3. The results of initial exposure monitoring of the current job made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee covering operations which are most likely during the performance of the entire asbestos job to result in exposures over the PELs.

(3) Periodic monitoring.

(A) Class I and II operations. The employer shall conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area who is performing Class I or II work, unless the employer pursuant to subsection (f)(2)(C) of this section, has made a negative exposure assessment for the entire operation.

(B) All operations under the standard other than Class I and II operations. The employer shall conduct periodic monitoring of all work where exposures are expected to exceed a PEL, at intervals sufficient to document the validity of the exposure prediction.

(C) Exception: When all employees required to be monitored daily are equipped with supplied-air respirators operated in the pressure demand mode, or other positive pressure mode respirator, the employer may dispense with the daily monitoring required by this subsection. However, employees performing class I work using a control method which is not listed in subsection (g)(4)(A), (B), or (C) of this section or using a modification of a listed control method, shall continue to be monitored daily even if they are equipped with supplied-air respirators.

(4) Termination of monitoring. (A) If the periodic monitoring required by subsection (f)(3) of this section reveals that employee exposures, as indicated by statistically reliable measurements, are below the permissible exposure limit and excursion limit the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(B) Additional monitoring. Notwithstanding the provisions of subsections (f)(2), (f)(3), and (f)(4) of this section, the employer shall institute the exposure monitoring required under subsection (f)(3) of this section whenever there has been a change in process, control equipment, personnel or work practices that may result in new or additional exposures above the permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the permissible exposure limit and/or excursion limit. Such additional monitoring is required regardless of whether a “negative exposure assessment” was previously produced for a specific job.

(5) Employee Notification of Monitoring Results.

(A) As soon as possible but not later than 5 working days following receipt of monitoring results required by this section, the employer shall notify affected employees of the monitoring results.

(B) The employer shall notify affected employees of the results of monitoring representing the employee's exposure in writing either individually or by posting at a centrally located place that is accessible to affected employees.

(C) The written notification required by subsection (f)(5)(A) of this section shall include the corrective action being taken by the employer to reduce employee exposure to or below the PEL and/or excursion limit wherever monitoring results have indicated that the PEL and/or excursion limit has been exceeded.

(6) Observation of monitoring.

(A) The employer shall provide affected employees and their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with this section.

(B) When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer shall be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.

(g) Methods of compliance

(1) Engineering controls and work practices for all operations covered by this section. The employer shall use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:

(A) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in subsection (g)(8)(B) of this section in the case of roofing material.

(B) Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in subsection (g)(8)(B) of this section; and

(C) Prompt clean-up and disposal of wastes and debris contaminated with asbestos in leak-tight containers except in roofing operations, where the procedures specified in subsection (g)(8)(B) of this section apply.

(2) In addition to the requirements of subsection (g)(1) of this section, the employer shall use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by subsection (c) of this section;

(A) Local exhaust ventilation equipped with HEPA filter dust collection systems;

(B) Enclosure or isolation of processes producing asbestos dust;

(C) Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;

(D) Use of other work practices and engineering controls that the Assistant Secretary can show to be feasible.

(E) Wherever the feasible engineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in subsection (c) of this section, the employer shall use them to reduce employee exposure to the lowest levels attainable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (h) of this section.

(3) Prohibitions. The following work practices and engineering controls shall not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:

(A) High-speed abrasive disc saws that are not equipped with point of cut ventilator or enclosures with HEPA filtered exhaust air.

(B) Compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air.

(D) Employee rotation as a means of reducing employee exposure to asbestos.

(4) Class I Requirements. In addition to the provisions of subsections (g)(1) and (2) of this section, the following engineering controls and work practices and procedures shall be used.

(A) All Class I work, including the installation and operation of the control system shall be supervised by a competent person as defined in subsection (b) of this section;

(B) For all Class I jobs involving the removal of more than 25 linear or 10 square feet of thermal system insulation or surfacing material; for all other Class I jobs, where the employer cannot produce a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, or where employees are working in areas adjacent to the regulated area, while the Class I work is or being performed, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:

1. Critical barriers shall be placed over all the openings to the regulated area, except where activities are performed outdoors; or

2. The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 CFR Part 763, Subpart E, of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began. The results of such monitoring shall be made known to the employer no later than 24 hours from the end of the work shift represented by such monitoring.

Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, this subsection (g)(4)(B) is satisfied when the specific control methods in subsection (g)(5) of this section are used.

(C) For all Class I jobs, HVAC systems shall be isolated in the regulated area by sealing with a double layer of 6 mil plastic or the equivalent; (D) For all Class I jobs, impermeable dropcloths shall be placed on surfaces beneath all removal activity;

(E) For all Class I jobs, all objects within the regulated area shall be covered with impermeable dropcloths or plastic sheeting which is secured by duct tape or an equivalent.

(F) For all Class I jobs where the employer cannot produce a negative exposure assessment, or where exposure monitoring shows that a PEL is exceeded, the employer shall ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device.

(5) Specific control methods for Class I work. In addition, Class I asbestos work shall be performed using one or more of the following control methods pursuant to the limitations stated below:

(A) Negative Pressure Enclosure (NPE) systems: NPE systems may be used where the configuration of the work area does not make the erection of the enclosure infeasible, with the following specifications and work practices.

1. Specifications:

a. The negative pressure enclosure (NPE) may be of any configuration,

b. At least 4 air changes per hour shall be maintained in the NPE,

c. A minimum of -0.02 column inches of water pressure differential, relative to outside pressure, shall be maintained within the NPE as evidenced by manometric measurements,

d. The NPE shall be kept under negative pressure throughout the period of its use, and

e. Air movement shall be directed away from employees performing asbestos work within the enclosure, and toward a HEPA filtration or a collection device.

2. Work Practices:

a. Before beginning work within the enclosure and at the beginning of each shift, the NPE shall be inspected for breaches and smoke- tested for leaks, and any leaks sealed.

b. Electrical circuits in the enclosure shall be deactivated, unless equipped with ground-fault circuit interrupters.

(B) Glove bag systems my be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices:

1. Specifications:

a. Glovebags shall he made of 6 mil thick plastic and shall be seamless at the bottom.

b. Glovebags used on elbows and other connections must be designed for that purpose and used without modifications.

2. Work Practices:

a. Each glovebag shall be installed so that it completely covers the circumference of pipe or other structure where the work is to be done.

b. Glovebags shall be smoke-tested for leaks and any leaks sealed prior to use.

c. Glovebags may be used only once and may not be moved.

d. Glovebags shall not be used on surfaces whose temperature exceeds 150oF.

e. Prior to disposal, glovebags shall be collapsed by removing air within them using a HEPA vacuum.

f. Before beginning the operation, loose and friable material adjacent to the glovebag/box operation shall be wrapped and sealed in two layers of six mil plastic or otherwise rendered intact,

g. Where system uses attached waste bag, such bag shall be connected to collection bag using hose or other material which shall withstand pressure of ACM waste and water without losing its integrity:

h. Sliding valve or other device shall separate waste bag from hose to ensure no exposure when waste bag is disconnected:

i. At least two persons shall perform Class I glovebag removal operations.

(C) Negative Pressure Glove Bag Systems. Negative pressure glove bag systems may be used to remove ACM or PACM from piping.

1. Specifications: In addition to specifications for glove bag systems above, negative pressure glove bag systems shall attach HEPA vacuum systems or other devices to bag to prevent collapse during removal.

2. Work Practices:

a. The employer shall comply with the work practices for glove bag systems in subsection (g)(5)(B)2.d. of this section.

b. The HEPA vacuum cleaner or other device used to prevent collapse of bag during removal shall run continually during the operation until it is completed at which time the bag shall be collapsed prior to removal of the bag from the pipe.

c. Where a separate waste bag is used along with a collection bag and discarded after one use, the collection bag my be reused if rinsed clean with amended water before reuse.

(D) Negative Pressure Glove Box Systems: Negative pressure glove boxes may be used to remove ACM or PACM from pipe runs with the following specifications and work practices.

1. Specifications:

a. Glove boxes shall be constructed with rigid sides and made from metal or other material which can withstand the weight of the ACM and PACM and water used during removal:

b. A negative pressure generator shall be used to create negative pressure in the system:

c. An air filtration unit shall be attached to the box:

d. The box shall be fitted with gloved apertures:

e. An aperture at the base of the box shall serve as a bagging outlet for waste ACM and water:

f. A back-up generator shall be present on site:

g. Waste bags shall consist of 6 mil thick plastic double-bagged before they are filled or plastic thicker than 6 mil.

2. Work practices:

a. At least two persons shall perform the removal:

b. The box shall be smoke-tested for leaks and any leaks sealed prior to each use.

c. Loose or damaged ACM adjacent to the box shall be wrapped and sealed in two layers of 6 mil plastic prior to the job, or otherwise made intact prior to the job.

d. A HEPA filtration system shall be used to maintain pressure barrier in box.

(E) Water Spray Process System. A water spray process system may be used for removal of ACM and PACM from cold line piping if, employees carrying out such process have completed a 40-hour separate training course in its use, in addition to training required for employees performing Class I work. The system shall meet the following specifications and shall be performed by employees using the following work practices.

1. Specifications:

a. Piping shall be surrounded on 3 sides by rigid framing,

b. A 360 degree water spray, delivered through nozzles supplied by a high pressure separate water line, shall be formed around the piping.

c. The spray shall collide to form a fine aerosol which provides a liquid barrier between workers and the ACM and PACM.

2. Work Practices:

a. The system shall be run for at least 10 minutes before removal begins.

b. All removal shall take place within the water barrier.

c. The system shall be operated by at least three persons, one of whom shall not perform removal, but shall check equipment, and ensure proper operation of the system.

d. After removal, the ACM and PACM shall be bagged while still inside the water barrier.

(F) A small walk-in enclosure which accommodates no more than two persons (mini-enclosure) may be used if the disturbance or removal can be completely contained by the enclosure with the following specifications and work practices.

1. Specifications:

a. The fabricated or job-made enclosure shall be constructed of 6 mil plastic or equivalent:

b. The enclosure shall be placed under negative pressure by means of a HEPA filtered vacuum or similar ventilation unit:

2. Work practices:

a. Before use, the mini-enclosure shall be inspected for leaks and smoke tested to detect breaches, and any breaches sealed.

b. Before reuse, the interior shall be completely washed with amended water and HEPA-vacuumed.

c. During use, air movement shall be directed away from the employee's breathing zone within the mini-enclosure.

(6) Alternative control methods for Class I work. Class I work may be performed using a control method which is not referenced in subsection (g)(5) of this section, or which modifies a control method referenced in subsection (g)(5) of this section, if the following provisions are complied with:

(A) The control method shall enclose, contain or isolate the processes or source of airborne asbestos dust, or otherwise capture or redirect such dust before it enters the breathing zone of employees.

(B) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in subsection (b) of this section, shall evaluate the work area, the projected work practices and the engineering controls and shall certify in writing that the planned control method is adequate to reduce direct and indirect employee exposure to below the PELs under worst-case conditions of use, and that the planned control method will prevent asbestos contamination outside the regulated area, as measured by clearance sampling which meets the requirements of EPA's Asbestos in Schools rule issued under AHERA, or perimeter monitoring which meets the criteria in subsection (g)(4)(B)2. of this section.

1. Where the TSI or surfacing material to be removed is 25 linear or 10 square feet or less, the evaluation required in subsection (g)(6) of this section may be performed by a “competent person”, and may omit consideration of perimeter or clearance monitoring otherwise required.

2. The evaluation of employee exposure required in subsection (g)(6) of this section, shall include and be based on sampling and analytical data representing employee exposure during the use of such method under worst-case conditions and by employees whose training and experience are equivalent to employees who are to perform the current job.

(7) Work Practices and Engineering Controls for Class II work.

(A) All Class II work, shall be supervised by a competent person as defined in subsection (b) of this section.

(B) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area;

1. Critical barriers shall be placed over all openings to the regulated area; or,

2. The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area monitoring or clearance monitoring which meets the criteria set out in subsection (g)(4)(B)2. of this section.

(D) All Class II asbestos work shall be performed using the work practices and requirements set out above in subsection (g)(1)(A) through (C) of this section.

(8) Additional Controls for Class II work. Class II asbestos work shall also be performed by complying with the work practices and controls designated for each type of asbestos work to be performed, set out in this subsection. Where more than one control method may be used for a type of asbestos work, the employer may choose one or a combination of designated control methods. Class II work also may be performed using a method allowed for Class I work, except that glove bags and glove boxes are allowed if they fully enclose the Class II material to be removed.

(A) For removing vinyl and asphalt flooring materials which contain ACM or for which, in buildings constructed no later than 1980, the employer has not verified the absence of ACM pursuant to subsection (g)(8)(A)9. of this section. The employer shall ensure that employees comply with the following work practices and that employees are trained in these practices pursuant to subsection (k)(9) of this section:

1. Flooring or its backing shall not be sanded.

2. Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) shall be used to clean floors.

3. Resilient sheeting shall be removed by cutting with wetting of the snip point and wetting during delamination. Rip-up of resilient sheet floor material is prohibited.

4. All scraping of residual adhesive and/or backing shall be performed using wet methods.

5. Dry sweeping is prohibited.

6. Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of subsection (g)(5)(A) of this section.

7. Tiles shall be removed intact, unless the employer demonstrates that intact removal is not possible.

8. When tiles are heated and can be removed intact, wetting may be omitted.

9. Resilient flooring material including associated mastic and backing shall be assumed to be asbestos-containing unless an industrial hygienist determines that it is asbestos-free using recognized analytical techniques.

(B) For removing roofing material which contains ACM the employer shall ensure that the following work practices are followed:

1. Roofing material shall be removed in an intact state to the extent feasible.

2. Wet methods shall be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards.

3. Cutting machines shall be continuously misted during use, unless a competent person determines that misting substantially decreases worker safety.

4. When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation shall be collected by a HEPA dust collector, or shall be HEPA vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation shall be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line. The dust and debris shall be immediately bagged or placed in covered containers.

5. Asbestos-containing material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall he lowered to the ground via covered, dust-tight chute, crane or hoist:

a. Any ACM that is not intact shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. While the material remains on the roof it shall either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting.

b. Intact ACM shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift.

6. Upon being lowered, unwrapped material shall be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust.

7. Roof level heating and ventilation air intake sources shall be isolated or the ventilation system shall he shut down.

8. Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material nonintact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than 25 square feet, the employer shall include all removal and repair work performed on the same roof on the same day.

(C) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where subsection (g)(8)(B) of this section applies) the employer shall ensure that the following work practices are followed:

1. Cutting, abrading or breaking siding, shingles, or transite panels, shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used.

2. Each panel or shingle shall be sprayed with amended water prior to removal.

3. Unwrapped or unbagged panels or shingles shall be immediately lowered to the ground via covered dust-tight chute, crane or hoist, or placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift.

4. Nails shall be cut with flat, sharp instruments.

(D) When removing gaskets containing ACM, the employer shall ensure that the following work practices are followed:

1. If a gasket is visibly deteriorated and unlikely to be removed intact, removal shall be undertaken within a glovebag as described in subsection (g)(5)(B) of this section.

2. The gasket shall be immediately placed in a disposal container.

3. Any scraping to remove residue must be performed wet.

(E) When performing any other Class II removal of asbestos containing material for which specific controls have not been listed in subsections (g)(8)(A) through (D) of this section, the employer shall ensure that the following work practices are complied with.

1. The material shall be thoroughly wetted with amended water prior to and during its removal.

2. The material shall be removed in an intact state unless the employer demonstrates that intact removal is not possible.

3. Cutting, abrading or breaking the material shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible.

4. Asbestos-containing material removed, shall be immediately bagged or wrapped, or kept wetted until transferred to a closed receptacle, no later than the end of the work shift.

(F) Alternative Work Practices and Controls. Instead of the work practices and controls listed in subsection (g)(8)(A) through (E) of this section, the employer may use different or modified engineering and work practice controls if the following provisions are complied with.

1. The employer shall demonstrate by data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used, that employee exposure will not exceed the PELs under any anticipated circumstances.

2. A competent person shall evaluate the work area, the projected work practices and the engineering controls, and shall certify in writing, that the different or modified controls are adequate to reduce direct and indirect employee exposure to below the PELs under all expected conditions of use and that the method meets the requirements of this standard. The evaluation shall include and be based on data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used for the current job, and by employees whose training and experience are equivalent to employees who are to perform the current job.

(9) Work Practices and Engineering Controls for Class III asbestos work. Class III asbestos work shall be conducted using engineering and work practice controls which minimize the exposure to employees performing the asbestos work and to bystander employees.

(A) The work shall be performed using wet methods.

(B) To the extent feasible, the work shall be performed using local exhaust ventilation.

(C) Where the disturbance involves drilling, cutting, abrading, sanding, chipping, breaking, or sawing of thermal system insulation or surfacing material, the employer shall use impermeable dropcloths, and shall isolate the operation using mini-enclosures or glove bag systems pursuant to subsection (g)(5) of this section or another isolation method.

(D) Where the employer does not produce a “negative exposure assessment” for a job, or where monitoring results show the PEL has been exceeded, the employer shall contain the area using impermeable dropcloths and plastic barriers or their equivalent, or shall isolate the operation using a control system listed in and in compliance with subsection (g)(5) of this section.

(E) Employees performing Class III jobs, which involve the disturbance of thermal system insulation or surfacing material, or where the employer does not produce a “negative exposure assessment” or where monitoring results show a PEL has been exceeded, shall wear respirators which are selected, used and fitted pursuant to provisions of subsection (h) of this section.

(10) Class IV asbestos work. Class IV asbestos jobs shall be conducted by employees trained pursuant to the asbestos awareness training program set out in subsection (k)(9) of this section. In addition, all Class IV jobs shall be conducted in conformity with the requirements set out in subsection (g)(1) of this section, mandating wet methods, HEPA vacuums, and prompt clean up of debris containing ACM or PACM.

(A) Employees cleaning up debris and waste in a regulated area where respirators are required shall wear respirators which are selected, used and fitted pursuant to provisions of subsection (h) of this section.

(B) Employers of employees who clean up waste and debris in, and employers in control of, areas where friable thermal system insulation or surfacing material is accessible, shall assume that such waste and debris contain asbestos.

(11) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing and pipeline coating materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this subsection (g)(11) when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof cements, mastics, coatings, or flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section. If an employer does not comply with all provisions of this subsection (g)(11), or if during the course of the job the material does not remain intact, the provisions of subsection (g)(8) of this section apply instead of this subsection (g)(11).

(A) Before work begins and as needed during the job, a competent person who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite and determine that the roofing material is intact and will likely remain intact.

(B) All employees performing work covered by this subsection (g)(11) shall be trained in a training program that meets the requirements of subsection (k)(9)(H).

(C) The material shall not be sanded, abraded, or ground. Manual methods which do not render the material non-intact shall be used.

(D) Material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist. All such material shall be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift.

(E) Where roofing products which have been labeled as containing asbestos pursuant to subsection (k)(8) of this section are installed on non-residential roofs during operations covered by this subsection (g)(11), the employer shall notify the building owner of the presence and location of such materials no later than the end of the job.

(F) All removal or disturbance of pipeline asphaltic wrap shall be performed using wet methods.

(h) Respiratory protection.

(1) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

(A) Class I asbestos work.

(B) Class II asbestos work where the ACM is not removed in a substantially intact state,

(C) Class II and III asbestos work which is not performed using wet methods, except for removal of ACM from sloped roofs when a negative exposure assessment has been made and the ACM is removed in an intact state.

(D) Class II and III asbestos work for which a “negative exposure assessment” has not been conducted.

(E) Class III asbestos work when TSI or surfacing ACM or PACM is being disturbed.

(F) Class IV asbestos work performed within regulated areas where employees performing other work are required to use respirators.

(G) Work operations covered by this section where employees are exposed above the TWA or excursion limit.

(H) Emergencies.

(2) Respirator program.

(A) The employer must implement a respiratory protection program in accordance with section 5144(b) through (d) (except (d)(1)(C)), and (f) through (m).

(B) No employee shall be assigned to asbestos work that requires respirator use if, based on their most recent medical examination, the examining physician determines that the employee will be unable to function normally while using a respirator, or that the safety or health of the employee or other employees will be impaired by the employee's respirator use. Such employees must be assigned to another job or given the opportunity to transfer to a different position that they can perform. If such a transfer position is available, it must be with the same employer, in the same geographic area, and with the same seniority, status, rate of pay, and other job benefits the employee had just prior to such transfer.

(3) Respirator selection.

(A) The employer shall select, and provide to employees, the appropriate respirators as specified in Section 5144(d)(3)(A)1; however, employers shall not select or use filtering facepiece respirators for use against asbestos fibers.

(B) The employer shall provide HEPA filters for powered and non-powered air-purifying respirators.

(C) The employer shall provide a tight fitting powered, air- purifying respirator in lieu of any negative-pressure respirator selected according to subsection (h)(3)(A) whenever:

1. An employee chooses to use this type of respirator; and

2. This respirator will provide adequate protection to the employee.

(D) The employer shall provide a half-mask air purifying respirator, other than a filtering facepiece respirator, equipped with high efficiency filters whenever the employee performs:

1. Class II and III asbestos work and a negative exposure assessment has not been conducted by the employer;

2. Class III jobs where TSI or surfacing ACM or PACM is being disturbed.

(E) In addition to the above selection criteria, when employees are in a regulated area where Class I work is being performed, a negative exposure assessment of the area has not been produced, and the exposure assessment of the area indicates the exposure level will exceed 1 f/cc as an 8-hour time weighted average, employers must provide the employees with a full facepiece supplied-air respirator operated in the pressure-demand mode and equipped with an auxiliary positive pressure self-contained breathing apparatus. When the exposure assessment of the area indicates the exposure level will not exceed 1 f/cc as an 8-hour time weighted average, employers must provide the employees with one of the following respirators:

1. A tight-fitting powered air-purifying respirator equipped with high efficiency filters;

2. A full facepiece supplied air-respirator operated in the pressure-demand mode equipped with HEPA egress cartridges or an auxiliary positive-pressure, self-contained breathing apparatus (SCBA); or

3. A full facepiece supplied-air respirator operated in the pressure demand mode equipped with an auxiliary positive pressure self-contained breathing apparatus.

(i) Protective clothing.

(1) General. The employer shall provide or require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of asbestos that exceed the TWA and/or excursion limit prescribed in subsection (c) of this section, or for which a required negative exposure assessment is not produced, and for any employee performing Class I operations which involve the removal of over 25 linear or 10 square feet of TSI or surfacing ACM and PACM. The employer shall prohibit the removal of asbestos from protective clothing and equipment by blowing, shaking, or brushing.

(2) Laundering.

(A) The employer shall ensure that laundering of contaminated clothing is done so as to prevent the release of airborne asbestos in excess of the TWA or excursion limit prescribed in subsection (c) of this section.

(B) Any employer who gives contaminated clothing to another person for laundering shall inform such person of the requirement in subsection (i)(2)(A) of this section to effectively prevent the release of airborne asbestos in excess of the TWA and excursion limit prescribed in subsection (c) of this section.

(3) Contaminated clothing. Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and be labeled in accordance with subsection (k) of this section.

(4) Inspection of protective clothing.

(A) The competent person shall examine worksuits worn by employees at least once per workshift for rips or tears that may occur during performance of work.

(B) When rips or tears are detected while an employee is working, rips and tears shall be immediately mended, or the worksuit shall be immediately replaced.

(j) Hygiene facilities and practices for employees.

(1) Requirements for employees performing Class I asbestos jobs involving over 25 linear or 10 square feet of TSI or surfacing ACM and PACM.

(A) Decontamination areas: the employer shall establish a decontamination area that is adjacent and connected to the regulated area for the decontamination of such employees. The decontamination area shall consist of an equipment room, shower area, and clean room in series. The employer shall ensure that employees enter and exit the regulated area through the decontamination area.

1. Equipment room. The equipment room shall be supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective equipment.

2. Shower area. Shower facilities shall be provided which comply with Section 3366(f) of the General Industry Safety Orders, unless the employer can demonstrate that they are not feasible. The showers shall be adjacent both to the equipment room and the clean room, unless the employer can demonstrate that this location is not feasible. Where the employer can demonstrate that it is not feasible to locate the shower between the equipment room and the clean room, or where the work is performed outdoors, the employers shall ensure that employees:

A. Remove asbestos contamination from their worksuits in the equipment room using a HEPA vacuum before proceeding to a shower that is not adjacent to the work area; or

B. Remove their contaminated worksuits in the equipment room, then don clean worksuits, and proceed to a shower that is not adjacent to the work area.

3. Clean change room. The clean room shall be equipped with a locker or appropriate storage container for each employee's use. When the employer can demonstrate that it is not feasible to provide a clean change area adjacent to the work area or where the work is performed outdoors, the employer may permit employees engaged in Class I asbestos jobs to clean their protective clothing with a portable HEPA-equipped vacuum before such employees leave the regulated area. Following showering, such employees however must then change into street clothing in clean change areas provided by the employer which otherwise meet the requirements of this section.

(B) Decontamination area entry procedures. The employer shall ensure that employees:

1. Enter the decontamination area through the clean room;

2. Remove and deposit street clothing within a locker provided for their use; and

3. Put on protective clothing and respiratory protection before leaving the clean room.

4. Before entering the regulated area, the employer shall ensure that employees pass through the equipment room.

1. Before leaving the regulated area, employees shall remove all gross contamination and debris from their protective clothing.

2. Employees shall remove their protective clothing in the equipment room and deposit the clothing in labeled impermeable bags or containers.

3. Employees shall not remove their respirators in the equipment room.

4. Employees shall shower prior to entering the clean room.

5. After showering, employees shall enter the clean room before changing into street clothes.

(D) Lunch Areas. Whenever food or beverages are consumed at the worksite where employees are performing Class I asbestos work, the employer shall provide lunch areas in which the airborne concentrations of asbestos are below the permissible exposure limit and/or excursion limit.

(2) Requirements for Class I work involving less than 25 linear or 10 square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation.

(A) The employer shall establish an equipment room or area that is adjacent to the regulated area for the decontamination of employees and their equipment which is contaminated with asbestos which shall consist of an area covered by a impermeable drop cloth on the floor or horizontal working surface.

(B) The area must be of sufficient size as to accommodate cleaning of equipment and removing personal protective equipment without spreading contamination beyond the area (as determined by visible accumulations).

(D) All equipment and surfaces of containers filled with ACM must be cleaned prior to removing them from the equipment room or area.

(E) The employer shall ensure that employees enter and exit the regulated area through the equipment room or area.

(3) Requirements for Class IV work. Employers shall ensure that employees performing Class IV work within a regulated area comply with the hygiene practice required of employees performing work which has a higher classification within that regulated area. Otherwise employers of employees cleaning up debris and material which is TSI or surfacing ACM or identified as PACM shall provide decontamination facilities for such employees which are required by subsection (j)(2) of this section.

(4) Smoking in work areas. The employer shall ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area.

(k) Communication of hazards. (1) This section applies to the communication of information concerning asbestos hazards in construction activities to facilitate compliance with this standard. Most asbestos-related construction activities involve previously installed building materials. Building owners often are the only and/or best sources of information concerning them. Therefore, they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section.

Installed Asbestos Containing Building Material. Employers and building owners shall identify TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with subsection (k)(5) of this section that the material is not asbestos-containing. Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to subsection (g)(8)(A)9. of this section determines that it is not asbestos-containing. If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify “PACM” as ACM. Additional requirements relating to communication of asbestos work on multi-employer worksites are set out in subsection (d) of this section.

(2) Duties of building and facility owners.

(A) Before work subject to this standard is begun, building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to subsection (k)(1) of this section.

(B) Building and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at the work sites in their buildings and facilities. Notification either shall be in writing, or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives:

1. Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material;

2. Employees of the owner who will work in or adjacent to areas containing such material:

3. On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials;

4. Tenants who will occupy areas containing such material.

(3) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/facility owners whose employees perform such work shall comply with these provisions to the extent applicable.

(A) Before work in areas containing ACM and PACM is begun; employers shall identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to subsection (k)(1) of this section.

(B) Before work under this standard is performed employers of employees who will perform such work shall inform the following persons of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area.

1. Owners of the building/facility;

2. Employees who will perform such work and employers of employees who work and/or will be working in adjacent areas.

(C) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, shall inform the building/facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the area and final monitoring results, if any.

(4) In addition to the above requirements, all employers who discover ACM and/or PACM on a worksite shall convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the work site, within 24 hours of the discovery.

(5) Criteria to rebut the designation of installed material as PACM.

(A) At any time, an employer and/or building owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of subsection (k)(5)(B) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to subsection (n) of this section.

(B) An employer or owner may demonstrate that PACM does not contain more than 1% asbestos by the following:

1. Having completed an inspection conducted pursuant to the requirements of AHERA (40 CFR Part 763, Subpart E) which demonstrates that the material is not ACM or;

2. Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples collected in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA) or an equivalent nationally-recognized round robin testing program.

(C) The employer and/or building owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM.

(6) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain thermal system insulation and surfacing ACM and/or PACM, the building owner shall post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.

(7) Signs.

(A) Warning signs that demarcate the regulated area shall be provided and displayed at each location where a regulated area is required to be established by subsection (e) of this section. Signs shall be posted at such a distance from such a location that an employee may read the signs and take necessary protective steps before entering the area marked by the signs.

(B) 1. The warning signs required by subsection (k)(7) of this section shall bear the following information:

DANGER

ASBESTOS

CANCER AND LUNG DISEASE HAZARD

AUTHORIZED PERSONNEL ONLY

2. In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following:

RESPIRATORS AND PROTECTIVE CLOTHING ARE

REQUIRED IN THIS AREA

(C) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by subsection (k)(7)(A) of this section. Means to ensure employee comprehension may include the use of foreign languages, pictographs and graphics.

(8) Labels.

(A) Labels shall be affixed to all products containing asbestos and to all containers containing such products, including waste containers. Where feasible, installed asbestos products shall contain a visible label.

(B) Labels shall be printed in large, bold letters on a contrasting background.

(C) Labels shall be used in accordance with the requirements of Section 5194 (f) of the General Industry Safety Orders, and shall contain the following information:

DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

(D) Labels shall contain a warning statement against breathing asbestos fibers.

(E) The provisions for labels required by subsections (k)(8)(A) through (k)(8)(C) do not apply where:

1. Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can demonstrate that, during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released, or

2. Asbestos is present in a waste product in concentrations less than 1.0 percent.

Note: Section 5194 of the General Industry Safety Orders requires that manufactured and imported products containing more than 0.1% asbestos by weight be labeled with an appropriate warning. The exemptions specified in subsection (k)(7)(E) only apply to waste products or waste containers.

(F) When a building owner/or employer identifies previously installed PACM and/or ACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required by subsection (k)(6) of this section may be posted in lieu of labels so long as they contain information required for labelling. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs or labels can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.

(9) Employee Information and Training.

(A) The employer shall, at no cost to the employee, institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who perform Class I through IV asbestos operations, and shall ensure their participation in the program.

(B) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter. Employees engaged in asbestos-related work that requires employer registration under Section 341.6 or engaged in asbestos cement pipe operations as defined in subsection (r), shall be trained and certified by a Division approved training provider. To be approved by the Division, training providers shall (1) apply to the Division for course approval and (2) pay fees covering the cost of the approval process to the Division as specified in regulations promulgated by the Division pursuant to the provisions of Chapter 3.5 (beginning with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(C) Training for Class I operations and for Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures under this section shall be the equivalent in curriculum training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR Part 763, Subpart E, Appendix C).

(D) Training for other Class II work.

1. For work with asbestos containing material involving roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that category. Such course shall include “hands-on” training and shall take at least 8 hours.

2. An employee who works with more than one of the categories of material specified in subsection (k)(9)(D)1. of this section shall receive training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses.

3. For Class II operations not involving the categories of material specified in subsection (k)(9)(D)1. of this section, training shall be provided which shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to the category of material being removed, and shall include “hands-on” training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses.

(E) Training for Class III employees shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall also include “hands-on' training and shall take at least 16 hours.

Exception: For Class III operations for which the competent person determines that the EPA curriculum does not adequately cover the training needed to perform that activity, training shall include as a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that activity, and shall include “hands-on” training in the work practices applicable to each category of material that the employee disturbs.

(F) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a course shall include available information concerning the locations of thermal system insulation and surfacing ACM/PACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified; and instruction in recognition of damage, deterioration, and delamination of asbestos containing building materials. Such course shall take at least 2 hours.

(G) Training for employees who are likely to be exposed in excess of the PEL and who are not otherwise required to be trained under subsections (k)(9)(C) through (F) of this section, shall meet the requirements of subsection (k)(9)(H) of this section.

(H) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content required by provisions in subsections (k)(9)(C) through (F) of this section, the employer shall ensure that each such employee is informed of the following:

1. Methods of recognizing asbestos, including the requirement in subsection (k)(1) of this section to presume that certain building materials contain asbestos;

2. The health effects associated with asbestos exposure;

3. The relationship between smoking and asbestos in producing lung cancer;

4. The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures where Class III and IV work will be or is performed, the contents of EPA 20T-2003, “Managing Asbestos In-Place” July 1990 or its equivalent in content;

5. The purpose, proper use, fitting instructions, and limitations of respirators as required by Section 5144;

6. The appropriate work practices for performing the asbestos job;

7. Medical surveillance program requirements;

8. The content of this standard including appendices;

9. The names, addresses and phone numbers of public health organizations which provide information, materials and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in Appendix J to this section, to comply with this requirement; and

10. The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels.

(10) Access to training materials.

(A) The employer shall make readily available to affected employees without cost, written materials relating to the employee training program, including a copy of this regulation.

(B) The employer shall provide to the Chief and the Director, upon request, all information and training materials relating to the employee information and training program.

(C) The employer shall inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer shall distribute such material, consisting of NIH Publication No. 89-1647, or equivalent self-help material, which is approved or published by a public health organization listed in Appendix J to this section.

(l) Housekeeping.

(1) Vacuuming. Where vacuuming methods are selected, HEPA filtered vacuuming equipment must be used. The equipment shall be used and emptied in a manner that minimizes the reentry of asbestos into the workplace.

(2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations, where the procedures specified in subsection (g)(8)(B) of this section apply.

(3) Care of asbestos-containing flooring material.

(A) All vinyl and asphalt flooring material shall be maintained in accordance with this subsection unless the building/facility owner demonstrates, pursuant to subsection (g)(8)(A)9. of this section that the flooring does not contain asbestos.

(B) Sanding of flooring material is prohibited.

(D) Burnishing or dry buffing may be performed only on flooring which has sufficient finish so that the pad cannot contact the flooring material.

(4) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/PACM or visibly deteriorated ACM:

(A) shall not be dusted or swept dry, or vacuumed without using a HEPA filter;

(B) shall be promptly cleaned up and disposed of in leak tight containers.

(m) Medical surveillance.

(1) General

(A) Employees covered.

1. The employer shall institute a medical surveillance program for all employees who, for a combined total of 30 or more days per year, are engaged in Class I, II and III work or are exposed at or above the permissible exposure limit. For purposes of this paragraph, any day in which a worker engages in Class II or Class III operations or a combination thereof on intact material for one hour or less (taking into account the entire time spent on the removal operation, including cleanup) and, while doing so, adheres fully to the work practices specified in this standard, shall not be counted.

2. For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician.

(B) Examination.

1. The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided at no cost to the employee and at a reasonable time and place.

2. Persons other than such licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate academic or professional institution.

(2) Medical examinations and consultations.

(A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (m)(1)(A) of this section on the following schedules:

1. Prior to assignment of the employee to an area where negative- pressure respirators are worn;

2. When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I, II or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure;

3. And at least annually thereafter.

4. If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer shall provide such examinations to affected employees at the frequencies specified by the physician.

5. Exception: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with this subsection within the past 1 year period.

6. Employers shall provide a medical examination at the termination of employment for any employee who has been exposed to airborne concentrations of asbestos at or above the permissible exposure limit and/or excursion limit. The medical examination shall be given within 30 calendar days before or after the date of termination of employment.

(B) Content. Medical examinations made available pursuant to subsections (m)(2)(A)1. through (m)(2)(A)3. of this section shall include:

1. A medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems.

2. On initial examination, the standardized questionnaire contained in Part 1 of Appendix D to this section, and, on annual examination, the abbreviated standardized questionnaire contained in Part 2 of Appendix D to this section.

3. A physical examination directed to the pulmonary and gastrointestinal systems, including a chest roentgenogram to be administered in accordance with Table 2 below, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV(1)). Interpretation and classification of chest roentgenograms shall be conducted in accordance with Appendix E to this section.

TABLE 2

FREQUENCY OF CHEST X-RAYS

Embedded Graphic 08.0151

4. Any other examinations or tests deemed necessary by the examining physician.

(3) Information provided to the physician. The employer shall provide the following information to the examining physician:

(A) A copy of this standard and Appendices D, E, and I to this section;

(B) A description of the affected employee's duties as they relate to the employee's exposure;

(D) A description of any personal protective and respiratory equipment used or to be used; and

(E) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician.

(4) Physician's written opinion.

(A) The employer shall obtain a written opinion from the examining physician. This written opinion shall contain the results of the medical examination and shall include:

1. The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos;

2. Any recommended limitations on the employee or on the use of personal protective equipment such as respirators; and

3. A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions that may result from asbestos exposure.

4. A statement that the employee has been informed by the physician of the increased risk of lung cancer attributable to the combined effect of smoking and asbestos exposure.

(B) The employer shall instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to asbestos.

(C) The employer shall provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt.

(n) Recordkeeping.

(1) Objective data relied on pursuant to subsection (f) to this section.

(A) Where the employer has relied on objective data that demonstrates that products made from or containing asbestos or the activity involving such products or material are not capable of releasing fibers of asbestos in concentrations at or above the permissible exposure limit and/or excursion limit under the expected conditions of processing, use, or handling to satisfy the requirements of subsection (f), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.

(B) The record shall include at least the following information:

1. The product qualifying for exemption;

2. The source of the objective data;

3. The testing protocol, results of testing, and/or analysis of the material for the release of asbestos;

4. A description of the operation exempted and how the data support the exemption; and

5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.

(2) Exposure measurements.

(A) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in subsection (f) of this section.

Note: The employer my utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.

(B) This record shall include at least the following information:

1. The date of measurement;

2. The operation involving exposure to asbestos that is being monitored;

3. Sampling and analytical methods used and evidence of their accuracy;

4. Number, duration, and results of samples taken;

5. Type of protective devices worn, if any; and

6. Name, social security number, and exposure of the employees whose exposures are represented.

(C) The employer shall maintain this record for at least thirty (30) years, in accordance with Section 3204 of the General Industry Safety Orders.

(3) Medical surveillance.

(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by subsection (m) of this section, in accordance with Section 3204 of the General Industry Safety Orders.

(B) The record shall include at least the following information:

1. The name and social security number of the employee;

2. A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations.

3. Physician's written opinions;

4. Any employee medical complaints related to exposure to asbestos; and

5. A copy of the information provided to the physician as required by subsection (m) of this section.

(C) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with Section 3204 of the General Industry Safety Orders.

(4) Training records. The employer shall maintain all employee training records for one (1) year beyond the last date of employment by that employer.

(5) Data to Rebut PACM. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos-containing, such data shall be maintained for as long as they are relied upon to rebut the presumption.

(6) Records of Required Notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content shall be maintained by the building owner for the duration of ownership and shall be transferred to successive owners of such buildings/facilities.

(7) Availability.

(A) The employer, upon written request, shall make all records required to be maintained by this section available to the Chief and the Director for examination and copying.

(B) The employer, upon request, shall make any exposure records required by subsections (f) and (n) of this section available for examination and copying to affected employees, former employees, designated representatives, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders.

(C) The employer, upon request, shall make employee medical records required by subsections (m) and (n) of this section available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders.

(8) Transfer of records.

(A) The employer shall comply with the requirements concerning transfer of records set forth in Section 3204 of the General Industry Safety orders.

(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the Director at least 90 days prior to disposal and, upon request, transmit them to the Director.

(o) Competent person.

(1) General. On all construction worksites covered by this standard, the employer shall designate a competent person, having the qualifications and authorities for ensuring worker safety and health required by Sections 1509, 1510, 1512, 1513, 1514, 1523, and 1920 of these orders.

(2) Required Inspections by the Competent Person. Section 1509(a) of these orders, which requires health and safety prevention programs to provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons, is incorporated.

(3) Additional Inspections. In addition, the competent person shall make frequent and regular inspections of the job sites, in order to perform the duties set out below in subsection (o)(3)(A). For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III and IV jobs, on-site inspections shall be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request.

(A) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with subsection (e)(6) of this section shall perform or supervise the following duties, as applicable:

1. Set up the regulated area, enclosure, or other containment;

2. Ensure (by on-site inspection) the integrity of the enclosure or containment;

3. Set up procedures to control entry to and exit from the enclosure and/or area;

4. Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by subsection (f) of this section;

5. Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by subsections (h) and (i) of this section;

6. Ensure through on-site supervision, that employees set up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements;

7. Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in subsection (j) of this section;

8. Ensure that, through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and,

9. Ensure that notification requirement in subsection (k) of this section are met.

(4) Training for the competent person.

(A) For Class I, and II asbestos work the competent person shall be trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course for supervisors, that meets the criteria of EPA's Model Accredited Plan (40 CFR Part 763, Subpart E. Appendix C), such as a course conducted by an EPA-approved or state approved training provider, certified by EPA or a state, or a course equivalent in stringency, content and length.

(B) For Class III and IV asbestos work, the competent person shall be trained in aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures, practices for reducing asbestos exposures, use of wet methods, the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length. Competent persons for Class III and IV work, may also be trained pursuant to the requirements of subsection (o)(4)(A) of this section.

(p) Appendices.

(1) Appendices A, C, D, and E to this section are incorporated as part of this section and the contents of these appendices are mandatory.

(2) Appendices B, F, H, I, J, and K to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.

(q) Certified Asbestos Consultants and Certified Site Surveillance Technicians.

(1) The following definitions are applicable to subsection (q) only:

“Asbestos consultant” means any person who contracts to provide professional health and safety services relating to asbestos- containing construction material as defined in this subsection, which comprises 100 square feet or more of surface area. The activities of an asbestos consultant include building inspection, abatement project design, contract administration, sample collection, preparation of asbestos management plans, clearance monitoring, and supervision of site surveillance technicians as defined in this subsection.

“Asbestos-containing construction material” means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.

“Certified asbestos consultant” means any asbestos consultant certified by the Division pursuant to this section.

“Certified site surveillance technician” means any surveillance technician certified by the Division pursuant to the section.

“Division” means the Division of Occupational Safety and Health of the California Department of Industrial Relations.

“Site surveillance technician” means any person who acts as an independent on-site representative of an asbestos consultant. The site surveillance technician monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personal samples, and performs building surveys and contract administration at the direction of an asbestos consultant.

“State-of-the-art” means all asbestos abatement and control work procedures currently in use which have been demonstrated to be the most effective, reliable, and protective of workers health. As new procedures are developed which demonstrate greater effectiveness, reliability, and worker protection and thereby come into use, they become state-of-the-art.

(2) Certified Asbestos Consultant Criteria.

To obtain certification, an asbestos consultant must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as an asbestos consultant, the applicant must meet all of the following requirements:

(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects:

1. The physical characteristics of asbestos;

2. The health effects of asbestos;

3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards;

4. State-of-the-art asbestos abatement and control work procedures;

5. Federal Asbestos Hazard Emergency Response Act training information and procedures for inspectors, management planners, and supervisors, as provided for under Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as determined by the Division; and

6. Information concerning industrial hygiene sampling methodology, including asbestos sampling and analysis techniques and recordkeeping.

(B) Providing such documentation and other information as the Division shall require to substantiate:

1. The possession of a valid and appropriate federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate, or its equivalent, as determined by the Division; and

2. Any one of the following combinations of education and experience:

A. One year of asbestos-related experience and a bachelor of science degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science;

B. Two years of asbestos-related experience and a bachelor's degree;

C. Three years of asbestos-related experience and an associate of arts degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science; or

D. Four years of asbestos-related experience and a high school diploma or its equivalent.

(3) Certified Site Surveillance Technician Criteria.

To obtain certification, a site surveillance technician must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as a site surveillance technician, the applicant must meet all of the following requirements:

(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects:

1. The physical characteristics of asbestos;

2. The health effects of asbestos;

4. State-of-the-art asbestos abatement and control work procedures.

5. Information concerning industrial hygiene sampling methodology, including sampling techniques and recordkeeping.

(B) Providing such documentation and other information as the Division shall require to substantiate all of the following:

1. Possession of a valid federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate for the type of work being performed, or its equivalent, as determined by the Division.

2. Six (6) months of asbestos-related experience under the supervision of an asbestos consultant.

3. Possession of a high school diploma or equivalent.

(4) No employer shall engage the services of an asbestos consultant or site surveillance technician unless that person provides proof of certification by the Division.

(r) Report of Use and Asbestos-related Work Registration.

(1) The following definitions are applicable to subsection (r) only:

“Asbestos-containing construction material” means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.

“Asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8-hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division.

(2) Report of Use. See section 5203.

Note: Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with section 5203 for the asbestos-related work requiring registration. Except that emergencies as defined in section 5203(a) must be reported as required in section 5203(f).

Exception: An employer need not register all the materials containing asbestos if objective data demonstrates that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released. The objective data shall include at least those elements specified in subsection (n)(1) of this section.

NOTE

Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code; Section 25910, Health and Safety Code; and Sections 7180, 7180.5, 7181, 7182, 7183, 7183.5, 7184, 7185, 7187, 7189, 7189.5 and 7189.7, Business and Professions Code.

HISTORY

1. New section filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Amendment of subsection (b) and NOTE and adoption of subsections (o)(6)-(o)(8) and (t) filed 1-21-92 as an emergency; operative 2-20-92 (Register 92, No. 13).

4. Change without regulatory effect amending definition of chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).

5. Amendment of subsection (c)(1) filed 5-1-95; operative 5-31-95 (Register 95, No. 18).

6. Editorial correction of subsection (b) (Register 95, No. 41).

7. Change without regulatory effect deleting duplicate “Certified supervisor” definition filed 12-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51).

8. Repealer and new section filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

9. Amendment of subsections (k)(9)(B), (q)(2)-(3) and (r)(1) definition of “Asbestos-related work,” and amendment of Note filed 2-5-97; operative 3-7-97 (Register 97, No. 6).

10. New subsection (h)(2)(F), amendment of subsections (k)(6), (k)(8)(F) and (k)(9)(C)-(k)(9)(D)1., new (k)(9)(D)2.-3. and amendment of subsections (k)(9)(E) and (m)(1)(A)1. filed 10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 40).

11. Amendment of former subsections (h)(1)-(h)(4)(B) including subsection renumbering and relettering resulting in newly designated subsections (h)(1)-(h)(3)(D)3. filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

12. Amendment of subsections (r)-(r)(2), repealer of subsection (r)(2)(A), Note 1. and Note 2. designator, amendment of former Note 2., and repealer of subsections (r)(2)(B)-(r)(2)(B)1. and (r)(2)(B)2.-(r)(5) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).

13. Change without regulatory effect amending subsections (h)(3)(D)2.-3. filed 12-20-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 52).

14. Amendment of subsection (g)(5) filed 3-22-2004; operative 3-22-2004. Submitted to OAL for printing only. This filing is necessary to correct a discrepancy between this section and the corresponding federal regulation, 29 CFR 1926.1101, and is not subject to Articles 5 and 6 of the Administrative Procedure Act pursuant to subdivision (a)(3) of Labor Code section 142.3 (Register 2004, No. 13).

15. Amendment of subsection (f)(5)(A) and repealer of subsection (g)(6)(C) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).

16. Amendment of subsections (h)(3)(A), new subsection (h)(3)(B), subsection relettering and amendment of newly designated subsections (h)(3)(C), (h)(3)(D), (h)(3)(E) and (h)(3)(E)2.-3. filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).

Appendix A

OSHA Reference Method

Mandatory

This mandatory appendix specifies the procedure for analyzing air samples for asbestos and specifies quality control procedures that must be implemented by laboratories performing the analysis. The sampling and analytical methods described below represent the elements of the available monitoring methods (such as appendix B to this section, the most current version of the OSHA method ID-60, or the most current version of the NIOSH 7400 method) which OSHA considers to be essential to achieve adequate employee exposure monitoring while allowing employers to use methods that are already established within their organizations. All employers who are required to conduct air monitoring under subsection (f) of this section are required to utilize analytical laboratories that use this procedure, or an equivalent method, for collecting and analyzing samples.

Sampling and Analytical Procedure

1. The sampling medium for air samples shall be mixed cellulose ester filter membranes. These shall be designated by the manufacturer as suitable for asbestos counting. See below for rejection of blanks.

2. The preferred collection device shall be the 25-mm diameter cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may be used if necessary but only if written justification for the need to use the 37-mm filter cassette accompanies the sample results in the employee's exposure monitoring record. Do not reuse or reload cassettes for asbestos sample collection.

3. An air flow rate between 0.5 liter/min and 2.5 liters/min shall be selected for the 25-mm cassette. If the 37-mm cassette is used, an air flow rate between 1 liter/min and 2.5 liters/min shall be selected.

4. Where possible, a sufficient air volume for each air sample shall be collected to yield between 100 and 1,300 fibers per square millimeter on the membrane filter. If a filter darkens in appearance or if loose dust is seen on the filter, a second sample shall be started.

5. Ship the samples in a rigid container with sufficient packing material to prevent dislodging the collected fibers. Packing material that has a high electrostatic charge on its surface (e.g., expanded polystyrene) cannot be used because such material can cause loss of fibers to the sides of the cassette.

6. Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.

7. Personal samples shall be taken in the “breathing zone” of the employee (i.e., attached to or near the collar or lapel near the worker's face).

8. Fiber counts shall be made by positive phase contrast using a microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a total magnification of approximately 400 X and a numerical aperture of 0.65 to 0.75. The microscope shall also be fitted with a green or blue filter.

9. The microscope shall be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of 100 micrometers (+/- 2 micrometers).

10. The phase-shift detection limit of the microscope shall be about 3 degrees measured using the HSE phase shift test slide as outlined below.

a. Place the test slide on the microscope stage and center it under the phase objective.

b. Bring the blocks of grooved lines into focus.

Note: The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) in descending order of visibility from sets 1 to 7, seven being the least visible. The requirements for asbestos counting are that the microscope optics must resolve the grooved lines in set 3 completely, although they may appear somewhat faint, and that the grooved lines in sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially visible but may vary slightly in visibility between microscopes. A microscope that fails to meet these requirements has either too low or too high a resolution to be used for asbestos.

c. If the image deteriorates, clean and adjust the microscope optics. If the problem persists, consult the microscope manufacturer.

11. Each set of samples taken will include 10% field blanks or a minimum of 2 field blanks. These blanks must come from the same lot as the filters used for sample collection. The field blank results shall be averaged and subtracted from the analytical results before reporting. A set consists of any sample or group of samples for which an evaluation for this standard must be made. Any samples represented by a field blank having a fiber count in excess of the detection limit of the method being used shall be rejected.

12. The samples shall be mounted by the acetone/triacetin method or a method with an equivalent index of refraction and similar clarity.

13. Observe the following counting rules.

a. Count only fibers equal to or longer than 5 micrometers. Measure the length of curved fibers along the curve.

b. Count all particles as asbestos that have a length-to-width ratio (aspect ratio) of 3:1 or greater.

c. Fibers lying entirely within the boundary of the Walton-Beckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle, shall receive the count of one half (1/2). Do not count any fiber that crosses the graticule boundary more than once. Reject and do not count any other fibers even though they may be visible outside the graticule area.

d. Count bundles of fibers as one fiber unless individual fibers can be identified by observing both ends of an individual fiber.

e. Count enough graticule fields to yield 100 fibers. Count a minimum of 20 fields; stop counting at 100 fields regardless of fiber count.

14. Blind recounts shall be conducted at the rate of 10 percent.

Quality Control Procedures

1. Intra-laboratory program. Each laboratory and/or each company with more than one microscopist counting slides shall establish a statistically designed quality assurance program involving blind recounts and comparisons between microscopists to monitor the variability of counting by each microscopist and between microscopists. In a company with more than one laboratory, the program shall include all laboratories and shall also evaluate the laboratory-to-laboratory variability.

2. a. Interlaboratory program. Each laboratory analyzing asbestos samples for compliance determination shall implement an interlaboratory quality assurance program that as a minimum includes participation of at least two other independent laboratories. Each laboratory shall participate in round robin testing at least once every 6 months with at least all the other laboratories in its interlaboratory quality assurance group. Each laboratory shall submit slides typical of its own work load for use in this program. The round robin shall be designed and results analyzed using appropriate statistical methodology.

b. All laboratories should participate in a national sample testing scheme such as the Proficiency Analytical Testing Program (PAT), the Asbestos Registry sponsored by the American Industrial Hygiene Association (AIHA).

3. All individuals performing asbestos analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos dust or an equivalent course.

4. When the use of different microscopes contributes to differences between counters and laboratories, the effect of the different microscopes shall be evaluated and the microscopes shall be replaced, as necessary.

5. Current results of these quality assurance programs shall be posted in each laboratory to keep the microscopists informed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix A to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Amendment filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

Appendix B

Sampling and Analysis (Non-mandatory)

Matrix Air:

OSHA Permissible Exposure Limits:

Time Weighted Average 0.1 fiber/cc

Excursion Level (30 minutes) 1.0 fiber/cc

Collection Procedure:

A known volume of air is drawn through a 25-mm diameter cassette containing a mixed-cellulose ester filter. The cassette must be equipped with an electrically conductive 50-mm extension cowl. The sampling time and rate are chosen to give a fiber density of between 100 to 1,300 fibers/mm2 on the filter.

Recommended Sampling Rate 0.5 to 5.0 liters/

minute (L/min)

Recommended Air Volumes:

Minimum 25 L

Maximum 2,400 L

Analytical Procedure:

A portion of the sample filter is cleared and prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM) at 400X. Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by USDOL-OSHA. Similar products from other sources can be substituted.

1. Introduction

This method describes the collection of airborne asbestos fibers using calibrated sampling pumps with mixed-cellulose ester (MCE) filters and analysis by phase contrast microscopy (PCM). Some terms used are unique to this method and are defined below: Asbestos: A term for naturally occurring fibrous minerals. Asbestos includes chrysotile, crocidolite, amosite (cummingtonite-grunerite asbestos), tremolite asbestos, actinolite asbestos, anthophyllite asbestos, and any of these minerals that have been chemically treated and/or altered. The precise chemical formulation of each species will vary with the location from which it was mined. Nominal compositions are listed:

Chrysotile Mg3Si2O5(OH)4

Crocidolite Na2Fe32Fe23Si8O22(OH)2

Amosite (Mg,Fe)7Si8O22(OH)2

Tremolite-actinolite Ca2(Mg,Fe)5Si8O22(OH)2

Anthophyllite (Mg,Fe)7Si8O22(OH)2

Asbestos Fiber: A fiber of asbestos which meets the criteria specified below for a fiber.

Aspect Ratio: The ratio of the length of a fiber to it's diameter (e.g. 3:1, 5:1 aspect ratios).

Cleavage Fragments: Mineral particles formed by comminution of minerals, especially those characterized by parallel sides and a moderate aspect ratio (usually less than 20:1).

Detection Limit: The number of fibers necessary to be 95% certain that the result is greater than zero.

Differential Counting: The term applied to the practice of excluding certain kinds of fibers from the fiber count because they do not appear to be asbestos.

Fiber: A particle that is 5 μm or longer, with a length-to-width ratio of 3 to 1 or longer.

Field: The area within the graticule circle that is superimposed on the microscope image.

Set: The samples which are taken, submitted to the laboratory, analyzed, and for which, interim or final result reports are generated.

Tremolite, Anthophyllite, and Actinolite: The non-asbestos form of these minerals which meet the definition of a fiber. It includes any of these minerals that have been chemically treated and/or altered.

Walton-Beckett Graticule: An eyepiece graticule specifically designed for asbestos fiber counting. It consists of a circle with a projected diameter of 100 plus or minus 2 μm (area of about 0.00785 mm2) with a crosshair having tic-marks at 3-μm intervals in one direction and 5-μm in the orthogonal direction. There are marks around the periphery of the circle to demonstrate the proper sizes and shapes of fibers. This design is reproduced in Figure 1. of this appendix. The disk is placed in one of the microscope eyepieces so that the design is superimposed on the field of view.

1.1. History

Early surveys to determine asbestos exposures were conducted using impinger counts of total dust with the counts expressed as million particles per cubic foot. The British Asbestos Research Council recommended filter membrane counting in 1969. In July 1969, the Bureau of Occupational Safety and Health published a filter membrane method for counting asbestos fibers in the United States. This method was refined by NIOSH and published as P & CAM 239. On May 29, 1971, OSHA specified filter membrane sampling with phase contrast counting for evaluation of asbestos exposures at work sites in the United States. The use of this technique was again required by OSHA in 1986. Phase contrast microscopy has continued to be the method of choice for the measurement of occupational exposure to asbestos.

1.2. Principle

Air is drawn through a MCE filter to capture airborne asbestos fibers. A wedge shaped portion of the filter is removed, placed on a glass microscope slide and made transparent. A measured area (field) is viewed by PCM. All the fibers meeting defined criteria for asbestos are counted and considered a measure of the airborne asbestos concentration.

1.3. Advantages and Disadvantages

There are four main advantages of PCM over other methods:

(1) The technique is specific for fibers. Phase contrast is a fiber counting technique which excludes non-fibrous particles from the analysis.

(2) The technique is inexpensive and does not require specialized knowledge to carry out the analysis for total fiber counts.

(3) The analysis is quick and can be performed on-site for rapid determination of air concentrations of asbestos fibers.

(4) The technique has continuity with historical epidemiological estimates of expected disease can be inferred from long-term determinations of asbestos exposures.

The main disadvantage of PCM is that it does not positively identify asbestos fibers. Other fibers which are not asbestos may be included in the count unless differential counting is performed. This requires a great deal of experience to adequately differentiate asbestos from non-asbestos fibers. Positive identification of asbestos must be performed by polarized light or electron microscopy techniques. A further disadvantage of PCM is that the smallest visible fibers are about 0.2μm in diameter while the finest asbestos fibers may be as small as 0.02μm in diameter. For some exposures, substantially more fibers may be present than are actually counted.

1.4. Workplace Exposure

Asbestos is used by the construction industry in such products as shingles, floor tiles, asbestos cement, roofing felts, insulation and acoustical products. Non-construction uses include brakes, clutch facings, paper, paints, plastics, and fabrics. One of the most significant exposures in the workplace is the removal and encapsulation of asbestos in schools, public buildings, and homes. Many workers have the potential to be exposed to asbestos during these operations.

About 95% of the asbestos in commercial use in the United States is chrysotile. Crocidolite and amosite make up most of the remainder. Anthophyllite and tremolite or actinolite are likely to be encountered as contaminants in various industrial products.

1.5. Physical Properties

Asbestos fiber possesses a high tensile strength along its axis, is chemically inert, non-combustible, and heat resistant. It has a high electrical resistance and good sound absorbing properties. It can be weaved into cables, fabrics or other textiles, and also matted into asbestos papers, felts, or mats.

2. Range and Detection Limit

2.1. The ideal counting range on the filter is 100 to 1,300 fibers/mm2 With a Walton-Beckett graticule this range is equivalent to 0.8 to 10 fibers/field. Using NIOSH counting statistics, a count of 0.8 fibers/field would give an approximate coefficient of variation (CV) of 0.13.

2.2. The detection limit for this method is 4.0 fibers per 100 fields or 5.5 fibers/mm2. This was determined using an equation to estimate the maximum CV possible at a specific concentration (95% confidence) and a Lower Control Limit of zero. The CV value was then used to determine a corresponding concentration from historical CV vs fiber relationships. As an example:

Lower Control Limit (95% Confidence) = AC -- 1.645(CV)(AC)

Where:

AC = Estimate of the airborne fiber concentration (fibers/cc) Setting the Lower Control Limit = 0 and solving for CV:

0 = AC - 1.645(CV)(AC)

CV = 0.61

This value was compared with CV vs. count curves. The count at which CV = 0.61 for Leidel-Busch counting statistics or for an OSHA Salt Lake Technical Center (OSHA-SLTC) CV curve (see Appendix A for further information) was 4.4 fibers or 3.9 fibers per 100 fields, respectively. Although a lower detection limit of 4 fibers per 100 fields is supported by the OSHA-SLTC data, both data sets support the 4.5 fibers per 100 fields value.

3. Method Performance -- Precision and Accuracy

Precision is dependent upon the total number of fibers counted and the uniformity of the fiber distribution on the filter. A general rule is to count at least 20 and not more than 100 fields. The count is discontinued when 100 fibers are counted, provided that 20 fields have already been counted. Counting more than 100 fibers results in only a small gain in precision. As the total count drops below 10 fibers, an accelerated loss of precision is noted.

At this time, there is no known method to determine the absolute accuracy of the asbestos analysis. Results of samples prepared through the Proficiency Analytical Testing (PAT) Program and analyzed by the OSHA-SLTC showed no significant bias when compared to PAT reference values. The PAT samples were analyzed from 1987 to 1989 (N=36) and the concentration range was from 120 to 1,300 fibers/mm(2).

4. Interferences

Fibrous substances, if present, may interfere with asbestos analysis. Some common fibers are:

fiberglass

anhydrite

plant fibers

perlite veins

gypsum

some synthetic fibers

membrane structures

sponge spicules

diatoms

microorganisms

wollastonite

The use of electron microscopy or optical tests such as polarized light, and dispersion staining may be used to differentiate these materials from asbestos when necessary.

5. Sampling

5.1. Equipment

5.1.1. Sample assembly. Conductive filter holder consisting of a 25-mm diameter, 3-piece cassette having a 50-mm long electrically conductive extension cowl, Backup pad, 25-mm, cellulose. Membrane filter, mixed-cellulose ester (MCE), 25-mm, plain, white, 0.4- to 1.2-μm pore size.

Notes:

(a) DO NOT RE-USE CASSETTES.

(b) Fully conductive cassettes are required to reduce fiber loss to the sides of the cassette due to electrostatic attraction.

(c) Purchase filters which have been selected by the manufacturer for asbestos counting or analyze representative filters for fiber background before use. Discard the filter lot if more than 4 fibers/100 fields are found.

(d) To decrease the possibility of contamination, the sampling system (filter-backup pad-cassette) for asbestos is usually preassembled by the manufacturer.

(e) Other cassettes, such as the Bell-mouth, may be used within the limits of their validation.

5.1.2. Gel bands for sealing cassettes.

5.1.3. Sampling pump. Each pump must be a battery operated, self- contained unit small enough to be placed on the monitored employee and not interfere with the work being performed. The pump must be capable of sampling at the collection rate for the required sampling time.

5.1.4. Flexible tubing, 6-mm bore.

5.1.5. Pump calibration.

Stopwatch and bubble tube/burette or electronic meter.

5.2. Sampling Procedure

5.2.1. Seal the point where the base and cowl of each cassette meet with a gel band or tape.

5.2.2. Charge the pumps completely before beginning.

5.2.3. Connect each pump to a calibration cassette with an appropriate length of 6-mm bore plastic tubing. Do not use luer connectors -- the type of cassette specified above has built-in adapters.

5.2.4. Select an appropriate flow rate for the situation being monitored. The sampling flow rate must be between 0.5 and 5.0 L/min for personal sampling and is commonly set between 1 and 2 L/min. Always choose a flow rate that will not produce overloaded filters.

5.2.5. Calibrate each sampling pump before and after sampling with a calibration cassette in-line (Note: This calibration cassette should be from the same lot of cassettes used for sampling). Use a primary standard (e.g. bubble burette) to calibrate each pump. If possible, calibrate at the sampling site.

If sampling site calibration is not possible, environmental influences may affect the flow rate. The extent is dependent on the type of pump used. Consult with the pump manufacturer to determine dependence on environmental influences. If the pump is affected by temperature and pressure changes, correct the flow rate using the formula shown in the section “Sampling Pump Flow Rate Corrections” at the end of this appendix.

5.2.6. Connect each pump to the base of each sampling cassette with flexible tubing. Remove the end cap of each cassette and take each air sample open face. Assure that each sample cassette is held open side down in the employee's breathing zone during sampling. The distance from the nose/mouth of the employee to the cassette should be about 10 cm. Secure the cassette on the collar or lapel of the employee using spring clips or other similar devices.

5.2.7. A suggested minimum air volume when sampling to determine TWA compliance is 25 L. For Excursion Limit (30 min sampling time) evaluations, a minimum air volume of 48 L is recommended.

5.2.8. The most significant problem when sampling for asbestos is overloading the filter with non-asbestos dust. Suggested maximum air sample volumes for specific environments are:

Environment Air Vol. (L)

Asbestos removal operations (visible dust) 100.

Asbestos removal operations (little dust) 240.

Office environments. 400 to 2,400.

CAUTION: Do not overload the filter with dust. High levels of non- fibrous dust particles may obscure fibers on the filter and lower the count or make counting impossible. If more than about 25 to 30% of the field area is obscured with dust, the result may be biased low. Smaller air volumes may be necessary when there is excessive non-asbestos dust in the air.

While sampling, observe the filter with a small flashlight. If there is a visible layer of dust on the filter, stop sampling, remove and seal the cassette, and replace with a new sampling assembly. The total dust loading should not exceed 1 mg.

5.2.9. Blank samples are used to determine if any contamination has occurred during sample handling. Prepare two blanks for the first 1 to 20 samples. For sets containing greater than 20 samples, prepare blanks as 10% of the samples. Handle blank samples in the same manner as air samples with one exception: Do not draw any air through the blank samples. Open the blank cassette in the place where the sample cassettes are mounted on the employee. Hold it open for about 30 seconds. Close and seal the cassette appropriately. Store blanks for shipment with the sample cassettes.

5.2.10. Immediately after sampling, close and seal each cassette with the base and plastic plugs. Do not touch or puncture the filter membrane as this will invalidate the analysis.

5.2.11. Attach and secure a sample seal around each sample cassette in such a way as to assure that the end cap and base plugs cannot be removed without destroying the seal. Tape the ends of the seal together since the seal is not long enough to be wrapped end-to-end. Also wrap tape around the cassette at each joint to keep the seal secure.

5.3. Sample Shipment

5.3.1. Send the samples to the laboratory with paperwork requesting asbestos analysis. List any known fibrous interferences present during sampling on the paperwork. Also, note the workplace operation(s) sampled.

5.3.2. Secure and handle the samples in such that they will not rattle during shipment nor be exposed to static electricity. Do not ship samples in expanded polystyrene peanuts, vermiculite, paper shreds, or excelsior. Tape sample cassettes to sheet bubbles and place in a container that will cushion the samples in such a manner that they will not rattle.

5.3.3. To avoid the possibility of sample contamination, always ship bulk samples in separate mailing containers.

6. Analysis

6.1. Safety Precautions

6.1.1. Acetone is extremely flammable and precautions must be taken not to ignite it. Avoid using large containers or quantities of acetone. Transfer the solvent in a ventilated laboratory hood. Do not use acetone near any open flame. For generation of acetone vapor, use a spark free heat source.

6.1.2. Any asbestos spills should be cleaned up immediately to prevent dispersal of fibers. Prudence should be exercised to avoid contamination of laboratory facilities or exposure of personnel to asbestos. Asbestos spills should be cleaned up with wet methods and/or a High Efficiency Particulate Air (HEPA) filtered vacuum.

CAUTION: Do not use a vacuum without a HEPA filter -- It will disperse fine asbestos fibers in the air.

6.2. Equipment

6.2.1. Phase contrast microscope with binocular or trinocular head.

6.2.2. Widefield or Huygenian 10X eyepieces (NOTE: The eyepiece containing the graticule must be a focusing eyepiece. Use a 40X phase objective with a numerical aperture of 0.65 to 0.75).

6.2.3. Kohler illumination (if possible) with green or blue filter.

6.2.4. Walton-Beckett Graticule, type G-22 with 100 plus or minus 2μm projected diameter.

6.2.5. Mechanical stage. A rotating mechanical stage is convenient for use with polarized light.

6.2.6. Phase telescope.

6.2.7. Stage micrometer with 0.01-mm subdivisions.

6.2.8. Phase-shift test slide, mark II (Available from PTR optics Ltd., and also McCrone).

6.2.9. Precleaned glass slides, 25 mm X 75 mm. One end can be frosted for convenience in writing sample numbers, etc., or paste-on labels can be used.

6.2.10. Cover glass #1 1/2.

6.2.11. Scalpel (#10, curved blade).

6.2.12. Fine tipped forceps.

6.2.13. Aluminum block for clearing filter (see Appendix D).

6.2.14. Automatic adjustable pipette, 100-to 500-μL.

6.2.15. Micropipette, 5 μL.

6.3. Reagents

6.3.1. Acetone (HPLC grade).

6.3.3. Lacquer or nail polish.

6.4. Standard Preparation

A way to prepare standard asbestos samples of known concentration has not been developed. It is possible to prepare replicate samples of nearly equal concentration. This has been performed through the PAT program. These asbestos samples are distributed by the AIHA to participating laboratories.

Since only about one-fourth of a 25-mm sample membrane is required for an asbestos count, any PAT sample can serve as a “standard” for replicate counting.

6.5. Sample Mounting

See Safety Precautions in Section 6.1. before proceeding. The objective is to produce samples with a smooth (non-grainy) background in a medium with a refractive index of approximately 1.46. The technique below collapses the filter for easier focusing and produces permanent mounts which are useful for quality control and interlaboratory comparison.

An aluminum block or similar device is required for sample preparation.

6.5.1. Heat the aluminum block to about 70 deg.C. The hot block should not be used on any surface that can be damaged by either the heat or from exposure to acetone.

6.5.2. Ensure that the glass slides and cover glasses are free of dust and fibers.

6.5.3. Remove the top plug to prevent a vacuum when the cassette is opened. Clean the outside of the cassette if necessary. Cut the seal and/or tape on the cassette with a razor blade. Very carefully separate the base from the extension cowl, leaving the filter and backup pad in the base.

6.5.4. With a rocking motion cut a triangular wedge from the filter using the scalpel. This wedge should be one-sixth to one-fourth of the filter. Grasp the filter wedge with the forceps on the perimeter of the filter which was clamped between the cassette pieces. DO NOT TOUCH the filter with your finger. Place the filter on the glass slide sample side up. Static electricity will usually keep the filter on the slide until it is cleared.

6.5.5. Place the tip of the micropipette containing about 200 μL acetone into the aluminum block. Insert the glass slide into the receiving slot in the aluminum block. Inject the acetone into the block with slow, steady pressure on the plunger while holding the pipette firmly in place. Wait 3 to 5 seconds for the filter to clear, then remove the pipette and slide from the aluminum block.

6.5.6. Immediately (less than 30 seconds) place 2.5 to 3.5 μL of triacetin on the filter (NOTE: Waiting longer than 30 seconds will result in increased index of refraction and decreased contrast between the fibers and the preparation. This may also lead to separation of the cover slip from the slide).

6.5.7. Lower a cover slip gently onto the filter at a slight angle to reduce the possibility of forming air bubbles. If more than 30 seconds have elapsed between acetone exposure and triacetin application, glue the edges of the cover slip to the slide with lacquer or nail polish.

6.5.8. If clearing is slow, warm the slide for 15 min on a hot plate having a surface temperature of about 50 deg.C to hasten clearing. The top of the hot block can be used if the slide is not heated too long.

6.5.9. Counting may proceed immediately after clearing and mounting are completed.

6.6. Sample Analysis

Completely align the microscope according to the manufacturer's instructions. Then, align the microscope using the following general alignment routine at the beginning of every counting session and more often if necessary.

6.6.1. Alignment

(1) Clean all optical surfaces. Even a small amount of dirt can significantly degrade the image.

(2) Rough focus the objective on a sample.

(3) Close down the field iris so that it is visible in the field of view. Focus the image of the iris with the condenser focus. Center the image of the iris in the field of view.

(4) Install the phase telescope and focus on the phase rings. Critically center the rings. Misalignment of the rings results in astigmatism which will degrade the image.

(5) Place the phase-shift test slide on the microscope stage and focus on the lines. The analyst must see line set 3 and should see at least parts of 4 and 5 but, not see line set 6 or 6. A microscope/microscopist combination which does not pass this test may not be used.

6.6.2. Counting Fibers

(1) Place the prepared sample slide on the mechanical stage of the microscope. Position the center of the wedge under the objective lens and focus upon the sample.

(2) Start counting from one end of the wedge and progress along a radial line to the other end (count in either direction from perimeter to wedge tip). Select fields randomly, without looking into the eyepieces, by slightly advancing the slide in one direction with the mechanical stage control.

(3) Continually scan over a range of focal planes (generally the upper 10 to 15 μm of the filter surface) with the fine focus control during each field count. Spend at least 5 to 15 seconds per field.

(4) Most samples will contain asbestos fibers with fiber diameters less than 1 μm. Look carefully for faint fiber images. The small diameter fibers will be very hard to see. However, they are an important contribution to the total count.

(5) Count only fibers equal to or longer than 5 μm. Measure the length of curved fibers along the curve.

(6) Count fibers which have a length to width ratio of 3:1 or greater.

(7) Count all the fibers in at least 20 fields. Continue counting until either 100 fibers are counted or 100 fields have been viewed; whichever occurs first. Count all the fibers in the final field.

(8) Fibers lying entirely within the boundary of the Walton-Beckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle shall receive a count of 1/2. Do not count any fiber that crosses the graticule boundary more than once. Reject and do not count any other fibers even though they may be visible outside the graticule area. If a fiber touches the circle, it is considered to cross the line.

(9) Count bundles of fibers as one fiber unless individual fibers can be clearly identified and each individual fiber is clearly not connected to another counted fiber. See Figure 1 of this appendix for counting conventions.

(10) Record the number of fibers in each field in a consistent way such that filter non-uniformity can be assessed.

(11) Regularly check phase ring alignment.

(12) When an agglomerate (mass of material) covers more than 25% of the field of view, reject the field and select another. Do not include it in the number of fields counted.

(13) Perform a “blind recount” of 1 in every 10 filter wedges (slides). Re-label the slides using a person other than the original counter.

6.7. Fiber Identification

As previously mentioned in Section 1.3., PCM does not provide positive confirmation of asbestos fibers. Alternate differential counting techniques should be used if discrimination is desirable. Differential counting may include primary discrimination based on morphology, polarized light analysis of fibers, or modification of PCM data by Scanning Electron or Transmission Electron Microscopy.

A great deal of experience is required to routinely and correctly perform differential counting. It is discouraged unless it is legally necessary. Then, only if a fiber is obviously not asbestos should it be excluded from the count. Further discussion of this technique can be found in reference 8.10. If there is a question whether a fiber is asbestos or not, follow the rule: “WHEN IN DOUBT, COUNT.”

6.8. Analytical Recommendations -- Quality Control System

6.8.1. All individuals performing asbestos analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos or an equivalent course.

6.8.2. Each laboratory engaged in asbestos counting shall set up a slide trading arrangement with at least two other laboratories in order to compare performance and eliminate inbreeding of error. The slide exchange occurs at least semiannually. The round robin results shall be posted where all analysts can view individual analyst's results.

6.8.3. Each laboratory engaged in asbestos counting shall participate in the Proficiency Analytical Testing Program, the Asbestos Analyst Registry or equivalent.

6.8.4. Each analyst shall select and count prepared slides from a “slide bank”. These are quality assurance counts. The slide bank shall be prepared using uniformly distributed samples taken from the workload. Fiber densities should cover the entire range routinely analyzed by the laboratory. These slides are counted blind by all counters to establish an original standard deviation. This historical distribution is compared with the quality assurance counts. A counter must have 95% of all quality control samples counted within three standard deviations of the historical mean. This count is then integrated into a new historical mean and standard deviation for the slide.

The analyses done by the counters to establish the slide bank may be used for an interim quality control program if the data are treated in a proper statistical fashion.

7. Calculations

7.1. Calculate the estimated airborne asbestos fiber concentration on the filter sample using the following formula:

Embedded Graphic 08.0152

where:

AC = Airborne fiber concentration

FB = Total number of fibers greater than 5 μm counted

FL = Total number of fields counted on the filter

BFB = Total number of fibers greater than 5 μm counted in the blank

BFL = Total number of fields counted on the blank

ECA = Effective collecting area of filter (385 mm(2) nominal for a 25 - mm filter.)

FR = Pump flow rate (L/min)

MFA = Microscope count field area (mm(2)). This is 0.00785 mm(2) for a Walton-Beckett Graticule.

T = Sample collection time (min)

1,000 = Conversion of L to cc

The collection area of a filter is seldom equal to 385 mm(2). It is appropriate for laboratories to routinely monitor the exact diameter using an inside micrometer. The collection area is calculated according to the formula:

Area = π (d/2)2

7.2. Short-Cut Calculation

Since a given analyst always has the same interpupillary distance, the number of fields per filter for a particular analyst will remain constant for a given size filter. The field size for that analyst is constant (i.e. the analyst is using an assigned microscope and is not changing the reticle).

For example, if the exposed area of the filter is always 385 mm(2) and the size of the field is always 0.00785 mm(2) the number of fields per filter will always be 49,000. In addition it is necessary to convert liters of air to cc. These three constants can then be combined such that ECA/(1,000 x MFA)=49. The previous equation simplifies to:

Embedded Graphic 08.0153

7.3. Recount Calculations

As mentioned in step 13 of Section 6.6.2., a “blind recount” of 10% of the slides is performed. In all cases, differences will be observed between the first and second counts of the same filter wedge. Most of these differences will be due to chance alone, that is, due to the random variability (precision) of the count method. Statistical recount criteria enables one to decide whether observed differences can be explained due to chance alone or are probably due to systematic differences between analysts, microscopes, or other biasing factors.

The following recount criterion is for a pair of counts that estimate AC in fibers/cc. The criterion is given at the type-I error level. That is, there is 5% maximum risk that we will reject a pair of counts for the reason that one might be biased, when the large observed difference is really due to chance.

Reject a pair of counts if:

Embedded Graphic 08.0154

Where:

AC(1) = lower estimated airborne fiber concentration

AC(2) = higher estimated airborne fiber concentration

AC(avg) = average of the two concentration estimates

CV(FB) = CV for the average of the two concentration estimates

If a pair of counts are rejected by this criterion then, recount the rest of the filters in the submitted set. Apply the test and reject any other pairs failing the test. Rejection shall include a memo to the industrial hygienist stating that the sample failed a statistical test for homogeneity and the true air concentration may be significantly different than the reported value.

7.4. Reporting Results

Report results to the industrial hygienist as fibers/cc. Use two significant figures. If multiple analyses are performed on a sample, an average of the results is to be reported unless any of the results can be rejected for cause.

8. References

8.1. Dreesen, W.C., et al., U.S. Public Health Service: A Study of Asbestosis in the Asbestos Textile Industry (Public Health Bulletin No. 241), U.S. Treasury Dept., Washington, DC, 1938.

8.2. Asbestos Research Council: The Measurement of Airborne Asbestos Dust by the Membrane Filter Method (Technical Note), Asbestos Research Council, Rockdale, Lancashire, Great Britain, 1969.

8.3. Bayer, S.G., Zumwalde, R.D., Brown, T.A., Equipment and Procedure for Mounting Millipore Filters and Counting Asbestos Fibers by Phase Contrast Microscopy, Bureau of Occupational Health, U.S. Dept. of Health, Education and Welfare, Cincinnati, OH, 1969.

8.4. NIOSH Manual of Analytical Methods, 2nd ed., Vol. 1 (DHEW/ NIOSH Pub. No. 77-157-A). National Institute for Occupational Safety and Health, Cincinnati, OH, 1977. pp. 239-1 -- 239-21.

8.5. Asbestos, Code of Federal Regulations 29 CFR 1910.1001. 1971.

8.6. Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite. Final Rule, Federal Register 51:119 (20 June 1986). pp. 22612-22790.

8.7. Asbestos, Tremolite, Anthophyllite, and Actinolite, Code of Federal Regulations 1910.1001. 1988. pp. 711-752.

8.8. Criteria for a Recommended Standard -- Occupational Exposure to Asbestos (DHEW/NIOSH Pub. No. HSM 72-10267), National Institute for Occupational Safety and Health, NIOSH, Cincinnati, OH, 1972. pp. III-1 -- III-24.

8.9. Leidel, N.A., Bayer, S.G., Zumwalde, R.D., Busch, K.A., USPHS/NIOSH Membrane Filter Method for Evaluating Airborne Asbestos Fibers (DHEW/NIOSH Pub. No. 79-127). National Institute for Occupational Safety and Health, Cincinnati, OH, 1979.

8.10. Dixon, W.C., Applications of Optical Microscopy in Analysis of Asbestos and Quartz, Analytical Techniques in Occupational Health Chemistry, edited by D.D. Dollberg and A.W. Verstuyft. Wash. D.C.: American Chemical Society, (ACS Symposium Series 120) 1980. pp. 13-41.

Quality Control

The OSHA asbestos regulations require each laboratory to establish a quality control program. The following is presented as an example of how the OSHA-SLTC constructed its internal CV curve as part of meeting this requirement. Data is from 395 samples collected during OSHA compliance inspections and analyzed from October 1980 through April 1986.

Each sample was counted by 2 to 5 different counters independently of one another. The standard deviation and the CV statistic was calculated for each sample. This data was then plotted on a graph of CV vs. fibers/mm2. A least squares regression was performed using the following equation:

CV = antilog10 [A(log10(x))2+B(log10(x))+C]

where:

x = the number of fibers/mm2

Application of least squares gave:

A = 0.182205

B = 0.973343

C = 0.327499

Using these values, the equation becomes:

CV = antilog10 [0.182205(log10(x))2 + 0.973343(log10(x)) + 0.327499]

Sampling Pump Flow Rate Corrections

This correction is used if a difference greater than 5% in ambient temperature and/or pressure is noted between calibration and sampling sites and the pump does not compensate for the differences.

Embedded Graphic 08.0155

Where:

Q(act) = actual flow rate

Q(cal) = calibrated flow rate (if a rotameter was used, the rotameter value)

P(cal) = uncorrected air pressure at calibration

P(act) = uncorrected air pressure at sampling site

T(act) = temperature at sampling site (K)

T(cal) = temperature at calibration (K)

Walton-Beckett Graticule

When ordering the Graticule for asbestos counting, specify the exact disc diameter needed to fit the ocular of the microscope and the diameter (mm) of the circular counting area. Instructions for measuring the dimensions necessary are listed:

(1) Insert any available graticule into the focusing eyepiece and focus so that the graticule lines are sharp and clear.

(2) Align the microscope.

(3) Place a stage micrometer on the microscope object stage and focus the microscope on the graduated lines.

(4) Measure the magnified grid length, PL (μm), using the stage micrometer.

(5) Remove the graticule from the microscope and measure its actual grid length, AL (mm). This can be accomplished by using a mechanical stage fitted with verniers, or a jeweler's loupe with a direct reading scale.

(6) Let D = 100 μm. Calculate the circle diameter, d(c)(mm), for the Walton-Beckett graticule and specify the diameter when making a purchase:

Embedded Graphic 08.0156

Example: If PL = 108 μm, AL = 2.93 mm and D = 100 μm, then,

Embedded Graphic 08.0157

(7) Each eyepiece-objective-reticle combination on the microscope must be calibrated. Should any of the three be changed (by zoom adjustment, disassembly, replacement, etc.), the combination must be recalibrated. Calibration may change if interpupillary distance is changed.

Measure the field diameter, D (acceptable range: 100 plus or minus 2 μm) with a stage micrometer upon receipt of the graticule from the manufacturer. Determine the field area (mm(2)).

Field Area = π(D/2)2

If D = 100 μm = 0.1 mm, then

Field Area = π(0.1 mm/2)2 = 0.00785mm2

The Graticule is available from: Graticules Ltd., Morley Road, Tonbridge TN9 IRN, Kent, England (Telephone 011-44-732-359061). Also available from PTR Optics Ltd., 145 Newton Street, Waltham, MA 02154 [telephone (617) 891-6000] or McCrone Accessories and Components, 2506 S. Michigan Ave., Chicago, IL 60616 [phone (312)- 842-7100]. The graticule is custom made for each microscope.

Embedded Graphic 08.0158

Figure 1: Walton-Beckett Graticule with some explanatory fibers.

Counts for the Fibers in the Figure

Structure No. Count Explanation

1 to 6 1 Single fibers all contained within the Circle. 7 1/2 Fiber crosses circle once.

8 0 Fiber too short.

9 2 Two crossing fibers.

10 0 Fiber outside graticule.

11 0 Fiber crosses graticule twice.

12 1/2 Although split, fiber only crosses once.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix B to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1 (Register 91, No. 45).

3. Editorial correction of Appendix B (Register 95, No. 41).

4. Repealer and new appendix and Note filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

5. Change without regulatory effect providing more legible Figure 1 filed 1-20-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 4).

Appendix C

Qualitative and Quantitative Fit Testing Procedures, Mandatory

[See Section 5144, Appendix A]

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix C to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Amendment of appendix and Note filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

4. Amendment repealing Appendix C and adding editorial reference filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

Appendix D

Medical Questionnaires Manditory

This mandatory appendix contains the medical questionnaires that must be administered to all employees who are exposed to asbestos above the permissible exposure limit, and who will therefore be included in their employer's medical surveillance program. Part 1 of the appendix contains the Initial Medical Questionnaire, which must be obtained for all new hires who will be covered by the medical surveillance requirements. Part 2 includes the abbreviated Periodical Medical Questionnaire, which must be administered to all employees who are provided periodic examinations under the medical surveillance provisions of the standard.

Part 1 INITIAL MEDICAL QUESTIONNAIRE

1. NAME 2. SOCIAL SECURITY #

1 2 3 4 5 6 7 8 9

3. CLOCK NUMBER

10 11 12 13 14 15 4. PRESENT OCCUPATION 5. PLANT 6. ADDRESS 7. (Zip Code) 8. TELEPHONE NUMBER 9. INTERVIEWER

10. DATE

16 17 18 19 20 21

11. Date of Birth

Month Day Year 22 23 24 25 26 27

12. Place of Birth 13 Sex 1. Male 2. Female 14. What is your marital status? 1. Single 4. Separated/ 2. Married Divorced 3. Widowed

15. Race 1. White 4. Hispanic 2. Black 5. Indian 3. Asian 6. Other

16. What is the highest grade completed in school?

(For example 12 years is completion of high school)

OCCUPATIONAL HISTORY

17A. Have you ever worked full time (30 hours 1. Yes 2. No

per week or more) for 6 months or more?

IF YES TO 17A:

B. Have you ever worked for a year or more in 1. 2.

any dusty job? 3. Does Not Apply

Specify job/industry Total Years Worked

Was dust exposure: 1. Mild __ 2. Moderate __ 3. Severe __

C. Have you even been exposed to gas or 1. Yes 2. No chemical fumes in your work? Specify job/industry Total Years Worked Was exposure: 1. Mild __ 2. Moderate __ 3. Severe __ D. What has been your usual occupation or job--the one you have worked at the longest? 1. Job occupation 2. Number of years employed in this occupation 3. Position/job title 4. Business, field or industry (Record on lines the years in which you have worked in any of these industries. e.g. 1960-1969)

Embedded Graphic 08.0159

19. CHEST COLDS AND CHEST ILLNESSES

19A. If you get a cold, does it usually go to your chest? (Usually 1. Yes __ 2. No __

means more than 1/2 the time) 3. Don't get colds __

20A. During then past 3 years, have you had any chest illnesses 1. Yes __ 2. No __

that have kept you off work, indoors at home, or in bed?

IF YES TO 20A

B. Did you produce phlegm with any of these chest illnesses? 1. Yes __ 2. No __

3. Does not apply __

C. In the last 3 years, how many such illnesses with (increased) Number of illnesses __

phlegm did you have which lasted a week or more? No such illnesses __

21. Did you have any lung trouble before the age of 16? 1. Yes __ 2. No __

22. Have you ever had any of the following?

1A. Attacks of bronchitis? 1. Yes __ 2. No __

IF YES TO 1A:

B. Was it confirmed by a doctor? 1. Yes __ 2. No __

3. Does Not Apply __

C. At what age was your first attack? Age in Years __

Does Not Apply __

2A. Pneumonia (include bronchopneumonia)? 1. Yes __ 2. No __

IF YES TO 2A:

B. Was it confirmed by a doctor? 1. Yes __ 2. No __

3. Does Not Apply __

C. At what age did you first have it? Age in Years __

Does Not Apply __

3A. Hay fever? 1. Yes __ 2. No __

IF YES TO 3A:

B. Was it confirmed by a doctor? 1. Yes __ 2. No __

3. Does Not Apply __

C. At what age did it start? Age in Years __

Does Not Apply __

23A. Have you ever had chronic bronchitis? 1. Yes __ 2. No __

IF YES TO 23A:

B. Do you still have it? 1. Yes __ 2. No __

3. Does Not Apply __

C. Was it confirmed by a doctor? 1. Yes __ 2. No __

3. Does Not Apply __

D. At what age did it start? Age in Years __

Does Not Apply __

24A. Have you ever had emphysema? 1. Yes __ 2. No __

IF YES TO 24A:

B. Do you still have it? 1. Yes __ 2. No __

3. Does Not Apply __

C. Was it confirmed by a doctor? 1. Yes __ 2. No __

3. Does Not Apply __

D. At what age did it start? Age in Years __

Does Not Apply __

25A. Have you ever had asthma? 1. Yes __ 2. No __

IF YES TO 25A:

B. Do you still have it? 1. Yes __ 2. No __

3. Does Not Apply __

C. Was it confirmed by a doctor? 1. Yes __ 2. No __

3. Does Not Apply __

D. At what age did it start? Age in Years __

Does Not Apply __

E. If you no longer have it, at what age did it stop? Age stopped __

Does Not Apply __

26. Have you ever had:

A. Any other chest illness? 1. Yes __ 2. No __

If yes, please specify

B. Any chest operations? 1. Yes __ 2. No __

If yes, please specify

C. Any chest injuries? 1. Yes __ 2. No __

If yes, please specify

27A. Has a doctor ever told you that you had heart trouble? 1. Yes __ 2. No __

IF YES TO 27A:

B. Have you ever had treatment for heart trouble in the 1. Yes __ 2. No __

past 10 years? 3. Does not apply __

28A. Has a doctor ever told you that you had high blood pressure? 1. Yes __ 2. No __

IF YES TO 28A:

B. Have you ever had treatment for high blood pressure 1. Yes __ 2. No __

(hypertension) in the past 10 years? 3. Does not apply __

29. When did you last have your chest X-rayed? (Year)

25 26 27 28

30. Where did you last have your chest X-rayed (if known)?

What was the outcome?

FAMILY HISTORY

31. Were either of your natural parents ever told by a doctor that they had a chronic lung condition such as:

FATHER MOTHER

1. Yes 2. No 3. Don't 1. Yes 2. No 3. Don't

Know Know

A. Chronic

Bronchitis?

B. Emphysema?

C. Asthma?

D. Lung cancer?

E. Other chest conditions?

F. Is parent currently alive?

G. Please Specify Age if Living Age if Living

Age at Death Age at Death

Don't Know Don't Know

H. Please specify cause of death

COUGH

32A. Do you usually have a cough? (Count a cough with first 1. Yes __ 2. No __

smoke or on first going out of doors. Exclude clearing of

throat.) [If no, skip to question 32C.]

B. Do you usually cough as much as 4 to 6 times a day 1. Yes __ 2. No __

4 or more days out of the week?

C. Do you usually cough at all on getting up or first thing in 1. Yes __ 2. No __

the morning?

D. Do you usually cough at all during the rest of the day 1. Yes __ 2. No __

or at night?

IF YES TO ANY OF ABOVE (32A, B, C, OR D), ANSWER THE FOLLOWING. IF NO TO ALL, CHECK DOES NOT APPLY AND SKIP TO NEXT PAGE.

E. Do you usually cough like this on most days for 3 1. Yes __ 2. No __

consecutive months or more during the year? 3. Does not apply __

F. For how many years have you had the cough? Number of Years __

Does Not Apply __

33A. Do you usually bring up phlegm from your chest? 1. Yes __ 2. No __

(Count phlegm with the first smoke or on first

going out of doors. Exclude phlegm from the nose.

Count swallowed phlegm.) (If no, skip to 33C)

B. Do you usually bring up phlegm like this as much 1. Yes __ 2. No __

as twice a day 4 or more days out of the week?

C. Do you usually bring up phlegm at all on getting 1. Yes __ 2. No __

up or first thing in the morning?

D. Do you usually bring up phlegm at all during 1. Yes __ 2. No __

the rest of the day or at night?

IF YES TO ANY OF THE ABOVE (33A, B, C, OR D), ANSWER THE FOLLOWING:

IF NO TO ALL, CHECK DOES NOT APPLY AND SKIP TO 34A.

E. Do you bring up phlegm like this on most days 1. Yes __ 2. No __

for 3 consecutive months or more during the year? 3. Does not apply __

F. For how many years have you had trouble with phlegm? Number of years __

Does not apply __

EPISODES OF COUGH AND PHLEGM

34A. Have you had periods or episodes of (increased*) cough 1. Yes __ 2. No __

and phlegm lasting for 3 weeks or more each year?

*(For persons who usually have cough and/or phlegm)

IF YES TO 34A

B. For how long have you had at least 1 such episode per year? Number of years __

Does not apply __

WHEEZING

35A. Does you chest ever sound wheezy or whistling

1. When you have a cold? 1. Yes __ 2. No __

2. Occasionally apart from colds? 1. Yes __ 2. No __

3. Most days or nights? 1. Yes __ 2. No __

IF YES TO 1, 2, or 3 in 35A

B. For how many years has this been present? Number of years __

Does not apply __

36A. Have you ever had an attack of wheezing that has made you 1. Yes __ 2. No __

feel short of breath?

B. How old were you when you had your first such attack? Age in years __

Does not apply __

C. Have you had 2 or more such episodes? 1. Yes __ 2. No __

3. Does not apply __

D. Have you ever required medicine or treatment 1. Yes __ 2. No __

for the(se) attack(s)? 3. Does not apply __

BREATHLESSNESS

37. If disabled from walking by any condition other

than heart or lung disease, please describe and

proceed to question 39A.

Nature of condition(s)

38A. Are you troubled by shortness of breath when 1. Yes __ 2. No __

hurrying on the level or walking up a slight hill?

IF YES TO 38A

B. Do you have a walk slower than people of your age 1. Yes __ 2. No __

on the level because of breathlessness? 3. Does not apply __

C. Do you ever have to stop for breath when walking at 1. Yes __ 2. No __

your own pace on the level? 3. Does not apply __

D. Do you ever have to stop for breath after walking 1. Yes __ 2. No __

about 100 yards (or after a few minutes) on the level? 3. Does not apply __

E. Are you too breathless to leave the house or 1. Yes __ 2. No __

breathless on dressing or climbing one flight of stairs? 3. Does not apply __

TOBACCO SMOKING

39A. Have you ever smoked cigarettes? (No means less than 20 1. Yes __ 2. No __

packs of cigarettes or 12 oz. of tobacco in a lifetime or

less than 1 cigarette a day for 1 year.)

IF YES TO 39A

B. Do you now smoke cigarettes (as of one month ago) 1. Yes __ 2. No __

3. Does not apply __

C. How old were you when you first started regular Age in years __

cigarette smoking? Does not apply __

D. If you have stopped smoking cigarettes completely, Age stopped __

how old were you when you stopped? Check if still

smoking __

Does not apply __

E. How many cigarettes do you smoke per day now? Cigarettes per day __

Does not apply __

F. On the average of the entire time you smoked, how Cigarettes per day __

many cigarettes did you smoke per day? Does not apply __

G. Do or did you inhale the cigarette smoke? 1. Does not apply __

2. Not at all __

3. Slightly __

4. Moderately __

5. Deeply __

40A. Have you ever smoked a pipe regularly? 1. Yes __ 2. No __

(Yes means more than 12 oz. of tobacco in a

lifetime.)

IF YES TO 40A:

B. 1. How old were you when you started to smoke a pipe regularly? Age __

2. If you have stopped smoking a pipe completely, how old were Age stopped __

you when you stopped? Check of still smoking

pipe __

Does not apply __

C. On the average over the entire time you smoked a pipe, __ oz. per week (a standard pouch

how much pipe tobacco did you smoke per week? of tobacco contains 1 1/2 oz.)

__ Does not apply

D. How much pipe tobacco are you smoking now? oz. per week __

Not currently

smoking a pipe __

E. Do you or did you inhale the pipe smoke? 1. Never smoked __

2. Not at all __

3. Slightly __

4. Moderately __

5. Deeply __

41A. Have you ever smoked cigars regularly? 1. Yes __ 2. No __

(Yes means more than 1 cigar a week for a year)

IF YES TO 41A

FOR PERSONS WHO HAVE EVER SMOKED CIGARS

B. 1. How old were you when you started smoking cigars regularly? Age __

2. If you have stopped smoking cigars completely, how old were Age stopped __

you when you stopped? Check if still

smoking cigars __

Does not apply __

C. On the average over the entire time you smoked cigars, Cigars per week __

how many cigars did you smoke per week? Does not apply __

D. How many cigars are you smoking per week now? Cigars per week __

Check if not

smoking cigars

currently __

E. Do or did you inhale the cigar smoke? 1. Never smoked __

2. Not at all __

3. Slightly __

4. Moderately __

5. Deeply __

Signature Date

Part 2

PERIODIC MEDICAL QUESTIONNAIRE

1. NAME

2. SOCIAL SECURITY #

1 2 3 4 5 6 7 8 9

3. CLOCK NUMBER

10 11 12 13 14 15

4. PRESENT OCCUPATION

5. PLANT

6. ADDRESS

(Zip Code)

8. TELEPHONE NUMBER

9. INTERVIEWER

10. DATE

16 17 18 19 20 21

11. What is your marital status? 1. Single 4. Separated/

2. Married Divorced

3. Widowed

12. OCCUPATIONAL HISTORY

12A. In the past year, did you work full time (30 hours 1. Yes __ 2. No __

per week or more) for 6 months or more?

IF YES TO 12A:

12B. In the past year, did you work in a dusty job? 1. Yes __ 2. No __

3. Does not apply __

12C. Was dust exposure: 1. Mild 2. Moderate 3. Severe

12D. In the past year, were you exposed to gas or 1. Yes __ 2. No __

chemical fumes in your work?

12E. Was exposure: 1. Mild 2. Moderate 3. Severe

12F. In the past year,

what was your: 1. Job/occupation?

2. Position/job title?

13. RECENT MEDICAL HISTORY

13A. Do you consider yourself to be in good heath? Yes __ No __

IF NO, state reason

13B. In the past year, have you developed: Yes No

Epilepsy? ___ ___

Rheumatic fever? ___ ___

Kidney disease? ___ ___

Bladder disease? ___ ___

Diabetes? ___ ___

Jaundice? ___ ___

Cancer? ___ ___

14. CHEST COLDS AND CHEST ILLNESSES

14A. If you get a cold, does it usually go to your chest?

(Usually means more than 1/2 the time)

1. Yes __ 2 No. __

3. Don't get colds __

15A. During the past year, have you had any chest illnesses 1. Yes __ 2 No. __

that have kept you off work, indoors at home, or in bed? 3. Does Not Apply __

IF YES TO 15A:

15B. Did you produce phlegm with any of these chest illnesses? 1. Yes __ 2 No. __

3. Does Not Apply __

15C. In the past year, how many such illnesses with (increased) Number of illnesses __

phlegm did you have which lasted a week or more? No such illnesses __

16. RESPIRATORY SYSTEM

In the past year have you had:

Yes or No Further Comment on Positive

Answers

Asthma ____

Bronchitis ____

Hay Fever ____

Other Allergies ____

Yes or No Further Comment on Positive

Answers

Pneumonia ____

Tuberculosis ____

Chest Surgery ____

Other Lung Problems ____

Heart Disease ____

Do you have:

Yes or No Further Comment on Positive

Answers

Frequent colds ____

Chronic cough ____

Shortness of breath when

walking or climbing one

flight of stairs ____

Do you:

Wheeze ____

Cough up phlegm ____

Smoke cigarettes ____ Packs per day ____ How many years ____

Date Signature

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix D to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Amendment of appendix and Note filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

4. Editorial correction of Part 1, No. 16 (Register 99, No. 28).

Appendix E

Interpretation and Classification of Chest Roentgenograms

Mandatory

(a) Chest roentgenograms shall be interpreted and classified in accordance with a professionally accepted classification system and recorded on an interpretation form following the format of the CDC/NIOSH (M) 2.8 form. As a minimum, the content within the bold lines of this form (items 1 through 4) shall be included. This form is not to be submitted to NIOSH.

(b) Roentgenograms shall be interpreted and classified only by a B-reader, a board eligible/certified radiologist, or an experienced physician with known expertise in pneumoconioses.

(c) All interpreters, whenever interpreting chest roentgenograms made under this section, shall have immediately available for reference a complete set of the ILO-U/C International Classification of Radiographs for Pneumoconioses, 1980.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix E to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Amendment of appendix and Note filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

Appendix F

Work Practices and Engineering Controls for Class I Asbestos Operations (Non-mandatory)

This is a non-mandatory appendix to the asbestos standards for construction and for shipyards. It describes criteria and procedures for erecting and using negative pressure enclosures for Class I Asbestos Work, when NPEs are used as an allowable control method to comply with subsection (g)(5)(A) of this section. Many small and variable details are involved in the erection of a negative pressure enclosure. OSHA and most participants in the rulemaking agreed that only the major, more performance oriented criteria should be made mandatory. These criteria are set out in subsection (g) of this section. In addition, this appendix includes these mandatory specifications and procedures in its guidelines in order to make this appendix coherent and helpful. The mandatory nature of the criteria which appear in the regulatory text is not changed because they are included in this “non-mandatory” appendix. Similarly, the additional criteria and procedures included as guidelines in the appendix, do not become mandatory because mandatory criteria are also included in these comprehensive guidelines.

Requirements included in this appendix, cover general provisions to be followed in all asbestos jobs, provisions which must be followed for all Class I asbestos jobs, and provisions governing the construction and testing of negative pressure enclosures. The first category includes the requirement for use of wet methods, HEPA vacuums, and immediate bagging of waste; Class I work must conform to the following provisions:

* oversight by competent person

* use of critical barriers over all openings to work area

* isolation of HVAC systems

* use of impermeable dropcloths and coverageof all objects within regulated areas

In addition, more specific requirements for NPEs include:

* maintenance of -0.02 inches water gauge within enclosure

* manometric measurements

* air movement away from employees performing removal work

* smoke testing or equivalent for detection of leaks and air direction

* deactivation of electrical circuits, if not provided with ground-fault circuit interrupters.

Planning the Project

The standard requires that an exposure assessment be conducted before the asbestos job is begun [Subsection 1529(f)(1)]. Information needed for that assessment, includes data relating to prior similar jobs, as applied to the specific variables of the current job. The information needed to conduct the assessment will be useful in planning the project, and in complying with any reporting requirements under this standard, when significant changes are being made to a control system listed in the standard, [see also those of USEPA (40 CFR 61, subpart M). Thus, although the standard does not explicitly require the preparation of a written asbestos removal plan, the usual constituents of such a plan, i.e., a description of the enclosure, the equipment, and the procedures to be used throughout the project, must be determined before the enclosure can be erected. The following information should be included in the planning of the system:

A physical description of the work area;

A description of the approximate amount of material to be removed;

A schedule for turning off and sealing existing ventilation systems;

Personnel hygiene procedures;

A description of personal protective equipment and clothing to be worn by employees;

A description of the local exhaust ventilation systems to be used and how they are to be tested;

A description of work practices to be observed by employees;

An air monitoring plan;

A description of the method to be used to transport waste material; and

The location of the dump site.

Materials and Equipment Necessary for Asbestos Removal

Although individual asbsetos removal projects vary in terms of the equipment required to accomplish the removal of the materials, some equipment and materials are common to most asbestos removal operations.

Plastic sheeting used to protect horizontal surfaces, seal HVAC openings or to seal vertical openings and ceilings should have a minimum thickness of 6 mils. Tape or other adhesive used to attach plastic sheeting should be of sufficient adhesive strength to support the weight of the material plus all stresses encountered during the entire duration of the project without becoming detached from the surface.

Other equipment and materials which should be available at the beginning of each project are:

-- HEPA Filtered Vacuum is essential for cleaning the work area after the asbestos has been removed. It should have a long hose capable of reaching out-of-the-way places, such as areas above ceiling tiles, behind pipes, etc.

-- Portable air ventilation systems installed to provide the negative air pressure and air removal from the enclosure must be equipped with a HEPA filter. The number and capacity of units required to ventilate an enclosure depend on the size of the area to be ventilated. The filters for these systems should be designed in such a manner that they can be replaced when the air flow is reduced by the build-up of dust in the filtration material. Pressure monitoring devices with alarms and strip chart recorders attached to each system to indicate the pressure differential and the loss due to dust buildup on the filter are recommended.

-- Water sprayers should be used to keep the asbsetos material as saturated as possible during removal; the sprayers will provide a fine mist that minimizes the impact of the spray on the material.

-- Water used to saturate the asbestos containing material can be amended by adding at least 15 milliliters (1/4 ounce) of wetting agent in 1 liter (1 pint) of water. An example of a wetting agent is a 50/50 mixture of polyoxyethylene ether and polyoxyethylene polyglycol ester.

-- Backup power supplies are recommended, especially for ventilation systems.

-- Shower and bath water should be with mixed hot and cold water faucets. Water that has been used to clean personnel or equipment should either be filtered or be collected and discarded as asbestos waste. Soap and shampoo should be provided to aid in removing dust from the workers' skin and hair.

-- See subsections (h) and (i) of this section for appropriate respiratory protection and protective clothing.

-- See subsection (k) of this section for required signs and labels.

Preparing the Work Area

Disabling the HVAC Systems: The power to the heating, ventilation and air conditioning systems that service the restricted area must be deactivated and locked off. All ducts, grills, access ports, windows and vents must be sealed off with two layers of plastic to prevent entrainment of contaminated air.

Operating HVAC Systems in the Restricted Area: If components of a HVAC system located in the restricted area are connected to a system that will service another zone during the project, the portion of the duct in the restricted area must be sealed and pressurized. Necessary precautions include caulking the duct joints, covering all cracks and openings with two layers of sheeting, and pressurizing the duct throughout the duration of the project by restricting the return of air flow. The power to the fan supplying the positive pressure should be locked “on” to prevent pressure loss.

Sealing Elevators: If an elevator shaft is located in the restricted area, it should be either shut down or isolated by sealing with two layers of plastic sheeting. The sheeting should provide enough slack to accommodate the pressure changes in the shaft without breaking the air-tight seal.

Removing Mobile Objects: All movable objects should be cleaned and removed from the work area before an enclosure is constructed unless moving the objects creates a hazard. Mobile objects will be assumed to be contaminated and should be either cleaned with amended water and a HEPA vacuum and then removed from the area or wrapped and then disposed of as hazardous waste.

Cleaning and Sealing Surfaces: After cleaning with water and a HEPA vacuum, surfaces of stationary objects should be covered with two layers of plastic sheeting. The sheeting should be secured with duct tape or an equivalent method to provide a tight seal around the object.

Bagging Waste: In addition to the requirement for immediate bagging of waste for disposal, it is further recommended that the waste material be double-bagged and sealed in plastic bags designed for asbestos disposal. The bags should be stored in a waste storage area that can be controlled by the workers conducting the removal. Filters removed from handling units and rubbish removed from the area are to be bagged and handled as hazardous waste.

Constructing the Enclosure

The enclosure should be constructed to provide an air-tight seal around ducts and openings into existing ventilation systems and around penetrations for electrical conduits, telephone wires, water lines, drain pipes, etc. Enclosures should be both airtight and watertight except for those openings designed to provide entry and/or air flow control.

Size: An enclosure should be the minimum volume to encompass all of the working surfaces yet allow unencumbered movement by the worker(s), provide unrestricted air flow past the worker(s), and ensure walking surfaces can be kept free of tripping hazards.

Shape: The enclosure may be any shape that optimizes the flow of ventilation air past the worker(s).

Structural Integrity: The walls, ceilings and floors must be supported in such a manner that portions of the enclosure will not fall down during normal use.

Openings: It is not necessary that the structure be airtight; openings may be designed to direct air flow. Such openings should be located at a distance from active removal operations. They should be designed to draw air into the enclosure under all anticipated circumstances. In the event that negative pressure is lost, they should be fitted with either HEPA filters to trap dust or automatic trap doors that prevent dust from escaping the enclosure. Openings for exits should be controlled by an airlock or a vestibule.

Barrier Supports: Frames should be constructed to support all unsupported spans of sheeting.

Sheeting: Walls, barriers, ceilings and floors should be lined with two layers of plastic sheeting having a thickness of at least 6 mil.

Seams: Seams in the sheeting material should be minimized to reduce the possibilities of accidental rips and tears in the adhesive or connections. All seams in the sheeting should overlap, be staggered and not be located at corners or wall-to-floor joints.

Areas Within an Enclosure: Each enclosure consists of a work area, a decontamination area, and waste storage area. The work area where the asbestos removal operations occur should be separated from both the waste storage area and the contamination control area by physical curtains, doors, and/or airflow patterns that force any airborne contamination back into the work area.

See subsection (j) of this section for requirements for hygiene facilities.

During egress from the work area, each worker should step into the equipment room, clean tools and equipment, and remove gross contamination from clothing by wet cleaning and HEPA vacuuming. Before entering the shower area, foot coverings, head coverings, hand coverings and coveralls are removed and placed in impervious bags for disposal or cleaning. Airline connections from airline respirators with HEPA disconnects and power cables from powered air-purifying respirators (PAPRs) will be disconnected just prior to entering the showering room.

Establishing Negative Pressure Within the Enclosure

Negative Pressure: Air is to be drawn into the enclosure under all anticipated conditions and exhausted through a HEPA filter for 24 hours a day during the entire duration of the project.

Air Flow Tests: Air flow patterns will be checked before removal operations begin, at least once per operating enclosure. The primary test for air flow is to trace air currents with smoke tubes or other visual methods. Flow checks are made at each opening and at each doorway to demonstrate that air is being drawn into the enclosure and to each worker's position to show that air is being drawn away from the breathing zone.

Monitoring Pressure Within the Enclosure: After the initial air flow patterns have been checked, the static pressure must be monitored within the enclosure. Monitoring may be made using manometers, pressure gauges, or combinations of these devices. It is recommended that they be attached to alarms and strip chart recorders at points identified by the design engineer.

Corrective Actions: If the manometers or pressure gauges demonstrate a reduction in pressure differential below the required level, work should cease and the reason for the change investigated and appropriate changes made. The air flow patterns should be retested before work begins again.

Pressure Differential: The design parameters for static pressure differentials between the inside and outside of enclosures typically range from 0.02 to 0.10 inches of water gauge, depending on conditions. All zones inside the enclosure must have less pressure than the ambient pressure outside of the enclosure (-0.02 inches water gauge differential). Design specifications for the differential vary according to the size, configuration, and shape of the enclosure as well as ambient and mechanical air pressure conditions around the enclosure.

Air Flow Patterns: The flow of air past each worker shall be enhanced by positioning the intakes and exhaust ports to remove contaminated air from the worker's breathing zone, by positioning HEPA vacuum cleaners to draw air from the worker's breathing zone, by forcing relatively uncontaminated air past the worker toward an exhaust port, or by using a combination of methods to reduce the worker's exposure.

Air Handling Unit Exhaust: The exhaust plume from air handling units should be located away from adjacent personnel and intakes for HVAC systems.

Air Flow Volume: The air flow volume (cubic meters per minute) exhausted (removed) from the workplace must exceed the amount of makeup air supplied to the enclosure. The rate of air exhausted from the enclosure should be designed to maintain a negative pressure in the enclosure and air movement past each worker. The volume of air flow removed from the enclosure should replace the volume of the container at every 5 to 15 minutes. Air flow volume will need to be relatively high for large enclosures, enclosures with awkward shapes, enclosures with multiple openings, and operations employing several workers in the enclosure.

Air Flow Velocity: At each opening, the air flow velocity must visibly “drag” air into the enclosure. The velocity of the air flow within the enclosure must be adequate to remove airborne contamination from each worker's breathing zone without disturbing the asbestos-containing material on surfaces.

Airlocks: Airlocks are mechanisms on doors and curtains that control the air flow patterns in the doorways. If air flow occurs, the patterns through doorways must be such that the air flows toward the inside of the enclosure. Sometimes vestibules, double doors, or double curtains are used to prevent air movement through the doorways. To use a vestibule, a worker enters a chamber by opening the door or curtain and then closing the entry before opening the exit door or curtain.

Airlocks should be located between the equipment room and shower room, between the shower room and the clean room, and between the waste storage area and the outside of the enclosure. The air flow between the adjacent rooms must be checked using smoke tubes or other visual tests to ensure the flow patterns draw air toward the work area without producing eddies.

Monitoring for Airborne Concentrations

In addition to the breathing zone samples taken as outlined in subsection (f) of this section, samples of air should be taken to demonstrate the integrity of the enclosure, the cleanliness of the clean room and shower area, and the effectiveness of the HEPA filter. If the clean room is shown to be contaminated, the room must be relocated to an uncontaminated area.

Samples taken near the exhaust of portable ventilation systems must be done with care.

General Work Practices

Preventing dust dispersion is the primary means of controlling the spread of asbestos within the enclosure. Whenever practical, the point of removal should be isolated, enclosed, covered, or shielded from the workers in the area. Waste asbestos containing materials must be bagged during or immediately after removal; the material must remain saturated until the waste container is sealed.

Waste material with sharp points or corners must be placed in hard airtight containers rather than bags.

Whenever possible, large components should be sealed in plastic sheeting and removed intact.

Bags or containers of waste will be removed to the waste holding area, washed, and wrapped in a bag with the appropriate labels.

Cleaning the Work Area

Surfaces within the work area should be kept free of visible dust and debris to the extent feasible. Whenever visible dust appears on surfaces, the surfaces within the enclosure must be cleaned by wiping with a wet sponge, brush, or cloth and then vacuumed with a HEPA vacuum.

All surfaces within the enclosure should be cleaned before the exhaust ventilation system is deactivated and the enclosure is disassembled. An approved encapsulant may be sprayed onto areas after the visible dust has been removed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix F to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Repealer and new appendix and Note filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

Appendix G

NOTE

Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9030, and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9030, and 9040, Labor Code, and Section 25910, Health and Safety Code.

HISTORY

1. New Appendix G to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Editorial correction of Figure G-1 (Register 95, No. 36).

4. Repealer of appendix filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

Appendix H

Substance Technical Information for Asbestos

Non-Mandatory

I. Substance Identification

A. Substance: “Asbestos” is the name of a class of magnesium-silicate minerals that occur in fibrous form. Minerals that are included in this group are chrysotile, crocidolite, amosite, anthophyllite asbestos, tremolite asbestos, and actinolite asbestos.

B. Asbestos is used in the manufacture of heat-resistant clothing, automotive brake and clutch linings, and a variety of building materials including floor tiles, roofing felts, ceiling tiles, asbestos-cement pipe and sheet, and fire-resistant drywall. Asbestos is also present in pipe and boiler insulation materials, and in sprayed-on materials located on beams, in crawlspaces, and between walls.

C. The potential for an asbestos-containing product to release breathable fibers depends on its degree of friability. Friable means that the material can be crumbled with hand pressure and is therefore likely to emit fibers. The fibrous fluffy sprayed-on materials used for fireproofing, insulation, or sound proofing are considered to be friable, and they readily release airborne fibers if disturbed. Materials such as vinyl-asbestos floor tile or roofing felt are considered non-friable if intact and generally do not emit airborne fibers unless subjected to sanding, sawing and other aggressive operations. Asbestos-cement pipe or sheet can emit airborne fibers if the materials are cut or sawed, or if they are broken.

D. Permissible exposure: Exposure to airborne asbestos fibers may not exceed 0.1 fibers per cubic centimeter of air (0.1 f/cc) averaged over the 8-hour workday, and 1 fiber per cubic centimeter of air (1.0 f/cc) averaged over a 30 minute work period.

II. Health Hazard Data

A. Asbestos can cause disabling respiratory disease and various types of cancers if the fibers are inhaled. Inhaling or ingesting fibers from contaminated clothing or skin can also result in these diseases. The symptoms of these diseases generally do not appear for 20 or more years after initial exposure.

B. Exposure to asbestos has been shown to cause lung cancer, mesothelioma, and cancer of the stomach and colon. Mesothelioma is a rare cancer of the thin membrane lining of the chest and abdomen. Symptoms of mesothelioma include shortness of breath, pain in the walls of the chest, and/or abdominal pain.

III. Respirators and Protective Clothing

A. Respirators: You are required to wear a respirator when performing tasks that result in asbestos exposure that exceeds the permissible exposure limit (PEL) of 0.1 f/cc and when performing certain designated operations. Air-purifying respirators equipped with a high-efficiency particulate air (HEPA) filter can be used where airborne asbestos fiber concentrations do not exceed 1.0 f/cc; otherwise, more protective respirators such as air-supplied, positive-pressure, full facepiece respirators must be used. Disposable respirators or dust masks are not permitted to be used for asbestos work. For effective protection, respirators must fit your face and head snugly. Your employer is required to conduct fit tests when you are first assigned a respirator and annually thereafter. Respirators should not be loosened or removed in work situations where their use is required.

B. Protective Clothing: You are required to wear protective clothing in work areas where asbestos concentrations exceed the permissible exposure limit (PEL) of 0.1 f/cc.

IV. Disposal Procedures and Clean-up

A. Wastes that are generated by processes where asbestos is present include:

1. Empty asbestos shipping containers.

2. Process wastes such as cuttings, trimmings, or reject material.

3. Housekeeping waste from wet-sweeping or HEPA-vacuuming.

4. Asbestos fireproofing or insulating material that is removed from buildings.

5. Asbestos-containing building products removed during building renovation or demolition.

6. Contaminated disposable protective clothing.

B. Empty shipping bags can be flattened under exhaust hoods and packed into airtight containers for disposal. Empty shipping drums are difficult to clean and should be sealed.

C. Vacuum bags or disposable paper filters should not be cleaned, but should be sprayed with a fine water mist and placed into a labeled waste container.

D. Process waste and housekeeping waste should be wetted with water or a mixture of water and surfactant prior to packaging in disposable containers.

E. Asbestos-containing material that is removed from buildings must be disposed of in leak-tight 6-mil plastic bags, plastic-lined cardboard containers, or plastic-lined metal containers. These wastes, which are removed while wet, should be sealed in containers before they dry out to minimize the release of asbestos fibers during handling.

V. Access to Information

A. Each year, your employer is required to inform you of the information contained in this standard and appendices for asbestos. In addition, your employer must instruct you in the proper work practices for handling asbestos-containing materials, and the correct use of protective equipment.

B. Your employer is required to determine whether you are being exposed to asbestos. Your employer must treat exposure to thermal system insulation and sprayed-on and troweled-on surfacing material as asbestos exposure, unless results of laboratory analysis show that the material does not contain asbestos. You or your representative has the right to observe employee measurements and to record the results obtained. Your employer is required to inform you of your exposure, and, if you are exposed above the permissible exposure limit, he or she is required to inform you of the actions that are being taken to reduce your exposure to within the permissible limit.

C. Your employer is required to keep records of your exposures and medical examinations. These exposure records must be kept for at least thirty (30) years, Medical records must be kept for the period of your employment plus thirty (30) years.

D. Your employer is required to release your exposure and medical records to your physician or designated representative upon your written request.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix H to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Amendment of appendix and Note filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

4. Change without regulatory effect amending section III.A. of appendix H filed 12-23-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 52).

Appendix I

Medical Surveillance Guidelines for Asbestos

Non-Mandatory

I. Route of Entry: Inhalation, Ingestion

II. Toxicology

Clinical evidence of the adverse effects associated with exposure to asbestos is present in the form of several well-conducted epidemiological studies of occupationally exposed workers, family contacts of workers, and persons living near asbestos mines. These studies have shown a definite association between exposure to asbestos and an increased incidence of lung cancer, pleural and peritoneal mesothelioma, gastrointestinal cancer, and asbestosis. The latter is a disabling fibrotic lung disease that is caused only by exposure to asbestos. Exposure to asbestos has also been associated with an increased incidence of esophageal, kidney, laryngeal, pharyngeal, and buccal cavity cancers. As with other known chronic occupational diseases, disease associated with asbestos generally appears about 20 years following the first occurrence of exposure. There are no known acute effects associated with exposure to asbestos.

Epidemiological studies indicate that the risk of lung cancer among exposed workers who smoke cigarettes is greatly increased over the risk of lung cancer among non-exposed smokers or exposed nonsmokers. These studies suggest that cessation of smoking will reduce the risk of lung cancer for a person exposed to asbestos but will not reduce it to the same level of risk as that existing for an exposed worker who has never smoked.

III. Signs and Symptoms of Exposure-Related Disease

The signs and symptoms of lung cancer or gastrointestinal cancer induced by exposure to asbestos are not unique, except that a chest X-ray of an exposed patient with lung cancer may show pleural plaques, pleural calcification, or pleural fibrosis. Symptoms characteristic of mesothelioma include shortness of breath, pain in the walls of the chest, or abdominal pain. Mesothelioma has a much longer latency period compared with lung cancer (40 years versus 15-20 years), and mesothelioma is therefore likely to be found among workers who were first exposed to asbestos at an early age. Mesothelioma is always fatal.

Asbestosis is pulmonary fibrosis caused by the accumulation of asbestos fibers in the lungs. Symptoms include shortness of breath, coughing, fatigue, and vague feelings of sickness. When the fibrosis worsens, shortness of breath occurs even at rest. The diagnosis of asbestosis is based on a history of exposure to asbestos, the presence of characteristic radiologic changes, end inspiratory crackles (rales), and other clinical features of fibrosing lung disease. Pleural plaques and thickening are observed on X-rays taken during the early stages of the disease. Asbestosis is often a progressive disease even in the absence of continued exposure, although this appears to be a highly individualized characteristic. In severe cases, death may be caused by respiratory or cardiac failure.

IV. Surveillance and Preventive Considerations

As noted above, exposure to asbestos has been linked to an increased risk of lung cancer, mesothelioma, gastrointestinal cancer, and asbestosis among occupationally exposed workers. Adequate screening tests to determine an employee's potential for developing serious chronic diseases, such as cancer, from exposure to asbestos do not presently exist. However, some tests, particularly chest X-rays and pulmonary function tests, may indicate that an employee has been overexposed to asbestos, thus increasing his or her risk of developing exposure-related chronic disease. It is important for the physician to become familiar with the operating conditions in which occupational exposure to asbestos is likely to occur. This is particularly important in evaluating medical and work histories and in conducting physical examinations. When an active employee has been identified as having been overexposed to asbestos, measures taken by the employer to eliminate or mitigate further exposure should also lower the risk of serious long-term consequences.

The employer is required to institute a medical surveillance program for all employees who are or will be exposed to asbestos at or above the permissible exposure limit (0.1 fiber per cubic centimeter of air). All examinations and procedures must be performed by or under the supervision of a licensed physician, at a reasonable time and place, and at no cost to the employee.

Although broad latitude is given to the physician in prescribing specific tests to be included in the medical surveillance program, the following elements in the routine examination are required:

(i) Medical and work histories with special emphasis directed to symptoms of the respiratory system, cardiovascular system, and digestive tract.

(ii) Completion of one of the respiratory disease questionnaires contained in Appendix D: Part 1 for the initial examination and part 2 for periodic examinations.

(iii) A physical examination including a chest X-ray (at the discretion of the examining physician for construction work) and pulmonary function testing that includes measurement of the employee's forced vital capacity (FVC) and forced expiratory volume at one second (FEV1).

(iv) Any laboratory or other test that the examining physician deems by sound medical practice to be necessary or appropriate.

The employer is required to make the prescribed tests available at least annually to those employees covered; more often than specified if recommended by the examining physician; and upon termination of employment.

The employer is required to provide the physician with the following information: a copy of this standard and appendices; a description of the employee's work assignments as they relate to asbestos exposure; the employee's representative level of exposure to asbestos; a description of any personal protective and respiratory equipment used; and information from previous medical examinations of the affected employee that is not otherwise available to the physician. Making this information available to the physician will aid in the evaluation of the employee's health in relation to assigned duties and fitness to wear personal protective equipment, if required.

The employer is required to obtain a written opinion from the examining physician containing the results of the medical examination; the physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of exposure-related disease; any recommended limitations on the employee or on the use of personal protective equipment; and a statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions related to asbestos exposure that require further explanation or treatment. This written opinion must not reveal specific findings or diagnoses unrelated to exposure to asbestos, and a copy of the opinion must be provided to the affected employee.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix I to section 1529 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).

2. Editorial correction of HISTORY 1. (Register 91, No. 45).

3. Amendment of appendix and Note filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

Appendix J

Smoking Cessation Program Information

for Asbestos Non-Mandatory

The following organizations provide smoking cessation information.

1. The National Cancer Institute operates a toll free Cancer Information Service (CIS) with trained personnel to help you. Call 1-800-4-CANCER to reach the CIS office serving your area, or write: Office of Cancer Communications, National Cancer Institute, National Institutes of Health, Building 31 Room 10A24, Bethesda, Maryland 20892.

2. American Cancer Society, 3340 Peachtree Road, N.E., Atlanta, Georgia 30026, (404) 320-3333. The American Cancer Society (ACS) is a voluntary organization composed of 58 divisions and 3,100 local units. Through “The Great American Smokeout” in November, the annual Cancer Crusade in April, and numerous educational materials, ACS helps people learn about the health hazards of smoking and become successful ex-smokers.

3. American Heart Association, 7320 Greenville Avenue, Dallas, Texas 75231, (214) 750-5300. The American Heart Association (AHA) is a voluntary organization with 130,000 members (physicians, scientists, and lay persons) in 55 state and regional groups. AHA produces a variety of publications and audiovisual materials about the effects of smoking on the heart. AHA also has developed a guidebook for incorporating a weight-control component into smoking cessation programs.

4. American Lung Association, 1740 Broadway, New York, New York 10019, (212) 245-8000. A voluntary organization of 7,500 members (physicians, nurses, and lay persons), the American Lung Association (ALA) conducts numerous public information programs about the health effects of smoking. ALA has 59 state and 85 local units. The organization actively supports legislation and information campaigns for non-smokers' rights and provides help for smokers who want to quit, for example, through ”Freedom From Smoking,” a self-help smoking cessation program.

5. Office on Smoking and Health, U.S. Department of Health and Human Services, 5600 Fishers Lane, Park Building, Room 110, Rockville, Maryland 20857. The Office on Smoking and Health (OSH) is the Department of Health and Human Services' lead agency in smoking control. OSH has sponsored distribution of publications on smoking-related topics, such as free flyers on relapse after initial quitting, helping a friend or family member quit smoking, the health hazards of smoking, and the effects of parental smoking on teenagers. In Hawaii, on Oahu call 524-1234 (call collect from neighboring islands), Spanish-speaking staff members are available during daytime hours to callers from the following areas: California, Florida, Georgia, Illinois, New Jersey (area code 201), New York, and Texas. Consult your local telephone directory for listings of local chapters.

NOTE

Authority cited: Section 142.3. Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix J to section 1529 filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

Appendix K

Polarized Light Microscopy of Asbestos

Non-Mandatory

Method number: ID-191

Matrix: Bulk

Collection Procedure: Collect approximately 1 to 2 grams of each type of material and place into separate 20 mL scintillation vials. Analytical Procedure: A portion of each separate phase is analyzed by gross examination, phase-polar examination, and central stop dispersion microscopy.

Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by USDOL-OSHA. Similar products from other sources may be substituted.

1. Introduction

This method describes the collection and analysis of asbestos bulk materials by light microscopy techniques including phase-polar illumination and central-stop dispersion microscopy. Some terms unique to asbestos analysis are defined below:

Amphibole: A family of minerals whose crystals are formed by long, thin units which have two thin ribbons of double chain silicate with a brucite ribbon in between. The shape of each unit is similar to an “I beam”. Minerals important in asbestos analysis include cummingtonite-grunerite, crocidolite, tremolite-actinolite and anthophyllite.

Asbestos: A term for naturally occurring fibrous minerals. Asbestos includes chrysotile, cummingtonite-grunerite asbestos (amosite), anthophyllite asbestos, tremolite asbestos, crocidolite, actinolite asbestos and any of these minerals which have been chemically treated or altered. The precise chemical formulation of each species varies with the location from which it was mined. Nominal compositions are listed:

Chrysotile Mg3Si2O5(OH)4

Crocidolite (Riebeckite asbestos) Na2Fe32Fe23Si8O22(OH)2

Cummingtonite-Grunerite asbestos (Amosite) (Mg,Fe)7Si8O22(OH)2

Tremolite-Actinolite asbestos Ca2(Mg,Fe)5Si8O22(OH)2

Anthophyllite asbestos (Mg,Fe)7Si8O22(OH)2

Asbestos Fiber: A fiber of asbestos meeting the criteria for a fiber. (See section 3.5. of this Appendix)

Aspect Ratio: The ratio of the length of a fiber to its diameter usually defined as “length : width”, e.g. 3:1.

Brucite: A sheet mineral with the composition Mg(OH)(2).

Central Stop Dispersion Staining (microscope): This is a dark field microscope technique that images particles using only light refracted by the particle, excluding light that travels through the particle unrefracted. This is usually accomplished with a McCrone objective or other arrangement which places a circular stop with apparent aperture equal to the objective aperture in the back focal plane of the microscope.

Cleavage Fragments: Mineral particles formed by the comminution of minerals, especially those characterized by relatively parallel sides and moderate aspect ratio.

Differential Counting: The term applied to the practice of excluding certain kinds of fibers from a phase contrast asbestos count because they are not asbestos.

Fiber: A particle longer than or equal to 5 mm with a length to width ratio greater than or equal to 3:1. This may include cleavage fragments. (see section 3.5 of this appendix).

Phase Contrast: Contrast obtained in the microscope by causing light scattered by small particles to destructively interfere with unscattered light, thereby enhancing the visibility of very small particles and particles with very low intrinsic contrast.

Phase Contrast Microscope: A microscope configured with a phase mask pair to create phase contrast. The technique which uses this is called Phase Contrast Microscopy (PCM).

Phase-Polar Analysis: This is the use of polarized light in a phase contrast microscope. It is used to see the same size fibers that are visible in air filter analysis. Although fibers finer than 1 mm are visible, analysis of these is inferred from analysis of larger bundles that are usually present.

Phase-Polar Microscope: The phase-polar microscope is a phase contrast microscope which has an analyzer, a polarizer, a first order red plate and a rotating phase condenser all in place so that the polarized light image is enhanced by phase contrast.

Sealing Encapsulant: This is a product which can be applied, preferably by spraying, onto an asbestos surface which will seal the surface so that fibers cannot be released.

Serpentine: A mineral family consisting of minerals with the general composition Mg(3)(Si(2)O(5)(OH)(4) having the magnesium in brucite layer over a silicate layer. Minerals important in asbestos analysis included in this family are chrysotile, lizardite, antigorite.

1.1. History

Light microscopy has been used for well over 100 years for the determination of mineral species. This analysis is carried out using specialized polarizing microscopes as well as bright field microscopes. The identification of minerals is an on-going process with many new minerals described each year. The first recorded use of asbestos was in Finland about 2500 B.C. where the material was used in the mud wattle for the wooden huts the people lived in as well as strengthening for pottery. Adverse health aspects of the mineral were noted nearly 2000 years ago when Pliny the Younger wrote about the poor health of slaves in the asbestos mines. Although known to be injurious for centuries, the first modern references to its toxicity were by the British Labor Inspectorate when it banned asbestos dust from the workplace in 1898. Asbestosis cases were described in the literature after the turn of the century. Cancer was first suspected in the mid 1930's and a causal link to mesothelioma was made in 1965. Because of the public concern for worker and public safety with the use of this material, several different types of analysis were applied to the determination of asbestos content. Light microscopy requires a great deal of experience and craft. Attempts were made to apply less subjective methods to the analysis. X-ray diffraction was partially successful in determining the mineral types but was unable to separate out the fibrous portions from the non-fibrous portions. Also, the minimum detection limit for asbestos analysis by X-ray diffraction (XRD) is about 1%. Differential Thermal Analysis (DTA) was no more successful. These provide useful corroborating information when the presence of asbestos has been shown by microscopy; however, neither can determine the difference between fibrous and non-fibrous minerals when both habits are present. The same is true of Infrared Absorption (IR).

When electron microscopy was applied to asbestos analysis, hundreds of fibers were discovered present too small to be visible in any light microscope. There are two different types of electron microscope used for asbestos analysis: Scanning Electron Microscope (SEM) and Transmission Electron Microscope (TEM). Scanning Electron Microscopy is useful in identifying minerals. The SEM can provide two of the three pieces of information required to identify fibers by electron microscopy: morphology and chemistry. The third is structure as determined by Selected Area Electron Diffraction -- SAED which is performed in the TEM. Although the resolution of the SEM is sufficient for very fine fibers to be seen, accuracy of chemical analysis that can be performed on the fibers varies with fiber diameter in fibers of less than 0.2 mm diameter. The TEM is a powerful tool to identify fibers too small to be resolved by light microscopy and should be used in conjunction with this method when necessary. The TEM can provide all three pieces of information required for fiber identification. Most fibers thicker than 1 mm can adequately be defined in the light microscope. The light microscope remains as the best instrument for the determination of mineral type. This is because the minerals under investigation were first described analytically with the light microscope. It is inexpensive and gives positive identification for most samples analyzed. Further, when optical techniques are inadequate, there is ample indication that alternative techniques should be used for complete identification of the sample.

1.2. Principle

Minerals consist of atoms that may be arranged in random order or in a regular arrangement. Amorphous materials have atoms in random order while crystalline materials have long range order. Many materials are transparent to light, at least for small particles or for thin sections. The properties of these materials can be investigated by the effect that the material has on light passing through it. The six asbestos minerals are all crystalline with particular properties that have been identified and cataloged. These six minerals are anisotropic. They have a regular array of atoms, but the arrangement is not the same in all directions. Each major direction of the crystal presents a different regularity. Light photons travelling in each of these main directions will encounter different electrical neighborhoods, affecting the path and time of travel. The techniques outlined in this method use the fact that light traveling through fibers or crystals in different directions will behave differently, but predictably. The behavior of the light as it travels through a crystal can be measured and compared with known or determined values to identify the mineral species. Usually, Polarized Light Microscopy (PLM is performed with strain-free objectives on a bright-field microscope platform. This would limit the resolution of the microscope to about 0.4 mm. Because OSHA requires the counting and identification of fibers visible in phase contrast, the phase contrast platform is used to visualize the fibers with the polarizing elements added into the light path. Polarized light methods cannot identify fibers finer than about 1 mm in diameter even though they are visible. The finest fibers are usually identified by inference from the presence of larger, identifiable fiber bundles. When fibers are present, but not identifiable by light microscopy, use either SEM or TEM to determine the fiber identity.

1.3. Advantages and Disadvantages

The advantages of light microcopy are:

(a) Basic identification of the materials was first performed by light microscopy and gross analysis. This provides a large base of published information against which to check analysis and analytical technique.

(b) The analysis is specific to fibers. The minerals present can exist in asbestiform, fibrous, prismatic, or massive varieties all at the same time. Therefore, bulk methods of analysis such as X-ray diffraction, IR analysis, DTA, etc. are inappropriate where the material is not known to be fibrous.

(c) The analysis is quick, requires little preparation time, and can be performed on-site if a suitably equipped microscope is available.

The disadvantages are:

(a) Even using phase-polar illumination, not all the fibers present may be seen. This is a problem for very low asbestos concentrations where agglomerations or large bundles of fibers may not be present to allow identification by inference.

(b) The method requires a great degree of sophistication on the part of the microscopist. An analyst is only as useful as his mental catalog of images. Therefore, a microscopist's accuracy is enhanced by experience. The mineralogical training of the analyst is very important. It is the basis on which subjective decisions are made.

(c) The method uses only a tiny amount of material for analysis. This may lead to sampling bias and false results (high or low). This is especially true if the sample is severely inhomogeneous.

(d) Fibers may be bound in a matrix and not distinguishable as fibers so identification cannot be made.

1.4. Method Performance

1.4.1. This method can be used for determination of asbestos content from 0 to 100% asbestos. The detection limit has not been adequately determined, although for selected samples, the limit is very low, depending on the number of particles examined. For mostly homogeneous, finely divided samples, with no difficult fibrous interferences, the detection limit is below 1%. For inhomogeneous samples (most samples), the detection limit remains undefined. NIST has conducted proficiency testing of laboratories on a national scale. Although each round is reported statistically with an average, control limits, etc., the results indicate a difficulty in establishing precision especially in the low concentration range. It is suspected that there is significant bias in the low range especially near 1%. EPA tried to remedy this by requiring a mandatory point counting scheme for samples less than 10%. The point counting procedure is tedious, and may introduce significant biases of its own. It has not been incorporated into this method.

1.4.2. The precision and accuracy of the quantitation tests performed in this method are unknown. Concentrations are easier to determine in commercial products where asbestos was deliberately added because the amount is usually more than a few percent. An analyst's results can be “calibrated” against the known amounts added by the manufacturer. For geological samples, the degree of homogeneity affects the precision.

1.4.3. The performance of the method is analyst dependent. The analyst must choose carefully and not necessarily randomly the portions for analysis to assure that detection of asbestos occurs when it is present. For this reason, the analyst must have adequate training in sample preparation, and experience in the location and identification of asbestos in samples. This is usually accomplished through substantial on-the-job training as well as formal education in mineralogy and microscopy.

1.5. Interferences

Any material which is long, thin, and small enough to be viewed under the microscope can be considered an interference for asbestos. There are literally hundreds of interferences in workplaces. The techniques described in this method are normally sufficient to eliminate the interferences. An analyst's success in eliminating the interferences depends on proper training.

Asbestos minerals belong to two mineral families: the serpentines and the amphiboles. In the serpentine family, the only common fibrous mineral is chrysotile. Occasionally, the mineral antigorite occurs in a fibril habit with morphology similar to the amphiboles. The amphibole minerals consist of a score of different minerals of which only five are regulated by federal standard: amosite, crocidolite, anthophyllite asbestos, tremolite asbestos and actinolite asbestos. These are the only amphibole minerals that have been commercially exploited for their fibrous properties; however, the rest can and do occur occasionally in asbestiform habit.

In addition to the related mineral interferences, other minerals common in building material may present a problem for some microscopists: gypsum, anhydrite, brucite, quartz fibers, talc fibers or ribbons, wollastonite, perlite, attapulgite, etc. Other fibrous materials commonly present in workplaces are: fiberglass, mineral wool, ceramic wool, refractory ceramic fibers, kevlar, nomex, synthetic fibers, graphite or carbon fibers, cellulose (paper or wood) fibers, metal fibers, etc.

Matrix embedding material can sometimes be a negative interference. The analyst may not be able to easily extract the fibers from the matrix in order to use the method. Where possible, remove the matrix before the analysis, taking careful note of the loss of weight. Some common matrix materials are: vinyl, rubber, tar, paint, plant fiber, cement, and epoxy. A further negative interference is that the asbestos fibers themselves may be either too small to be seen in Phase contrast Microscopy (PCM) or of a very low fibrous quality, having the appearance of plant fibers. The analyst's ability to deal with these materials increases with experience.

1.6. Uses and Occupational Exposure

Asbestos is ubiquitous in the environment. More than 40% of the land area of the United States is composed of minerals which may contain asbestos. Fortunately, the actual formation of great amounts of asbestos is relatively rare. Nonetheless, there are locations in which environmental exposure can be severe such as in the Serpentine Hills of California.

There are thousands of uses for asbestos in industry and the home. Asbestos abatement workers are the most current segment of the population to have occupational exposure to great amounts of asbestos. If the material is undisturbed, there is no exposure. Exposure occurs when the asbestos-containing material is abraded or otherwise disturbed during maintenance operations or some other activity. Approximately 95% of the asbestos in place in the United States is chrysotile.

Amosite and crocidolite make up nearly all the difference. Tremolite and anthophyllite make up a very small percentage. Tremolite is found in extremely small amounts in certain chrysotile deposits. Actinolite exposure is probably greatest from environmental sources, but has been identified in vermiculite containing, sprayed-on insulating materials which may have been certified as asbestos-free.

1.7. Physical and Chemical Properties

The nominal chemical compositions for the asbestos minerals were given in Section 1. Compared to cleavage fragments of the same minerals, asbestiform fibers possess a high tensile strength along the fiber axis. They are chemically inert, noncombustible, and heat resistant. Except for chrysotile, they are insoluble in Hydrochloric acid (HCl). Chrysotile is slightly soluble in HCl. Asbestos has high electrical resistance and good sound absorbing characteristics. It can be woven into cables, fabrics or other textiles, or matted into papers, felts, and mats.

1.8. Toxicology (This Section is for Information Only and Should Not Be Taken as OSHA Policy)

Possible physiologic results of respiratory exposure to asbestos are mesothelioma of the pleura or peritoneum, interstitial fibrosis, asbestosis, pneumoconiosis, or respiratory cancer. The possible consequences of asbestos exposure are detailed in the NIOSH Criteria Document or in the OSHA Asbestos Standards 29 CFR 1910.1001, 29 CFR 1926.1101, and 29 CFR 1915.1001.

2. Sampling Procedure

2.1. Equipment for sampling

(a) Tube or cork borer sampling device

(b) Knife

(d) Sealing encapsulant

2.2. Safety Precautions

Asbestos is a known carcinogen. Take care when sampling. While in an asbestos-containing atmosphere, a properly selected and fit-tested respirator should be worn. Take samples in a manner to cause the least amount of dust. Follow these general guidelines:

(a) Do not make unnecessary dust.

(b) Take only a small amount (1 to 2 g).

(d) Use encapsulant to seal the spot where the sample was taken, if necessary.

2.3. Sampling Procedure

Samples of any suspect material should be taken from an inconspicuous place. Where the material is to remain, seal the sampling wound with an encapsulant to eliminate the potential for exposure from the sample site. Microscopy requires only a few milligrams of material. The amount that will fill a 20 mL scintillation vial is more than adequate. Be sure to collect samples from all layers and phases of material. If possible, make separate samples of each different phase of the material. This will aid in determining the actual hazard. DO NOT USE ENVELOPES, PLASTIC OR PAPER BAGS OF ANY KIND TO COLLECT SAMPLES. The use of plastic bags presents a contamination hazard to laboratory personnel and to other samples. When these containers are opened, a bellows effect blows fibers out of the container onto everything, including the person opening the container.

If a cork-borer type sampler is available, push the tube through the material all the way, so that all layers of material are sampled. Some samplers are intended to be disposable. These should be capped and sent to the laboratory. If a non-disposable cork borer is used, empty the contents into a scintillation vial and send to the laboratory. Vigorously and completely clean the cork borer between samples.

2.4. Shipment

Samples packed in glass vials must not touch or they might break in shipment.

(a) Seal the samples with a sample seal over the end to guard against tampering and to identify the sample.

(b) Package the bulk samples in separate packages from the air samples. They may cross-contaminate each other and will invalidate the results of the air samples.

(d) To maintain sample accountability, ship the samples by certified mail, overnight express, or hand carry them to the laboratory.

3. Analysis

The analysis of asbestos samples can be divided into two major parts: sample preparation and microscopy. Because of the different asbestos uses that may be encountered by the analyst, each sample may need different preparation steps. The choices are outlined below. There are several different tests that are performed to identify the asbestos species and determine the percentage. They will be explained below.

3.1. Safety

(a) Do not create unnecessary dust. Handle the samples in HEPA- filter equipped hoods. If samples are received in bags, envelopes or other inappropriate container, open them only in a hood having a face velocity at or greater than 100 fpm. Transfer a small amount to a scintillation vial and only handle the smaller amount.

(b) Open samples in a hood, never in the open lab area.

(c) Index of refraction oils can be toxic. Take care not to get this material on the skin. Wash immediately with soap and water if this happens.

(d) Samples that have been heated in the muffle furnace or the drying oven may be hot. Handle them with tongs until they are cool enough to handle.

(e) Some of the solvents used, such as THF (tetrahydrofuran), are toxic and should only be handled in an appropriate fume hood and according to instructions given in the Material Safety Data Sheet (MSDS).

3.2. Equipment

(a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x wide-field eyepieces, G-22 Walton-Beckett graticule, Whipple disk, polarizer, analyzer and first order red or gypsum plate, 100 Watt illuminator, rotating position condenser with oversize phase rings, central stop dispersion objective, Kohler illumination and a rotating mechanical stage. (see Figure 1. of this appendix)

(b) Stereo microscope with reflected light illumination, transmitted light illumination, polarizer, analyzer and first order red or gypsum plate, and rotating stage.

(d) Muffle furnace capable of 600 deg.C

(e) Drying oven capable of 50 -- 150 deg.C

(f) Aluminum specimen pans

(g) Tongs for handling samples in the furnace

(h) High dispersion index of refraction oils (Special for dispersion staining.)

n = 1.550

n = 1.585

n = 1.590

n = 1.605

n = 1.620

n = 1.670

n = 1.680

n = 1.690

(i) A set of index of refraction oils from about n=1.350 to n=2.000 in n=0.005 increments. (Standard for Becke line analysis.)

(j) Glass slides with painted or frosted ends 1x3 inches 1mm thick, precleaned.

(k) Cover Slips 22x22 mm, #1 1/2

(l) Paper clips or dissection needles

(m) Hand grinder

(n) Scalpel with both #10 and #11 blades

(o) 0.1 molar HCl

(p) Decalcifying solution (Baxter Scientific Products)

Ethylenediaminetetraacetic Acid, Tetrasodium 0.7 g/l

Sodium Potassium Tartrate 8.0 mg/liter

Hydrochloric Acid 99.2 g/liter

Sodium Tartrate 0.14 g/liter

(q) Tetrahydrofuran (THF)

(r) Hotplate capable of 60 deg.C

(s) Balance

(t) Hacksaw blade

(u) Ruby mortar and pestle

3.3. Sample Pre-Preparation

Sample preparation begins with pre-preparation which may include chemical reduction of the matrix, heating the sample to dryness or heating in the muffle furnace. The end result is a sample which has been reduced to a powder that is sufficiently fine to fit under the cover slip. Analyze different phases of samples separately, e.g., tile and the tile mastic should be analyzed separately as the mastic may contain asbestos while the tile may not.

(a) Wet Samples

Samples with a high water content will not give the proper dispersion colors and must be dried prior to sample mounting. Remove the lid of the scintillation vial, place the bottle in the drying oven and heat at 100 deg.C to dryness (usually about 2h). Samples which arenotsubmittedtothelab in glass must be removed and placed in glass vials or aluminum weighing pans before placing them in the drying oven.

(b) Samples With Organic Interference -- Muffle Furnace

These may include samples with tar as a matrix, vinyl asbestos tile, or any other organic that can be reduced by heating. Remove the sample from the vial and weigh in a balance to determine the weight of the submitted portion. Place the sample in a muffle furnace at 500 deg.C for 1 to 2 h or until all obvious organic material has been removed. Retrieve, cool and weigh again to determine the weight loss on ignition. This is necessary to determine the asbestos content of the submitted sample, because the analyst will be looking at a reduced sample.

Note: Heating above 600 deg.C will cause the sample to undergo a structural change which, given sufficient time, will convert the chrysotile to forsterite. Heating even at lower temperatures for 1 to 2 h may have a measurable effect on the optical properties of the minerals. If the analyst is unsure of what to expect, a sample of standard asbestos should be heated to the same temperature for the same length of time so that it can be examined for the proper interpretation.

Vinyl asbestos tile is the most common material treated with this solvent, although, substances containing tar will sometimes yield to this treatment. Select a portion of the material and then grind it up if possible. Weigh the sample and place it in a test tube. Add sufficient THF to dissolve the organic matrix. This is usually about 4 to 5 mL. Remember, THF is highly flammable. Filter the remaining material through a tared silver membrane, dry and weigh to determine how much is left after the solvent extraction. Further process the sample to remove carbonate or mount directly.

(d) Samples With Carbonate Interference

Carbonate material is often found on fibers and sometimes must be removed in order to perform dispersion microscopy. Weigh out a portion of the material and place it in a test tube. Add a sufficient amount of 0.1 M HCl or decalcifying solution in the tube to react all the carbonate as evidenced by gas formation; i.e., when the gas bubbles stop, add a little more solution. If no more gas forms, the reaction is complete. Filter the material out through a tared silver membrane, dry and weigh to determine the weight lost.

3.4. Sample Preparation

Samples must be prepared so that accurate determination can be made of the asbestos type and amount present. The following steps are carried out in the low-flow hood (a low-flow hood has less than 50 fpm flow):

(1) If the sample has large lumps, is hard, or cannot be made to lie under a cover slip, the grain size must be reduced. Place a small amount between two slides and grind the material between them or grind a small amount in a clean mortar and pestle. The choice of whether to use an alumina, ruby, or diamond mortar depends on the hardness of the material. Impact damage can alter the asbestos mineral if too much mechanical shock occurs. (Freezer mills can completely destroy the observable crystallinity of asbestos and should not be used). For some samples, a portion of material can be shaved off with a scalpel, ground off with a hand grinder or hack saw blade.

The preparation tools should either be disposable or cleaned thoroughly. Use vigorous scrubbing to loosen the fibers during the washing. Rinse the implements with copious amounts of water and air-dry in a dust-free environment.

(2) If the sample is powder or has been reduced as in (1) above, it is ready to mount. Place a glass slide on a piece of optical tissue and write the identification on the painted or frosted end. Place two drops of index of refraction medium n=1.550 on the slide. (The medium n=1.550 is chosen because it is the matching index for chrysotile. Dip the end of a clean paper-clip or dissecting needle into the droplet of refraction medium on the slide to moisten it. Then dip the probe into the powder sample. Transfer what sticks on the probe to the slide. The material on the end of the probe should have a diameter of about 3 mm for a good mount. If the material is very fine, less sample may be appropriate. For non-powder samples such as fiber mats, forceps should be used to transfer a small amount of material to the slide. Stir the material in the medium on the slide, spreading it out and making the preparation as uniform as possible. Place a cover-slip on the preparation by gently lowering onto the slide and allowing it to fall “trapdoor” fashion on the preparation to push out any bubbles. Press gently on the cover slip to even out the distribution of particulate on the slide. If there is insufficient mounting oil on the slide, one or two drops may be placed near the edge of the coverslip on the slide. Capillary action will draw the necessary amount of liquid into the preparation. Remove excess oil with the point of a laboratory wiper.

Treat at least two different areas of each phase in this fashion. Choose representative areas of the sample. It my be useful to select particular areas or fibers for analysis. This is useful to identify asbestos in severely inhomogeneous samples.

When it is determined that amphiboles may be present, repeat the above process using the appropriate high-dispersion oils until an identification is made or all six asbestos minerals have been ruled out. Note that percent determination must be done in the index medium 1.550 because amphiboles tend to disappear in their matching mediums.

3.5. Analytical procedure

Note: This method presumes some knowledge of mineralogy and optical petrography.

The analysis consists of three parts: The determination of whether there is asbestos present, what type is present and the determination of how much is present. The general flow of the analysis is:

(1) Gross examination.

(2) Examination under polarized light on the stereo microscope.

(3) Examination by phase-polar illumination on the compound phase microscope.

(4) Determination of species by dispersion stain. Examination by Becke line analysis may also be used; however, this is usually more cumbersome for asbestos determination.

(5) Difficult samples may need to be analyzed by SEM or TEM, or the results from those techniques combined with light microscopy for a definitive identification.

Identification of a particle as asbestos requires that it be asbestiform. Description of particles should follow the suggestion of Campbell. (Figure 1 of this appendix)

Embedded Graphic 08.0160

Figure 1. Particle definitions showing mineral growth habits.

From the U.S. Bureau of Mines

For the purpose of regulation, the mineral must be one of the six minerals covered and must be in the asbestos growth habit. Large specimen samples of asbestos generally have the gross appearance of wood. Fibers are easily parted from it. Asbestos fibers are very long compared with their widths. The fibers have a very high tensile strength as demonstrated by bending without breaking. Asbestos fibers exist in bundles that are easily parted, show longitudinal fine structure and may be tufted at the ends showing “bundle of sticks” morphology. In the microscope some of these properties may not be observable. Amphiboles do not always show striations along their length even when they are asbestos. Neither will they always show tufting. They generally do not show a curved nature except for very long fibers. Asbestos and asbestiform minerals are usually characterized in groups by extremely high aspect ratios (greater than 100:1). While aspect ratio analysis is useful for characterizing populations of fibers, it cannot be used to identify individual fibers of intermediate to short aspect ratio. Observation of many fibers is often necessary to determine whether a sample consists of “cleavage fragments” or of asbestos fibers.

Most cleavage fragments of the asbestos minerals are easily distinguishable from true asbestos fibers. This is because true cleavage fragments usually have larger diameters than 1 mm. Internal structure of particles larger than this usually shows them to have no internal fibrillar structure. In addition, cleavage fragments of the monoclinic amphiboles show inclined extinction under crossed polars with no compensator. Asbestos fibers usually show extinction at zero degrees or ambiguous extinction if any at all. Morphologically, the larger cleavage fragments are obvious by their blunt or stepped ends showing prismatic habit. Also, they tend to be circular rather than filiform.

Where the particles are less than 1 mm in diameter and have an aspect ratio greater than or equal to 3:1, it is recommended that the sample be analyzed by SEM or TEM if there is any question whether the fibers are cleavage fragments or asbestiform particles. Care must be taken when analyzing by electron microscopy because the interferences are different from those in light microscopy and may structurally be very similar to asbestos. The classic interference is between anthophyllite and biopyribole or intermediate fiber. Use the same morphological clues for electron microscopy as are used for light microscopy, e.g. fibril splitting, internal longitudinal striation, fraying, curvature, etc.

(1) Gross examination:

Examine the sample, preferably in the glass vial. Determine the presence of any obvious fibrous component. Estimate a percentage based on previous experience and current observation. Determine whether any prepreparation is necessary. Determine the number of phases present. This step may be carried out or augmented by observation at 6 to 40 x under a stereo microscope.

(2) After performing any necessary pre-preparation, prepare slides of each phase as described above. Two preparations of the same phase in the same index medium can be made side-by-side on the same glass for convenience. Examine with the polarizing stereo microscope. Estimate the percentage of asbestos based on the amount of birefringent fiber present.

(3) Examine the slides on the phase-polar microscopes at magnifications of 160 and 400x. Note the morphology of the fibers. Long, thin, very straight fibers with little curvature are indicative of fibers from the amphibole family. Curved, wavy fibers are usually indicative of chrysotile. Estimate the percentage of asbestos on the phase-polar microscope under conditions of crossed polars and a gypsum plate. Fibers smaller than 1.0 mm in thickness must be identified by inference to the presence of larger, identifiable fibers and morphology. If no larger fibers are visible, electron microscopy should be performed. At this point, only a tentative identification can be made. Full identification must be made with dispersion microscopy. Details of the tests are included in the appendices.

(4) Once fibers have been determined to be present, they must be identified. Adjust the microscope for dispersion mode and observe the fibers. The microscope has a rotating stage, one polarizing element, and a system for generating dark-field dispersion microscopy (see Section 4.6. of this appendix). Align a fiber with its length parallel to the polarizer and note the color of the Becke lines. Rotate the stage to bring the fiber length perpendicular to the polarizer and note the color. Repeat this process for every fiber or fiber bundle examined. The colors must be consistent with the colors generated by standard asbestos reference materials for a positive identification. In n=1.550, amphiboles will generally show a yellow to straw-yellow color indicating that the fiber indices of refraction are higher than the liquid. If long, thin fibers are noted and the colors are yellow, prepare further slides as above in the suggested matching liquids listed below:

Type of asbestos Index of refraction

Chrysotile n = 1.550.

Amosite n = 1.670 or 1.680.

Crocidolite n = 1.690.

Anthophyllite n = 1.605 and 1.620.

Tremolite n = 1.605 and 1.620.

Actinolite n = 1.620.

Where more than one liquid is suggested, the first is preferred; however, in some cases this liquid will not give good dispersion color. Take care to avoid interferences in the other liquid; e.g., wollastonite in n=1.620 will give the same colors as tremolite. In n=1.605 wollastonite will appear yellow in all directions. Wollastonite may be determined under crossed polars as it will change from blue to yellow as it is rotated along its fiber axis by tapping on the cover slip. Asbestos minerals will not change in this way.

Determination of the angle of extinction may, when present, aid in the determination of anthophyllite from tremolite. True asbestos fibers usually have 0 deg. extinction or ambiguous extinction, while cleavage fragments have more definite extinction.

Continue analysis until both preparations have been examined and all present species of asbestos are identified. If there are no fibers present, or there is less than 0.1% present, end the analysis with the minimum number of slides (2).

(5) Some fibers have a coating on them which makes dispersion microscopy very difficult or impossible. Becke line analysis or electron microscopy may be performed in those cases. Determine the percentage by light microscopy. TEM analysis tends to overestimate the actual percentage present.

(6) Percentage determination is an estimate of occluded area, tempered by gross observation. Gross observation information is used to make sure that the high magnification microscopy does not greatly over-or under-estimate the amount of fiber present. This part of the analysis requires a great deal of experience. Satisfactory models for asbestos content analysis have not yet been developed, although some models based on metallurgical grain-size determination have found some utility. Estimation is more easily handled in situations where the grain sizes visible at about 160x are about the same and the sample is relatively homogeneous.

View all of the area under the cover slip to make the percentage determination. View the fields while moving the stage, paying attention to the clumps of material. These are not usually the best areas to perform dispersion microscopy because of the interference from other materials. But, they are the areas most likely to represent the accurate percentage in the sample. Small amounts of asbestos require slower scanning and more frequent analysis of individual fields.

Report the area occluded by asbestos as the concentration. This estimate does not generally take into consideration the difference in density of the different species present in the sample. For most samples this is adequate. Simulation studies with similar materials must be carried out to apply microvisual estimation for that purpose and is beyond the scope of this procedure.

(7) Where successive concentrations have been made by chemical or physical means, the amount reported is the percentage of the material in the “as submitted” or original state. The percentage determined by microscopy is multiplied by the fractions remaining after pre-preparation steps to give the percentage in the original sample. For example:

Step 1. 60% remains after heating at 550 deg.C for 1 h.

Step 2. 30% of the residue of step 1 remains after dissolution of carbonate in 0.1 m HCl.

Step 3. Microvisual estimation determines that 5% of the sample is chrysotile asbestos.

The reported result is:

R = (Microvisual result in percent) x (Fraction remaining after step 2)

x (Fraction remaining of original sample after step 1)

R = (5) x (.30) x (.60) = 0.9%

(8) Report the percent and type of asbestos present. For samples where asbestos was identified, but is less than 1.0%, report “Asbestos present, less than 1.0%.” There must have been at least two observed fibers or fiber bundles in the two preparations to be reported as present. For samples where asbestos was not seen, report as “None Detected.”

Auxiliary Information

Because of the subjective nature of asbestos analysis, certain concepts and procedures need to be discussed in more depth. This information will help the analyst understand why some of the procedures are carried out the way they are.

4. 1. Light

Light is electromagnetic energy. It travels from its source in packets called quanta. It is instructive to consider light as a plane wave. The light has a direction of travel. Perpendicular to this and mutually perpendicular to each other, are two vector components. One is the magnetic vector and the other is the electric vector. We shall only be concerned with the electric vector. In this description, the interaction of the vector and the mineral will describe all the observable phenomena. From a light source such a microscope illuminator, light travels in all different direction from the filament.

In any given direction away from the filament, the electric vector is perpendicular to the direction of travel of a light ray. While perpendicular, its orientation is random about the travel axis. If the electric vectors from all the light rays were lined up by passing the light through a filter that would only let light rays with electric vectors oriented in one direction pass, the light would then be POLARIZED.

Polarized light interacts with matter in the direction of the electric vector. This is the polarization direction. Using this property it is possible to use polarized light to probe different materials and identify them by how they interact with light.

The speed of light in a vacuum is a constant at about 2.99 x 10(8) m/s. When light travels in different materials such as air, water, minerals or oil, it does not travel at this speed. It travels slower. This slowing is a function of both the material through which the light is traveling and the wavelength or frequency of the light. In general, the more dense the material, the slower the light travels. Also, generally, the higher the frequency, the slower the light will travel. The ratio of the speed of light in a vacuum to that in a material is called the index of refraction (n). It is usually measured at 589 nm (the sodium D line). If white light (light containing all the visible wavelengths) travels through a material, rays of longer wavelengths will travel faster than those of shorter wavelengths, this separation is called dispersion. Dispersion is used as an identifier of materials as described in Section 4.6.

4.2. Material Properties

Materials are either amorphous or crystalline. The difference between these two descriptions depends on the positions of the atoms in them. The atoms in amorphous materials are randomly arranged with no long range order. An example of an amorphous material is glass. The atoms in crystalline materials, on the other hand, are in regular arrays and have long range order. Most of the atoms can be found in highly predictable locations. Examples of crystalline material are salt, gold, and the asbestos minerals.

It is beyond the scope of this method to describe the different types of crystalline materials that can be found, or the full description of the classes into which they can fall. However, some general crystallography is provided below to give a foundation to the procedures described.

With the exception of anthophyllite, all the asbestos minerals belong to the monoclinic crystal type. The unit cell is the basic repeating unit of the crystal and for monoclinic crystals can be described as having three unequal sides, two 90 deg. angles and one angle not equal to 90 deg.. The orthorhombic group, of which anthophyllite is a member has three unequal sides and three 90 deg. angles. The unequal sides are a consequence of the complexity of fitting the different atoms into the unit cell. Although the atoms are in a regular array, that array is not symmetrical in all directions. There is long range order in the three major directions of the crystal. However, the order is different in each of the three directions. This has the effect that the index of refraction is different in each of the three directions. Using polarized light, we can investigate the index of refraction in each of the directions and identify the mineral or material under investigation. The indices alpha, beta, and gamma are used to identify the lowest, middle, and highest index of refraction respectively. The x direction, associated with alpha is called the fast axis. Conversely, the z direction is associated with gamma and is the slow direction. Crocidolite has alpha along the fiber length making it “length-fast”. The remainder of the asbestos minerals have the gamma axis along the fiber length. They are called “length-slow”. This orientation to fiber length is used to aid in the identification of asbestos.

4.3. Polarized Light Technique

Polarized light microscopy as described in this section uses the phase-polar microscope described in Section 3.2. A phase contrast microscope is fitted with two polarizing elements, one below and one above the sample. The polarizers have their polarization directions at right angles to each other.

Depending on the tests performed, there may be a compensator between these two polarizing elements. A compensator is a piece of mineral with known properties that “compensates” for some deficiency in the optical train. Light emerging from a polarizing element has its electric vector pointing in the polarization direction of the element. The light will not be subsequently transmitted through a second element set at a right angle to the first element. Unless the light is altered as it passes from one element to the other, there is no transmission of light.

4.4. Angle of Extinction

Crystals which have different crystal regularity in two or three main directions are said to be anisotropic. They have a different index of refraction in each of the main directions. When such a crystal is inserted between the crossed polars, the field of view is no longer dark but shows the crystal in color. The color depends on the properties of the crystal. The light acts as if it travels through the crystal along the optical axes. If a crystal optical axis were lined up along one of the polarizing directions (either the polarizer or the analyzer) the light would appear to travel only in that direction, and it would blink out or go dark. The difference in degrees between the fiber direction and the angle at which it blinks out is called the angle of extinction. When this angle can be measured, it is useful in identifying the mineral. The procedure for measuring the angle of extinction is to first identify the polarization direction in the microscope. A commercial alignment slide can be used to establish the polarization directions or use anthophyllite or another suitable mineral. This mineral has a zero degree angle of extinction and will go dark to extinction as it aligns with the polarization directions. When a fiber of anthophyllite has gone to extinction, align the eyepiece reticle or graticule with the fiber so that there is a visual cue as to the direction of polarization in the field of view. Tape or otherwise secure the eyepiece in this position so it will not shift.

After the polarization direction has been identified in the field of view, move the particle of interest to the center of the field of view and align it with the polarization direction. For fibers, align the fiber along this direction. Note the angular reading of the rotating stage. Looking at the particle, rotate the stage until the fiber goes dark or “blinks out”. Again note the reading of the stage. The difference in the first reading and the second is an angle of extinction.

The angle measured may vary as the orientation of the fiber changes about its long axis. Tables of mineralogical data usually report the maximum angle of extinction. Asbestos forming minerals, when they exhibit an angle of extinction, usually do show an angle of extinction close to the reported maximum, or as appropriate depending on the substitution chemistry.

4.5. Crossed Polars with Compensator

When the optical axes of a crystal are not lined up along one of the polarizing directions (either the polarizer or the analyzer) part of the light travels along one axis and part travels along the other visible axis. This is characteristic of birefringent materials.

The color depends on the difference of the two visible indices of refraction and the thickness of the crystal. The maximum difference available is the difference between the alpha and the gamma axes. This maximum difference is usually tabulated as the birefringence of the crystal.

For this test, align the fiber at 45 deg. to the polarization directions in order to maximize the contribution to each of the optical axes. The colors seen are called retardation colors. They arise from the recombination of light which has traveled through the two separate directions of the crystal. One of the rays is retarded behind the other since the light in that direction travels slower. On recombination, some of the colors which make up white light are enhanced by constructive interference and some are suppressed by destructive interference. The result is a color dependent on the difference between the indices and the thickness of the crystal. The proper colors, thicknesses, and retardations are shown on a Michel-Levy chart. The three items, retardation, thickness and birefringence are related by the following relationship:

R = t (n gamma - n alpha)

R = retardation, t = crystal thickness in mm, and

n alpha, gamma = indices of refraction.

Examination of the equation for asbestos minerals reveals that the visible colors for almost all common asbestos minerals and fiber sizes are shades of gray and black. The eye is relatively poor at discriminating different shades of gray. It is very good at discriminating different colors. In order to compensate for the low retardation, a compensator is added to the light train between the polarization elements. The compensator used for this test is a gypsum plate of known thickness and birefringence. Such a compensator when oriented at 45 deg. to the polarizer direction, provides a retardation of 530 nm of the 530 nm wavelength color. This enhances the red color and gives the background a characteristic red to red-magenta color. If this “full-wave” compensator is in place when the asbestos preparation is inserted into the light train, the colors seen on the fibers are quite different. Gypsum, like asbestos has a fast axis and a slow axis. When a fiber is aligned with its fast axis in the same direction as the fast axis of the gypsum plate, the ray vibrating in the slow direction is retarded by both the asbestos and the gypsum. This results in a higher retardation than would be present for either of the two minerals. The color seen is a second order blue. When the fiber is rotated 90 deg. using the rotating stage, the slow direction of the fiber is now aligned with the fast direction of the gypsum and the fast direction of the fiber is aligned with the slow direction of the gypsum. Thus, one ray vibrates faster in the fast direction of the gypsum, and slower in the slow direction of the fiber; the other ray will vibrate slower in the slow direction of the gypsum and faster in the fast direction of the fiber. In this case, the effect is subtractive and the color seen is a first order yellow. As long as the fiber thickness does not add appreciably to the color, the same basic colors will be seen for all asbestos types except crocidolite. In crocidolite the colors will be weaker, may be in the opposite directions, and will be altered by the blue absorption color natural to crocidolite. Hundreds of other materials will give the same colors as asbestos, and therefore, this test is not definitive for asbestos. The test is useful in discriminating against fiberglass or other amorphous fibers such as some synthetic fibers. Certain synthetic fibers will show retardation colors different than asbestos; however, there are some forms of polyethylene and aramid which will show morphology and retardation colors similar to asbestos minerals. This test must be supplemented with a positive identification test when birefringent fibers are present which cannot be excluded by morphology. This test is relatively ineffective for use on fibers less than 1 mm in diameter. For positive confirmation TEM or SEM should be used if no larger bundles or fibers are visible.

4.6. Dispersion Staining

Dispersion microscopy or dispersion staining is the method of choice for the identification of asbestos in bulk materials. Becke line analysis is used by some laboratories and yields the same results as does dispersion staining for asbestos and can be used in lieu of dispersion staining. Dispersion staining is performed on the same platform as the phase-polar analysis with the analyzer and compensator removed. One polarizing element remains to define the direction of the light so that the different indices of refraction of the fibers may be separately determined. Dispersion microscopy is a dark-field technique when used for asbestos. Particles are imaged with scattered light. Light which is unscattered is blocked from reaching the eye either by the back field image mask in a McCrone objective or a back field image mask in the phase condenser. The most convenient method is to use the rotating phase condenser to move an oversized phase ring into place. The ideal size for this ring is for the central disk to be just larger than the objective entry aperture as viewed in the back focal plane. The larger the disk, the less scattered light reaches the eye. This will have the effect of diminishing the intensity of dispersion color and will shift the actual color seen. The colors seen vary even on microscopes from the same manufacturer. This is due to the different bands of wavelength exclusion by different mask sizes. The mask may either reside in the condenser or in the objective back focal plane. It is imperative that the analyst determine by experimentation with asbestos standards what the appropriate colors should be for each asbestos type. The colors depend also on the temperature of the preparation and the exact chemistry of the asbestos. Therefore, some slight differences from the standards should be allowed. This is not a serious problem for commercial asbestos uses. This technique is used for identification of the indices of refraction for fibers by recognition of color. There is no direct numerical readout of the index of refraction. Correlation of color to actual index of refraction is possible by referral to published conversion tables. This is not necessary for the analysis of asbestos. Recognition of appropriate colors along with the proper morphology are deemed sufficient to identify the commercial asbestos minerals. Other techniques including SEM, TEM, and XRD may be required to provide additional information in order to identify other types of asbestos

Make a preparation in the suspected matching high dispersion oil, e.g., n=1.550 for chrysotile. Perform the preliminary tests to determine whether the fibers are birefringent or not. Take note of the morphological character. Wavy fibers are indicative of chrysotile while long, straight, thin, frayed fibers are indicative of amphibole asbestos. This can aid in the selection of the appropriate matching oil. The microscope is set up and the polarization direction is noted as in Section 4.4. Align a fiber with the polarization direction. Note the color. This is the color parallel to the polarizer. Then rotate the fiber rotating the stage 90 deg. so that the polarization direction is across the fiber. This is the perpendicular position. Again note the color. Both colors must be consistent with standard asbestos minerals in the correct direction for a positive identification of asbestos. If only one of the colors is correct while the other is not, the identification is not positive. If the colors in both directions are bluish-white, the analyst has chosen a matching index oil which is higher than the correct matching oil, e.g. the analyst has used n=1.620 where chrysotile is present. The next lower oil (Section 3.5.) should be used to prepare another specimen. If the color in both directions is yellow-white to straw-yellow-white, this indicates that the index of the oil is lower than the index of the fiber, e.g. the preparation is in n=1.550 while anthophyllite is present. Select the next higher oil (Section 3.5.) and prepare another slide. Continue in this fashion until a positive identification of all asbestos species present has been made or all possible asbestos species have been ruled out by negative results in this test. Certain plant fibers can have similar dispersion colors as asbestos. Take care to note and evaluate the morphology of the fibers or remove the plant fibers in pre-preparation. Coating material on the fibers such as carbonate or vinyl may destroy the dispersion color. Usually, there will be some outcropping of fiber which will show the colors sufficient for identification. When this is not the case, treat the sample as described in Section 3.3. and then perform dispersion staining. Some samples will yield to Becke line analysis if they are coated or electron microscopy can be used for identification.

5. References

5.1. Crane, D.T., Asbestos in Air, OSHA method ID160, Revised November 1992.

5.2. Ford, W.E., Dana's Textbook of Mineralogy; Fourth Ed.; John Wiley and Son, New York, 1950, p. vii.

5.3. Selikoff, I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 3,20.

5.4. Women Inspectors of Factories. Annual Report for 1898, H.M. Statistical Office, London, p. 170 (1898).

5.5. Selikoff, I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 26,30.

5.6. Campbell, W.J., et al, Selected Silicate Minerals and Their Asbestiform Varieties, United States Department of the Interior, Bureau of Mines, Information Circular 8751, 1977.

5.7. Asbestos, Code of Federal Regulations, 29 CFR 1910.1001 and 29 CFR 1926.58.

5.8. National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision, Federal Register, Vol. 55, No. 224, 20 November 1990, p. 48410.

5.9. Ross, M. The Asbestos Minerals: Definitions, Description, Modes of Formation, Physical and Chemical Properties and Health Risk to the

Mining Community, Nation Bureau of Standards Special Publication, Washington, D.C., 1977.

5.10. Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in Cappadocia, Turkey, J. Occ Medicine, 1981, 23,(8),548-550.

5.11. Occupational Exposure to Asbestos -- 1972, U.S. Department of Health Education and Welfare, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health, HSM-72-10267.

5.12. Campbell,W.J., et al, Relationship of Mineral Habit to Size Characteristics for Tremolite Fragments and Fibers, United States Department of the Interior, Bureau of Mines, Information Circular 8367, 1979.

5.13. Mefford, D., DCM Laboratory, Denver, private communication, July 1987.

5.14. Deer, W.A., Howie, R.A., Zussman, J., Rock Forming Minerals, Longman, Thetford, UK, 1974.

5.15. Kerr, P.F., Optical Mineralogy; Third Ed. McGraw-Hill, New York, 1959.

5.16. Veblen, D.R. (Ed.), Amphiboles and Other Hydrous Pyriboles -- Mineralogy, Reviews in Mineralogy, Vol 9A, Michigan, 1982, pp 1- 102.

5.17. Dixon, W.C., Applications of Optical Microscopy in the Analysis of Asbestos and Quartz, ACS Symposium Series, No. 120, Analytical Techniques in Occupational Health Chemistry, 1979.

5.18. Polarized Light Microscopy, McCrone Research Institute, Chicago, 1976.

5.19. Asbestos Identification, McCrone Research Institute, G & G printers, Chicago, 1987.

5.20. McCrone, W.C., Calculation of Refractive Indices from Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.

5.21. Levadie, B. (Ed.), Asbestos and Other Health Related Silicates, ASTM Technical Publication 834, ASM, Philadelphia 1982.

5.22. Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical Characteristics of Asbestos, Geology of Asbestos Deposits, pp. 93-101, SME-AIME, 1981.

5.23. Zussman, J., The Mineralogy of Asbestos, Asbestos: Properties, Applications and Hazards, pp. 45-67 Wiley, 1979.

NOTE

Authority cited: Section 142.3. Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix K to section 1529 filed 5-3-96; operative 7-3-96 (Register 96, No. 18).

2. Change without regulatory effect repealing and adopting new Figure 1 filed 5-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 21).

§1530. General Requirements of Mechanical Ventilation Systems.

Note • History

(a) Design and Operation.

(1) When local exhaust ventilation is used, the system (including exhaust fans, jets, ducts, hoods, separators, and all necessary appurtenances) shall be designed, constructed, installed, inspected, tested, maintained, and operated so as to ensure the required protection by maintaining a volume and velocity of exhaust air sufficient to gather dusts, fumes, mists, vapors, or gases from the equipment or processes, and to convey them to suitable points of safe disposal, thereby preventing their dispersion in harmful quantities into the atmosphere of work rooms or other places where persons are employed.

(2) When general mechanical ventilation is used, the volume and distribution of air shall be sufficient to dilute airborne contaminant concentrations in employees' breathing zones to safe levels.

(b) Duration of Operations. The exhaust system shall be in operation continually during all operations for which it is designed. The system shall continue to operate some time after the cessation of said operations, the length of time to depend upon the individual circumstances and effectiveness of the ventilation system.

(1) The air outlet from every dust separator/collector and the dusts, fumes, mists, vapors or gases collected by an exhaust or ventilating system shall discharge to the outside atmosphere, provided that the exhaust system shall discharge to the outer air in such a manner that it will not cause a harmful exposure in any accessible workplace. Collecting systems which return air to work areas may be used if contaminants which accumulate in the work area air do not result in harmful exposure to employees.

(2) The air exhausted from blast-cleaning equipment, grinding, buffing, polishing equipment and all other equipment requiring exhausting of dust or particulate shall be discharged through dust-collecting equipment. Dust and refuse discharged from an exhaust system shall be disposed of in such a manner that it will not result in harmful exposure to employees.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-18-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 12-13-84; effective thirtieth day thereafter (Register 84, No. 50).

§1530.1. Control of Employee Exposures from Dust-Generating Operations Conducted on Concrete or Masonry Materials.

Note • History

(a) Scope and Application. This section applies to the use of powered tools or equipment to cut, grind, core, or drill, concrete or masonry materials.

NOTE: This section does not preclude the application of other sections of Title 8 including, but not limited to, Sections 1509, 1530, 3203, 5141, 5143, 5144, 5155, and 5194.

Exception: This section does not apply to:

(1) Stucco, plastering material, or other similar products.

(2) Wall cladding, siding, or other similar products.

(3) Downward drilling.

(4) Jack-hammering or chipping when that work is incidental to the scope of work or planned operations of a plumbing or landscaping activity.

(5) Work with powder-actuated tools.

(6) Work incidental to the installation of concrete and masonry materials such as the drilling of holes for plumbing fixtures.

(7) Tile backer board when cut with powered shears or a dust reduction blade having a dust containment device.

(b) Definitions.

(1) Concrete or masonry material -- A hard stone-like building material made of clay or made by mixing cement or a combination of cement, sand, gravel, broken stone, or other aggregate with water. Examples include brick, clay brick, concrete block, mortar, natural or manufactured stone, floor, wall, or counter top tile, and terra cotta. Unless otherwise indicated by evidence presented by the employer that the mixture does not include cement, sand, gravel, stone, clay, or aggregate material containing silica, material that is apparently stone-like in appearance and texture shall be presumed to be concrete or masonry material.

(2) Dust containment device -- A device attached to a power tool such as a pouch, bag, plastic container, or similar attachment which is intended to capture dust generated by the power tool. This device is not intended to be a dust reduction system as defined under this section.

(3) Dust reduction system -- Technology that utilizes the application of water or local exhaust ventilation to reduce airborne dust generated by the use of powered tools or equipment. Local exhaust ventilation may include vacuum systems, dust collection systems, and dust exhaust systems.

(4) Powered tools or equipment -- Tools or equipment for which the motive force that disrupts concrete or masonry materials is provided by a source other than human energy. Powered tools or equipment include those powered by electrical, combustion, hydraulic, chemical, or pneumatic energy.

During operations in which powered tools or equipment are used to cut, grind, core, or drill, concrete or masonry materials, a dust reduction system shall be applied to effectively reduce airborne particulate.

EXCEPTION No 1: A dust-reduction system is not required if the operation, without considering any protection provided by personal protective equipment, does not result in employee exposure exceeding the Permissible Exposure Limits for applicable particulates listed in Section 5155 including, but not limited to, crystalline silica, as demonstrated reliably by air sampling data applicable to the specific operation being performed.

EXCEPTION No. 2: A dust reduction system is not required for rooftop operations with roofing tile, roofing pavers, or similar materials.

EXCEPTION No. 3: During the first 24 hours of an operation undertaken in response to an emergency, a dust reduction system is not required where it can reasonably be demonstrated or foreseen that use of a dust reduction system will materially impair the timely progress of the operation. For the purposes of this exception, “emergency” means an unexpected occurrence requiring immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes, but is not limited to, a fire, flood, earthquake or other soil or geologic movement, structural collapse, damage to a subsurface installation, terrorist act, or sabotage.

(d) Safety and effectiveness of dust reduction systems.

(1) Procedures shall be implemented to ensure that dust reduction systems maintain their effectiveness for dust reduction throughout the work shift.

(2) Dust reduction systems shall be installed, operated, and maintained in accordance with manufacturer recommendations to the extent they exist.

(3) Local exhaust ventilation systems shall be designed, tested, maintained, used, and the waste materials they collect disposed of, in compliance with applicable requirements of Sections 1530 and 5143 of these orders.

(4) Where electrical tools are used with water as a dust reduction system, this shall be done in accordance with applicable requirements of the Electrical Safety Orders.

(e) Training.

(1) Employee training. An employer whose operations include using powered tools or equipment to cut, grind, core, or drill concrete or masonry materials shall provide training on the following topics to all employees prior to their assignment to jobs or work areas where the employer will be conducting these operations:

(A) The potential health hazards of overexposure to airborne dust generated from concrete and masonry materials, including silicosis, lung cancer, chronic obstructive lung disease (COPD) and decreased lung function.

(B) Methods used by the employer to control employee exposures to airborne dust from concrete and masonry materials, including wet cutting, local exhaust ventilation systems, and isolation of the process from the operator or other employees by means of distance, enclosure, or other method, as applicable.

(C) Proper use and maintenance of dust reduction systems, including the safe handling and disposal of waste materials collected in connection with their use.

(D) The importance of good personal hygiene and housekeeping practices when working in proximity to dust from concrete and masonry materials including:

1. Not smoking tobacco products; appropriate methods of cleaning up before eating, and appropriate methods of cleaning clothes.

2. Avoiding, to the extent practical, activities that would contribute significantly to an employee's exposure to airborne dusts.

(2) Supervisor training. Prior to engaging in supervision of employees who will be cutting, grinding, drilling, or coring concrete or masonry materials, supervisory employees shall be trained on the following topics:

(A) The information required to be provided by subsection (e)(1) above.

(B) Identification of tasks the employees will perform, which may result in employee exposure to concrete or masonry dust.

(C) Procedures for implementation of the measures used by the employer to reduce the exposure to concrete or masonry dust.

(3) Periodic training. The employer shall conduct the training required by this section at least annually.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 9-22-2008; operative 10-22-2008 (Register 2008, No. 39).

§1531. Respiratory Protective Equipment.

Note • History

Note: The requirements applicable to construction work under this section are identical to those set forth in section 5144.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of subsections (a) and (b) filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

3. Amendment of subsection (g) filed 9-14-78; effective thirtieth day thereafter (Register 78, No. 37).

4. Amendment of subsection (e)(1) filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

5. Amendment filed 12-13-84; effective thirtieth day thereafter (Register 84, No. 50).

6. Amendment of subsection (h) filed 3-20-95; operative 4-19-95 (Register 95, No. 12).

7. Amendment of subsection (e)(3) filed 6-29-95; operative 7-29-95 (Register 95, No. 26).

8. Repealer and new section filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

§1532. Cadmium.

Note • History

(a) Scope.

This standard applies to all occupational exposures to cadmium and cadmium compounds, in all forms, in all construction work where an employee may potentially be exposed to cadmium. Construction work is defined as work involving construction, alteration and/or repair, including but not limited to the following:

(1) wrecking, demolition or salvage of structures where cadmium or materials containing cadmium are present;

(2) use of cadmium containing-paints and cutting, brazing, burning, grinding or welding on surfaces that were painted with cadmium-containing paints;

(3) construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain cadmium, or materials containing cadmium;

(4) cadmium welding; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys;

(5) installation of products containing cadmium;

(6) electrical grounding with cadmium welding, or electrical work using cadmium-coated conduit;

(7) maintaining or retrofitting cadmium-coated equipment;

(8) cadmium contamination/emergency cleanup; and

(9) transportation, disposal, storage, or containment of cadmium or materials containing cadmium on the site or location at which construction activities are performed.

(b) Definitions.

Action level (AL) is defined as an airborne concentration of cadmium of 2.5 micrograms per cubic meter of air (2.5 μg/m3), calculated as an 8-hour time-weighted average (TWA).

Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas or any person authorized by the Chief to be in regulated areas.

Chief means the Chief of the Division of Occupational Safety and Health, or designee.

Competent person, in accordance with section 1504, means a person designated by the employer to act on the employer's behalf who is capable of identifying existing and potential cadmium hazards in the workplace and the proper methods to control them in order to protect workers, and has the authority necessary to take prompt corrective measures to eliminate or control such hazards. The duties of a competent person include at least the following: determining prior to the performance of work whether cadmium is present in the workplace; establishing, where necessary, regulated areas and assuring that access to and from those areas is limited to authorized employees; assuring the adequacy of any employee exposure monitoring required by this standard; assuring that all employees exposed to air cadmium levels above the PEL wear appropriate personal protective equipment and are trained in the use of appropriate methods of exposure control; assuring that proper hygiene facilities are provided and that workers are trained to use those facilities; and assuring that the engineering controls required by this standard are implemented, maintained in proper operating condition, and functioning properly.

Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which results in an unexpected and potentially hazardous release of Cadmium.

Employee exposure and similar language referring to the air cadmium level to which an employee is exposed means the exposure to airborne cadmium that would occur if the employee were not using respiratory protective equipment.

Final medical determination is the written medical opinion of the employee's health status by the examining physician under subsections (l)(3)-(12) or, if multiple physician review under subsection (l)(13) or the alternative physician determination under subsection (l)(14) is invoked, it is the final, written medical finding, recommendation or determination that emerges from that process.

High-efficiency particulate air [HEPA] filter means a filter capable of trapping and retaining at least 99.97 percent of mono-dispersed particles of 0.3 micrometers in diameter.

NIOSH means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.

Regulated area means an area demarcated by the employer where an employee's exposure to airborne concentrations of cadmium exceeds, or can reasonably be expected to exceed the permissible exposure limit (PEL).

The employer shall assure that no employee is exposed to an airborne concentration of cadmium in excess of five micrograms per cubic meter of air (5 μg/m3), calculated as an eight-hour time-weighted average exposure (TWA).

(d) Exposure Monitoring.

(1) General.

(A) Prior to the performance of any construction work where employees may be potentially exposed to cadmium, the employer shall establish the applicability of this standard by determining whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level. The employer shall designate a competent person who shall make this determination. Investigation and material testing techniques shall be used, as appropriate, in the determination. Investigation shall include a review of relevant plans, past reports, material safety data sheets, and other available records, and consultations with the property owner and discussions with appropriate individuals and agencies.

(B) Where cadmium has been determined to be present in the workplace, and it has been determined that there is a possibility the employee's exposure will be at or above the action level, the competent person shall identify employees potentially exposed to cadmium at or above the action level.

(C) Determinations of employee exposure shall be made from breathing-zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium.

(D) Eight-hour TWA exposures shall be determined for each employee on the basis of one or more personal breathing-zone air samples reflecting full shift exposure on each shift, for each job classification, in each work area. Where several employees perform the same job tasks, in the same job classification, on the same shift, in the same work area, and the length, duration, and level of cadmium exposures are similar, an employer may sample a representative fraction of the employees instead of all employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) expected to have the highest cadmium exposures.

(2) Specific.

(A) Initial monitoring. Except as provided for in subsection (d)(2)(C), where a determination conducted under subsection (d)(1)(A) shows the possibility of employee exposure to cadmium at or above the action level, the employer shall conduct exposure monitoring as soon as practicable that is representative of the exposure for each employee in the workplace who is or may be exposed to cadmium at or above the action level.

(B) In addition, if the employee periodically performs tasks that may expose the employee to a higher concentration of airborne cadmium, the employee shall be monitored while performing those tasks.

(C) Where the employer has objective data, as defined in subsection (n)(2), demonstrating that employee exposure to cadmium will not exceed airborne concentrations at or above the action level under the expected conditions of processing, use, or handling, the employer may rely upon such data instead of implementing initial monitoring.

(D) Where a determination conducted under subsections (d)(1) or (d)(2) is made that a potentially exposed employee is not exposed to airborne concentrations of cadmium at or above the action level, the employer shall make a written record of such determination. The record shall include at least the monitoring data developed under subsections (d)(2)(A)-(C), where applicable, and shall also include the date of determination, and the name and social security number of each employee.

(3) Monitoring Frequency (periodic monitoring).

(A) If the initial monitoring or periodic monitoring reveals employee exposures to be at or above the action level, the employer shall monitor at a frequency and pattern needed to assure that the monitoring results reflect with reasonable accuracy the employee's typical exposure levels, given the variability in the tasks performed, work practices, and environmental conditions on the job site, and to assure the adequacy of respiratory selection and the effectiveness of engineering and work practice controls.

(B) If the initial monitoring or the periodic monitoring indicates that employee exposures are below the action level and that result is confirmed by the results of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.

(4) Additional Monitoring.

The employer also shall institute the exposure monitoring required under subsections (d)(2)(A) and (d)(3) whenever there has been a change in the raw materials, equipment, personnel, work practices, or finished products that may result in additional employees being exposed to cadmium at or above the action level or in employees already exposed to cadmium at or above the action level being exposed above the PEL, or whenever the employer or competent person has any reason to suspect that any other change might result in such further exposure.

(5) Employee Notification of Monitoring Results.

(A) No later than five working days after the receipt of the results of any monitoring performed under this section, the employer shall notify each affected employee individually in writing of the results. In addition, within the same time period, the employer shall post the results of the exposure monitoring in an appropriate location that is accessible to all affected employees.

(B) Wherever monitoring results indicate that employee exposure exceeds the PEL, the employer shall include in the written notice a statement that the PEL has been exceeded and a description of the corrective action being taken by the employer to reduce employee exposure to or below the PEL.

(6) Accuracy of Measurement.

The employer shall use a method of monitoring and analysis that has an accuracy of not less than plus or minus 25 percent (±25%), with a confidence level of 95 percent, for airborne concentrations of cadmium at or above the action level and the permissible exposure limit.

(e) Regulated Areas.

(1) Establishment.

The employer shall establish a regulated area wherever an employee's exposure to airborne concentrations of cadmium is, or can reasonably be expected to be in excess of the permissible exposure limit (PEL).

(2) Demarcation.

Regulated areas shall be demarcated from the rest of the workplace in any manner that adequately establishes and alerts employees of the boundaries of the regulated area, including employees who are or may be incidentally in the regulated areas, and that protects persons outside the area from exposure to airborne concentrations of cadmium in excess of the PEL.

(3) Access.

Access to regulated areas shall be limited to authorized persons.

(4) Provision of Respirators.

Each person entering a regulated area shall be supplied with and required to use a respirator, selected in accordance with subsection (g)(2).

(5) Prohibited Activities.

The employer shall assure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas, or carry the products associated with any of these activities into regulated areas or store such products in those areas.

(f) Methods of Compliance.

(1) Compliance Hierarchy.

(A) Except as specified in subsection (f)(1)(B), the employer shall implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the PEL, except to the extent that the employer can demonstrate that such controls are not feasible.

(B) The requirement to implement engineering controls to achieve the PEL does not apply where the employer demonstrates the following:

1. the employee is only intermittently exposed; and

2. the employee is not exposed above the PEL on 30 or more days per year (12 consecutive months).

(C) Wherever engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer nonetheless shall implement such controls to reduce exposures to the lowest levels achievable. The employer shall supplement such controls with respiratory protection that complies with the requirements of subsection (g) and the PEL.

(D) The employer shall not use employee rotation as a method of compliance.

(2) Specific Operations.

(A) Abrasive blasting. Abrasive blasting on cadmium or cadmium-containing materials shall be conducted in a manner that will provide adequate protection.

(B) Heating cadmium and cadmium-containing materials. Welding, cutting, and other forms of heating of cadmium or cadmium-containing materials shall be conducted in accordance with the requirements of sections 1536 and 1537, where applicable.

(3) Prohibitions.

(A) High speed abrasive disc saws and similar abrasive power equipment shall not be used for work on cadmium or cadmium-containing materials unless they are equipped with appropriate engineering controls to minimize emissions, if the exposure levels are above the PEL.

(B) Materials containing cadmium shall not be applied by spray methods, if exposures are above the PEL, unless employees are protected with supplied-air respirators with full facepiece, hood, helmet, suit, operated in positive pressure mode and measures are instituted to limit overspray and prevent contamination of adjacent areas.

(4) Mechanical Ventilation.

(A) When ventilation is used to control exposure, measurements that demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made as necessary to maintain its effectiveness.

(B) Measurements of the system's effectiveness in controlling exposure shall be made as necessary within five working days of any change in production, process, or control that might result in a significant increase in employee exposure to cadmium.

(C) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the system shall have a high efficiency filter and be monitored to assure effectiveness.

(D) Procedures shall be developed and implemented to minimize employee exposure to cadmium when maintenance of ventilation systems and changing of filters is being conducted.

(5) Compliance Program.

(A) Where employee exposure to cadmium exceeds the PEL and the employer is required under subsection (f)(1) to implement controls to comply with the PEL prior to the commencement of the job, the employer shall establish and implement a written compliance program to reduce employee exposure to or below the PEL. To the extent that engineering and work practice controls cannot reduce exposures to or below the PEL, the employer shall include in the written compliance program the use of appropriate respiratory protection to achieve compliance with the PEL.

(B) Written compliance programs shall be reviewed and updated as often and as promptly as necessary to reflect significant changes in the employer's compliance status or significant changes in the lowest air cadmium level that is technologically feasible.

(D) Written compliance programs shall be provided upon request for examination and copying to the Chief, NIOSH, affected employees, and designated employee representatives.

(g) Respiratory Protection.

(1) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

(A) Periods necessary to install or implement feasible engineering and work practice controls when employee exposures exceed the PEL;

(B) Maintenance and repair activities and during those brief or intermittent operations where exposures exceed the PEL and engineering and work practice controls are not feasible, or are not required;

(D) Work operations for which the employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL;

(E) Emergencies;

(F) Work operations for which an employee who is exposed to cadmium at or above the action level requests a respirator; and

(G) Work operations for which engineering controls are not required under subsection (f)(1)(B) to reduce employee exposures that exceed the PEL.

(2) Respirator program.

(A) The employer must implement a respiratory protection program in accordance with section 5144(b) (except (d)(1)(C)) through (m).

(B) If an employee exhibits breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination in accordance with subsection (l)(6)(B) to determine if the employee can use a respirator while performing the required duties.

(C) No employee must use a respirator when, based on their most recent medical examination, the examining physician determines that the employee will be unable to function normally while using a respirator. If the physician determines the employee must be limited in, or removed from, their current job because of the employee's inability to use a respirator, the job limitation or removal must be conducted in accordance with subsections (l)(11) and (12).

(3) Respirator Selection.

(A) The employer must select, and provide to employees, the appropriate respirators specified in Section 5144(d)(3)(A)1.

(B) The employer shall provide a powered, air-purifying respirator (PAPR) in lieu of a negative pressure respirator wherever:

1. An employee entitled to a respirator chooses to use this type of respirator; and

2. This respirator will provide adequate protection to the employee.

(D) The employer shall provide HEPA filters for powered and non-powered air-purifying respirators.

(h) Emergency Situations.

The employer shall develop and implement a written plan for dealing with emergency situations involving substantial releases of airborne cadmium. The plan shall include provisions for the use of appropriate respirators and personal protective equipment. In addition, employees not essential to correcting the emergency situation shall be restricted from the area and normal operations halted in that area until the emergency is abated.

(i) Protective Work Clothing and Equipment.

(1) Provision and Use.

If an employee is exposed to airborne cadmium above the PEL or where skin or eye irritation is associated with cadmium exposure at any level, the employer shall provide at no cost to the employee, and assure that the employee uses, appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments. Protective work clothing and equipment includes, but is not limited to:

(A) Coveralls or similar full-body work clothing;

(B) Gloves, head coverings, and boots or foot coverings; and

(2) Removal and Storage.

(A) The employer shall assure that employees remove all protective clothing and equipment contaminated with cadmium at the completion of the work shift and do so only in change rooms provided in accordance with subsection (j)(1).

(B) The employer shall assure that no employee takes cadmium-contaminated protective clothing or equipment from the workplace, except for employees authorized to do so for purposes of laundering, cleaning, maintaining, or disposing of cadmium-contaminated protective clothing and equipment at an appropriate location or facility away from the workplace.

(C) The employer shall assure that contaminated protective clothing and equipment, when removed for laundering, cleaning, maintenance, or disposal, is placed and stored in sealed, impermeable bags or other closed, impermeable containers that are designed to prevent dispersion of cadmium dust.

(D) The employer shall assure that containers of contaminated protective clothing and equipment that are to be taken out of the change rooms or the workplace for laundering, cleaning, maintenance or disposal shall bear labels in accordance with subsection (m)(3).

(3) Cleaning, Replacement, and Disposal.

(A) The employer shall provide the protective clothing and equipment required by subsection (i)(1) in a clean and dry condition as often as necessary to maintain its effectiveness, but in any event at least weekly. The employer is responsible for cleaning and laundering the protective clothing and equipment required by this subsection to maintain its effectiveness and is also responsible for disposing of such clothing and equipment.

(B) The employer also is responsible for repairing or replacing required protective clothing and equipment as needed to maintain its effectiveness. When rips or tears are detected while an employee is working they shall be immediately mended, or the worksuit shall be immediately replaced.

(C) The employer shall prohibit the removal of cadmium from protective clothing and equipment by blowing, shaking, or any other means that disperses cadmium into the air.

(D) The employer shall assure that any laundering of contaminated clothing or cleaning of contaminated equipment in the workplace is done in a manner that prevents the release of airborne cadmium in excess of the permissible exposure limit prescribed in subsection (c).

(E) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with cadmium of the potentially harmful effects of exposure to cadmium, and that the clothing and equipment should be laundered or cleaned in a manner to effectively prevent the release of airborne cadmium in excess of the PEL.

(j) Hygiene Areas and Practices.

(1) General.

For employees whose airborne exposure to cadmium is above the PEL, the employer shall provide clean change rooms, handwashing facilities, showers, and lunchroom facilities that comply with sections 1524, 1526 and 1527.

(2) Change Rooms.

The employer shall assure that change rooms are equipped with separate storage facilities for street clothes and for protective clothing and equipment, which are designed to prevent dispersion of cadmium and contamination of the employee's street clothes.

(3) Showers and Handwashing Facilities.

(A) The employer shall assure that employees whose airborne exposure to cadmium is above the PEL shower during the end of the work shift.

(B) The employer shall assure that employees who are exposed to cadmium above the PEL wash their hands and faces prior to eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics.

(4) Lunchroom Facilities.

(A) The employer shall assure that the lunchroom facilities are readily accessible to employees, that tables for eating are maintained free of cadmium, and that no employee in a lunchroom facility is exposed at any time to cadmium at or above a concentration of 2.5 μg/m3.

(B) The employer shall assure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface cadmium has been removed from the clothing and equipment by HEPA vacuuming or some other method that removes cadmium dust without dispersing it.

(k) Housekeeping.

(1) All surfaces shall be maintained as free as practicable of accumulations of cadmium.

(2) All spills and sudden releases of material containing cadmium shall be cleaned up as soon as possible.

(3) Surfaces contaminated with cadmium shall, wherever possible, be cleaned by vacuuming or other methods that minimize the likelihood of cadmium becoming airborne.

(4) HEPA-filtered vacuuming equipment or equally effective filtration methods shall be used for vacuuming. The equipment shall be used and emptied in a manner that minimizes the reentry of cadmium into the workplace.

(5) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other methods that minimize the likelihood of cadmium becoming airborne have been tried and found not to be effective.

(6) Compressed air shall not be used to remove cadmium from any surface unless the compressed air is used in conjunction with a ventilation system designed to capture the dust cloud created by the compressed air.

(7) Waste, scrap, debris, bags, containers, personal protective equipment, and clothing contaminated with cadmium and consigned for disposal shall be collected and disposed of in sealed impermeable bags or other closed, impermeable containers. These bags and containers shall be labeled in accordance with subsection (m)(3).

(l) Medical Surveillance.

(1) General.

(A) Scope.

1. Currently exposed - The employer shall institute a medical surveillance program for all employees who are or may be exposed at or above the action level and all employees who perform the following tasks, operations or jobs: electrical grounding with cadmium welding; cutting, brazing, burning, grinding or welding on surfaces that were painted with cadmium-containing paints; electrical work using cadmium-coated conduit; use of cadmium containing paints; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys; fusing of reinforced steel by cadmium welding; maintaining or retrofitting cadmium-coated equipment; and, wrecking and demolition where cadmium is present. A medical surveillance program will not be required if the employer demonstrates that the employee:

a. is not currently exposed by the employer to airborne concentrations of cadmium at or above the action level on 30 or more days per year (twelve consecutive months); and,

b. is not currently exposed by the employer in those tasks on 30 or more days per year (twelve consecutive months).

2. Previously exposed - The employer shall also institute a medical surveillance program for all employees who might previously have been exposed to cadmium by the employer prior to the effective date of this standard in tasks specified under subsection (l)(1)(A)1., unless the employer demonstrates that the employee did not in the years prior to the effective date of this section work in those tasks for the employer with exposure to cadmium for an aggregated total of more than 12 months.

(B) To determine an employee's fitness for using a respirator, the employer shall provide the limited medical examination specified in subsection (l)(6).

(C) The employer shall assure that all medical examinations and procedures required by this section are performed by or under the supervision of a licensed physician, who has read and is familiar with the health effects section of Appendix A, the regulatory text of this section, the protocol for sample handling and lab selection in Appendix F, and the questionnaire of Appendix D.

(D) The employer shall provide the medical surveillance required by this section, including multiple physician review under subsection (l)(13) without cost to employees, and at a time and place that is reasonable and convenient to employees.

(E) The employer shall assure that the collecting and handling of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees under this section is done in a manner that assures their reliability and that analysis of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees under this section is performed in laboratories with demonstrated proficiency to perform the particular analysis. (See Appendix F.)

(2) Initial Examination.

(A) For employees covered by medical surveillance under subsection (l)(1)(A), the employer shall provide an initial medical examination. The examination shall be provided to those employees within 30 days after initial assignment to a job with exposure to cadmium or no later than 90 days after the effective date of this section, whichever date is later.

(B) The initial medical examination shall include:

1. A detailed medical and work history, with emphasis on: past, present, and anticipated future exposure to cadmium; any history of renal, cardiovascular, respiratory, hematopoietic, reproductive, and/or musculo-skeletal system dysfunction; current usage of medication with potential nephrotoxic side-effects; and smoking history and current status; and

2. Biological monitoring that includes the following tests:

a. Cadmium in urine (CdU), standardized to grams of creatinine (g/Cr);

b. Beta-2 microglobulin in urine (β2-M), standardized to grams of creatinine (g/Cr), with pH specified, as described in Appendix F; and

c. Cadmium in blood (CdB), standardized to liters of whole blood (lwb).

(C) Recent Examination: An initial examination is not required to be provided if adequate records show that the employee has been examined in accordance with the requirements of subsection (l)(2)(B) within the past 12 months. In that case, such records shall be maintained as part of the employee's medical record and the prior exam shall be treated as if it were an initial examination for the purposes of subsections (l)(3) and (4).

(3) Actions Triggered by Initial Biological Monitoring:

(A) If the results of the biological monitoring tests in the initial examination show the employee's CdU level to be at or below 3 μg/g Cr, β2-M level to be at or below 300 μg/g Cr and CdB level to be at or below 5 μg/lwb, then:

1. for employees who are subject to medical surveillance under subsections (l)(1)(A)1. because of current or anticipated exposure to cadmium, the employer shall provide the minimum level of periodic medical surveillance in accordance with the requirements in subsection (l)(4)(A); and

2. for employees who are subject to medical surveillance under subsection (l)(1)(A)2. because of prior but not current exposure, the employer shall provide biological monitoring for CdU, β2-M, and CdB one year after the initial biological monitoring and then the employer shall comply with the requirements of subsection (l)(4)(F).

(B) For all employees who are subject to medical surveillance under subsection (l)(1)(A), if the results of the initial biological monitoring tests show the level of CdU to exceed 3 μg/g Cr, the level of β2-M to be in excess of 300 μg/g Cr, or the level of CdB to be in excess of 5 μg/lwb, the employer shall:

1. within two weeks after receipt of biological monitoring results, reassess the employee's occupational exposure to cadmium as follows:

a. reassess the employee's work practices and personal hygiene;

b. reevaluate the employee's respirator use, if any, and the respirator program;

c. review the hygiene facilities;

d. reevaluate the maintenance and effectiveness of the relevant engineering controls;

e. assess the employee's smoking history and status;

2. within 30 days after the exposure reassessment, specified in (l)(3)(B)1., take reasonable steps to correct any deficiencies found in the reassessment that may be responsible for the employee's excess exposure to cadmium; and,

3. within 90 days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of subsection (l)(4)(B). After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. If the physician determines that medical removal is not necessary, then until the employee's CdU level falls to or below 3 μg/g Cr, β2-M level falls to or below 300 μg/g Cr and CdB level falls to or below 5 μg/lwb, the employer shall:

a. Provide biological monitoring in accordance with subsection (l)(2)(B)2. on a semiannual basis; and

b. Provide annual medical examinations in accordance with subsection (l)(4)(B).

(C) For all employees who are subject to medical surveillance under subsection (l)(1)(A), if the results of the initial biological monitoring tests show the level of CdU to be in excess of 15 μg/g Cr, or the level of CdB to be in excess of 15 μg/lwb, or the level of β2-M to be in excess of 1,500 μg/g Cr, the employer shall comply with the requirements of subsections (l)(3)(B)1.-2.. Within 90 days after receipt of biological monitoring results, the employer shall provide a full medical examination to the employee in accordance with the requirements of subsection (l)(4)(B). After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 15 μg/g Cr; or CdB exceeds 15 μg/lwb; or β2-M exceeds 1500 μg/g Cr, and in addition CdU exceeds 3 μg/g Cr or CdB exceeds 5 μg/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this subsection. If the employee is not required to be removed by the mandatory provisions of this subsection or by the physician's determination, then until the employee's CdU level falls to or below 3 μg/g Cr, β2-M level falls to or below 300 μg/g Cr and CdB level falls to or below 5 μg/lwb, the employer shall:

1. Periodically reassess the employee's occupational exposure to cadmium;

2. Provide biological monitoring in accordance with subsection (l)(2)(B)2. on a quarterly basis; and

3. Provide semiannual medical examinations in accordance with subsection (l)(4)(B).

(D) For all employees to whom medical surveillance is provided, beginning on January 1, 1999, and in lieu of subsection (l)(3)(C), whenever the results of initial biological monitoring tests show the employee's CdU level to be in excess of 7 μg/g Cr, or β2-M level to be in excess of 750 μg/g Cr, or CdB level to be in excess of 10 μg/lwb, the employer shall comply with the requirements of subsection (l)(3)(B)1.-2.. Within 90 days after receipt of biological monitoring results, the employer shall provide a full medical examination to the employee in accordance with the requirements of subsection (l)(4)(B). After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 7 μg/g Cr; or CdB exceeds 10 μg/lwb; or β2-M exceeds 750 μg/g Cr, and in addition CdU exceeds 3 μg/g Cr or CdB exceeds 5 μg/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this subsection. If the employee is not required to be removed by the mandatory provisions of this subsection or by the physician's determination, then until the employee's CdU level falls to or below 3 μg/g Cr, β2-M level falls to or below 300 μg/g Cr and CdB level falls to or below 5 μg/lwb, the employer shall:

1. Periodically reassess the employee's occupational exposure to cadmium;

2. Provide biological monitoring in accordance with subsection (l)(2)(B)2. on a quarterly basis; and

3. Provide semiannual medical examinations in accordance with subsection (l)(4)(B).

(4) Periodic Medical Surveillance.

(A) For each employee who is covered by medical surveillance under subsection (l)(1)(A)1. because of current or anticipated exposure to cadmium, the employer shall provide at least the minimum level of periodic medical surveillance, which consists of periodic medical examinations and periodic biological monitoring. A periodic medical examination shall be provided within one year after the initial examination required by subsection (l)(2) and thereafter at least biennially. Biological sampling shall be provided at least annually either as part of a periodic medical examination or separately as periodic biological monitoring.

(B) The periodic medical examination shall include:

1. A detailed medical and work history, or update thereof, with emphasis on: past, present and anticipated future exposure to cadmium; smoking history and current status; reproductive history; current use of medications with potential nephrotoxic side-effects; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; and as part of the medical and work history, for employees who wear respirators, questions 3-11 and 25-32 in Appendix D;

2. A complete physical examination with emphasis on: blood pressure, the respiratory system, and the urinary system;

3. A 14 inch by 17 inch, or a reasonably standard sized posterior-anterior chest X-ray (after the initial X-ray, the frequency of chest X-rays is to be determined by the examining physician);

4. Pulmonary function tests, including forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1);

5. Biological monitoring, as required in subsection (l)(2)(B)2.;

6. Blood analysis, in addition to the analysis required under subsection (l)(2)(B)2., including blood urea nitrogen, complete blood count, and serum creatinine;

7. Urinalysis, in addition to the analysis required under subsection (l)(2)(B)2., including the determination of albumin, glucose, and total and low molecular weight proteins;

8. For males over 40 years old, prostate palpation, or other at least as effective diagnostic test(s), and;

9. Any additional tests or procedures deemed appropriate by the examining physician.

(D) If the results of periodic biological monitoring or the results of biological monitoring performed as part of the periodic medical examination show the level of the employee's CdU, b2-M, or CdB to be in excess of the levels specified in subsections (l)(3)(B) or (C); or, beginning on January 1, 1999, in excess of the levels specified in subsection (l)(3)(B) or (D), the employer shall take the appropriate actions specified in subsections (l)(3)(B)-(D), respectively.

(E) For previously exposed employees under subsection (l)(1)(A)2.:

1. If the employee's levels of CdU did not exceed 3 μg/g Cr, CdB did not exceed 5 μg/lwb, and β2-M did not exceed 300 μg/g Cr in the initial biological monitoring tests, and if the results of the followup biological monitoring required by subsection (l)(3)(A)2. one year after the initial examination confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.

2. If the initial biological monitoring results for CdU, CdB, or β2-M were in excess of the levels specified in (l)(3)(A), but subsequent biological monitoring results required by (l)(3)(B)-(D) show that the employee's CdU levels no longer exceed 3 μg/g Cr, CdB levels no longer exceed 5 μg/lwb, and β2-M levels no longer exceed 300 μg/g Cr, the employer shall provide biological monitoring for CdU, CdB, and β2-M one year after these most recent biological monitoring results. If the results of the followup biological monitoring, specified in this subsection, confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.

3. However, if the results of the follow-up tests specified in (l)(4)(E)1. or 2. indicate that the level of the employee's CdU, β2-M, or CdB exceeds these same levels, the employer is required to provide annual medical examinations in accordance with the provisions of subsection (l)(4)(B) until the results of biological monitoring are consistently below these levels or the examining physician determines in a written medical opinion that further medical surveillance is not required to protect the employee's health.

(F) A routine, biennial medical examination is not required to be provided in accordance with subsections (l)(3)(A) and (l)(4) if adequate medical records show that the employee has been examined in accordance with the requirements of subsection (l)(4)(B) within the past 12 months. In that case, such records shall be maintained by the employer as part of the employee's medical record, and the next routine, periodic medical examination shall be made available to the employee within two years of the previous examination.

(5) Actions Triggered by Medical Examinations:

(A) If the results of a medical examination carried out in accordance with this section indicate any laboratory or clinical finding consistent with cadmium toxicity that does not require employer action under subsections (l)(2), (3) or (4), the employer shall take the following steps and continue to take them until the physician determines that they are no longer necessary.

1. Periodically reassess: the employee's work practices and personal hygiene; the employee's respirator use, if any; the employee's smoking history and status; the respiratory protection program; the hygiene facilities; the maintenance and effectiveness of the relevant engineering controls; and take all reasonable steps to correct the deficiencies found in the reassessment that may be responsible for the employee's excess exposure to cadmium.

2. Provide semi-annual medical reexaminations to evaluate the abnormal clinical sign(s) of cadmium toxicity until the results are normal or the employee is medically removed; and

3. Where the results of tests for total proteins in urine are abnormal, provide a more detailed medical evaluation of the toxic effects of cadmium on the employee's renal system.

(6) Examination for Respirator Use:

(A) To determine an employee's fitness for respirator use, the employer shall provide a medical examination that includes the elements specified in (l)(6)(A)1.-4.. This examination shall be provided prior to the employee's being assigned to a job that requires the use of a respirator or no later than 90 days after this section goes into effect, whichever date is later, to any employee without a medical examination within the preceding 12 months that satisfies the requirements of this subsection.

1. A detailed medical and work history, or update thereof, with emphasis on: past exposure to cadmium; smoking history and current status; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; a description of the job for which the respirator is required; and questions 3-11 and 25-32 in Appendix D;

2. A blood pressure test;

3. Biological monitoring of the employee's levels of CdU, CdB and β2-M in accordance with the requirements of subsection (l)(2)(B)2., unless such results already have been obtained within the twelve months; and

4. Any other test or procedure that the examining physician deems appropriate.

(B) After reviewing all the information obtained from the medical examination required in subsection (l)(6)(A), the physician shall determine whether the employee is fit to wear a respirator.

(C) Whenever an employee has exhibited difficulty in breathing during a respirator fit test or during use of a respirator, the employer, as soon as possible, shall provide the employee with a periodic medical examination in accordance with subsection (l)(4)(B) to determine the employee's fitness to wear a respirator.

(D) Where the results of the examination required under subsection (l)(6)(A), (B) or (C) are abnormal, medical limitation or prohibition of respirator use shall be considered. If the employee is allowed to wear a respirator, the employee's ability to continue to do so shall be periodically evaluated by a physician.

(7) Emergency Examinations:

(A) In addition to the medical surveillance required in subsections (l)(2)-(6), the employer shall provide a medical examination as soon as possible to any employee who may have been acutely exposed to cadmium because of an emergency.

(B) The examination shall include the requirements of subsection (l)(4)(B), with emphasis on the respiratory system, other organ systems considered appropriate by the examining physician, and symptoms of acute overexposure, as identified in subsections II(B)(1)-(2) and IV of Appendix A.

(8) Termination of Employment Examination:

(A) At termination of employment, the employer shall provide a medical examination in accordance with subsection (l)(4)(B), including a chest X-ray where necessary, to any employee to whom at any prior time the employer was required to provide medical surveillance under subsections (l)(1)(A) or (l)(7). However, if the last examination satisfied the requirements of subsection (l)(4)(B) of this standard and was less than six months prior to the date of termination, no further examination is required unless otherwise specified in subsections (l)(3) or (l)(5);

(B) In addition, if the employer has discontinued all periodic medical surveillance under (l)(4)(E), no termination of employment medical examination is required.

(9) Information Provided to the Physician:

The employer shall provide the following information to the examining physician:

(A) A copy of this standard and appendices;

(B) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to cadmium;

(D) A description of any personal protective equipment, including respirators, used or to be used by the employee, including when and for how long the employee has used that equipment; and

(E) Relevant results of previous biological monitoring and medical examinations.

(10) Physician's Written Medical Opinion:

(A) The employer shall promptly obtain a written, signed medical opinion from the examining physician for each medical examination performed on each employee. This written opinion shall contain:

1. The physician's diagnosis for the employee;

2. The physician's opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to cadmium, including any indications of potential cadmium toxicity;

3. The results of any biological or other testing or related evaluations that directly assess the employee's absorption of cadmium;

4. Any recommended removal from, or limitation on the activities or duties of the employee or on the employee's use of personal protective equipment, such as respirators;

5. A statement that the physician has clearly and carefully explained to the employee the results of the medical examination, including all biological monitoring results and any medical conditions related to cadmium exposure that require further evaluation or treatment, and any limitation on the employee's diet or use of medications.

(B) The employer shall promptly obtain a copy of the results of any biological monitoring provided by an employer to an employee independently of a medical examination under subsections (l)(2) and (l)(4), and, in lieu of a written medical opinion, an explanation sheet explaining those results.

(C) The employer shall instruct the physician not to reveal orally or in the written medical opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to cadmium.

(11) Medical Removal Protection (MRP):

(A) General.

1. The employer shall temporarily remove an employee from work where there is excess exposure to cadmium on each occasion that medical removal is required under subsections (l)(3), (l)(4), or (l)(6) and on each occasion that a physician determines in a written medical opinion that the employee should be removed from such exposure. The physician's determination may be based on biological monitoring results, inability to wear a respirator, evidence of illness, other signs or symptoms of cadmium-related dysfunction or disease, or any other reason deemed medically sufficient by the physician.

2. The employer shall medically remove an employee in accordance with subsection (l)(11) regardless of whether at the time of removal a job is available into which the removed employee may be transferred.

3. Whenever an employee is medically removed under subsection (l)(11), the employer shall transfer the removed employee to a job where the exposure to cadmium is within the permissible levels specified in that subsection as soon as one becomes available.

4. For any employee who is medically removed under the provisions of subsection (l)(11)(A), the employer shall provide follow-up medical examinations semi-annually until, in a written medical opinion, the examining physician determines that either the employee may be returned to his/her former job status or the employee must be permanently removed from excess cadmium exposure.

5. The employer may not return an employee who has been medically removed for any reason to his/her former job status until a physician determines in a written medical opinion that continued medical removal is no longer necessary to protect the employee's health.

(B) Where an employee is found unfit to wear a respirator under subsection (l)(6)(B), the employer shall remove the employee from work where exposure to cadmium is above the PEL.

(C) Where removal is based upon any reason other than the employee's inability to wear a respirator, the employer shall remove the employee from work where exposure to cadmium is at or above the action level.

(D) Except as specified in subsection (l)(11)(E), no employee who was removed because his/her level of CdU, CdB and/or β2-M exceeded the trigger levels in subsections (l)(3) or (l)(4) may be returned to work with exposure to cadmium at or above the action level until the employee's levels of CdU fall to or below 3 μg/g Cr, CdB fall to or below 5 μg/lwb, and β2-M fall to or below 300 μg/g Cr.

(E) However, when in the examining physician's opinion continued exposure to cadmium will not pose an increased risk to the employee's health and there are special circumstances that make continued medical removal an inappropriate remedy, the physician shall fully discuss these matters with the employee, and then in a written determination may return a worker to his/her former job status despite what would otherwise be unacceptably high biological monitoring results. Thereafter and until such time as the employee's biological monitoring results have decreased to levels where he/she could have been returned to his/her former job status, the returned employee shall continue medical surveillance as if he/she were still on medical removal. Until such time, the employee is no longer subject to mandatory medical removal. Subsequent questions regarding the employee's medical removal shall be decided solely by a final medical determination.

(F) Where an employer, although not required by this section to do so, removes an employee from exposure to cadmium or otherwise places limitations on an employee due to the effects of cadmium exposure on the employee's medical condition, the employer shall provide the same medical removal protection benefits to that employee under subsection (l)(12) as would have been provided had the removal been required under subsection (l)(11).

(12) Medical Removal Protection Benefits.

(A) The employer shall provide medical removal protection benefits to an employee for up to a maximum of 18 months each time, and while the employee is temporarily medically removed under subsection (l)(11).

(B) For purposes of this section, the requirement that the employer provide medical removal protection benefits means that the employer shall maintain the total normal earnings, seniority, and all other employee rights and benefits of the removed employee, including the employee's right to his/her former job status, as if the employee had not been removed from the employee's job or otherwise medically limited.

(C) Where, after 18 months on medical removal because of elevated biological monitoring results, the employee's monitoring results have not declined to a low enough level to permit the employee to be returned to his/her former job status:

1. the employer shall make available to the employee a medical examination pursuant to this section in order to obtain a final medical determination as to whether the employee may be returned to his/her former job status or must be permanently removed from excess cadmium exposure; and

2. the employer shall assure that the final medical determination indicates whether the employee may be returned to his/her former job status and what steps, if any, should be taken to protect the employee's health;

(D) The employer may condition the provision of medical removal protection benefits upon the employee's participation in medical surveillance provided in accordance with this section.

(13) Multiple Physician Review.

(A) If the employer selects the initial physician to conduct any medical examination or consultation provided to an employee under this section, the employee may designate a second physician to:

1. Review any findings, determinations, or recommendations of the initial physician; and

2. Conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

(B) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician provided by the employer conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, multiple physician review upon the employee doing the following within fifteen (15) days after receipt of this notice, or receipt of the initial physician's written opinion, whichever is later:

1. Informing the employer that he or she intends to seek a medical opinion; and

2. Initiating steps to make an appointment with a second physician.

(C) If the findings, determinations, or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve any disagreement.

(D) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee, through their respective physicians, shall designate a third physician to:

1. Review any findings, determinations, or recommendations of the other two physicians; and

2. Conduct such examinations, consultations, laboratory tests, and discussions with the other two physicians as the third physician deems necessary to resolve the disagreement among them.

(E) The employer shall act consistently with the findings, determinations, and recommendations of the third physician, unless the employer and the employee reach an agreement that is consistent with the recommendations of at least one of the other two physicians.

(14) Alternate Physician Determination.

The employer and an employee or designated employee representative may agree upon the use of any alternate form of physician determination in lieu of the multiple physician review provided by subsection (l)(13), so long as the alternative is expeditious and at least as protective of the employee.

(15) Information the Employer Must Provide the Employee.

(A) The employer shall provide a copy of the physician's written medical opinion to the examined employee within five working days after receipt thereof.

(B) The employer shall provide the employee with a copy of the employee's biological monitoring results and an explanation sheet explaining the results within five working days after receipt thereof.

(C) Within 30 days after a request by an employee, the employer shall provide the employee with the information the employer is required to provide the examining physician under subsection (l)(9).

(16) Reporting.

In addition to other medical events that are required to be reported on the Cal/OSHA Form No. 200, the employer shall report any abnormal condition or disorder caused by occupational exposure to cadmium associated with employment as specified in Title 8, Section 14301.

(m) Communication of Cadmium Hazards to Employees.

(1) General.

In communications concerning cadmium hazards, employers shall comply with the requirements of the Hazard Communication Standard, section 5194, including but not limited to the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training. In addition, employers shall comply with the following requirements:

(2) Warning Signs.

(A) Warning signs shall be provided and displayed in regulated areas. In addition, warning signs shall be posted at all approaches to regulated areas so that an employee may read the signs and take necessary protective steps before entering the area.

(B) Warning signs required by subsection (m)(2)(A) shall bear the following information:

DANGER

CADMIUM

CANCER HAZARD

CAN CAUSE LUNG AND KIDNEY DISEASE

AUTHORIZED PERSONNEL ONLY

RESPIRATORS REQUIRED IN THIS AREA

(C) The employer shall assure that signs required by this subsection are illuminated, cleaned, and maintained as necessary so that the legend is readily visible.

(3) Warning Labels.

(A) Shipping and storage containers containing cadmium, cadmium compounds, or cadmium contaminated clothing, equipment, waste, scrap, or debris shall bear appropriate warning labels, as specified in subsection (m)(3)(B).

(B) The warning labels shall include at least the following information:

DANGER

CONTAINS CADMIUM

CANCER HAZARD

AVOID CREATING DUST

CAN CAUSE LUNG AND KIDNEY DISEASE

(4) Employee Information and Training.

(A) The employer shall institute a training program for all employees who are potentially exposed to cadmium, assure employee participation in the program, and maintain a record of the contents of such program.

(B) Training shall be provided prior to or at the time of initial assignment to a job involving potential exposure to cadmium and at least annually thereafter.

(C) The employer shall make the training program understandable to the employee and shall assure that each employee is informed of the following:

1. The health hazards associated with cadmium exposure, with special attention to the information incorporated in Appendix A;

2. The quantity, location, manner of use, release, and storage of cadmium in the workplace and the specific nature of operations that could result in exposure to cadmium, especially exposures above the PEL;

3. The engineering controls and work practices associated with the employee's job assignment;

4. The measures employees can take to protect themselves from exposure to cadmium, including modification of such habits as smoking and personal hygiene, and specific procedures the employer has implemented to protect employees from exposure to cadmium such as appropriate work practices, emergency procedures, and the provision of personal protective equipment;

5. The purpose, proper selection, fitting, proper use, and limitations of respirators and protective clothing;

6. The purpose and a description of the medical surveillance program required by subsection (l);

7. The contents of this section and its appendices, and,

8. The employee's rights of access to records under section 3204(e) and (g).

(D) Additional access to information and training program and materials.

1. The employer shall make a copy of this section and its appendices readily available to all affected employees and shall provide a copy without cost if requested.

2. Upon request, the employer shall provide to the Chief or NIOSH all materials relating to the employee information and the training program.

(5) Multi-employer Workplace.

In a multi-employer workplace, an employer who produces, uses, or stores cadmium in a manner that may expose employees of other employers to cadmium shall notify those employers of the potential hazard in accordance with subsection (e) of the hazard communication standard, section 5194.

(n) Recordkeeping.

(1) Exposure Monitoring.

(A) The employer shall establish and keep an accurate record of all air monitoring for cadmium in the workplace.

(B) This record shall include at least the following information:

1. The monitoring date, shift, duration, air volume, and results in terms of an 8-hour TWA of each sample taken, and if cadmium is not detected, the detection level;

2. The name, social security number, and job classification of all employees monitored and of all other employees whose exposures the monitoring result is intended to represent, including, where applicable, a description of how it was determined that the employee's monitoring result could be taken to represent other employee's exposures;

3. A description of the sampling and analytical methods used and evidence of their accuracy;

4. The type of respiratory protective device, if any, worn by the monitored employee and by any other employee whose exposure the monitoring result is intended to represent;

5. A notation of any other conditions that might have affected the monitoring results.

6. Any exposure monitoring or objective data that were used and the levels.

(D) The employer shall also provide a copy of the results of an employee's air monitoring prescribed in subsection (d) of this standard to an industry trade association and to the employee's union, if any, or, if either of such associations or unions do not exist, to another comparable organization that is competent to maintain such records and is reasonably accessible to employers and employees in the industry.

(2) Objective Data for Exemption from Requirement for Initial Monitoring.

(A) For purposes of this section, objective data are information demonstrating that a particular product or material containing cadmium or a specific process, operation, or activity involving cadmium cannot release dust or fumes in concentrations at or above the action level even under the worst-case release conditions. Objective data can be obtained from an industry-wide study or from laboratory product test results from manufacturers of cadmium-containing products or materials. The data the employer uses from an industry-wide survey must be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices and environmental conditions in the employer's current operations.

(B) The employer shall maintain the record for at least 30 years of the objective data relied upon.

(3) Medical Surveillance.

(A) The employer shall establish and maintain an accurate record for each employee covered by medical surveillance under subsection (l)(1)(A).

(B) The record shall include at least the following information about the employee:

1. Name, social security number, and description of duties;

2. A copy of the physician's written opinions and of the explanation sheets for biological monitoring results;

3. A copy of the medical history, and the results of any physical examination and all test results that are required to be provided by this section, including biological tests, X-rays, pulmonary function tests, etc., or that have been obtained to further evaluate any condition that might be related to cadmium exposure;

4. The employee's medical symptoms that might be related to exposure to cadmium; and

5. A copy of the information provided to the physician as required by subsection (l)(9).

(C) The employer shall assure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with section 3204.

(D) At the employee's request, the employer shall promptly provide a copy of the employee's medical record, or update as appropriate, to a medical doctor or a union specified by the employee.

(4) Training.

The employer shall certify that employees have been trained by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed. The certification records shall be prepared at the completion of training and shall be maintained on file for one (1) year beyond the date of training of that employee.

(5) Availability.

(A) Except as otherwise provided for in this section, access to all records required to be maintained by subsections (n)(1)-(4) shall be in accordance with the provisions of section 3204.

(B) Within 15 days after a request, the employer shall make an employee's medical records required to be kept by subsection (n)(3) available for examination and copying to the subject employee, to designated representatives, to anyone having the specific written consent of the subject employee, and after the employee's death or incapacitation, to the employee's family members.

(6) Transfer of Records.

Whenever an employer ceases to do business and there is no successor employer or designated organization to receive and retain records for the prescribed period, the employer shall comply with the requirements concerning transfer of records set forth in section 3204 (h).

(o) Observation of Monitoring.

(1) Employee Observation.

The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to cadmium.

(2) Observation Procedures.

When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with that clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.

(p) Reporting requirements. See section 5203.

(q) Dates.

(1) Effective Date.

This section shall become effective on June 14, 1993.

(2) Start-up Dates.

All obligations of this section commence on the effective date except as follows:

(A) Exposure monitoring. Except for small businesses [nineteen (19) or fewer employees], initial monitoring required by subsection (d)(2) shall be completed as soon as possible and in any event no later than 60 days after the effective date of this standard. For small businesses, initial monitoring required by subsection (d)(2) shall be completed as soon as possible and in any event no later than 120 days after the effective date of this standard.

(B) The permissible exposure limit (PEL). Except for small businesses, as defined under subsection (q)(2)(A) above, the employer shall comply with the PEL established by subsection (c) as soon as possible and in any event no later than 90 days after the effective date. For small businesses, the employer shall comply with the PEL established by subsection (c) as soon as possible and in any event no later than 150 days after the effective date of this section.

(C) Regulated areas. Except for small businesses, as defined under subsection (q)(2)(A) above, regulated areas required to be established by subsection (e) shall be set up as soon as possible after the results of exposure monitoring are known and in any event no later than 90 days after the effective date of this section. For small businesses, regulated areas required to be established by subsection (e) shall be set up as soon as possible after the results of exposure monitoring are known and in any event no later than 150 days after the effective date of this section.

(D) Respiratory protection. Except for small businesses, as defined under subsection (q)(2)(A) above, respiratory protection required by subsection (g) shall be provided as soon as possible and in any event no later than 90 days after the effective date of this section. For small businesses, respiratory protection required by subsection (g) shall be provided as soon as possible and in any event no later than 150 days after the effective date of this section.

(E) Compliance program. Except for small businesses, as defined under subsection (q)(2)(A) above, written compliance programs required by subsection (f)(2) shall be completed and available as soon as possible and in any event no later than 90 days after the effective date of this section. For small businesses, written compliance programs required by subsection (f)(2) shall be completed and available as soon as possible and in any event no later than 180 days after the effective date of this section.

(F) Methods of compliance. Except for small businesses, as defined under subsection (q)(2)(A) above, the engineering controls required by subsection (f)(1) shall be implemented as soon as possible and in any event no later than 120 days after the effective date of this section. For small businesses, the engineering controls required by subsection (f)(1) shall be implemented as soon as possible and in any event no later than 240 days after the effective date of this section. Work practice controls shall be implemented as soon as possible. Work practice controls that are directly related to engineering controls to be implemented shall be implemented as soon as possible after such engineering controls are implemented.

(G) Hygiene and lunchroom facilities. Except for small businesses, as defined under subsection (q)(2)(A) above, handwashing facilities, showers, change rooms and eating facilities required by subsection (j), whether permanent or temporary, shall be provided as soon as possible and in any event no later than 60 days after the effective date of this section. For small businesses, handwashing facilities, showers, change rooms and eating facilities required by subsection (j), whether permanent or temporary, shall be provided as soon as possible and in any event no later than 120 days after the effective date of this section.

(H) Employee information and training. Except for small businesses, as defined under subsection (q)(2)(A) above, employee information and training required by subsection (m)(4) of this standard shall be provided as soon as possible and in any event no later than 90 days after the effective date of this standard. For small businesses, employee information and training required by subsection (m)(4) of this standard shall be provided as soon as possible and in any event no later than 180 days after the effective date of this standard.

(I) Medical surveillance. Except for small businesses, as defined under subsection (q)(2)(A) above, initial medical examinations required by subsection (l) of this standard shall be provided as soon as possible and in any event no later than 90 days after the effective date of this standard. For small businesses, initial medical examinations required by subsection (l) of this standard shall be provided as soon as possible and in any event no later than 180 days after the effective date of this standard.

(r) Appendices.

(1) Appendix C to this section is incorporated as part of this section, and compliance with its contents is mandatory.

(2) Except where portions of appendices A, B, D, E, and F to this section are expressly incorporated in requirements of this section, these appendices are purely informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.

NOTE

Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.

HISTORY

1. Repealer and new section filed 4-30-93; operative 6-14-93 (Register 93, No. 18). For prior history, see Register 84, No. 50.

2. Editorial correction of printing error in subsection (b) (Register 93, No. 22).

3. Change without regulatory effect, repealing appendices A-D and adding internal cross-references, and amending internal cross-references for appendices E-F, filed 9-30-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 40).

4. Amendment of subsections (a)(6), (f)(5)(A), (g)(2)(A) (Table 1), (l)(1)(A)1., (l)(3)(A)2., (l)(4)(D)-(l)(4)(D)2., (l)(6)(D), (l)(8)(B) and (m)(4)(C)8. and amendment of Note filed 1-2-97; operative 1-2-97 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 1).

5. Amendment of former subsections (g)(1)-(g)(4)(E) including subsection renumbering and relettering resulting in newly designated subsections (g)(1)-(g)(3)(B)2., and amendment of editorial reference following appendix C heading filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

6. Amendment of subsection (p) and repealer of subsections (p)(1)-(4) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).

7. Amendment of subsection (g) and (g)(2)(A) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).

8. Amendment of subsections (g)(3)(A) and new subsections (g)(3)(C)-(D) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).

Appendix A

Substance Safety Data Sheet

Cadmium

Refer to section 5207, Appendix A.

Appendix B

Substance Technical Guidelines for Cadmium

Refer to section 5207, Appendix B.

Appendix C

Qualitative and Quantitative

Fit Testing Procedures

[See Section 5144, Appendix A]

Appendix D

Occupational Health History Interview

With Reference to Cadmium Exposure

Refer to section 5207, Appendix D.

Appendix E

CADMIUM IN WORKPLACE ATMOSPHERES

Refer to section 5207, Appendix E.

Appendix F

NONMANDATORY PROTOCOL FOR BIOLOGICAL

MONITORING

Refer to section 5207, Appendix F.

§1532.1. Lead.

Note • History

(a) Scope. This section applies to all construction work where an employee may be occupationally exposed to lead. All construction work excluded from coverage in the general industry standard for lead by section 5198(a)(2) is covered by this standard. Construction work is defined as work for construction, alteration and/or repair, including painting and decorating. It includes but is not limited to the following:

(1) Demolition or salvage of structures where lead or materials containing lead are present;

(2) Removal or encapsulation of materials containing lead;

(3) New construction, alteration, repair, or renovation of structures, substrates, or portions thereof, that contain lead, or materials containing lead;

(4) Installation of products containing lead;

(5) Lead contamination/emergency cleanup;

(6) Transportation, disposal, storage, or containment of lead or materials containing lead on the site or location at which construction activities are performed, and

(7) Maintenance operations associated with the construction activities described in this subsection.

(b) Definitions.

Action level means employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter of air (30 μg/m3) calculated as an 8-hour time-weighted average (TWA).

Chief means the Chief of the Division of Occupational Safety and Health or designee.

Lead means metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.

NIOSH means the National Institute of Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services or designee.

Supervisor means one who is capable of identifying existing and predictable lead hazards in the surroundings or working conditions and who has authorization to take prompt corrective measures to eliminate them. Supervisors shall be trained, as required by this section, and, when required, be certified consistent with section (l)(3).

(1) The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 μg/m3) averaged over an 8-hour period.

(2) If an employee is exposed to lead for more than 8 hours in any work day the employees' allowable exposure, as a time weighted average (TWA) for that day, shall be reduced according to the following formula:

Allowable employee exposure (in μg/m3)=400 divided by hours worked in the day.

(3) When respirators are used to limit employee exposure as required under subsection (c) and all the requirements of subsections (e)(1) and (f) have been met, employee exposure may be considered to be at the level provided by the protection factor of the respirator for those periods the respirator is worn. Those periods may be averaged with exposure levels during periods when respirators are not worn to determine the employee's daily TWA exposure.

(d) Exposure assessment.

(1) General.

(A) Each employer who has a workplace or operation covered by this standard shall initially determine if any employee may be exposed to lead at or above the action level.

(B) For the purposes of subsection (d), employee exposure is that exposure which would occur if the employee were not using a respirator.

(C) With the exception of monitoring under subsection (d)(3), where monitoring is required under this section, the employer shall collect personal samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level.

(D) Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead.

(2) Protection of employees during assessment of exposure.

(A) With respect to the lead related tasks listed in subsection (d)(2)(A), where lead is present, until the employer performs an employee exposure assessment as required in subsection (d) and documents that the employee performing any of the listed tasks is not exposed above the PEL, the employer shall treat the employee as if the employee were exposed above the PEL, and not in excess of ten (10) times the PEL, and shall implement employee protective measures prescribed in subsection (d)(2)(E). The tasks covered by this requirement are:

1. Where lead containing coatings or paint are present: manual demolition of structures (e.g., dry wall), manual scraping, manual sanding, heat gun applications, and power tool cleaning with dust collection systems;

2. Spray painting with lead paint

(B) In addition, with regard to tasks not listed in subsection (d)(2)(A), where the employer has any reasons to believe that an employee performing the task may be exposed to lead in excess of the PEL, until the employer performs an employee exposure assessment as required by subsection (d) and documents that the employee's lead exposure is not above the PEL the employer shall treat the employee as if the employee were exposed above the PEL and shall implement employee protective measures as prescribed in subsection (d)(2)(E).

(C) With respect to the tasks listed in this subsection (d)(2)(C), where lead is present, until the employer performs an employee exposure assessment as required in subsection (d), and documents that the employee performing any of the listed tasks is not exposed in excess of 500 μg/m3, the employer shall treat the employee as if the employee were exposed to lead in excess of 500 μg/m3 and shall implement employee protective measures as prescribed in subsection (d)(2)(E). Where the employer does establish that the employee is exposed to levels of lead below 500 μg/m3, the employer may provide the exposed employee with the appropriate respirator prescribed for such use at such lower exposures, in accordance with Table 1 of this section. The tasks covered by this requirement are:

1. Using lead containing mortar; lead burning

2. Where lead containing coatings or paint are present: rivet busting; power tool cleaning without dust collection systems; cleanup activities where dry expendable abrasives are used; and abrasive blasting enclosure movement and removal.

(D) With respect to the tasks listed in this subsection (d)(2)(D) of this section, where lead is present, until the employer performs an employee exposure assessment as required in subsection (d) and documents that the employee performing any of the listed tasks is not exposed to lead in excess of 2,500 μg/m3 (50 x PEL), the employer shall treat the employee as if the employee were exposed to lead in excess of 2,500 μg/m3 and shall implement employee protective measures as prescribed in subsection (d)(2)(E). Where the employer does establish that the employee is exposed to levels of lead below 2,500 μg/m3 , the employer may provide the exposed employee with the appropriate respirator prescribed for use at such lower exposures, in accordance with Table I of this section. Interim protection as described in this subsection is required where lead containing coatings or paint are present on structures when performing:

1. Abrasive blasting,

2. Welding,

3. Cutting, and

4. Torch burning.

(E) Until the employer performs an employee exposure assessment as required under subsection (d) and determines actual employee exposure, the employer shall provide to employees performing the tasks described in subsections (d)(2)(A), (d)(2)(B), (d)(2)(C) and (d)(2)(D) with interim protection as follows:

1. Appropriate respiratory protection in accordance with subsection (f).

2. Appropriate personal protective clothing and equipment in accordance with subsection (g).

3. Change areas in accordance with subsection (i)(2).

4. Hand washing facilities in accordance with subsection (i)(5).

5. Biological monitoring in accordance with subsection (j)(1)(A), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels, and

6. Training as required under subsection (l)(1)(A) regarding section 5194, Hazard Communication; training as required under subsection (l)(2)(C), regarding use of respirators; and training in accordance with section 1510, Safety Instruction for Employees.

(3) Basis of initial determination.

(A) Except as provided under subsections (d)(3)(C) and (d)(3)(D) the employer shall monitor employee exposures and shall base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:

1. Any information, observations, or calculations which would indicate employee exposure to lead;

2. Any previous measurements of airborne lead; and

3. Any employee complaints of symptoms which may be attributable to exposure to lead.

(B) Monitoring for the initial determination where performed may be limited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest airborne concentrations of lead in the workplace.

(C) Where the employer has previously monitored for lead exposures, and the data were obtained within the past 12 months during work operations conducted under workplace conditions closely resembling the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the employer may rely on such earlier monitoring results to satisfy the requirements of subsections (d)(3)(A) and (d)(6) if the sampling and analytical methods meet the accuracy and confidence levels of subsection (d)(9).

(D) Where the employer has objective data, demonstrating that a particular product or material containing lead or a specific process, operation or activity involving lead cannot result in employee exposure to lead at or above the action level during processing, use, or handling, the employer may rely upon such data instead of implementing initial monitoring.

1. The employer shall establish and maintain an accurate record documenting the nature and relevance of objective data as specified in subsection (n)(4), where used in assessing employee exposure in lieu of exposure monitoring.

2. Objective data, as described in subsection (d)(3)(D), is not permitted to be used for exposure assessment in connection with subsection (d)(2).

3. Objective data for surface coatings and materials that contain lead shall meet the following methodology:

a. Lead analysis shall be performed for each unique surface coating and material that may constitute a health hazard to employees engaged in activities within the scope of this section and;

b. Analysis of surface coatings and materials shall be performed in a manner that meets the requirements of subsection (d)(9) and shall be recorded, as described in subsection (n)(4),

(4) Positive initial determination and initial monitoring.

(A) Where a determination conducted under subsections (d)(1), (2) and (3) shows the possibility of any employee exposure at or above the action level the employer shall conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.

(B) Where the employer has previously monitored for lead exposure, and the data were obtained within the past 12 months during work operations conducted under workplace conditions closely resembling the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the employer may rely on such earlier monitoring results to satisfy the requirements of subsection (d)(4)(A) if the sampling and analytical methods meet the accuracy and confidence levels of subsection (d)(9).

(C) Objective data for an initial assessment that demonstrate surface coating or material that contain lead at concentrations equal to or exceeding 0.06% lead dry weight (600 ppm) demonstrate the presence of lead surface coatings or material that constitute a health hazard to employees engaged in lead-related construction work. The lead concentration of paint or materials is based on the lead content in the nonvolatile components of the surface coating or material such as paint. Objective data as described in this subsection are not permitted to be used in lieu of exposure assessment in connection with lead-related tasks listed in subsection (d)(2).

(5) Negative initial determination.

(A) Where a determination, conducted under subsections (d)(1), (2), and (3) is made that no employee is exposed to airborne concentrations of lead at or above the action level the employer shall make a written record of such determination. The record shall include at least the information specified in subsection (d)(3)(A) and shall also include the date of determination, location within the worksite, and the name and social security number of each employee monitored.

(B) Objective data that meet the requirements of subsection (n)(4) for an initial assessment that demonstrate surface coating or material that contain lead at concentrations less than 0.06% lead dry weight (600 ppm) are sufficient to establish a negative determination. The lead concentration of surface coatings or materials is based on the lead content in the nonvolatile components of the surface coating or material such as paint. Objective data as described in this subsection are not permitted to be used in lieu of exposure assessment in connection with lead-related tasks listed in subsection (d)(2).

(6) Frequency.

(A) If the initial determination reveals employee exposure to be below the action level further exposure determination need not be repeated except as otherwise provided in subsection (d)(7).

(B) If the initial determination or subsequent determination reveals employee exposure to be at or above the action level but at or below the PEL the employer shall perform monitoring in accordance with this subsection at least every 6 months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subsection (d)(7).

(C) If the initial determination reveals that employee exposure is above the PEL the employer shall perform monitoring quarterly. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are at or below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in subsection (d)(6)(B), except as otherwise provided in subsection (d)(7). The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subsection (d)(7).

(7) Additional exposure assessments. Whenever there has been a change of equipment, process, control, personnel or a new task has been initiated that may result in additional employees being exposed to lead at or above the action level or may result in employees already exposed at or above the action level being exposed above the PEL, the employer shall conduct additional monitoring in accordance with this subsection.

(8) Employee notification.

(A) Within 5 working days after completion of the exposure assessment the employer shall notify each employee in writing of the results which represent that employee's exposure.

(B) Whenever the results indicate that the representative employee exposure, without regard to respirators, is at or above the PEL the employer shall include in the written notice a statement that the employees exposure was at or above that level and a description of the corrective action taken or to be taken to reduce exposure to below that level.

(9) “Accuracy of measurement”. The employer shall use a method of monitoring and analysis which has an accuracy (to a confidence level of 95%) of not less than plus or minus 25 percent for airborne concentrations of lead equal to or greater than 30 μg/m3. Methods for the determination of lead concentrations of surface coatings and material shall be determined by methods which have an accuracy (to a confidence level of 95 percent) of not less than plus or minus 25 percent at 0.06% lead dry weight (600 ppm).

(e) Methods of compliance

(1) Engineering and work practice controls.

(A) General. The employer shall implement engineering and work practice controls, including administrative controls, to reduce and maintain employee exposure to lead to or below the permissible exposure limit to the extent that such controls are feasible. Wherever all feasible engineering and work practices controls that can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit prescribed in subsection (c), the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (f).

(2) Compliance program.

(A) Prior to commencement of the job each employer shall establish and implement a written compliance program to achieve compliance with subsection (c).

(B) Written plans for these compliance programs shall include at least the following:

1. A description of each activity in which lead is emitted; e.g. equipment used, material involved, controls in place, crew size, employee job responsibilities, operating procedures and maintenance practices;

2. A description of the specific means that will be employed to achieve compliance and, where engineering controls are required engineering plans and studies used to determine methods selected for controlling exposure to lead;

3. A report of the technology considered in meeting the PEL;

4. Air monitoring data which documents the source of lead emissions;

5. A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;

6. A work practice program which includes items required under subsections (g), (h) and (i) and incorporates other relevant work practices such as those specified in subsection (e)(5);

7. An administrative control schedule required by subsection (e)(4), if applicable;

8. A description of arrangements made among contractors on multi-contractor sites with respect to informing affected employees of potential exposure to lead and of regulated areas.

9. Other relevant information.

(C) The compliance program shall provide for frequent and regular inspections of job sites, regulated areas, materials, and equipment to be made by a supervisor.

(D) Written programs shall be submitted upon request to any affected employee or authorized employee representatives, to the Chief and NIOSH, and shall be available at the worksite for examination and copying by the Chief and NIOSH.

(E) Written programs shall be revised and updated at least every 6 months to reflect the current status of the program.

(3) Mechanical ventilation. When ventilation is used to control lead exposure, the employer shall evaluate the mechanical performance of the system in controlling exposure as necessary to maintain its effectiveness.

(4) Administrative controls. If administrative controls are used as a means of reducing employees TWA exposure to lead, the employer shall establish and implement a job rotation schedule which includes:

(A) Name or identification number of each affected employee;

(B) Duration and exposure levels at each job or work station where each affected employee is located; and

(C) Any other information which may be useful in assessing the reliability of administrative controls to reduce exposure to lead.

(5) The employer shall ensure that, to the extent relevant, employees follow good work practices such as described in Appendix B of this section.

(f) Respiratory protection.

(1) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

(A) Periods when an employee's exposure to lead exceeds the PEL;

(B) Work operations for which engineering controls and work practices are not sufficient to reduce exposures to or below the PEL;

(D) Periods when respirators are required to provide interim protection for employees while they perform the operations specified in subsection (d)(2).

(2) Respirator program.

(A) An employer must implement a respiratory protection program in accordance with section 5144(b) (except (d)(1)(C)) through (m).

(B) If an employee exhibits breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination in accordance with subsection (j)(3)(A)2. to determine if the employee can use a respirator while performing the required duties.

(3) Respirator selection.

(A) The employer shall select, and provide to employees, the appropriate respirator or combination of respirators specified in Section 5144(d)(3)(A)1.

(B) The employer shall provide a powered, air-purifying respirator in lieu of the respirator specified in Section 5144(d)(3)(A)1 whenever:

1. An employee chooses to use this type of respirator; and

2. This respirator will provide adequate protection to the employee.

(C) The employer shall provide employees with a full facepiece respirator instead of a half mask respirator for protection against lead aerosols that may cause eye or skin irritation at the use concentrations.

(D) The employer shall provide HEPA filters for powered and non-powered air-purifying respirators.

(g) Protective work clothing and equipment.

(1) Provision and use. Where an employee is exposed to lead above the PEL without regard to the use of respirators, where employees are exposed to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide), and as interim protection for employees performing tasks as specified in subsection (d)(2), the employer shall provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments such as, but not limited to:

(A) Coveralls or similar full-body work clothing;

(B) Gloves, hats, and shoes or disposable shoe coverlets; and

(2) Cleaning and replacement.

(A) The employer shall provide the protective clothing required in subsection (g)(1) in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 μg/m3 of lead as an 8-hour TWA.

(B) The employer shall provide for the cleaning, laundering, and disposal of protective clothing and equipment required by subsection (g)(1).

(C) The employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness.

(D) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change areas provided for that purpose as prescribed in subsection (i)(2).

(E) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change area which prevents dispersion of lead outside the container.

(F) The employer shall inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.

(G) The employer shall assure that the containers of contaminated protective clothing and equipment required by subsection (g)(2)(E) are labelled as follows:

Caution: Clothing contaminated with lead. Do not remove dust by blowing or shaking. Dispose of lead contaminated wash water in accordance with applicable local, state, or federal regulations.

(H) The employer shall prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air.

(h) Housekeeping.

(1) All surfaces shall be maintained as free as practicable of accumulations of lead.

(2) Clean-up of floors and other surfaces where lead accumulates shall wherever possible, be cleaned by vacuuming or other methods that minimize the likelihood of lead becoming airborne.

(3) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.

(4) Where vacuuming methods are selected, the vacuums shall be equipped with HEPA filters and used and emptied in a manner which minimizes the reentry of lead into the workplace.

(5) Compressed air shall not be used to remove lead from any surface unless the compressed air is used in conjunction with a ventilation system designed to capture the airborne dust created by the compressed air.

(i) Hygiene facilities, practices and regulated areas.

(1) The employer shall assure that in areas where employees are exposed to lead above the PEL without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied.

(2) Change areas.

(A) The employer shall provide clean change areas for employees whose airborne exposure to lead is above the PEL, and as interim protection for employees performing tasks as specified in subsection (d)(2), without regard to the use of respirators.

(B) The employers shall assure that change areas are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination.

(C) The employer shall assure that employees do not leave the workplace wearing any protective clothing or equipment that is required to be worn during the work shift.

(3) Showers.

(A) The employer shall provide shower facilities, where feasible, for use by employees whose airborne exposure to lead is above the PEL.

(B) The employer shall assure, where shower facilities are available, that employees shower at the end of the work shift and shall provide an adequate supply of cleansing agents and towels for use by affected employees.

(4) Eating facilities.

(A) The employer shall provide lunchroom facilities or eating areas for employees whose airborne exposure to lead is above the PEL, without regard to the use of respirators.

(B) The employer shall assure that lunchroom facilities or eating areas are as free as practicable from lead contamination and are readily accessible to employees.

(C) The employer shall assure that employees whose airborne exposure to lead is above the PEL, without regard to the use of a respirator, wash their hands and face prior to eating, drinking, smoking or applying cosmetics.

(D) The employer shall assure that employees do not enter lunchroom facilities or eating areas with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, downdraft booth, or other cleaning method that limits dispersion of lead dust.

(5) Hand Washing facilities.

(A) The employer shall provide adequate handwashing facilities for use by employees exposed to lead in accordance with section 1527.

(B) Where showers are not provided the employer shall assure that employees wash their hands and face at the end of the work-shift.

(6) Regulated Area.

(A) Employers shall establish regulated areas, where feasible, for work areas where employees are exposed to lead at or above the PEL or performing the tasks described in subsection (d)(2).

(B) Regulated areas shall be posted with signs as described in subsection (m)(2).

(C) Employers shall restrict access to the regulated area to employees authorized by the supervisor, to representatives of affected employees, as described in subsection (o) and to persons authorized by the Chief or NIOSH.

(D) Each employee authorized to enter the regulated area shall be provided with and be required to wear protective equipment required by subsections (f) and (g).

(j) Medical surveillance.

(1) General.

(A) The employer shall make available initial medical surveillance to employees occupationally exposed on any day to lead at or above the action level. Initial medical surveillance consists of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels.

(B) The employer shall institute a medical surveillance program in accordance with subsections (j)(2) and (j)(3) for all employees who are or may be exposed by the employer at or above the action level for more than 30 days in any consecutive 12 months;

(C) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician.

(D) The employer shall make available the required medical surveillance including multiple physician review under subsection (j)(3)(C) without cost to employees and at a reasonable time and place.

(2) Biological monitoring.

(A) Blood lead and ZPP level sampling and analysis. The employer shall make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under subsections (j)(1)(A) and (B) on the following schedule:

1. For each employee covered under subsection (j)(1)(B), at least every 2 months for the first 6 months and every 6 months thereafter;

2. For each employee covered under subsections (j)(1)(A) or (B) whose last blood sampling and analysis indicated a blood lead level at or above 40 μg/dl, at least every two months. This frequency shall continue until two consecutive blood samples and analyses indicate a blood lead level below 40 μg/dl; and

3. For each employee who is removed from exposure to lead due to an elevated blood lead level at least monthly during the removal period.

(B) Follow-up blood sampling tests. Whenever the results of a blood lead level test indicate that an employee's blood lead level is at or above the numerical criterion for medical removal under subsection (k)(1)(A), the employer shall provide a second (follow-up) blood sampling test within two weeks after the employer receives the results of the first blood sampling test.

(C) Accuracy of blood lead level sampling and analysis. Blood lead level sampling and analysis provided pursuant to this section shall have an accuracy (to a confidence level of 95 percent) within plus or minus 15 percent or 6 μg/dl, whichever is greater, and shall be conducted by a laboratory approved by OSHA.

(D) Employee notification.

1. Within five working days after the receipt of biological monitoring results, the employer shall notify each employee in writing of his or her blood lead level; and

2. The employer shall notify each employee whose blood lead level is at or above 40 μg/dl that the standard requires temporary medical removal with Medical Removal Protection benefits when an employee's blood lead level is at or above the numerical criterion for medical removal under subsection (k)(1)(A).

(3) Medical examinations and consultations.

(A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (j)(1)(B) on the following schedule:

1. At least annually for each employee for whom a blood sampling test conducted at any time during the preceding 12 months indicated a blood lead level at or above 40 μg/dl;

2. As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, that the employee is pregnant, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during use; and

3. As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination.

(B) Content. The content of medical examinations made available pursuant to subsection (j)(3)(A)2. - 3. shall be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility. Medical examinations made available pursuant to subsection (j)(3)(A)1. shall include the following elements:

1. A detailed work history and a medical history, with particular attention to past lead exposure (occupational and non-occupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic, renal, cardiovascular, reproductive and neurological problems;

2. A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. Pulmonary status should be evaluated if respiratory protection will be used;

3. A blood pressure measurement;

4. A blood sample and analysis which determines:

a. Blood lead level;

b. Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology;

c. Zinc protoporphyrin;

d. Blood urea nitrogen; and,

e. Serum creatinine;

5. A routine urinalysis with microscopic examination; and

6. Any laboratory or other test relevant to lead exposure which the examining physician deems necessary by sound medical practice.

1. If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second physician:

a. To review any findings, determinations or recommendations of the initial physician; and

b. To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

2. The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen (15) days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:

a. The employee informing the employer that he or she intends to seek a second medical opinion, and

b. The employee initiating steps to make an appointment with a second physician.

3. If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve any disagreement.

4. If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician:

a. To review any findings, determinations or recommendations of the prior physicians; and

b. To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.

5. The employer shall act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.

(D) Information provided to examining and consulting physicians.

1. The employer shall provide an initial physician conducting a medical examination or consultation under this section with the following information:

a. A copy of this regulation for lead including all Appendices;

b. A description of the affected employee's duties as they relate to the employee's exposure;

c. The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);

d. A description of any personal protective equipment used or to be used;

e. Prior blood lead determinations; and

f. All prior written medical opinions concerning the employee in the employer's possession or control.

2. The employer shall provide the foregoing information to a second or third physician conducting a medical examination or consultation under this section upon request either by the second or third physician, or by the employee.

(E) Written medical opinions.

1. The employer shall obtain and furnish the employee with a copy of a written medical opinion from each examining or consulting physician which contains only the following information:

a. The physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to lead;

b. Any recommended special protective measures to be provided to the employee, or limitations to be placed upon the employee's exposure to lead;

c. Any recommended limitations upon the employee's use of respirators, including a determination of whether the employee can wear a powered air purifying respirator if an physician determines that the employee cannot wear a negative pressure respirator; and

d. The results of the blood lead determinations.

2. The employer shall instruct each examining and consulting physician to:

a. Not reveal either in the written opinion or orally, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and

b. Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment.

(F) Alternate physician determination mechanisms. The employer and an employee or authorized employee representative may agree upon the use of any alternate physician determination mechanism in lieu of the multiple physician review mechanism provided by subsection (j)(3)(C) so long as the alternate mechanism is as expeditious and protective as the requirements contained in this subsection.

(4) Chelation.

(A) The employer shall assure that any person whom he/she retains, employs, supervises or controls does not engage in prophylactic chelation of any employee at any time.

(B) If therapeutic or diagnostic chelation is to be performed by any person in subsection (j)(4)(A), the employer shall assure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.

(k) Medical removal protection.

(1) Temporary medical removal and return of an employee.

(A) Temporary removal due to elevated blood lead level. The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to this section indicate that the employee's blood lead level is at or above 50 μg/dl; and,

(B) Temporary removal due to a final medical determination.

1. The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

2. For the purposes of this section, the phrase “final medical determination” means the written medical opinion on the employees' health status by the examining physician or, where relevant, the outcome of the multiple physician review mechanism or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section.

3. Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to lead, the employer shall implement and act consistent with the recommendation.

1. The employer shall return an employee to his or her former job status:

a. For an employee removed due to a blood lead level at or above 50 μg/dl when two consecutive blood sampling tests indicate that the employee's blood lead level is below 40 μg/dl;

b. For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

2. For the purposes of this section, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

(D) Removal of other employee special protective measure or limitations. The employer shall remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.

(E) Employer options pending a final medical determination. Where the multiple physician review mechanism, or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows:

1. Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status.

2. Return. The employer may return the employee to his or her former job status, end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions. If:

a. the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician or;

b. If the employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, then the employer shall await a final medical determination.

(2) Medical removal protection benefits.

(A) Provision of medical removal protection benefits. The employer shall provide an employee up to eighteen (18) months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited pursuant to this section.

(B) Definition of medical removal protection benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that, as long as the job the employee was removed from continues, the employer shall maintain the total normal earnings, seniority and other employment rights and benefits of an employee, including the employee's right to his or her former job status as though the employee had not been medically removed from the employee's job or otherwise medically limited.

(C) Follow-up medical surveillance during the period of employee removal or limitation. During the period of time that an employee is medically removed from his or her job or otherwise medically limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.

(D) Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer shall continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation shall be reduced by such amount. The employer shall receive no credit for workers' compensation payments received by the employee for treatment-related expenses.

(E) Other credits. The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or receives income from employment with another employer made possible by virtue of the employee's removal.

(F) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to lead or otherwise places limitations on an employee due to the effects of lead exposure on the employee's medical condition, the employer shall provide medical removal protection benefits to the employee equal to that required by subsection (k)(2)(A) and (B).

(l) Employee information, training and certification.

(1) General.

(A) The employer shall communicate information concerning lead hazards according to the requirements of the Hazard Communication Standard, section 5194, including but not limited to the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training.

(B) For all employees who are subject to exposure to lead at or above the action level on any day or who are subject to exposure to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide), the employer shall provide a training program in accordance with subsection (l)(2) and assure employee participation.

(C) The employer shall provide the training program as initial training prior to the time of job assignment or prior to the start up date for this requirement, whichever comes last.

(D) The employer shall also provide the training program at least annually for each employee who is subject to lead exposure at or above the action level on any day.

(E) Where the certification of employee and supervisor training is required, as described in subsection (l)(3), the training shall be conducted by a training provider accredited by the California Department of Health Services, in accordance with Title 17, California Code of Regulations, Division 1, Chapter 8.

(2) Training program.

The employer shall assure that each employee is trained in the following:

(A) The content of this standard and its appendices;

(B) The specific nature of the operations which could result in exposure to lead above the action level;

(D) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females and hazards to the fetus and additional precautions for employees who are pregnant);

(E) The engineering controls and work practices associated with the employee's job assignment including training of employees to follow relevant good work practices described in Appendix B of this section;

(F) The contents of any compliance plan and the location of regulated areas in effect;

(G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician; and

(H) The employee's right of access to records under section 3204.

(3) Certification of training for residential and public buildings.

The employer shall ensure that all employees and supervisors who are engaged in lead related construction work as defined in Title 17, California Code of Regulations, Section 35040, and have been shown to be exposed to lead at or above the permissible exposure limit, meet the training requirements of this section, are trained by an accredited training provider and are certified by the California Department of Health Services. Lead related construction work is defined in Title 17 to be any construction, alteration, painting, demolition, salvage, renovation, repair, or maintenance of any residential or public building, including preparation and cleanup, that, by using or disturbing lead containing material or soil, may result in significant exposure of adults or children to lead. As used in the definition of lead related construction work, “public building” means a structure which is generally accessible to the public, including but not limited to, schools, daycare centers, museums, airports, hospitals, stores, convention centers, government facilities, office buildings and any other building which is not an industrial building or a residential building. Regulations for accreditation of training providers and for the certification of employees and supervisors are found in Title 17, California Code of Regulations, Division 1, Chapter 8.

(4) Access to information, training and certification materials.

(A) The employer shall make readily available to all affected employees a copy of this standard and its appendices.

(B) The employer shall provide, upon request, all materials relating to the employee information training program and certification to affected employees, their designated representatives, the Chief and NIOSH.

(m) Signs.

(1) General.

(A) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this subsection.

(B) The employer shall assure that no statement appears on or near any sign required by this subsection which contradicts or detracts from the meaning of the required sign.

(2) Signs.

(A) The employer shall post the following warning signs in each regulated area or work area where an employees exposure to lead is above the PEL.

WARNING

LEAD WORK AREA

POISON

NO SMOKING OR EATING

(B) The employer shall assure that signs required by this subsection are illuminated and cleaned as necessary so that the legend is readily visible.

(n) Recordkeeping.

(1) Exposure assessment.

(A) The employer shall establish and maintain an accurate record of all monitoring and other data used in conducting employee exposure assessments as required in subsection (d).

(B) Exposure monitoring records shall include:

1. The date(s), number, duration, location and results of each of the samples taken if any, including a description of the sampling procedure used to determine representative employee exposure where applicable;

2. A description of the sampling and analytical methods used and evidence of their accuracy;

3. The type of respiratory protective devices worn, if any;

4. Name, social security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and

5. The environmental variables that could affect the measurement of employee exposure.

(C) The employer shall maintain monitoring and other exposure assessment records in accordance with the provisions of section 3204.

(2) Medical surveillance.

(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (j).

(B) This record shall include:

1. The name, social security number, and description of the duties of the employee;

2. A copy of the physician's written opinions;

3. Results of any airborne exposure monitoring done on or for that employee and provided to the physician; and

4. Any employee medical complaints related to exposure to lead.

1. A copy of the medical examination results including medical and work history required under subsection (j);

2. A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information;

3. A copy of the results of biological monitoring.

(D) The employer shall maintain or assure that the physician maintains medical records in accordance with the provisions of section 3204.

(3) Medical removals.

(A) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (k).

(B) Each record shall include:

1. The name and social security number of the employee;

2. The date of each occasion that the employee was removed from current exposure to lead as well as the corresponding date on which the employee was returned to his or her former job status;

3. A brief explanation of how each removal was or is being accomplished; and

4. A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.

(4) “Objective data for exemption from requirement for initial monitoring”.

(A) For purposes of this section, objective data are information demonstrating that a particular product or material containing lead or a specific process, operation, or activity involving lead cannot release dust or fumes in concentrations at or above the action level under any expected conditions of use. Objective data can be obtained from any industry-wide study or from laboratory product test results from manufacturers of lead containing products, including surface coatings or other materials. The data the employer uses from an industry-wide survey must be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices and environmental conditions in the employer's current operations.

(B) The employer shall maintain the record of the objective data relied upon for at least 30 years.

(5) Availability. The employer shall make available upon request all records required to be maintained by subsection (n) to affected employees, former employees, and their designated representatives, and to the Chief and NIOSH for examination and copying.

(6) Transfer of records.

(A) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by subsection (n).

(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to NIOSH.

(C) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify NIOSH at least 3 months prior to the disposal of such records and shall transmit those records to NIOSH if requested within the period.

(D) The employer shall also comply with any additional requirements involving transfer of records set forth in section 3204(h).

(o) Observation of monitoring.

(1) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to lead conducted pursuant to subsection (d).

(2) Observation procedures.

(A) Whenever observation of the monitoring of employee exposure to lead requires entry into an area where the use of respirators, protective clothing or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing and equipment, and shall require the observer to comply with all other applicable safety and health procedures.

(B) Without interfering with the monitoring, observers shall be entitled to:

1. Receive an explanation of the measurement procedures;

2. Observe all steps related to the monitoring of lead performed at the place of exposure; and

3. Record the results obtained or receive copies of the results when returned by the laboratory.

(p) Lead-Work Pre-Job Notification. The employer shall provide written notification to the nearest Division District Office in the manner prescribed by subsections (p)(1) through (p)(4) when work is planned that includes any of the tasks listed in subsection (d)(2).

Exception No. 1: The employer is not required to notify the Division if:

A. The amount of lead-containing materials to be disturbed is less than 100 square or 100 linear feet; or

B. The only subsection (d)(2) task to be performed consists of torch cutting or welding, not to exceed a duration of 1 hour in any shift.

Exception No. 2: The employer is not required to notify the Division if the percentage of lead in the material disturbed is less than 0.5%, 5,000 parts per million (weight by weight), or 1.0 mg/cm2.

(1) The employer shall ensure that the information required by subsection (p)(2) is received by the nearest Division District Office at least 24 hours prior to the commencement of the work by any of the following means:

(A) Letter;

(B) Facsimile;

(D) Telephone call, followed by written notification sent or mailed within 24 hours of placing the call.

Exception: When an employer intends to initiate unforeseen lead-work on an urgent basis within 24 hours, the notification requirement may be met by giving telephone notice to the Division at any time prior to commencement of the work, followed by written notification sent or mailed within 24 hours of telephoning the Division.

(2) The written notification provided by the employer shall contain the following:

(A) The name, address and phone number of the employer;

(B) The address of the job (or common name of the site with closest streets or roadways identified);

(D) The projected starting date;

(E) The expected completion date or approximate duration of the work in days;

(F) The approximate number of workers planned to do the lead-related work;

(G) The type of structure(s) in which or on which the work is to be performed;

(H) The amount of lead containing material to be disturbed in square feet or linear feet;

(I) A description of the type of lead-related work to be performed and work practices that will be utilized;

(J) The name of the supervisor who will be responsible for the lead-related work; and

(K) The amount of lead in the disturbed materials (percent by weight, parts per million or milligrams per square centimeter) if known.

(3) The employer shall notify the Division, and provide the current information, if changes are made to the starting date, the surface area to be disturbed, or the type of lead-related work performed or work practices to be utilized, before or upon adoption of that change.

(4) An employer conducting ongoing, lead-related operations and maintenance work on stationary steel structures need only notify the Division once for each structure if the duration of the operations and maintenance work is less than one year. If the duration of the work is more than one year, the employer shall submit to the Division at least once per year a supplemental written notification updating all of the information required by subsection (p)(2) for each structure.

(q) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.

NOTE

Authority cited: Sections 142.3 and 6717, Labor Code. Reference: Sections 142.3 and 6717, Labor Code.

HISTORY

1. New section filed 9-28-93; operative 11-4-93 pursuant to Labor Code section 142.3(a)(4) (Register 93, No. 40). This section is identical to the interim final rule adopted by the federal Occupational Safety and Health Administration on 5-4-93 and is exempt from OAL review. Pursuant to Labor Code section 142.3(a)(4)(c), this section shall remain in effect until 5-4-94 unless readopted for an additional 6 months or superceded by permanent regulations.

2. Change without regulatory effect amending opening paragraph filed 10-18-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 43).

3. New section refiled 4-28-94 with amendments; operative 5-4-94 pursuant to Labor Code section 142.3(a)(4) (Register 94, No. 17). This section is identical to the interim final rule adopted by the Federal Occupational Safety and Health Administration on 5-4-93 and is exempt from OAL review. Pursuant to Labor Code section 142.3(a)(4)(C), this section shall remain in effect for six months unless superseded by permanent regulations.

4. Amendment of section and amendment of Appendices headings and text filed 10-19-94; operative 10-19-94. Submitted to OAL for printing only pursuant to Labor Code section 142(a)(3) (Register 94, No. 42).

5. Change without regulatory effect amending Appendix A heading filed 2-16-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 7).

6. Editorial correction of subsection (d)(2)(E)5. (Register 95, No. 36).

7. Amendment of section, Appendix B and Note filed 2-5-97; operative 3-7-97 (Register 97, No. 6).

8. Amendment of former subsections (f)(1)-(f)(4)(C) including subsection renumbering and relettering resulting in newly designated subsections (f)(1)-(f)(3)(B)2., amendment of Appendix B, subsection IV, and amendment repealing appendix D and adding editorial reference filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

9. Change without regulatory effect amending subsection (a) filed 2-16-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 7).

10. Amendment of subsection (f)(3)(B)2. (Table I) filed 5-24-2000; operative 6-23-2000 (Register 2000, No. 21).

11. Repealer of subsection (p) and new subsections (p)-(p)(4) filed 12-26-2001; operative 1-25-2002 (Register 2001, No. 52).

12. Change without regulatory effect amending subsection (l)(3) filed 7-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).

13. Amendment of subsection (f)(2)(A) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).

14. Editorial correction of subsection (p)(1)(B) designator (Register 2006, No. 29).

15. Amendment of subsections (f)(3)(A)-(B) and (f)(3)(B)2. and new subsections (f)(3)(C)-(D) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).

16. Change without regulatory effect amending subsection (g)(2)(D) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

17. Amendment of subsections (j)(2)(B), (j)(2)(D)2. and (k)(1)(C)1.a. filed 1-18-2012; operative 1-18-2012 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2012, No. 3).

18. Amendment of subsection (j)(2)(D)2. filed 9-4-2012; operative 10-4-2012 (Register 2012, No. 36).

Appendix A to § 1532.1 -- Substance Data Sheet for Occupational Exposure to Lead

I. Substance Identification

A. Substance: Pure lead (Pb) is a heavy metal at room temperature and pressure and is a basic chemical element. It can combine with various other substances to form numerous lead compounds.

B. Compounds covered by the standard: The word “lead” when used in this standard means elemental lead, all inorganic lead compounds and a class of organic lead compounds called lead soaps. This standard does not apply to other organic lead compounds.

C. Uses: Exposure to lead occurs in several different occupations in the construction industry, including demolition or salvage of structures where lead or lead-containing materials are present; removal or encapsulation of lead-containing materials, new construction, alteration, repair, or renovation of structures that contain lead or materials containing lead; installation of products containing lead. In addition, there are construction related activities where exposure to lead may occur, including transportation, disposal, storage, or containment of lead or materials containing lead on construction sites, and maintenance operations associated with construction activities.

D. Permissible exposure: The permissible exposure limit (PEL) set by the standard is 50 micrograms of lead per cubic meter of air (50 μg/m3) averaged over an 8-hour workday.

E. Action level: The standard establishes an action level of 30 micrograms of lead per cubic meter of air (30 μg/m3) averaged over an 8-hour workday. The action level triggers several ancillary provisions of the standard such as exposure monitoring, medical surveillance, and training.

II. Health Hazard Data

A. Ways in which lead enters your body. When absorbed into your body in certain doses, lead is a toxic substance. The object of the lead standard is to prevent absorption of harmful quantities of lead. The standard is intended to protect you not only from the immediate toxic effects of lead, but also from the serious toxic effects that may not become apparent until years of exposure have passed. Lead can be absorbed into your body by inhalation (breathing) and ingestion (eating). Lead (except for certain organic lead compounds not covered by the standard, such as tetraethyl lead) is not absorbed through your skin. When lead is scattered in the air as a dust, fume or mist it can be inhaled and absorbed through your lungs and upper respiratory tract. Inhalation of airborne lead is generally the most important source of occupational lead absorption. You can also absorb lead through your digestive system if lead gets into your mouth and is swallowed. If you handle food, cigarettes, chewing tobacco, or make-up which have lead on them or handle them with hands contaminated with lead, this will contribute to ingestion. A significant portion of the lead that you inhale or ingest gets into your blood stream. Once in your blood stream, lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in the blood and other tissues. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting. Even though you may not be aware of any immediate symptoms of disease, this lead stored in your tissues can be slowly causing irreversible damage, first to individual cells, then to your organs and whole body systems.

B. Effects of overexposure to lead.

(1) Short term (acute) overexposure. Lead is a potent, systemic poison that serves no known useful function once absorbed by your body. Taken in large enough doses, lead can kill you in a matter of days. A condition affecting the brain called acute encephalopathy may arise which develops quickly to seizures, coma, and death from cardiorespiratory arrest. A short term dose of lead can lead to acute encephalopathy. Short term occupational exposures of this magnitude are highly unusual, but not impossible. Similar forms of encephalopathy may, however, arise from extended, chronic exposure to lower doses of lead. There is no sharp dividing line between rapidly developing acute effects of lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.

(2) Long-term (chronic) overexposure. Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems. Some common symptoms of chronic overexposure include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity and colic. In lead colic there may be severe abdominal pain. Damage to the central nervous system in general and the brain (encephalopathy) in particular is one of the most severe forms of lead poisoning. The most severe, often fatal, form of encephalopathy may be preceded by vomiting, a feeling of dullness progressing to drowsiness and stupor, poor memory, restlessness, irritability, tremor, and convulsions. It may arise suddenly with the onset of seizures, followed by coma, and death. There is a tendency for muscular weakness to develop at the same time. This weakness may progress to paralysis often observed as a characteristic “wrist drop” or “foot drop” and is a manifestation of a disease to the nervous system called peripheral neuropathy. Chronic overexposure to lead also results in kidney disease with few, if any, symptoms appearing until extensive and most likely permanent kidney damage has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression to kidney dialysis or death is possible. Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood. Overexposure to lead also disrupts the blood-forming system resulting in decreased hemoglobin (the substance in the blood that carries oxygen to the cells) and ultimately anemia. Anemia is characterized by weakness, pallor and fatigability as a result of decreased oxygen carrying capacity in the blood.

(3) Health protection goals of the standard. Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that a worker's blood lead level (BLL, also expressed as PbB) be maintained at or below forty micrograms per deciliter of whole blood (40 μg/dl). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 μg/dl to minimize adverse reproductive health effects to the parents and to the developing fetus. The measurement of your blood lead level (BLL) is the most useful indicator of the amount of lead being absorbed by your body. Blood lead levels are most often reported in units of milligrams (mg) or micrograms (ug) of lead (1 mg=1000 μg) per 100 grams (100g), 100 milliliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometime BLLs are expressed in the form of mg% or μg%. This is a shorthand notation for 100g, 100 ml, or dl. (Reference to BLL measurements in this standard are expressed in the form of μg/dl.)

BLL measurements show the amount of lead circulating in your blood stream, but do not give any information about the amount of lead stored in your various tissues. BLL measurements merely show current absorption of lead, not the effect that lead is having on your body or the effects that past lead exposure may have already caused. Past research into lead-related diseases, however, has focused heavily on associations between BLLs and various diseases. As a result, your BLL is an important indicator of the likelihood that you will gradually acquire a lead-related health impairment or disease.

Once your blood lead level climbs about 40 μg/dl, your risk of disease increases. There is a wide variability of individual response to lead, thus it is difficult to say that a particular BLL in a given person will cause a particular effect. Studies have associated fatal encephalopathy with BLLs as low as 150 μg/dl. Other studies have shown other forms of diseases in some workers with BLLs well below 80 μg/dl. Your BLL is a crucial indicator of the risks to your health, but one other factor is also extremely important. This factor is the length of time you have had elevated BLLs. The longer you have an elevated BLL, the greater the risk that large quantities of lead are being gradually stored in your organs and tissues (body burden). The greater your overall body burden, the greater the chances of substantial permanent damage. The best way to prevent all forms of lead-related impairments and diseases -- both short term and long term -- is to maintain your BLL below 40 μg/dl. The provisions of the standard are designed with this end in mind.

Your employer has prime responsibility to assure that the provisions of the standard are complied with both by the company and by individual workers. You, as a worker, however, also have a responsibility to assist your employer in complying with the standard. You can play a key role in protecting your own health by learning about the lead hazards and their control, learning what the standard requires, following the standard where it governs your own actions, and seeing that your employer complies with provisions governing his or her actions.

(4) Reporting signs and symptoms of health problems. You should immediately notify your employer if you develop signs or symptoms associated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead or your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases, your employer must make available to you appropriate medical examinations or consultations. These must be provided at no cost to you and at a reasonable time and place. The standard contains a procedure whereby you can obtain a second opinion by a physician of your choice if your employer selected the initial physician.

Appendix B to § 1532.1 -- Employee Standard Summary

This appendix summarizes key provisions of the standard for lead in construction that you as a worker should become familiar with.

I. Permissible Exposure Limit (PEL) - subsection (c)

The standard sets a permissible exposure limit (PEL) of 50 micrograms of lead per cubic meter of air (50 μg/m3), averaged over an 8-hour workday which is referred to as a time-weighted average (TWA). This is the highest level of lead in air to which you may be permissibly exposed over an 8-hour workday. However, since this is an 8-hour average, short exposures above the PEL are permitted so long as for each 8-hour work day your average exposure does not exceed this level. This standard, however, takes into account the fact that your daily exposure to lead can extend beyond a typical 8-hour workday as the result of overtime or other alterations in your work schedule. To deal with this situation, the standard contains a formula which reduces your permissible exposure when you are exposed more than 8 hours. For example, if you are exposed to lead for 10 hours a day, the maximum permitted average exposure would be 40 μg/m3.

II. Exposure Assessment - Subsection (d)

If lead is present in your workplace in any quantity, your employer is required to make an initial determination of whether any employee's exposure to lead exceeds the action level (30 μg/m3 averaged over an 8-hour day). Employee exposure is that exposure which would occur if the employee were not using a respirator. This initial determination requires your employer to monitor workers' exposures unless he or she has objective data which can demonstrate conclusively that no employee will be exposed to lead in excess of the action level. Where objective data is used in lieu of actual monitoring the employer must establish and maintain an accurate record, documenting its relevancy in assessing exposure levels for current job conditions. If such objective data is available, the employer need proceed no further on employee exposure assessment until such time that conditions have changed and the determination is no longer valid. Objective data for surfaces and materials that is less than 0.06% lead dry weight (600 ppm) is indicative of materials that will not give lead concentrations above the action level. Lead analysis must be performed for each unique surface coating or material. Surface coating or material objective data cannot be used to replace air monitoring for exposure assessments required for the lead-related tasks listed in subsection (d)(2). Objective data may be compiled from various sources, e.g., insurance companies and trade associations and information from suppliers or exposure data collected from similar operations. Objective data may also comprise previously-collected sampling data including area monitoring. If it cannot be determined through using objective data that worker exposure is less than the action level, your employer must conduct monitoring or must rely on relevant previous personal sampling, if available. Where monitoring is required for the initial determination, it may be limited to a representative number of employees who are reasonably expected to have the highest exposure levels. If your employer has conducted appropriate air sampling for lead in the past 12 months, he or she may use these results, provided they are applicable to the same employee tasks and exposure conditions and meet the requirements for accuracy as specified in the standard. As with objective data, if such results are relied upon for the initial determination, your employer must establish and maintain a record as to the relevancy of such data to current job conditions.

If there have been any employee complaints of symptoms which may be attributable to exposure to lead or if there is any other information or observations which would indicate employee exposure to lead, this must also be considered as part of the initial determination.

If this initial determination shows that a reasonable possibility exists that any employee may be exposed, without regard to respirators, over the action level, your employer must set up an air monitoring program to determine the exposure level representative of each employee exposed to lead at your workplace. In carrying out this air monitoring program, your employer is not required to monitor the exposure of every employee, but he or she must monitor a representative number of employees and job types. Enough sampling must be done to enable each employee's exposure level to be reasonably represent full shift exposure. In addition, these air samples must be taken under conditions which represent each employee's regular, daily exposure to lead. Sampling performed in the past 12 months may be used to determine exposures above the action level if such sampling was conducted during work activities essentially similar to present work conditions.

The standard lists certain tasks which may likely result in exposures to lead in excess of the PEL and, in some cases, exposures in excess of 50 times the PEL. If you are performing any of these tasks, your employer must provide you with appropriate respiratory protection, protective clothing and equipment, change areas, hand washing facilities, biological monitoring, and training until such time that an exposure assessment is conducted which demonstrates that your exposure level is below the PEL. Objective data cannot be used to replace air monitoring for this exposure assessment.

If you are exposed to lead and air sampling is performed, your employer is required to notify you in writing within 5 working days of the air monitoring results which represent your exposure. If the results indicate that your exposure exceeds the PEL (without regard to your use of a respirator), then your employer must also notify you of this in writing, and provide you with a description of the corrective action that has been taken or will be taken to reduce your exposure.

Your exposure must be rechecked by monitoring, at least every six months if your exposure is at or over the action level but below the PEL. Your employer may discontinue monitoring for you if 2 consecutive measurements, taken at least 7 days apart, are at or below the action level. Air monitoring must be repeated every 3 months if you are exposed over the PEL. Your employer must continue monitoring for you at this frequency until 2 consecutive measurements, taken at least 7 days apart, are below the PEL but above the action level, at which time your employer must repeat monitoring of your exposure every six months and may discontinue monitoring only after your exposure drops to or below the action level. However, whenever there is a change of equipment, process, control, or personnel or a new type of job is added at your workplace which may result in new or additional exposure to lead, your employer must perform additional monitoring.

III. Methods of Compliance - Subsection (e)

Your employer is required to assure that no employee is exposed to lead in excess of the PEL as an 8-hour TWA. The standard for lead in construction requires employers to institute engineering and work practice controls including administrative controls to the extent feasible to reduce employee exposure to lead. Where such controls are feasible but not adequate to reduce exposures below the PEL they must be used nonetheless to reduce exposures to the lowest level that can be accomplished by these means and then supplemented with appropriate respiratory protection. Your employer must establish a regulated area that includes the work area where airborne exposure to lead is above the PEL, or where the lead-related tasks listed in subsection (d)(2) are performed.

Your employer is required to develop and implement a written compliance program prior to the commencement of any job where employee exposures may reach the PEL as an 8-hour TWA. The standard identifies the various elements that must be included in the plan. For example, employers are required to include a description of operations in which lead is emitted, detailing other relevant information about the operation such as the type of equipment used, the type of material involved, employee job responsibilities, operating procedures and maintenance practices. In addition, your employer's compliance plan must specify the means that will be used to achieve compliance and, where engineering controls are required, include any engineering plans or studies that have been used to select the control methods. If administrative controls involving job rotation are used to reduce employee exposure to lead, the job rotation schedule must be included in the compliance plan. The plan must also detail the type of protective clothing and equipment, including respirators, housekeeping and hygiene practices that will be used to protect you from the adverse effects of exposure to lead.

The written compliance program must be made available, upon request, to affected employees and their designated representatives, the Chief and NIOSH.

Finally, the plan must be reviewed and updated at least every 6 months to assure it reflects the current status in exposure control.

IV. Respiratory Protection - Subsection (f)

Your employer is required to provide and assure your use of respirators when your exposure to lead is not controlled below the PEL by other means. The employer must pay the cost of the respirator. Whenever you request one, your employer is also required to provide you a respirator even if your air exposure level is not above the PEL. You might desire a respirator when, for example, you have received medical advice that your lead absorption should be decreased. Or, you may intend to have children in the near future, and want to reduce the level of lead in your body to minimize adverse reproductive effects. While respirators are the least satisfactory means of controlling your exposure, they are capable of providing significant protection if properly chosen, fitted, worn, cleaned, maintained, and replaced when they stop providing adequate protection.

Your employer is required to select respirators from the types listed in Table I of the Respiratory Protection section of the standard (section 1532.1(f)). Any respirator chosen must be approved by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 42 CFR part 84. This respirator selection table will enable your employer to choose a type of respirator which will give you a proper amount of protection based on your airborne lead exposure. Your employer may select a type of respirator that provides greater protection than that required by the standard; that is, one recommended for a higher concentration of lead than is present in your workplace. For example, a powered air purifying respirator (PAPR) is much more protective than a typical negative pressure respirator, and may also be more comfortable to wear. A PAPR has a filter, cartridge or canister to clean the air, and a power source which continuously blows filtered air into your breathing zone. Your employer might make a PAPR available to you to ease the burden of having to wear a respirator for long periods of time. The standard provides that you can obtain a PAPR upon request.

Your employer must assure that your respirator facepiece fits properly. Proper fit of a respirator facepiece is critical. Obtaining a proper fit on each employee may require your employer to make available two or three different mask types. In order to assure that your respirator fits properly and that facepiece leakage is minimized, your employer must give you either a qualitative fit test or a quantitative fit test as specified in Appendix A of the Respiratory Protection standard located at section 5144.

You must also receive from your employer proper training in the use of respirators. Your employer is required to teach you how to wear a respirator, to know why it is needed, and to understand its limitations.

The standard provides that if your respirator uses filter elements, you must be given an opportunity to change the filter elements whenever an increase in breathing resistance is detected. You also must be permitted to periodically leave your work area to wash your face and respirator facepiece whenever necessary to prevent skin irritation. If you ever have difficulty in breathing during a fit test or while using a respirator, your employer must make a medical examination available to you to determine whether you can safely wear a respirator. The result of this examination may be to give you a positive pressure respirator (which reduces breathing resistance) or to provide alternative means of protection.

V. Protective Work Clothing and Equipment - Subsection (g)

If you are exposed to lead above the PEL as an 8-hour TWA, without regard to your use of a respirator, or if you are exposed to lead compounds such as lead arsenate or lead azide which can cause skin and eye irritation, your employer must provide you with protective work clothing and equipment appropriate for the hazard. If work clothing is provided, it must be provided in a clean and dry condition at least weekly, and daily if your airborne exposure to lead is greater than 200 μg/m3. Appropriate protective work clothing and equipment can include coveralls or similar full-body work clothing, gloves, hats, shoes or disposable shoe coverlets, and face shields or vented goggles. Your employer is required to provide all such equipment at no cost to you. In addition, your employer is responsible for providing repairs and replacement as necessary, and also is responsible for the cleaning, laundering or disposal of protective clothing and equipment.

The standard requires that your employer assure that you follow good work practices when you are working in areas where your exposure to lead may exceed the PEL. With respect to protective clothing and equipment, where appropriate, the following procedures should be observed prior to beginning work:

1. Change into work clothing and shoe covers in the clean section of the designated changing areas;

2. Use work garments of appropriate protective gear, including respirators before entering the work area; and

3. Store any clothing not worn under protective clothing in the designated changing area.

Workers should follow these procedures upon leaving the work area:

1. HEPA vacuum heavily contaminated protective work clothing while it is still being worn. At no time may lead be removed from protective clothing by any means which result in uncontrolled dispersal of lead into the air;

2. Remove shoe covers and leave them in the work area;

3. Remove protective clothing and gear in the dirty area of the designated changing area. Remove protective coveralls by carefully rolling down the garment to reduce exposure to dust.

4. Remove respirators last; and

5. Wash hands and face.

Workers should follow these procedures upon finishing work for the day (in addition to procedures described above):

1. Where applicable, place disposal coveralls and shoe covers with the abatement waste;

2. Contaminated clothing which is to be cleaned, laundered or disposed of must be placed in closed containers in the change room.

3. Clean protective gear, including respirators, according to standard procedures;

4. Wash hands and face again. If showers are available, take a shower and wash hair. If shower facilities are not available at the work site, shower immediately at home and wash hair.

VI. Housekeeping - Subsection (h)

Your employer must establish a housekeeping program sufficient to maintain all surfaces as free as practicable of accumulations of lead dust. Vacuuming is the preferred method of meeting this requirement, and the use of compressed air to clean floors and other surfaces is generally prohibited unless removal with compressed air is done in conjunction with ventilation systems designed to contain dispersal of the lead dust. Dry or wet sweeping, shoveling, or brushing may not be used except where vacuuming or other equally effective methods have been tried and do not work. Vacuums must be used equipped with a special filter called a high-efficiency particulate air (HEPA) filter and emptied in a manner which minimizes the reentry of lead into the workplace.

VII. Hygiene Facilities, Practices and Regulated Areas - Subsection (i)

The standard requires that hand washing facilities be provided where occupational exposure to lead occurs. In addition, change areas, showers (where feasible), and lunchrooms or eating areas are to be made available to workers exposed to lead above the PEL. Your employer must assure that except in these facilities, food and beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, where airborne exposures are above the PEL. Change rooms provided by your employer must be equipped with separate storage facilities for your protective clothing and equipment and street clothes to avoid cross-contamination. After showering, no required protective clothing or equipment worn during the shift may be worn home. It is important that contaminated clothing or equipment be removed in change areas and not be worn home or you will extend your exposure and expose your family since lead from your clothing can accumulate in your house, car, etc.

Lunchrooms or eating areas may not be entered with protective clothing or equipment unless surface dust has been removed by vacuuming, downdraft booth, or other cleaning method. Finally, workers exposed above the PEL must wash both their hands and faces prior to eating, drinking, smoking or applying cosmetics.

All of the facilities and hygiene practices just discussed are essential to minimize additional sources of lead absorption from inhalation or ingestion of lead that may accumulate on you, your clothes, or your possessions. Therefore, employers shall establish regulated areas, where access is controlled by the supervisor for work areas where employees are exposed to lead at or above the PEL or performing the specific tasks that require air monitoring, as required by subsection (d)(2). Any employee that enters the regulated area must be provided with protective equipment. Strict compliance with these provisions can virtually eliminate several sources of lead exposure which significantly contribute to excessive lead absorption.

VIII. Medical Surveillance - Subsection (j)

The medical surveillance program is part of the standard's comprehensive approach to the prevention of lead-related disease. Its purpose is to supplement the main thrust of the standard which is aimed at minimizing airborne concentrations of lead and sources of ingestion. Only medical surveillance can determine if the other provisions of the standard have affectively protected you as an individual. Compliance with the standard's provision will protect most workers from the adverse effects of lead exposure, but may not be satisfactory to protect individual workers (1) who have high body burdens of lead acquired over past years, (2) who have additional uncontrolled sources of non-occupational lead exposure, (3) who exhibit unusual variations in lead absorption rates, or (4) who have specific non-work related medical conditions which could be aggravated by lead exposure (e.g., renal disease, anemia). In addition, control systems may fail, or hygiene and respirator programs may be inadequate. Periodic medical surveillance of individual workers will help detect those failures. Medical surveillance will also be important to protect your reproductive ability-regardless of whether you are a man or woman.

All medical surveillance required by the standard must be performed by or under the supervision of a licensed physician. The employer must provide required medical surveillance without cost to employees and at a reasonable time and place. The standard's medical surveillance program has two parts -- periodic biological monitoring and medical examinations. Your employer's obligation to offer you medical surveillance is triggered by the results of the air monitoring program. Full medical surveillance must be made available to all employees who are or may be exposed to lead in excess of the action level for more than 30 days a year and whose blood lead level exceeds 40 μg/dl. Initial medical surveillance consisting of blood sampling and analysis for lead and zinc protoporphyrin must be provided to all employees exposed at any time (1 day) above the action level.

Biological monitoring under the standard must be provided at least every 2 months for the first 6 months and every 6 months thereafter until your blood lead level is below 40 μg/dl. A zinc protoporphyrin (ZPP) test is a very useful blood test which measures an adverse metabolic effect of lead on your body and is therefore an indicator of lead toxicity.

If your BLL exceeds 40 μg/dl the monitoring frequency must be increased from every 6 months to at least every 2 months and not reduced until two consecutive BLLs indicate a blood lead level below 40 μg/dl. Each time your BLL is determined to be over 40 μg/dl, your employer must notify you of this in writing within five working days of his or her receipt of the test results. The employer must also inform you that the standard requires temporary medical removal with economic protection when your BLL exceeds 50 μg/dl. (See Discussion of Medical Removal Protection-Subsection (k).) Anytime your BLL exceeds 50 μg/dl your employer must make available to you within two weeks of receipt of these test results a second follow-up BLL test to confirm your BLL. If the two tests both exceed 50 μg/dl, and you are temporarily removed, then your employer must make successive BLL tests available to you on a monthly basis during the period of your removal.

Medical examinations beyond the initial one must be made available on an annual basis if your blood lead level exceeds 40 μg/dl at any time during the preceding year and you are being exposed above the airborne action level of 30 μg/m3 for 30 or more days per year. The initial examination will provide information to establish a baseline to which subsequent data can be compared.

An initial medical examination to consist of blood sampling and analysis for lead and zinc protoporphyrin must also be made available (prior to assignment) for each employee being assigned for the first time to an area where the airborne concentration of lead equals or exceeds the action level at any time. In addition, a medical examination or consultation must be made available as soon as possible if you notify your employer that you are experiencing signs or symptoms commonly associated with lead poisoning or that you have difficulty breathing while wearing a respirator or during a respirator fit test. You must also be provided a medical examination or consultation if you notify your employer that you desire medical advice concerning the effects of current or past exposure to lead on your ability to procreate a healthy child.

Finally, appropriate follow-up medical examinations or consultations may also be provided for employees who have been temporarily removed from exposure under the medical removal protection provisions of the standard. (See Part IX, below.)

The standard specifies the minimum content of pre-assignment and annual medical examinations. The content of other types of medical examinations and consultations is left up to the sound discretion of the examining physician. Pre-assignment and annual medical examinations must include (1) a detailed work history and medical history; (2) a thorough physical examination, including an evaluation of your pulmonary status if you will be required to use a respirator; (3) a blood pressure measurement; and (4) a series of laboratory tests designed to check your blood chemistry and your kidney function. In addition, at any time upon your request, a laboratory evaluation of male fertility will be made (microscopic examination of a sperm sample), or a pregnancy test will be given.

The standard does not require that you participate in any of the medical procedures, tests, etc. which your employer is required to make available to you. Medical surveillance can, however, play a very important role in protecting your health. You are strongly encouraged, therefore, to participate in a meaningful fashion. The standard contains a multiple physician review mechanism which will give you a chance to have a physician of your choice directly participate in the medical surveillance program. If you are dissatisfied with an examination by a physician chosen by your employer, you can select a second physician to conduct an independent analysis. The two doctors would attempt to resolve any differences of opinion, and select a third physician to resolve any firm dispute. Generally your employer will choose the physician who conducts medical surveillance under the lead standard - unless you and your employer can agree on the choice of a physician or physicians. Some companies and unions have agreed in advance, for example, to use certain independent medical laboratories or panels of physicians. Any of these arrangements are acceptable so long as required medical surveillance is made available to workers.

The standard requires your employer to provide certain information to a physician to aid in his or her examination of you. This information includes (1) the standard and its appendices, (2) a description of your duties as they relate to occupational lead exposure, (3) your exposure level or anticipated exposure level, (4) a description of any personal protective equipment you wear, (5) prior blood lead level results, and (6) prior written medical opinions concerning you that the employer has. After a medical examination or consultation the physician must prepare a written report which must contain (1) the physician's opinion as to whether you have any medical condition which places you at increased risk of material impairment to health from exposure to lead, (2) any recommended special protective measures to be provided to you, (3) any blood lead level determinations, and (4) any recommended limitation on your use of respirators. This last element must include a determination of whether you can wear a powered air purifying respirator (PAPR) if you are found unable to wear a negative pressure respirator.

The medical surveillance program of the interim lead standard may at some point in time serve to notify certain workers that they have acquired a disease or other adverse medical condition as a result of occupational lead exposure. If this is true, these workers might have legal rights to compensation from public agencies, their employers, firms that supply hazardous products to their employers, or other persons. Some states have laws, including worker compensation laws, that disallow a worker who learns of a job-related health impairment to sue, unless the worker sues within a short period of time after learning of the impairment. (This period of time may be a matter of months or years.) An attorney can be consulted about these possibilities. It should be stressed that OSHA is in no way trying to either encourage or discourage claims or lawsuits. However, since results of the standard's medical surveillance program can significantly affect the legal remedies of a worker who has acquired a job-related disease or impairment, it is proper for OSHA to make you aware of this.

The medical surveillance section of the standard also contains provisions dealing with chelation. Chelation is the use of certain drugs (administered in pill form or injected into the body) to reduce the amount of lead absorbed in body tissues. Experience accumulated by the medical and scientific communities has largely confirmed the effectiveness of this type of therapy for the treatment of very severe lead poisoning. On the other hand, it has also been established that there can be a long list of extremely harmful side effects associated with the use of chelating agents. The medical community has balanced the advantages and disadvantages resulting from the use of chelating agents in various circumstances and has established when the use of these agents is acceptable. The standard includes these accepted limitations due to a history of abuse of chelation therapy by some lead companies. The most widely used chelating agents are calcium disodium EDTA, (Ca Na2 EDTA), Calcium Disodium Versenate (Versenate), and d-penicillamine (penicillamine or Cupramine).

The standard allows the use of “therapeutic” or “diagnostic” chelation if administered under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring. Therapeutic chelation responds to severe lead poisoning where there are marked symptoms. Diagnostic chelation involved giving a patient a dose of the drug then collecting all urine excreted for some period of time as an aid to the diagnosis of lead poisoning.

In cases where the examining physician determines that chelation is appropriate, you must be notified in writing of this fact before such treatment. This will inform you of a potentially harmful treatment, and allow you to obtain a second opinion.

IX. Medical Removal Protection - Subsection (k)

Excessive lead absorption subjects you to increased risk of disease. Medical removal protection (MRP) is a means of protecting you when, for whatever reasons, other methods, such as engineering controls, work practices, and respirators, have failed to provide the protection you need. MRP involves the temporary removal of a worker from his or her regular job to a place of significantly lower exposure without any loss of earnings, seniority, or other employment rights or benefits. The purpose of this program is to cease further lead absorption and allow your body to naturally excrete lead which has previously been absorbed. Temporary medical removal can result from an elevated blood lead level, or a medical opinion. For up to 18 months, or for as long as the job the employee was removed from lasts, protection is provided as a result of either form of removal. The vast majority of removed workers, however, will return to their former jobs long before this eighteen month period expires.

You may also be removed from exposure even if your blood lead level is below 50 μg/dl if a final medical determination indicates that you temporarily need reduced lead exposure for medical reasons. If the physician who is implementing your employers medical program makes a final written opinion recommending your removal or other special protective measures, your employer must implement the physician's recommendation. If you are removed in this manner, you may only be returned when the doctor indicates that it is safe for you to do so.

The standard does not give specific instructions dealing with what an employer must do with a removed worker. Your job assignment upon removal is a matter for you, your employer and your union (if any) to work out consistent with existing procedures for job assignments. Each removal must be accompanied in a manner consistent with existing collective bargaining relationships. Your employer is given broad discretion to implement temporary removals so long as no attempt is made to override existing agreements. Similarly, a removed worker is provided no right to veto an employer's choice which satisfies the standard.

In most cases, employers will likely transfer removed employees to other jobs with sufficiently low lead exposure. Alternately, a worker's hours may be reduced so that the time weighted average exposure is reduced, or he or she may be temporarily laid off if no other alternative is feasible.

In all of these situation, MRP benefits must be provided during the period of removal - i.e., you continue to receive the same earnings, seniority, and other rights and benefits you would have had if you had not been removed. Earnings includes more than just your base wage; it includes overtime, shift differentials, incentives, and other compensation you would have earned if you had not been removed. During the period of removal you must also be provided with appropriate follow-up medical surveillance. If you were removed because your blood lead level was too high, you must be provided with a monthly blood test. If a medical opinion caused your removal, you must be provided medical tests or examinations that the doctor believes to be appropriate. If you do not participate in this follow up medical surveillance, you may lose your eligibility for MRP benefits.

When you are medically eligible to return to your former job, your employer must return you to your “former job status.” This means that you are entitled to the position, wages, benefits, etc., you would have had if you had not been removed. If you would still be in your old job if no removal had occurred that is where you go back. If not, you are returned consistent with whatever job assignment discretion your employer would have had if no removal had occurred. MRP only seeks to maintain your rights, not expand them or diminish them.

If you are removed under MRP and you are also eligible for worker compensation or other compensation for lost wages, your employer's MRP benefits obligation is reduced by the amount that you actually receive from these other sources. This is also true if you obtain other employment during the time you are laid off with MRP benefits.

The standard also covers situations where an employer voluntarily removes a worker from exposure to lead due to the effects of lead on the employee's medical condition, even though the standard does not require removal. In these situations MRP benefits must still be provided as though the standard required removal. Finally, it is important to note that in all cases where removal is required, respirators cannot be used as a substitute. Respirators may be used before removal becomes necessary, but not as an alternative to a transfer to a low exposure job, or to lay-off with MRP benefits.

X. Employee Information, Training and Certification - Subsection (l)

Your employer is required to provide an information and training program for all employees exposed to lead above the action level or who may suffer skin or eye irritation from lead compounds such as lead arsenate or lead azide. The program must train these employees regarding the specific hazards associated with their work environment, protective measures which can be taken, including the contents of any compliance plan in effect, the danger of lead to their bodies (including their reproductive systems), and their rights under the standard. All employees must be trained prior to initial assignment to areas where there is a possibility of exposure over the action level.

This training program must also be provided at least annually thereafter unless further exposure above the action level will not occur.

The California Department of Health Services requires the certification of employees and supervisors performing lead related construction activities in residential and public buildings, as defined in Title 17, California Code of Regulations, Division 1, Chapter 8. Lead related construction work is defined in Title 17 as any construction, alteration, painting, demolition, salvage, renovation, repair, or maintenance of any residential or public building, including preparation and cleanup, that, by using or disturbing lead containing material or soil, may result in significant exposure of adults or children to lead. “Public building” means a structure which is generally accessible to the public, including but not limited to, schools, daycare centers, museums, airports, hospitals, stores, convention centers, government facilities, office buildings and any other building which is not an industrial building or a residential building. Where training certification is required, the training must be given by a training provider accredited by the California Department of Health Services.

XI. Signs - Subsection (m)

The standard requires that the following warning sign be posted in each regulated area or work areas where the exposure to lead exceeds the PEL:

WARNING

LEAD WORK AREA

POISONNO

SMOKING OR EATING

These signs are to be posted and maintained in a manner which assures that the legend is readily visible.

XII. Recordkeeping - Subsection (n)

Your employer is required to keep all records of exposure monitoring for airborne lead. These records must include the name and job classification of employees measured, details of the sampling and analytical techniques, the results of this sampling, and the type of respiratory protection being worn by the person sampled. Such records are to be retained for at least 30 years. Your employer is also required to keep all records of biological monitoring and medical examination results. These records must include the names of the employees, the physician's written opinion, and a copy of the results of the examination. Medical records must be preserved and maintained for the duration of employment plus 30 years. However, if the employee's duration of employment is less than one year, the employer need not retain that employee's medical records beyond the period of employment if they are provided to the employee upon termination of employment.

Recordkeeping is also required if you are temporarily removed from your job under the medical removal protection program. This record must include your name and social security number, the date of your removal and return, how the removal was or is being accomplished, and whether or not the reason for the removal was an elevated blood lead level. Your employer is required to keep each medical removal record only for as long as the duration of an employee's employment.

The standard requires that if you request to see or copy environmental monitoring, blood lead level monitoring, or medical removal records, they must be made available to you or to a representative that you authorize. Your union also has access to these records. Medical records other than BLL's must also be provided upon request to you, to your physician or to any other person whom you may specifically designate. Your union does not have access to your personal medical records unless you authorize their access.

XIII. Observation of Monitoring - Subsection (o)

When air monitoring for lead is performed at your workplace as required by this standard, your employer must allow you or someone you designate to act as an observer of the monitoring. Observers are entitled to an explanation of the measurement procedure, and to record the results obtained. Since results will not normally be available at the time of the monitoring, observers are entitled to record or receive the results of the monitoring when returned by the laboratory. Your employer is required to provide the observer with any personal protective devices required to be worn by employees working in the area that is being monitored. The employer must require the observer to wear all such equipment and to comply with all other applicable safety and health procedures.

XIV. Effective Date - Subsection (p)

The standard's effective date was November 4, 1993. Employer obligations under the standard begin as of that date with full implementation of engineering controls as soon as possible but no later than within 4 months, and all other provisions completed as soon as possible, but no later than within 2 months from the effective date.

XV. For Additional Information

A. A copy of the standard for lead in construction can be obtained free of charge by calling or writing your local Cal/OSHA Office.

B. Additional information about the standard, its enforcement, and your employer's compliance can be obtained from the nearest Cal/OSHA Office listed in your telephone directory.

Appendix C to § 1532.1 -- Medical Surveillance Guidelines

Introduction

The primary purpose of the Occupational Safety and Health Act of 1970 is to assure, so far as possible, safe and healthful working conditions for every working man and woman. The occupational health standard for lead in construction is designed to protect workers exposed to inorganic lead including metallic lead, all inorganic lead compounds and organic lead soaps.

Under this standard occupational exposure to inorganic lead is to be limited to 50 μg/m3 (micrograms per cubic meter) based on an 8 hour time-weighted average (TWA). This permissible exposure limit (PEL) must be achieved through a combination of engineering, work practice and administrative controls to the extent feasible. Where these controls are in place but are found not to reduce employee exposures to or below the PEL, they must be used nonetheless, and supplemented with respirators to meet the 50 μg/m3 exposure limit.

The standard also provides for a program of biological monitoring for employees exposed to lead above the action level at any time, and additional medical surveillance for all employees exposed to levels of inorganic lead above 30 μg/m3 (TWA) for more than 30 days per year and whose BLL exceeds 40 μg/dl.

The purpose of this document is to outline the medical surveillance provisions of the interim standard for inorganic lead in construction, and to provide further information to the physician regarding the examination and evaluation of workers exposed to inorganic lead.

Section 1 provides a detailed description of the monitoring procedure including the required frequency of blood testing for exposed workers, provisions for medical removal protection (MRP), the recommended right of the employee to a second medical opinion, and notification and recordkeeping requirements of the employer. A discussion of the requirements for respirator use and respirator monitoring and OSHA's position on prophylactic chelation therapy are also included in this section.

Section 2 discusses the toxic effects and clinical manifestations of lead poisoning and effects of lead intoxication on enzymatic pathways in heme synthesis. The adverse effects on both male and female reproductive capacity and on the fetus are also discussed.

Section 3 outlines the recommended medical evaluation of the worker exposed to inorganic lead, including details of the medical history, physical examination, and recommended laboratory tests, which are based on the toxic effects of lead as discussed in Section 2.

Section 4 provides detailed information concerning the laboratory tests available for the monitoring of exposed workers. Included also is a discussion of the relative value of each test and the limitations and precautions which are necessary in the interpretation of the laboratory results.

I. Medical Surveillance and Monitoring Requirements for Workers Exposed to Inorganic Lead

Under the standard for inorganic lead in the construction industry, initial medical surveillance consisting of biological monitoring to include blood lead and ZPP level determination shall be provided to employees exposed to lead at or above the action level on any one day. In addition, a program of biological monitoring is to be made available to all employees exposed above the action level at any time and additional medical surveillance is to be made available to all employees exposed to lead above 30 μg/m3 TWA for more than 30 days each year and whose BLL exceeds 40 μg/dl. This program consists of periodic blood sampling and medical evaluation to be performed on a schedule which is defined by previous laboratory results, worker complaints or concerns, and the clinical assessment of the examining physician.

Under this program, the blood lead level (BLL) of all employees who are exposed to lead above 30 μg/m3 for more than 30 days per year or whose blood lead is above 40 μg/dl but exposed for no more than 30 days per year is to be determined at least every two months for the first six months of exposure and every six months thereafter. The frequency is increased to every two months for employees whose last blood lead level was 40 μg/dl or above. For employees who are removed from exposure to lead due to an elevated blood lead, a new blood lead level must be measured monthly. A zinc protoporphyrin (ZPP) measurement is strongly recommended on each occasion that a blood lead level measurement is made.

An annual medical examination and consultation performed under the guidelines discussed in Section 3 is to be made available to each employee exposed above 30 μg/m3 for more than 30 days per year for whom a blood test conducted at any time during the preceding 12 months indicated a blood lead level at or above 40 μg/dl. Also, an examination is to be given to all employees prior to their assignment to an area in which airborne lead concentrations each or exceed the 30 μg/m3 for more than 30 days per year. In addition, a medical examination must be provided as soon as possible after notification by an employee that the employee has developed signs and symptoms commonly associated with lead intoxication, that the employee desires medical advice regarding lead exposure and the ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during respirator use. An examination is also to be made available to each employee removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited or specially protected pursuant to medical recommendations.

Under the standard's ultimate worker removal criteria, a worker is to be removed from any work having an eight hour TWA exposure to lead of 30 μg/m3 when his or her blood lead level reaches 50 μg/dl and is confirmed by a second follow-up blood lead level performed within two weeks after the employer receives the results of the first blood sampling test. Return of the employee to his or her job status depends on a worker's blood lead level declining to 40 μg/dl.

As part of the interim standard, the employer is required to notify in writing each employee whose blood lead level exceeds 40 μg/dl. In addition each such employee is to be informed that the standard requires medical removal with MRP benefits, discussed below, when an employee's blood lead level exceeds the above defined limit.

In addition to the above blood lead level criterion, temporary worker removal may also take place as a result of medical terminations and recommendations. Written medical opinions must be prepared after each examination pursuant to the standard. If the examining physician includes a medical finding, determination or opinion that the employee has a medical condition which places the employee at increased risk of material health impairment from exposure to lead, then the employee must be removed from exposure to lead at or above 30 μg/m3. Alternatively, if the examining physician recommends special protective measures for an employee (e.g., use of a powered air purifying respirator) or recommends limitations on an employee's exposure to lead, then the employer must implement these recommendations.

Recommendations may be more stringent than the specific provisions of the standard. The examining physician, therefore, is given broad flexibility to tailor special protective procedures to the needs of individual employees. This flexibility extends to the evaluation and management of pregnant workers and male and female workers who are planning to raise children. Based on the history, physical examination, and laboratory studies, the physician might recommend special protective measures or medical removal for an employee who is pregnant or who is planning to conceive a child when, in the physician's judgment, continued exposure to lead at the current job would pose a significant risk. The return of the employee to his or her former job status, or the removal of special protections or limitations, depends upon the examining physician determining that the employee is no longer at increased risk of material impairment or that special measures are no longer needed.

During the period of any form of special protection or removal, the employer must maintain the worker's earnings, seniority, and other employment rights and benefits (as though the worker had not been removed) for a period of up to 18 months or for as long as the job the employee was removed from lasts if less than 18 months. This economic protection will maximize meaningful worker participation in the medical surveillance program, and is appropriate as part of the employer's overall obligation to provide a safe and healthful workplace. The provisions of MRP benefits during the employee's removal period may, however, be conditioned upon participation in medical surveillance.

The lead standard provides for a multiple physician review in cases where the employee wishes a second opinion concerning potential lead poisoning or toxicity. If an employee wishes a second opinion, he or she can make an appointment with a physician of his or her choice. This second physician will review the findings, recommendations or determinations of the first physician and conduct any examinations, consultations or tests deemed necessary in an attempt to make a final medical determination. If the first and second physicians do not agree in their assessment they must try to resolve their differences. If they cannot reach an agreement then they must designate a third physician to resolve the dispute.

The employer must provide examining and consulting physicians with the following specific information: A copy of the lead regulations and all appendices, a description of the employee's duties as related to exposure, the exposure level or anticipated level to lead and any other toxic substances (if applicable), a description of personal protective equipment used, blood lead levels, and all prior written medical opinions regarding the employee in the employer's possession or control. The employer must also obtain from the physician and provide the employee with a written medical opinion containing blood lead levels, the physician's opinion as to whether the employee is at risk of material impairment to health, any recommended protective measures for the employee if further exposure is permitted, as well as any recommended limitations upon an employee's use of respirators.

Employers must instruct each physician not to reveal to the employer in writing or in any other way his or her findings, laboratory results, or diagnoses which are felt to be unrelated to occupational lead exposure. They must also instruct each physician to advise the employee of any occupationally or non-occupationally related medical condition requiring further treatment or evaluation.

The standard provides for the use of respirators where engineering and other primary controls are not effective. However, the use of respirator protection shall not be used in lieu of temporary medical removal due to elevated blood lead levels or findings that an employee is at risk of material health impairment. This is based on the numerous inadequacies of respirators including skin rash where the facepiece makes contact with the skin, unacceptable stress to breathing in some workers with underlying cardiopulmonary impairment, difficulty in providing adequate fit, the tendency for respirators to create additional hazards by interfering with vision, hearing, and mobility, and the difficulties of assuring the maximum effectiveness of a complicated work practice program involving respirators. Respirators do, however, serve a useful function where engineering and work practice controls are inadequate by providing supplementary, interim, or short-term protection, provided they are properly selected for the environment in which the employee will be working, properly fitted to the employee, maintained and cleaned periodically, and worn by the employee when required.

In its standard on occupational exposure to inorganic lead in the construction industry, OSHA has prohibited prophylactic chelation. Diagnostic and therapeutic chelation are permitted only under the supervision of a licensed physician with appropriate medical monitoring in an acceptable clinical setting. The decision to initiate chelation therapy must be made on an individual basis and take into account the severity of symptoms felt to be a result of lead toxicity along with blood lead levels, ZPP levels, and other laboratory tests as appropriate. EDTA and penicillamine which are the primary chelating agents used in the therapy of occupational lead poisoning have significant potential side effects and their use must be justified on the basis of expected benefits to the worker. Unless frank and severe symptoms are prevent, therapeutic chelation is not recommended, given the opportunity to remove a worker from exposure and allow the body to naturally excrete accumulated lead. As a diagnostic aid, the chelation mobilization test using CA-EDTA has limited applicability. According to some investigators, the test can differentiate between lead-induced and other nephropathies. The test may also provide an estimation of the mobile fraction of the total body lead burden.

Employers are required to assure that accurate records are maintained on exposure assessment, including environmental monitoring, medical surveillance, and medical removal for each employee. Exposure assessment records must be kept for at least 30 years. Medical surveillance records must be kept for the duration of employment plus 30 years except in cases where the employment was less than one year. If duration of employment is less than one year, the employer need not retain this record beyond the term of employment if the record is provided to the employee upon termination of employment. Medical removal records also must be maintained for the duration of employment. All records required under the standard must be made available upon request to the Chief and the National Institute for Occupational Safety and Health. Employers must also make environmental and biological monitoring and medical removal records available to affected employees and to former employees or their authorized employee representatives. Employees or their specifically designated representatives have access to their entire medical surveillance records.

In addition, the standard requires that the employer inform all workers exposed to lead at or above 30 μg/m3 of the provisions of the standard and all its appendices, the purpose and description of medical surveillance and provisions for medical removal protection if temporary removal is required. An understanding of the potential health effects of lead exposure by all exposed employees along with full understanding of their rights under the lead standard is essential for an effective monitoring program.

II. Adverse Health Effects of Inorganic Lead

Although the toxicity of lead has been known for 2,000 years, the knowledge of the complex relationship between lead exposure and human response is still being refined. Significant research into the toxic properties of lead continues throughout the world, and it should be anticipated that our understanding of thresholds of effects and margins of safety will be improved in future years. The provisions of the lead standard are founded on two prime medical judgments: First, the prevention of adverse health effects from exposure to lead throughout a working lifetime requires that worker blood lead levels be maintained at or below 40 μg/dl and second, the blood lead levels of workers, male or female, who intend to parent in the near future should be maintained below 30 μg/dl to minimize adverse reproductive health effects to the parents and developing fetus. The adverse effects of lead on reproduction are being actively researched and Cal/OSHA encourages the physician to remain abreast of recent developments in the area to best advise pregnant workers or workers planning to conceive children.

The spectrum of health effects caused by lead exposure can be subdivided into five developmental stages: Normal, physiological changes of uncertain significance, pathophysiological changes, overt symptoms (morbidity), and mortality. Within this process there are no sharp distinctions, but rather a continuum of effects. Boundaries between categories overlap due to the wide variation of individual responses and exposures in the working population. OSHA's development of the lead standard focused on pathophysiological changes as well as later stages of disease.

1. Heme Synthesis Inhibition. The earliest demonstrated effect of lead involves its ability to inhibit at least two enzymes of the heme synthesis pathway at very low blood levels. Inhibition of delta aminolevulinic acid dehydrase (ALA-D) which catalyzes the conversion of delta-aminolevulinic acid (ALA) to protoporphyrin is observed at a blood lead level below 20 μg/dl. At a blood lead level of 40 μg/dl, more than 20% of the population would have 70% inhibition of ALA-D. There is an exponential increase in ALA excretion at blood lead levels greater than 40 μg/dl.

Another enzyme, ferrochelatase, is also inhibited at low blood lead levels. Inhibition of ferrochelatase leads to increased free erythrocyte protoporphyrin (FEP) in the blood which can then bind to zinc to yield zinc protoporphyrin. At a blood lead level of 50 μg/dl or greater, nearly 100% of the population will have an increase in FEP. There is also an exponential relationship between blood lead levels greater than 40 μg/dl and the associated ZPP level, which has led to the development of the ZPP screening test for lead exposure.

While the significance of these effects is subject to debate, it is Cal/OSHA's position that these enzyme disturbances are early stages of a disease process which may eventually result in the clinical symptoms of lead poisoning. Whether or not the effects do progress to the later stages of clinical disease, disruption of these enzyme processes over a working lifetime is considered to be a material impairment of health.

One of the eventual results of lead-induced inhibition of enzymes in the heme synthesis pathway is anemia which can be asymptomatic if mild but associated with a wide array of symptoms including dizziness, fatigue, and tachycardia when more severe. Studies have indicated that lead levels as low as 50 μg/dl can be associated with a definite decreased hemoglobin, although most cases of lead-induced anemia, as well as shortened red-cell survival times, occur at lead levels exceeding 80 μg/dl. Inhibited hemoglobin synthesis is more common in chronic cases whereas shortened erythrocyte life span is more common in acute cases.

In lead-induced anemias, there is usually a reticulocytosis along with the presence of basophilic stippling, and ringed sideroblasts, although none of the above are pathognomonic for lead-induced anemia.

2. Neurological Effects. Inorganic lead has been found to have toxic effects on both the central and peripheral nervous systems. The earliest stages of lead-induced central nervous system effects first manifest themselves in the form of behavioral disturbances and central nervous system symptoms including irritability, restlessness, insomnia and other sleep disturbances, fatigue, vertigo, headache, poor memory, tremor, depression, and apathy. With more severe exposure, symptoms can progress to drowsiness, stupor, hallucinations, delirium, convulsions and coma.

The most severe and acute form of lead poisoning which usually follows ingestion or inhalation of large amounts of lead is acute encephalopathy which may arise precipitously with the onset of intractable seizures, coma, cardiorespiratory arrest, and death within 48 hours.

While there is disagreement about what exposure levels are needed to produce the earliest symptoms, most experts agree that symptoms definitely can occur at blood lead levels of 60 μg/dl whole blood and therefore recommend a 40 μg/dl maximum. The central nervous system effects frequently are not reversible following discontinued exposure or chelation therapy and when improvement does occur, it is almost always only partial.

The peripheral neuropathy resulting from lead exposure characteristically involves only motor function with minimal sensory damage and has a marked predilection for the extensor muscles of the most active extremity. The peripheral neuropathy can occur with varying degrees of severity. The earliest and mildest form which can be detected in workers with blood lead levels as low as 50 μg/dl is manifested by slowing of motor nerve conduction velocity often without clinical symptoms. With progression of the neuropathy there is development of painless extensor muscle weakness usually involving the extensor muscles of the fingers and hand in the most active upper extremity, followed in severe cases by wrist drop or, much less commonly, foot drop.

In addition to slowing of nerve conduction, electromyographical studies in patients with blood lead levels greater than 50 μg/dl have demonstrated a decrease in the number of acting motor unit potentials, an increase in the duration of motor unit potentials, and spontaneous pathological activity including fibrillations and fasciculations. Whether these effects occur at levels of 40 μg/dl is undetermined.

While the peripheral neuropathies can occasionally be reversed with therapy, again such recovery is not assured particularly in the more severe neuropathies and often improvement is only partial. The lack of reversibility is felt to be due in part to segmental demyelination.

3. Gastrointestinal. Lead may also affect the gastrointestinal system producing abdominal colic or diffuse abdominal pain, constipation, obstipation, diarrhea, anorexia, nausea and vomiting. Lead colic rarely develops at blood lead levels below 80 μg/dl.

4. Renal. Renal toxicity represents one of the most serious health effects of lead poisoning. In the early stages of disease nuclear inclusion bodies can frequently be identified in proximal renal tubular cells. Renal function remains normal and the changes in this stage are probably reversible. With more advanced disease there is progressive interstitial fibrosis and impaired renal function. Eventually extensive interstitial fibrosis ensues with sclerotic glomeruli and dilated and atrophied proximal tubules; all represent end stage kidney disease. Azotemia can be progressive, eventually resulting in frank uremia necessitating dialysis. There is occasionally associated hypertension and hyperuricemia with or without gout.

Early kidney disease is difficult to detect. The urinalysis is normal in early lead nephropathy and the blood urea nitrogen and serum creatinine increase only when two-thirds of kidney function is lost. Measurement of creatinine clearance can often detect earlier disease as can other methods of measurement of glomerular filtration rate. An abnormal Ca-EDTA mobilization test has been used to differentiate between lead-induced and other nephropathies, but this procedure is not widely accepted. A form of Fanconi syndrome with aminoaciduria, glycosuria, and hyperphosphaturia indicating severe injury to the proximal renal tubules is occasionally seen in children.

5. Reproductive effects. Exposure to lead can have serious effects on reproductive function in both males and females. In male workers exposed to lead there can be a decrease in sexual drive, impotence, decreased ability to produce healthy sperm, and sterility. Malformed sperm (teratospermia), decreased number of sperm (hypospermia), and sperm with decreased motility (asthenospermia) can all occur. Teratospermia has been noted at mean blood lead levels of 53 μg/dl and hypospermia and athenospermia at 41 μg/dl. Furthermore, there appears to be a dose-response relationship for teratospermia in lead exposed workers.

Women exposed to lead may experience menstrual disturbances including dysmenorrhea, menorrhagia and amenorrhea. Following exposure to lead, women have a higher frequency of sterility, premature births, spontaneous miscarriages, and stillbirths.

Germ cells can be affected by lead and cause genetic damage in the egg or sperm cells before conception and result in failure to implant, miscarriage, stillbirth, or birth defects.

Infants of mothers with lead poisoning have a higher mortality during the first year and suffer from lowered birth weights, slower growth, and nervous system disorders.

Lead can pass through the placental barrier and lead levels in the mother's blood are comparable to concentrations of lead in the umbilical cord at birth. Transplacental passage becomes detectable at 12-14 weeks of gestation and increases until birth.

There is little direct data on damage to the fetus from exposure to lead but it is generally assumed that the fetus and newborn would be at least as susceptible to neurological damage as young children. Blood lead levels of 50-60 μg/dl in children can cause significant neurobehavioral impairments and there is evidence of hyperactivity at blood levels as low as 25 μg/dl. Given the overall body of literature concerning the adverse health effects of lead in children, Cal/OSHA feels that the blood lead level in children should be maintained below 30 μg/dl with a population mean of 15 μg/dl. Blood lead levels in the fetus and newborn likewise should not exceed 30 μg/dl.

Because of lead's ability to pass through the placental barrier and also because of the demonstrated adverse effects of lead on reproductive function in both the male and female as well as the risk of genetic damage of lead on both the ovum and sperm, Cal/OSHA recommends a 30 μg/dl maximum permissible blood lead level in both males and females who wish to bear children.

6. Other toxic effects. Debate and research continue on the effects of lead on the human body. Hypertension has frequently been noted in occupationally exposed individuals although it is difficult to assess whether this is due to lead's adverse effects on the kidney or if some other mechanism is involved. Vascular and electrocardiographic changes have been detected but have not been well characterized. Lead is thought to impair thyroid function and interfere with the pituitary-adrenal axis, but again these effects have not been well defined.

III. Medical Evaluation

The most important principle in evaluating a worker for any occupational disease including lead poisoning is a high index of suspicion on the part of the examining physician. As discussed in Section 2, lead can affect numerous organ systems and produce a wide array of signs and symptoms, most of which are non-specific and subtle in nature at least in the early stages of disease. Unless serious concern for lead toxicity is present, many of the early clues to diagnosis may easily be overlooked.

The crucial initial step in the medical evaluation is recognizing that a worker's employment can result in exposure to lead. The worker will frequently be able to define exposures to lead and lead containing materials but often will not volunteer this information unless specifically asked. In other situations the worker may not know of any exposures to lead but the suspicion might be raised on the part of the physician because of the industry or occupation of the worker. Potential occupational exposure to lead and its compounds occur in many occupations in the construction industry, including demolition and salvaging operations, removal or encapsulation of materials containing lead, construction, alteration, repair or renovation of structures containing lead, transportation, disposal, storage or containment of lead or lead-containing materials on construction sites, and maintenance operations associated with construction activities.

Once the possibility for lead exposure is raised, the focus can then be directed toward eliciting information from the medical history, physical exam, and finally from laboratory data to evaluate the worker for potential lead toxicity.

A complete and detailed work history is important in the initial evaluation. A listing of all previous employment with information on job description, exposure to fumes or dust, known exposures to lead or other toxic substances, a description of any personal protective equipment used, and previous medical surveillance should all be included in the worker's record. Where exposure to lead is suspected, information concerning on-the-job personal hygiene, smoking or eating habits in work areas, laundry procedures, and use of any protective clothing or respiratory protection equipment should be noted. A complete work history is essential in the medical evaluation of a worker with suspected lead toxicity, especially when long term effects such as neurotoxicity and nephrotoxicity are considered.

The medical history is also of fundamental importance and should include a listing of all past and current medical conditions, current medications including proprietary drug intake, previous surgeries and hospitalizations, allergies, smoking history, alcohol consumption, and also non-occupational lead exposures such as hobbies (hunting, riflery). Also known childhood exposures should be elicited. Any previous history of hematological, neurological, gastrointestinal, renal, psychological, gynecological, genetic, or reproductive problems should be specifically noted.

A careful and complete review of systems must be performed to assess both recognized complaints and subtle or slowly acquired symptoms which the worker might not appreciate as being significant. The review of symptoms should include the following:

1. General - weight loss, fatigue, decreased appetite.

2. Head, Eyes, Ears, Nose, Throat (HEENT) - headaches, visual disturbances or decreased visual acuity, hearing deficits or tinnitus, pigmentation of the oral mucosa, or metallic taste in mouth.

3. Cardio-pulmonary - shortness of breath, cough, chest pains, palpitations, or orthopnea.

4. Gastrointestinal - nausea, vomiting, heartburn, abdominal pain, constipation or diarrhea.

5. Neurologic - irritability, insomnia, weakness (fatigue), dizziness, loss of memory, confusion, hallucinations, incoordination, ataxia, decreased strength in hands or feet, disturbances in gait, difficulty in climbing stairs, or seizures.

6. Hematologic - pallor, easy fatigability, abnormal blood loss, melena.

7. Reproductive (male and female and spouse where relevant) - history of infertility, impotence, loss of libido, abnormal menstrual periods, history of miscarriages, stillbirths, or children with birth defects.

8. Musculo-skeletal - muscle and joint pains.

The physical examination should emphasize the neurological, gastrointestinal, and cardiovascular systems. The worker's weight and blood pressure should be recorded and the oral mucosa checked for pigmentation characteristic of a possible Burtonian or lead line on the gingiva. It should be noted, however, that the lead line may not be present even in severe lead poisoning if good oral hygiene is practiced.

The presence of pallor on skin examination may indicate an anemia which, if severe, might also be associated with a tachycardia. If an anemia is suspected, an active search for blood loss should be undertaken including potential blood loss through the gastrointestinal tract.

A complete neurological examination should include an adequate mental status evaluation including a search for behavioral and psychological disturbances, memory testing, evaluation for irritability, insomnia, hallucinations, and mental clouding. Gait and coordination should be examined along with close observation for tremor. A detailed evaluation of peripheral nerve function including careful sensory and motor function testing is warranted. Strength testing particularly of extensor muscle groups of all extremities is of fundamental importance.

Cranial nerve evaluation should also be included in the routine examination.

The abdominal examination should include auscultation for bowel sounds and abdominal bruits and palpation for organomegaly, masses, and diffuse abdominal tenderness.

Cardiovascular examination should evaluate possible early signs of congestive heart failure. Pulmonary status should be addressed particularly if respirator protection is contemplated.

As part of the medical evaluation, the interim lead standard requires the following laboratory studies:

1. Blood lead level;

2. Hemoglobin and hematocrit determinations, red cell indices, and examination of the peripheral blood smear to evaluate red blood cell morphology;

3. Blood urea nitrogen;

4. Serum creatinine;

5. Routine urinalysis with microscopic examination;

6. A zinc protoporphyrin level.

In additional to the above, the physician is authorized to order any further laboratory or other tests which he or she deems necessary in accordance with sound medical practice. The evaluation must also include pregnancy testing or laboratory evaluation of male fertility if requested by the employee. Additional tests which are probably not warranted on a routine basis but may be appropriate when blood lead and ZPP levels are equivocal include delta aminolevulinic acid and coproporphyrin concentrations in the urine, and dark-field illumination for detection of basophilic stippling in red blood cells.

If an anemia is detected further studies including a careful examination of the peripheral smear, reticulocyte count, stool for occult blood, serum iron, total iron binding capacity, bilirubin, and, if appropriate, vitamin B12 and folate may be of value in attempting to identify the cause of the anemia.

If a peripheral neuropathy is suspected, nerve conduction studies are warranted both for diagnosis and as a basis to monitor any therapy.

If renal disease is questioned, a 24 hour urine collection for creatinine clearance, protein, and electrolytes may be indicated. Elevated uric acid levels may result from lead-induced renal disease and a serum uric acid level might be performed.

An electrocardiogram and chest x-ray may be obtained as deemed appropriate.

Sophisticated and highly specialized testing should not be done routinely and where indicated should be under the direction of a specialist.

IV. Laboratory Evaluation

The blood lead level at present remains the single most important test to monitor lead exposure and is the test used in the medical surveillance program under the lead standard to guide employee medical removal. The ZPP has several advantages over the blood lead level. Because of its relatively recent development and the lack of extensive data concerning its interpretation, the ZPP currently remains an ancillary test.

This section will discuss the blood lead level and ZPP in detail and will outline their relative advantages and disadvantages. Other blood tests currently available to evaluate lead exposure will also be reviewed.

The blood lead level is a good index of current or recent lead absorption when there is no anemia present and when the worker has not taken any chelating agents. However, blood lead levels along with urinary lead levels do not necessarily indicate the total body burden of lead and are not adequate measures of past exposure. One reason for this is that lead has a high affinity for bone and up to 90% of the body's total lead is deposited there. A very important component of the total lead body burden is lead in soft tissue (liver, kidney, and brain). This fraction of the lead body burden, the biologically active lead, is not entirely reflected by blood lead levels since it is a function of the dynamics of lead absorption, distribution, deposition in bone and excretion. Following discontinuation of exposure to lead, the excess body burden is only slowly mobilized from bone and other relatively stable body stores and excreted. Consequently, a high blood lead level may only represent recent heavy exposure to lead without a significant total body excess and likewise a low blood lead level does not exclude an elevated total body burden of lead.

Also due to its correlation with recent exposures, the blood lead level may vary considerably over short time intervals.

To minimize laboratory error and erroneous results due to contamination, blood specimens must be carefully collected after thorough cleaning of the skin with appropriate methods using lead-free blood containers and analyzed by a reliable laboratory. Under the standard, samples must be analyzed in laboratories which are approved by OSHA. Analysis is to be made using atomic absorption spectrophotometry, anodic stripping voltammetry or any method which meets the accuracy requirements set forth by the standard.

The determination of lead in urine is generally considered a less reliable monitoring technique than analysis of whole blood primarily due to individual variability in urinary excretion capacity as well as the technical difficulty of obtaining accurate 24 hour urine collections. In addition, workers with renal insufficiency, whether due to lead or some other cause, may have decreased lead clearance and consequently urine lead levels may underestimate the true lead burden. Therefore, urine lead levels should not be used as a routine test.

The zinc protoporphyrin test, unlike the blood lead determination, measures an adverse metabolic effect of lead and as such is a better indicator of lead toxicity than the level of blood lead itself. The level of ZPP reflects lead absorption over the preceding 3 to 4 months, and therefore is a better indicator of lead body burden. The ZPP requires more time than the blood lead to read significantly elevated levels; the return to normal after discontinuing lead exposure is also slower. Furthermore, the ZPP test is simpler, faster, and less expensive to perform and no contamination is possible. Many investigators believe it is the most reliable means of monitoring chronic lead absorption.

Zinc protoporphyrin results from the inhibition of the enzyme ferrochelatase which catalyzes the insertion of an iron molecule into the protoporphyrin molecule, which then becomes heme. If iron is not inserted into the molecule then zinc, having a greater affinity for protoporphyrin, takes the place of the iron, forming ZPP.

An elevation in the level of circulating ZPP may occur at blood lead levels as low as 20-30 μg/dl in some workers. Once the blood lead level has reached 40 μg/dl there is more marked rise in the ZPP value from its normal range of less than 100 μg/dl100 ml. Increases in blood lead levels beyond 40 μg/100 g are associated with exponential increases in ZPP.

Whereas blood lead levels fluctuate over short time spans, ZPP levels remain relatively stable. ZPP is measured directly in red blood cells and is present for the cell's entire 120 day life-span. Therefore, the ZPP level in blood reflects the average ZPP production over the previous 3-4 months and consequently the average lead exposure during that time interval.

It is recommended that a hematocrit be determined whenever a confirmed ZPP of 50 μg/100 ml whole blood is obtained to rule out a significant underlying anemia. If the ZPP is in excess of 100 μg/100 ml and not associated with abnormal elevations in blood lead levels, the laboratory should be checked to be sure that blood leads were determined using atomic absorption spectrophotometry anodic stripping voltammetry, or any method which meets the accuracy requirements set forth by the standard by an OSHA approved laboratory which is experienced in lead level determinations. Repeat periodic blood lead studies should be obtained in all individuals with elevated ZPP levels to be certain that an associated elevated blood lead level has not been missed due to transient fluctuations in blood leads.

ZPP has a characteristic fluorescence spectrum with a peak at 594 nm which is detectable with a hematofluorimeter. The hematofluorimeter is accurate and portable and can provide on-site, instantaneous results for workers who can be frequently tested via a finger prick.

However, careful attention must be given to calibration and quality control procedures. Limited data on blood lead-ZPP correlations and the ZPP levels which are associated with the adverse health effects discussed in Section 2 are the major limitations of the test. Also it is difficult to correlate ZPP levels with environmental exposure and there is some variation of response with age and sex. Nevertheless, the ZPP promises to be an important diagnostic test for the early detection of lead toxicity and its value will increase as more data is collected regarding its relationship to other manifestations of lead poisoning.

Levels of delta-aminolevulinic acid (ALA) in the urine are also used as a measure of lead exposure. Increasing concentrations of ALA are believed to result from the inhibition of the enzyme delta-aminolevulinic acid dehydrase (ALA-D). Although the test is relatively easy to perform, inexpensive, and rapid, the disadvantages include variability in results, the necessity to collect a complete 24 hour urine sample which has a specific gravity greater than 1.010, and also the fact that ALA decomposes in the presence of light.

The pattern of porphyrin excretion in the urine can also be helpful in identifying lead intoxication. With lead poisoning, the urine concentrations of coproporphyrins I and II, porphobilinogen and uroporphyrin I rise. The most important increase, however, is that of coproporphyrin III; levels may exceed 5,000 μg/1 in the urine in lead poisoned individuals, but its correlation with blood lead levels and ZPP are not as good as those of ALA. Increases in urinary porphyrins are not diagnostic of lead toxicity and may be seen in porphyria, some liver diseases, and in patients with high reticulocyte counts.

Summary. The standard for inorganic lead in the construction industry places significant emphasis on the medical surveillance of all workers exposed to levels of inorganic lead above 30 μg/m3 TWA. The physician has a fundamental role in this surveillance program, and in the operation of the medical removal protection program.

Even with adequate worker education on the adverse health effects of lead and appropriate training in work practices, personal hygiene and other control measures, the physician has a primary responsibility for evaluating potential lead toxicity in the worker. It is only through a careful and detailed medical and work history, a complete physical examination and appropriate laboratory testing that an accurate assessment can be made. Many of the adverse health effects of lead toxicity are either irreversible or only partially reversible and therefore early detection of disease is very important.

This document outlines the medical monitoring program as defined by the occupational safety and health standard for inorganic lead. It reviews the adverse health effects of lead poisoning and describes the important elements of the history and physical examinations as they relate to these adverse effects. Finally, the appropriate laboratory testing for evaluating lead exposure and toxicity is presented.

It is hoped that this review and discussion will give the physician a better understanding of the OSHA standard with the ultimate goal of protecting the health and well-being of the worker exposed to lead under his or her care.

Appendix D to § 1532.1 -- Qualitative and Quantitative Fit Test Protocols

[See Section 5144, Appendix A]

§1532.2. Chromium (VI).

Note • History

(a) Scope.

(1) This standard applies to occupational exposures to chromium (VI) in all forms and compounds in construction, except:

(2) Exposures that occur in the application of pesticides regulated by the California Department of Pesticide Regulation, the U.S. Environmental Protection Agency or another Federal government agency (e.g., the treatment of wood with preservatives);

(3) Exposures to portland cement; or

(4) Where the employer has objective data demonstrating that a material containing chromium or a specific process, operation, or activity involving chromium cannot release dusts, fumes, or mists of chromium (VI) in concentrations at or above 0.5 μg/m3 as an 8-hour time-weighted average (TWA) under any expected conditions of use.

Note: Exposures to strontium chromate shall comply with the provisions of Section 5155 in addition to this standard.

(b) Definitions. For the purposes of this section the following definitions apply:

Action level means a concentration of airborne chromium (VI) of 2.5 micrograms per cubic meter of air (2.5 μg/m3) calculated as an 8-hour time-weighted average (TWA).

Chromium (VI) [hexavalent chromium or Cr(VI)] means chromium with a valence of positive six, in any form and in any compound.

Emergency means any occurrence that results, or is likely to result, in an uncontrolled release of chromium (VI). If an incidental release of chromium (VI) can be controlled at the time of release by employees in the immediate release area, or by maintenance personnel, it is not an emergency.

Employee exposure means the exposure to airborne chromium (VI) that would occur if the employee were not using a respirator.

High efficiency particulate air [HEPA] filter means a filter that is at least 99.97 percent efficient in removing mono dispersed particles of 0.3 micrometers in diameter or larger.

Historical monitoring data means data from chromium (VI) monitoring conducted prior to September 19, 2006, obtained during work operations conducted under workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.

Objective data means information such as air monitoring data from industry-wide surveys or calculations based on the composition or chemical and physical properties of a substance demonstrating the employee exposure to chromium (VI) associated with a particular product or material or a specific process, operation, or activity. The data must reflect workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.

Physician or other licensed health care professional [PLHCP] is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by subsection (i) of this section.

“This section” means this 1532.2 Chromium (VI) standard.

(c) Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of chromium (VI) in excess of 5 micrograms per cubic meter of air (5 μg/m3), calculated as an 8-hour time-weighted average (TWA).

(d) Exposure determination.

(1) General. Each employer who has a workplace or work operation covered by this section shall determine the 8-hour TWA exposure for each employee exposed to chromium (VI). This determination shall be made in accordance with either subsection (d)(2) or subsection (d)(3) of this section.

(2) Scheduled monitoring option.

(A) The employer shall perform initial monitoring to determine the 8-hour TWA exposure for each employee on the basis of a sufficient number of personal breathing zone air samples to accurately characterize full shift exposure on each shift, for each job classification, in each work area. Where an employer does representative sampling instead of sampling all employees in order to meet this requirement, the employer shall sample the employee(s) expected to have the highest chromium (VI) exposures.

(B) If initial monitoring indicates that employee exposures are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(C) If monitoring reveals employee exposures to be at or above the action level, the employer shall perform periodic monitoring at least every six months.

(D) If monitoring reveals employee exposures to be above the PEL, the employer shall perform periodic monitoring at least every three months.

(E) If periodic monitoring indicates that employee exposures are below the action level, and the result is confirmed by the result of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.

(F) The employer shall perform additional monitoring when there has been any change in the production process, raw materials, equipment, personnel, work practices, or control methods that may result in new or additional exposures to chromium (VI), or when the employer has any reason to believe that new or additional exposures have occurred.

(3) Performance-oriented option. The employer shall determine the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data, historical monitoring data, or objective data sufficient to accurately characterize employee exposure to chromium (VI).

(4) Employee notification of determination results.

(A) As soon as possible but not more than 5 working days after making an exposure determination in accordance with subsections (d)(2) or (d)(3), the employer shall either post the results in an appropriate location that is accessible to all affected employees or shall notify each affected employee individually in writing of the results.

(B) Whenever the exposure determination indicates that employee exposure is above the PEL, the employer shall describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL.

(5) Accuracy of measurement. Where air monitoring is performed to comply with the requirements of this section, the employer shall use a method of monitoring and analysis that can measure chromium (VI) to within an accuracy of plus or minus 25 percent (+/- 25%) and can produce accurate measurements to within a statistical confidence level of 95 percent for airborne concentrations at or above the action level.

(6) Observation of monitoring.

(A) Where air monitoring is performed to comply with the requirements of this section, the employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to chromium (VI).

(B) When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.

(e) Methods of compliance.

(1) Engineering and work practice controls.

(A) Except as permitted in subsection (e)(1)(B) of this section, the employer shall use engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) to or below the PEL unless the employer can demonstrate that such controls are not feasible. Wherever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall use them to reduce employee exposure to the lowest levels achievable, and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (f) of this section.

(B) Where the employer can demonstrate that a process or task does not result in any employee exposure to chromium (VI) above the PEL for 30 or more days per year (12 consecutive months), the requirement to implement engineering and work practice controls to achieve the PEL does not apply to that process or task.

(2) Prohibition of rotation. The employer shall not rotate employees to different jobs to achieve compliance with the PEL.

(f) Respiratory protection.

(1) General. The employer shall provide respiratory protection for employees during:

(A) Periods necessary to install or implement feasible engineering and work practice controls;

(B) Work operations, such as maintenance and repair activities, for which engineering and work practice controls are not feasible;

(C) Work operations for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL;

(D) Work operations where employees are exposed above the PEL for fewer than 30 days per year, and the employer has elected not to implement engineering and work practice controls to achieve the PEL; or

(E) Emergencies.

(2) Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with Section 5144.

(g) Protective work clothing and equipment.

(1) Provision and use. Where a hazard is present or is likely to be present from skin or eye contact with chromium (VI), the employer shall provide appropriate personal protective clothing and equipment at no cost to employees, and shall ensure that employees use such clothing and equipment.

(2) Removal and storage.

(A) The employer shall ensure that employees remove all protective clothing and equipment contaminated with chromium (VI) at the end of the work shift or at the completion of their tasks involving chromium (VI) exposure, whichever comes first.

(B) The employer shall ensure that no employee removes chromium (VI)-contaminated protective clothing or equipment from the workplace, except for those employees whose job it is to launder, clean, maintain, or dispose of such clothing or equipment.

(C) When contaminated protective clothing or equipment is removed for laundering, cleaning, maintenance, or disposal, the employer shall ensure that it is stored and transported in sealed, impermeable bags or other closed, impermeable containers.

(D) Bags or containers of contaminated protective clothing or equipment that are removed from change rooms for laundering, cleaning, maintenance, or disposal shall be labeled in accordance with the requirements of the Hazard Communication Standard, Section 5194.

(3) Cleaning and replacement.

(A) The employer shall clean, launder, repair and replace all protective clothing and equipment required by this section as needed to maintain its effectiveness.

(B) The employer shall prohibit the removal of chromium (VI) from protective clothing and equipment by blowing, shaking, or any other means that disperses chromium (VI) into the air or onto an employee's body.

(C) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with chromium (VI) of the potentially harmful effects of exposure to chromium (VI) and that the clothing and equipment should be laundered or cleaned in a manner that minimizes skin or eye contact with chromium (VI) and effectively prevents the release of airborne chromium (VI) in excess of the PEL.

(h) Hygiene areas and practices.

(1) General. Where protective clothing and equipment is required, the employer shall provide change rooms in conformance with Section 3367. Where skin contact with chromium (VI) occurs, the employer shall provide washing facilities in conformance with Section 1527. Eating and drinking areas provided by the employer shall be in conformance with Section 3368.

(2) Change rooms. The employer shall assure that change rooms are equipped with separate storage facilities for protective clothing and equipment and for street clothes, and that these facilities prevent cross-contamination.

(3) Washing facilities.

(A) The employer shall provide readily accessible washing facilities capable of removing chromium (VI) from the skin, and shall ensure that affected employees use these facilities when necessary.

(B) The employer shall ensure that employees who have skin contact with chromium (VI) wash their hands and faces at the end of the work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet.

(4) Eating and drinking areas.

(A) Whenever the employer allows employees to consume food or beverages at a worksite where chromium (VI) is present, the employer shall ensure that eating and drinking areas and surfaces are maintained as free as practicable of chromium (VI).

(B) The employer shall ensure that employees do not enter eating and drinking areas with protective work clothing or equipment unless surface chromium (VI) has been removed from the clothing and equipment by methods that do not disperse chromium (VI) into the air or onto an employee's body.

(5) Prohibited activities. The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in areas where skin or eye contact with chromium (VI) occurs; or carry the products associated with these activities, or store such products in these areas.

(i) Medical surveillance.

(1) General.

(A) The employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and place, for all employees:

1. Who are or may be occupationally exposed to chromium (VI) at or above the action level for 30 or more days a year;

2. Experiencing signs or symptoms of the adverse health effects associated with chromium (VI) exposure; or

3. Exposed in an emergency.

(B) The employer shall assure that all medical examinations and procedures required by this section are performed by or under the supervision of a PLHCP.

(2) Frequency. The employer shall provide a medical examination:

(A) Within 30 days after initial assignment, unless the employee has received a chromium (VI) related medical examination that meets the requirements of this subsection within the last twelve months;

(B) Annually;

(D) Whenever an employee shows signs or symptoms of the adverse health effects associated with chromium (VI) exposure;

(E) Within 30 days after exposure during an emergency which results in an uncontrolled release of chromium (VI); or

(F) At the termination of employment, unless the last examination that satisfied the requirements of subsection (i) of this section was less than six months prior to the date of termination.

(3) Contents of examination. A medical examination consists of:

(A) A medical and work history, with emphasis on: past, present, and anticipated future exposure to chromium (VI); any history of respiratory system dysfunction; any history of asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status and history;

(B) A physical examination of the skin and respiratory tract; and

(4) Information provided to the PLHCP. The employer shall ensure that the examining PLHCP has a copy of this standard, and shall provide the following information:

(A) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to chromium (VI);

(B) The employee's former, current, and anticipated levels of occupational exposure to chromium (VI);

(C) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used that equipment; and

(D) Information from records of employment-related medical examinations previously provided to the affected employee, currently within the control of the employer.

(5) PLHCP's written medical opinion.

(A) The employer shall obtain a written medical opinion from the PLHCP, within 30 days for each medical examination performed on each employee, which contains:

1. The PLHCP's opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to chromium (VI);

2. Any recommended limitations upon the employee's exposure to chromium (VI) or upon the use of personal protective equipment such as respirators;

3. A statement that the PLHCP has explained to the employee the results of the medical examination, including any medical conditions related to chromium (VI) exposure that require further evaluation or treatment, and any special provisions for use of protective clothing or equipment.

(B) The PLHCP shall not reveal to the employer specific findings or diagnoses unrelated to occupational exposure to chromium (VI).

(C) The employer shall provide a copy of the PLHCP's written medical opinion to the examined employee within two weeks after receiving it.

(j) Communication of chromium (VI) hazards to employees.

(1) General. In addition to the requirements of the Hazard Communication Standard, Section 5194, employers shall comply with the following requirements.

(2) Employee information and training.

(A) The employer shall ensure that each employee can demonstrate knowledge of at least the following:

1. The contents of this section; and

2. The purpose and a description of the medical surveillance program required by subsection (i) of this section.

(B) The employer shall make a copy of this section readily available without cost to all affected employees.

(k) Recordkeeping.

(1) Air monitoring data.

(A) The employer shall maintain an accurate record of all air monitoring conducted to comply with the requirements of this section.

(B) This record shall include at least the following information:

1. The date of measurement for each sample taken;

2. The operation involving exposure to chromium (VI) that is being monitored;

3. Sampling and analytical methods used and evidence of their accuracy;

4. Number, duration, and the results of samples taken;

5. Type of personal protective equipment, such as respirators worn; and

6. Name, social security number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.

(2) Historical monitoring data.

(A) Where the employer has relied on historical monitoring data to determine exposure to chromium (VI), the employer shall establish and maintain an accurate record of the historical monitoring data relied upon.

(B) The record shall include information that reflects the following conditions:

1. The data were collected using methods that meet the accuracy requirements of subsection (d)(5) of this section;

2. The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which exposure is being determined;

3. The characteristics of the chromium (VI) containing material being handled when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined;

4. Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; and

5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exception.

(C) The employer shall ensure that historical exposure records are maintained and made available in accordance with Section 3204.

(3) Objective data.

(A) The employer shall maintain an accurate record of all objective data relied upon to comply with the requirements of this section.

(B) This record shall include at least the following information:

1. The chromium containing material in question;

2. The source of the objective data;

3. The testing protocol and results of testing, or analysis of the material for the release of chromium (VI);

4. A description of the process, operation, or activity and how the data support the determination; and

5. Other data relevant to the process, operation, activity, material, or employee exposures.

(4) Medical surveillance.

(A) The employer shall establish and maintain an accurate record for each employee covered by medical surveillance under subsection (i) of this section.

(B) The record shall include the following information about the employee:

1. Name and social security number;

2. A copy of the PLHCP's written opinions;

3. A copy of the information provided to the PLHCP as required by subsection (i)(4) of this section.

(l) Dates.

(1) For employers with 20 or more employees, all obligations of this section, except engineering controls required by subsection (e) of this section, commence November 27, 2006.

(2) For employers with 19 or fewer employees, all obligations of this section, except engineering controls required by subsection (e) of this section, commence May 30, 2007.

(3) For all employers, engineering controls required by subsection (e) of this section shall be implemented no later than May 31, 2010.

(m) Reporting requirements. See Section 5203.

NOTE

Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.

HISTORY

1. New section filed 9-19-2006; operative 9-19-2006. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2006, No. 38).

2. New subsection (m) and amendment of Note filed 10-30-2007; operative 11-29-2007 (Register 2007, No. 44).

3. Amendment of subsection (d)(4)(A) filed 9-13-2010; operative 9-13-2010. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2010, No. 38).

§1533. Internal Combustion Engines.

Note • History

(a) Internal combustion engine-driven equipment shall be operated inside buildings or enclosed structures, or, if they are 20 feet or less in depth, inside shafts, culverts, pipelines or other excavations, only when such operation does not result in exposure to dangerous gases or fumes in concentrations above the maximum acceptable limits listed in Section 5155 of the General Industry Safety Orders. Some acceptable methods of control are:

(1) Piping exhaust gases to the outside atmosphere.

(2) Providing a system of building ventilation that dilutes and removes exhaust products to outside atmosphere.

(3) Installing effective, catalyst-type exhaust treatment units on the engines.

(b) When shafts, culverts, pipelines or other excavations are 20 feet or less in depth and when internal combustion engine-driven equipment is operated therein, a mechanical ventilation system shall be provided to prevent exposure to the internal combustion engine's emissions. The ventilation system, which may consist of a mechanical exhaust system, a forced air ventilation (blower) system or a combination of the two, shall:

(1) Supply fresh air at a minimum of 60 lineal feet per minute through the area where the engine is operated;

(2) Supply at least 100 cubic feet of fresh air per minute per engine brake horsepower of the internal combustion engine used;

(3) Supply a minimum of 200 cubic feet of fresh air per minute for each person that enters the space, and

(4) Be inspected by a competent person at the beginning of each shift, or more frequently, to ensure an effective supply of fresh air.

(c) If any work location subject to subsection (b) is subject to confined space safety orders contained in these orders, the General Industry Safety Orders or other Title 8 safety orders, and if the provisions of subsection (b) are less protective than a confined space safety order, the confined space safety order shall take precedence.

Note: For shafts greater than 20 feet in depth and excavations subject to the Tunnel Safety Orders, refer to Title 8, Division 1, Chapter 4, Subchapter 20, the Tunnel Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-13-84; effective thirtieth day thereafter (Register 84, No. 50).

2. Amendment of subsection (a) and new subsections (b)-(c) filed 5-1-2012; operative 5-31-2012 (Register 2012, No. 18).

§1534. Flammable Vapors.

Note • History

(a) Flammable vapors shall be controlled so as to avoid hazard to workers.

(b) No source of ignition such as smoking, gas pilot lights, or operating electrical equipment, other than explosion-proof or equivalent, shall be allowed in a room or building when hazardous concentrations of flammable vapors are present.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-13-84; effective thirtieth day thereafter (Register 84, No. 50).

§1535. Methylenedianiline.

Note • History

(a) Scope and application.

(1) This section applies to all construction work in which there is exposure to MDA, including but not limited to the following:

(A) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain MDA;

(B) Installation or the finishing of surfaces with products containing MDA;

(D) Transportation, disposal, storage, or containment of MDA or products containing MDA on the site or location at which construction activities are performed.

(2) Except as provided in subsections (a)(7) and (f)(5), this section does not apply to the processing, use, and handling of products containing MDA where initial monitoring indicates that the product is not capable of releasing MDA in excess of the action level under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no “dermal exposure to MDA” can occur.

(3) Except as provided in subsection (a)(7), this section does not apply to the processing, use, and handling of products containing MDA where objective data are reasonably relied upon which demonstrate the product is not capable of releasing MDA under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no “dermal exposure to MDA” can occur.

(4) Except as provided in subsection (a)(7), this section does not apply to the storage, transportation, distribution or sale of MDA in intact containers sealed in such a manner as to contain the MDA dusts, vapors, or liquids, except for the provisions of section 5194 and subsection (e)

(5) Except as provided in subsection (a)(7), this section does not apply to materials in any form which contain less than 0.1% MDA by weight or volume.

(6) Except as provided in subsection (a)(7), this section does not apply to “finished articles containing MDA.”

(7) Where products containing MDA are exempted under subsections (a)(2) through (a)(6), the employer shall maintain records of the initial monitoring results or objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in the recordkeeping provision of subsection (o).

(b) Definitions. For the purpose of this section, the following definitions shall apply:

Action level means a concentration of airborne MDA of 5 ppb as an eight (8)-hour time-weighted average.

Authorized person means any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under subsection (p), or any other person authorized by the Act or regulations issued under the Act.

Chief means the Chief of the Division of Occupational Safety and Health, or designee.

Container means any barrel, bottle, can, cylinder, drum, reaction vessel, storage tank, commercial packaging or the like, but does not include piping systems.

Decontamination area means an area outside of but as near as practical to the regulated area, consisting of an equipment storage area, wash area, and clean change area, which is used for the decontamination of workers, materials, and equipment contaminated with MDA.

Dermal exposure to MDA occurs where employees are engaged in the handling, application or use of mixtures or materials containing MDA, with any of the following non-airborne forms of MDA:

(A) Liquid, powdered, granular, or flaked mixtures containing MDA in concentrations greater than 0.1% by weight or volume; and

(B) Materials other than “finished articles” containing MDA in concentrations greater than 0.1% by weight or volume.

Employee exposure means exposure to MDA which would occur if the employee were not using respirators or protective work clothing and equipment.

Finished article containing MDA is defined as a manufactured item:

(A) Which is formed to a specific shape or design during manufacture;

(B) Which has end use function(s) dependent in whole or part upon its shape or design during end use; and

(C) Where applicable, is an item which is fully cured by virtue of having been subjected to the conditions (temperature and time) necessary to complete the desired chemical reaction.

Historical monitoring data means monitoring data for construction jobs that meet the following conditions:

(A) The data upon which judgments are based are scientifically sound and were collected using methods that are sufficiently accurate and precise;

(B) The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which initial monitoring will not be performed;

(C) The characteristics of the MDA-containing material being handled when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed;

(D) Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed; and

(E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exception are substantially similar. The data must be scientifically sound, the characteristics of the MDA containing material must be similar and the environmental conditions comparable.

4,4' Methylenedianiline or MDA means the chemical, 4,4'-diaminodiphenylmethane, Chemical Abstract Service Registry number 101-77-9 in the form of a vapor, liquid, or solid. The definition also includes the salts of MDA.

NIOSH means the director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.

Regulated areas means areas where airborne concentrations of MDA exceed or can reasonably be expected to exceed, the permissible exposure limits, or where “dermal exposure to MDA” can occur.

STEL means short term exposure limit as determined by any 15- minute sample period.

(c) Permissible exposure limits. The employer shall assure that no employee is exposed to an airborne concentration of MDA in excess of ten parts per billion (10 ppb) as an 8-hour time-weighted average and a STEL of one hundred parts per billion (100 ppb).

(d) Communication among employers. On multi-employer worksites, an employer performing work involving the application of MDA or materials containing MDA for which establishment of one or more regulated areas is required shall inform other employers on the site of the nature of the employer's work with MDA and of the existence of, and requirements pertaining to, regulated areas.

(e) Emergency situations.

(1) Written plan.

(A) A written plan for emergency situations shall be developed for each construction operation where there is a possibility of an emergency. The plan shall include procedures where the employer identifies emergency escape routes for his employees at each construction site before the construction operation begins. Appropriate portions of the plan shall be implemented in the event of an emergency.

(B) The plan shall specifically provide that employees engaged in correcting emergency conditions shall be equipped with the appropriate per--sonal protective equipment and clothing as required in subsections (i) and (j) until the emergency is abated.

(C) The plan shall specifically include provisions for alerting and evacuating affected employees as well as the applicable elements prescribed in section 3220.

(2) Alerting employees. Where there is the possibility of employee exposure to MDA due to an emergency means shall be developed to promptly alert employees who have the potential to be directly exposed. Affected employees not engaged in correcting emergency conditions shall be evacuated immediately in the event that an emergency occurs. Means shall also be developed for alerting other employees who may be exposed as a result of the emergency.

(f) Exposure monitoring.

(1) General.

(A) Determinations of employee exposure shall be made from breathing zone air samples that are representative of each employee's exposure to airborne MDA over an eight (8) hour period. Determination of employee exposure to the STEL shall be made from breathing zone air samples collected over a 15 minute sampling period.

(B) Representative employee exposure shall be determined on the basis of one or more samples representing full shift exposure for each shift for each job classification in each work area where exposure to MDA may occur.

(C) Where the employer can document that exposure levels are equivalent for similar operations in different work shifts, the employer shall only be required to determine representative employee exposure for that operation during one shift.

(2) Initial-monitoring. Each employer who has a workplace or work operation covered by this standard shall perform initial monitoring to determine accurately the airborne concentrations of MDA to which employees may be exposed unless:

(A) the employer can demonstrate, on the basis of objective data, that the MDA-containing product or material being handled cannot cause exposures above the standard's action level, even under worst-case release conditions; or

(B) the employer has historical monitoring or other data demonstrating that exposures on a particular job will be below the action level.

(3) Periodic monitoring and monitoring frequency.

(A) If the monitoring required by subsection (f)(2) reveals employee exposure at or above the action level, but at or below the PELs, the employer shall repeat such monitoring for each such employee at least every six (6) months.

(B) If the monitoring required by subsection(f)(2) reveals employee exposure above the PELs, the employer shall repeat such monitoring for each such employee at least every three (3) months.

(C) Employers who are conducting MDA operations within a regulated area can forego periodic monitoring if the employees are all wearing supplied-air respirators while working in the regulated area.

(D) The employer may alter the monitoring schedule from every three months to every six months for any employee for whom two consecutive measurements taken at least 7 days apart indicate that the employee exposure has decreased to below the PELs but above the action level.

(4) Termination of monitoring.

(A) If the initial monitoring required by subsection (f)(2) reveals employee exposure to be below the action level, the employer may discontinue the monitoring for that employee, except as otherwise required by subsection (f)(5).

(B) If the periodic monitoring required by subsection (f)(3) reveals that employee exposures, as indicated by at least two consecutive measurements taken at least 7 days apart, are below the action level the employer may discontinue the monitoring for that employee, except as otherwise required by subsection (f)(5).

(5) Additional monitoring. The employer shall institute the exposure monitoring required under subsections (f)(2) and (f)(3) when there has been a change in production process, chemicals present, control equipment, personnel, or work practices which may result in new or additional exposures to MDA, or when the employer has any reason to suspect a change which may result in new or additional exposures.

(6) Accuracy of monitoring. Monitoring shall be accurate, to a confidence level of 95 percent, to within plus or minus 25 percent for airborne concentrations of MDA.

(7) Employee notification of monitoring results.

(A) The employer shall, within 5 working days after the receipt of the results of any monitoring performed under this standard, notify each employee of these results, in writing, either individually or by posting of results in an appropriate location that is accessible to affected employees.

(B) The written notification required by subsection (f)(7)(A) shall contain the corrective action being taken by the employer or any other protective measures which have been implemented to reduce the employee exposure to or below the PELs, wherever the PELs are exceeded.

(8) Visual monitoring. The employer shall make routine inspections of employee hands, face and forearms potentially exposed to MDA. Other potential dermal exposures reported by the employee must be referred to the appropriate medical personnel for observation. If the employer determines that the employee has been exposed to MDA the employer shall:

(A) Determine the source of exposure;

(B) Implement protective measures to correct the hazard; and

(g) Regulated areas.

(1) Establishment.

(A) Airborne exposures. The employer shall establish regulated areas where airborne concentrations of MDA exceed or can reasonably be expected to exceed, the permissible exposure limits.

(B) Dermal exposures. Where employees are subject to “dermal exposure to MDA” the employer shall establish those work areas as regulated areas.

(2) Demarcation. Regulated areas shall be demarcated from the rest of the workplace in a manner that minimizes the number of persons potentially exposed.

(3) Access. Access to regulated areas shall be limited to authorized persons.

(4) Personal protective equipment and clothing. Each person entering a regulated area shall be supplied with, and required to use, the appropriate personal protective clothing and equipment in accordance with subsections (i) and (j).

(5) Prohibited activities. The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas.

(h) Methods of compliance.

(1) Engineering controls and work practices and respirators.

(A) The employer shall use one or any combination of the following control methods to achieve compliance with the permissible exposure limits prescribed by subsection (c):

1. Local exhaust ventilation equipped with HEPA filter dust collection systems;

2. General ventilation systems;

3. Use of work practices; or

4. Other engineering controls such as isolation and enclosure that the Chief can show to be feasible.

(B) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the PELs, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protective devices which comply with the requirements of subsection (i).

(2) Special Provisions. For workers engaged in spray application methods, respiratory protection must be used in addition to feasible engineering controls and work practices to reduce employee exposure to or below the PELs.

(3) Prohibitions. Compressed air shall not be used to remove MDA, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air.

(4) Employee rotation. The employer shall not use employee rotation as a means of compliance with the exposure limits prescribed in subsection (c).

(5) Compliance program.

(A) The employer shall establish and implement a written program to reduce employee exposure to or below the PELs by means of engineering and work practice controls, as required by subsection (h)(1), and by use of respiratory protection where permitted under this section.

(B) Upon request this written program shall be furnished for examination and copying to the Chief, NIOSH, affected employees and designated employee representatives. The employer shall review and, as necessary, update such plans at least once every 12 months to make certain they reflect the current status of the program.

(i) Respiratory protection.

(1) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

(A) Period necessary to install or implement feasible engineering and work practice controls;

(B) Work operations such as maintenance and repair activities and spray application processes for which engineering and work practice controls are not feasible;

(C) Work operations for which feasible engineering and work practice controls are not yet sufficient to reduce exposure to or below the PELs; and

(D) Emergencies.

(2) Respirator program. The employer must implement a respiratory protection program in accordance with section 5144(b) (except (d)(1)(C)) through (m).

(3) Respirator selection.

(A) The employer must select, and provide to employees, the appropriate respirators specified in Section 5144(d)(3)(A)1.

(B) An employee who cannot wear a negative pressure respirator shall be given the option of wearing a positive pressure respirator or a supplied-air respirator operated in the continuous flow or pressure demand mode.

(D) For escape, employers shall provide employees with one of the following respirator options: any self-contained breathing apparatus with a full facepiece or hood operated in the positive-pressure or continuous-flow mode; or a full facepiece air-purifying respirator.

(E) Employers shall provide a combination HEPA filter and organic vapor canister or cartridge with air-purifying respirators when MDA is in liquid form or used as part of a process requiring heat.

(j) Protective work clothing and equipment.

(1) Provision and use. Where employees are subject to dermal exposure to MDA, where liquids containing MDA can be splashed into the eyes, or where airborne concentrations of MDA are in excess of the PEL, the employer shall provide, at no cost to the employee, and ensure that the employee uses, appropriate protective work clothing and equipment which prevent contact with MDA such as, but not limited to:

(A) Aprons, coveralls or other full-body work clothing;

(B) Gloves, head coverings, and foot coverings; and

(D) Other appropriate protective equipment which comply with section 1516.

(2) Removal and storage.

(A) The employer shall ensure that, at the end of their work shift, employees remove MDA-contaminated protective work clothing and equipment that is not routinely removed throughout the day in change areas provided in accordance with the provisions in subsection (k).

(B) The employer shall ensure that, during their work shift, employees remove all other MDA-contaminated protective work clothing or equipment before leaving a regulated area.

(C) The employer shall ensure that no employee takes MDA-contaminated work clothing or equipment out of the decontamination areas, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.

(D) MDA-contaminated work clothing or equipment shall be placed and stored and transported in sealed, impermeable bags, or other closed impermeable containers.

(E) Containers of MDA-contaminated protective work clothing or equipment which are to be taken out of decontamination areas or the workplace for cleaning, maintenance, or disposal, shall bear labels warning of the hazards of MDA.

(3) Cleaning and replacement.

(A) The employer shall provide the employee with clean protective clothing and equipment. The employer shall ensure that protective work clothing or equipment required by this subsection is cleaned, laundered, repaired, or replaced at intervals appropriate to maintain its effectiveness.

(B) The employer shall prohibit the removal of MDA from protective work clothing or equipment by blowing, shaking, or any methods which allow MDA to re-enter the workplace.

(C) The employer shall ensure that laundering of MDA-contaminated clothing shall be done so as to prevent the release of MDA in the workplace.

(D) Any employer who gives MDA-contaminated clothing to another person for laundering shall inform such person of the requirement to prevent the release of MDA.

(E) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with MDA of the potentially harmful effects of exposure.

(4) Visual Examination.

(A) The employer shall ensure that employees' work clothing is examined periodically for rips or tears that may occur during performance of work.

(B) When rips or tears are detected, the protective equipment or clothing shall be repaired and replaced immediately.

(k) Hygiene facilities and practices.

(1) General.

(A) The employer shall provide decontamination areas for employees required to work in regulated areas or required by subsection (j)(1) to wear protective clothing. Exception: In lieu of the decontamination area requirement specified in subsection (k)(1)(A), the employer may permit employees engaged in small scale, short duration operations, to clean their protective clothing or dispose of the protective clothing before such employees leave the area where the work was performed.

(B) Change areas. The employer shall ensure that chance areas are equipped with separate storage facilities for protective clothing and street clothing, in accordance with section 3366(f).

(C) Equipment area. The equipment area shall be supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective clothing and equipment.

(2) Shower area.

(A) Where feasible, shower facilities shall be provided which comply with section 3366(f) wherever the possibility of employee exposure to airborne levels of MDA in excess of the permissible exposure limit exists.

(B) Where dermal exposure to MDA occurs, the employer shall ensure that materials spilled or deposited on the skin are removed as soon as possible by methods which do not facilitate the dermal absorption of MDA.

(3) Lunch Areas.

(A) Whenever food or beverages are consumed at the worksite and employees are exposed to MDA the employer shall provide clean lunch areas were MDA levels are below the action level and where no dermal exposure to MDA can occur.

(B) The employer shall ensure that employees wash their hands and faces with soap and water prior to eating, drinking, smoking, or applying cosmetics.

(C) The employer shall ensure that employees do not enter lunch facilities with contaminated protective work clothing or equipment.

(l) Communication of hazards to employees.

(1) Signs and labels.

(A) The employer shall post and maintain legible signs demarcating regulated areas and entrances or accessways to regulated areas that bear the following legend:

DANGER

MDA

MAY CAUSE CANCER

LIVER TOXIN

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING

MAY BE REQUIRED TO BE WORN IN THIS AREA

(B) The employer shall ensure that labels or other appropriate forms of warning are provided for containers of MDA within the workplace. The labels shall comply with the requirements of section 5194(f) and shall include one of the following legends:

1. For pure MDA:

DANGER

CONTAINS MDA

MAY CAUSE CANCER

LIVER TOXIN

2. For mixtures containing MDA:

DANGER

CONTAINS MDA

CONTAINS MATERIALS WHICH MAY CAUSE CANCER

LIVER TOXIN

(2) Material safety data sheets (MSDS). Employers shall obtain or develop, and shall provide access to their employees, to a material safety data sheet (MSDS) for MDA.

(3) Information and training.

(A) The employer shall provide employees with information and training on MDA, in accordance with section 5194(h), at the time of initial assignment and at least annually thereafter.

(B) In addition to the information required under section 5194 the employer shall:

1. Provide an explanation of the contents of this section, including appendices A and B, and indicate to employees where a copy of the standard is available;

2. Describe the medical surveillance program required under subsection (n), and explain the information contained in Appendix C of the section; and

3. Describe the medical removal provision required under subsection (n).

(4) Access to training materials.

(A) The employer shall make readily available to all affected employees, without cost, all written materials relating to the employee training program, including a copy of this regulation.

(B) The employer shall provide to the Chief and NIOSH, upon request, all information and training materials relating to the employee information and training program.

(m) Housekeeping.

(1) All surfaces shall be maintained as free as practicable of visible accumulations of MDA.

(2) The employer shall institute a program for detecting MDA leaks, spills, and discharges, including regular visual inspections of operations involving liquid or solid MDA.

(3) All leaks shall be repaired and liquid or dust spills cleaned up promptly.

(4) Surfaces contaminated with MDA may not be cleaned by the use of compressed air.

(5) Shoveling, dry sweeping, and other methods of dry clean-up of MDA may be used where HEPA filtered vacuuming and/or wet cleaning are not feasible or practical.

(6) Waste, scrap, debris, bags, containers, equipment, and clothing contaminated with MDA shall be collected and disposed of in a manner to prevent the re-entry of MDA into the workplace.

(n) Medical surveillance.

(1) General.

(A) The employer shall make available a medical surveillance program for employees exposed to MDA under the following circumstances:

1. Employees exposed at or above the action level for 30 or more days per year;

2. Employees who are subject to dermal exposure to MDA for 15 or more days per year;

3. Employees who have been exposed in an emergency situation;

4. Employees whom the employer, based on results from compliance with subsection (f)(8), has reason to believe are being dermally exposed; and

5. Employees who show signs or symptoms of MDA exposure.

(B) The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician at a reasonable time and place, and provided without cost to the employee.

(2) Initial examinations.

(A) Within 150 days of the effective date of this standard, or before the time of initial assignment, the employer shall provide each employee covered by subsection (n)(1)(A) with a medical examination including the following elements:

1. A detailed history which includes:

a. Past work exposure to MDA or any other toxic substances;

b. A history of drugs, alcohol, tobacco, and medication routinely taken (duration and quantity); and

c. A history of dermatitis, chemical skin sensitization, or previous hepatic disease.

2. A physical examination which includes all routine physical examination parameters, skin examination, and examination for signs of liver disease.

3. Laboratory tests including:

a. Liver function tests; and

b. Urinalysis.

4. Additional tests as necessary in the opinion of the physician.

(B) No initial medical examination is required if adequate records show that the employee has been examined in accordance with the requirements within the previous six months prior to the effective date of this standard or prior to the date of initial assignment.

(3) Periodic examinations.

(A) The employer shall provide each employee covered by this section with a medical examination at least annually following the initial examination. These periodic examinations shall include at least the following elements:

1. A brief history regarding any new exposure to potential liver toxins, changes in drug, tobacco, and alcohol intake, and the appearance of physical signs relating to the liver, and the skin;

2. The appropriate tests and examinations including liver function tests and skin examinations; and

3. Appropriate additional tests or examinations as deemed necessary by the physician.

(B) If in the physician's opinion the results of liver function tests indicate an abnormality, the employee shall be removed from further MDA exposure in accordance with subsection (n)(9). Repeat liver function tests shall be conducted on advice of the physician.

(4) Emergency examinations. If the employer determines that the employee has been exposed to a potentially hazardous amount of MDA in an emergency situation under subsection (e), the employer shall provide medical examinations in accordance with subsection (n)(3)(A) and (B). If the results of liver function testing indicate an abnormality, the employee shall be removed in accordance with subsection (n)(9). Repeat liver function tests shall be conducted on the advice of the physician. If the results of the tests are normal, tests must be repeated two to three weeks from the initial testing. If the results of the second set of tests are normal and on the advice of the physician, no additional testing is required.

(5) Additional examinations. Where the employee develops signs and symptoms associated with exposure to MDA, the employer shall provide the employee with an additional medical examination including liver function tests. Repeat liver function tests shall be conducted on the advice of the physician. If the results of the tests are normal, tests must be repeated two to three weeks from the initial testing. If the results of the second set of tests are normal and on the advice of the physician, no additional testing is required.

(6) Multiple physician review mechanism.

(A) If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, and the employee has signs or symptoms of occupational exposure to MDA (which could include an abnormal liver function test), and the employee disagrees with the opinion of the examining physician, and this opinion could affect the employee's job status the employee may designate an appropriate and mutually acceptable second physician:

1. To review any findings determinations or recommendations of the initial physician; and

2. To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

(B) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen (15) days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:

1. The employee informing the employer that he or she intends to seek a second medical opinion, and

2. The employee initiating steps to make an appointment with a second physician.

(D) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician:

1. To review any findings, determinations, or recommendations of the prior physicians; and

2. To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.

(E) The employer shall act consistent with the findings, determinations, and recommendations of the second physician, unless the employer and the employee reach a mutually acceptable agreement.

(7) Information provided to the examining physician.

(A) The employer shall provide the following information to the examining physician:

1. A copy of this regulation and its appendices;

2. A description of the affected employee's duties as they relate to the employee's potential exposure to MDA;

3. The employee's current actual or representative MDA exposure level;

4. A description of any personal protective equipment used or to be used; and

5. Information from previous employment related medical examinations of the affected employee.

(B) The employer shall provide the foregoing information to a second physician under this section upon request either by the second physician, or by the employee.

(8) Physician's written opinion.

(A) For each examination under this section, the employer shall obtain, and provide the employee with a copy of, the examining physician's written opinion within 15 days of its receipt. The written opinion shall include the following:

1. The occupationally pertinent results of the medical examination and tests;

2. The physician's opinion concerning whether the employee has any detected medical conditions which would place the employee at increased risk of material impairment of health from exposure to MDA;

3. The physician's recommended limitations upon the employee's exposure to MDA or upon the employee's use of protective clothing or equipment and respirators; and

4. A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions resulting from MDA exposure which require further explanation or treatment.

(B) The written opinion obtained by the employer shall not reveal specific findings or diagnoses unrelated to occupational exposures.

(9) Medical removal.

(A) Temporary medical removal of an employee.

1. Temporary removal resulting from occupational exposure. The employee shall be removed from work environments in which exposure to MDA is at or above the action level or where dermal exposure to MDA may occur, following an initial examination (subsection (n)(2)) periodic examinations (subsection (n)(3)), an emergency situation (subsection (n)(4), or an additional examination (subsection (n)(5)) in the following circumstances:

a. When the employee exhibits signs and/or symptoms indicative of acute exposure to MDA; or

b. When the examining physician determines that an employee's abnormal liver function tests are not associated with MDA exposure but that the abnormalities may be exacerbated as a result of occupational exposure to MDA.

2. Temporary removal due to a final medical determination.

a. The employer shall remove an employee from work having an exposure to MDA at or above the action level or where the potential for dermal exposure exists on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to MDA.

b. For the purposes of this section, the phrase “final medical determination” shall mean the outcome of the physician review mechanism used pursuant to the medical surveillance provisions of this section.

c. Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to MDA, the employer shall implement and act consistent with the recommendation.

(B) Return of the employee to former job status.

1. The employer shall return an employee to his or her former job status:

a. When the employee no longer shows signs or symptoms of exposure to MDA, or upon the advice of the physician.

b. When a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to MDA.

2. For the purposes of this section, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or could have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

(C) Removal of other employee special protective measure or limitations. The employer shall remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.

(D) Employer options pending a final medical determination. Where the physician review mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows:

1. Removal. The employer may remove the employee from exposure to MDA, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of the physician who has reviewed the employee's health status.

2. Return. The employer may return the employee to his or her former job status, and end any special protective measures provided to the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions:

a. If the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician; or

b. The employee has been on removal status for the preceding six months as a result of exposure to MDA, then the employer shall await a final medical determination.

(E) Medical removal protection benefits.

1. Provisions of medical removal protection benefits. The employer shall provide to an employee up to six (6) months of medical removal protection benefits on each occasion that an employee is removed from exposure to MDA or otherwise limited pursuant to this section.

2. Definition of medical removal protection benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer shall maintain the earnings, seniority, and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to MDA or otherwise limited.

3. Follow-up medical surveillance during the period of employee removal or limitations. During the period of time that an employee is removed from normal exposure to MDA or otherwise limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.

4. Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for a MDA-related disability, then the employer shall continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation shall be reduced by such amount. The employer shall receive no credit for workers' compensation payments received by the employee for treatment-related expenses.

5. Other credits. The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or receives income from employment with any employer made possible by virtue of the employee's removal.

6. Employees who do not recover within the 6 months of removal. The employer shall take the following measures with respect to any employee removed from exposure to MDA:

a. The employer shall make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee;

b. The employer shall assure that the final medical determination obtained indicates whether or not the employee may be returned to his or her former job status, and, if not, what steps should be taken to protect the employee's health;

c. Where the final medical determination has not yet been obtained, or once obtained indicates that the employee may not yet be returned to his or her former job status the employer shall continue to provide medical removal protection benefits to the employee until either the employee is returned to former job status, or a final medical determination is made that the employee is incapable of ever safely returning to his or her former job status; and

d. Where the employer acts pursuant to a final medical determination which permits the return of the employee to his or her former job status despite what would otherwise be an unacceptable liver function test, later questions concerning removing the employee again shall be decided by a final medical determination. The employer need not automatically remove such an employee pursuant to the MDA removal criteria provided by this section.

(F) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to MDA or otherwise places limitations on an employee due to the effects of MDA exposure on the employee's medical condition, the employer shall provide medical removal protection benefits to the employee equal to that required by subsection (n)(9)(E).

(o) Recordkeeping.

(1) Objective data for exempted operations.

(A) Where the employer has relied on objective data that demonstrate that products made from or containing MDA are not capable of releasing MDA or do not present a dermal exposure problem under the expected conditions of processing, use, or handling to exempt such operations from the initial monitoring requirements under subsection (f)(2), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.

(B) The record shall include at least the following information:

1. The product qualifying for exemption;

2. The source of the objective data;

3. The testing protocol, results of testing, and/or analysis of the material for the release of MDA;

4. A description of the operation exempted and how the data support the exemption; and

5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.

(2) Historical monitoring data.

(A) Where the employer has relied on historical monitoring data that demonstrate that exposures on a particular job will be below the action level to exempt such operations from the initial monitoring requirements under subsection (f)(2), the employer shall establish and maintain an accurate record of historical monitoring data reasonably relied upon in support of the exception.

(B) The record shall include information that reflect the following conditions:

1. The data upon which judgments are based are scientifically sound and were collected using methods that are sufficiently accurate and precise;

2. The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which initial monitoring will not be performed;

3. The characteristics of the MDA-containing material being handled when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed;

4. Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed; and

5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exception.

(C) The employer shall maintain this record for the duration of the employer's reliance upon such historical monitoring data.

(3) The employer may utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.

(4) Exposure measurements.

(A) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to MDA.

(B) This record shall include at least the following information:

1. The date of measurement;

2. The operation involving exposure to MDA;

3. Sampling and analytical methods used and evidence of their accuracy:

4. Number, duration, and results of samples taken;

5. Type of protective devices worn, if any; and

6. Name, social security number, and exposure of the employees whose exposures are represented.

(5) Medical surveillance.

(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by subsection (n), in accordance with section 3204.

(B) The record shall include at least the following information:

1. The name and social security number of the employee:

2. A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations;

3. Physician's written opinions;

4. Any employee medical complaints related to exposure to MDA; and

5. A copy of the information provided to the physician as required by subsection (n).

(C) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with section 3204.

(D) A copy of the employee's medical removal and return to work status.

(6) Training records. The employer shall maintain all employee training records for one (1) year beyond the last date of employment.

(7) Availability.

(A) The employer, upon written request, shall make all records required to be maintained by this section available to the Chief and NIOSH for examination and copying.

(B) The employer, upon request, shall make any exposure records required by subsections (f) and (n) available for examination and copying to affected employees, former employees, designated representatives, and the Chief, in accordance with section 3204, (a)-(e) and (g)-(i).

(C) The employer, upon request, shall make employee medical records required by subsections (n) and (o) available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Chief, in accordance with section 3204.

(8) Transfer of records.

(A) The employer shall comply with the requirements concerning transfer of records set forth in section 3204(h).

(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify NIOSH at least 90 days prior to disposal and, upon request, transmit them to NIOSH.

(p) Observation of monitoring.

(1) Employee observation. The employer shall provide affected employees, or their designated representatives, an opportunity to observe the measuring or monitoring of employee exposure to MDA conducted pursuant to subsection (f).

(2) Observation procedures. When observation of the measuring or monitoring of employee exposure to MDA requires entry into areas where the use of protective clothing and equipment or respirators is required, the employer shall provide the observer with personal protective clothing and equipment or respirators required to be worn by employees working in the area, assure the use of such clothing and equipment or respirators, and require the observer to comply with all other applicable safety and health procedures.

(q) Reporting requirements. See section 5203.

(r) Appendices. The information contained in Appendices A, B, C and D to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation. The protocols for respiratory fit testing in Appendix E are mandatory.

(s) Dates. All obligations related to meeting the PEL for MDA in section 5155 remain in effect until replaced by the more specific requirements of this section on its effective date or on the following dates:

(1) Initial monitoring under subsection (f)(2) shall be completed as soon as possible but no later than 90 days from the effective date of this section.

(2) Medical examinations under subsection (n) shall be completed as soon as possible but no later than 150 days from the effective date of this section.

(3) Emergency plans required by subsection (e) shall be provided and available for inspection and copying as soon as possible but no later than 120 days from the effective date of this section.

(4) Initial training and education shall be completed as soon as possible but no later than 120 days from the effective date of this section.

(5) Decontamination and lunch areas under subsection (k) shall be in operation as soon as possible but no later than 1 year from the effective date of this section.

(6) Respiratory Protection required by subsection (i) shall be provided as soon as possible but no later than 120 days from the effective date of this section.

(7) Written compliance plans required by subsection (h)(5) shall be completed and available for inspection and copying as soon as possible but no later than 120 days from the effective date of this section.

(8) The permissible exposure limits in subsection (c) 120 days from the effective date of this section.

(9) Engineering controls needed to achieve the PELs must be in place 1 year from the effective date of this section.

(10) Personal protective clothing required by subsection (j) shall be available 120 days from the effective date of this section.

NOTE

Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.

HISTORY

1. New section filed 3-3-93; operative 4-2-93 (Register 93, No. 11). For prior history, see Register 84, No. 50.

2. Editorial corrections (Register 95, No. 41).

3. Change without regulatory effect, repealing appendices A-E and adding internal cross-references, filed 9-30-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 40).

4. Amendment of former subsections (i)(1)-(i)(5)(B) including subsection renumbering and relettering resulting in newly designated subsections (i)(1)-(i)(3)(B), and amendment of editorial reference following appendix E heading filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

5. Amendment of subsection (q) and repealer of subsections (q)(1)-(3) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).

6. Amendment of subsection (i)(2) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).

7. Amendment of subsection (f)(7)(A) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).

8. Amendment of subsections (i)(3)(A)-(B) and new subsections (i)(3)(C)-(E) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).

Appendix A to Section 1535 Substance Data Sheet for 4-4'-Methylenedianiline

Refer to section 5200, Appendix A.

Appendix B to Section 1535--Substance Technical Guidelines for MDA

Refer to section 5200, Appendix B.

Appendix C to Section 1535--Medical Surveillance Guidelines for MDA

Refer to section 5200, Appendix C.

Appendix D to Section 1535--Sampling and Analytical Methods for MDA Monitoring and Measurement Procedures

Refer to section 5200, Appendix D.

Appendix E to Section 1535--Qualitative and Quantitative Fit Testing Procedures

[See Section 5144, Appendix A]

§1536. Ventilation Requirements for Welding, Brazing, and Cutting.

Note • History

(a) Mechanical Ventilation for Indoor Operations. Local exhaust systems providing a minimum air velocity of 100 lineal feet per minute in the welding zone shall be used except as otherwise specified by this section.

(1) Where local exhaust ventilation is not feasible, mechanical dilution ventilation sufficient to prevent exposure to concentrations of airborne contaminants from exceeding those specified in Section 5155 shall be provided.

(2) Respiratory protective equipment, in accordance with Section 1531, shall be used when the methods described in paragraphs (a) and (a)(1) above are not feasible.

(b) Toxic Substances Used in Any Enclosed Space.

(1) Local exhaust ventilation shall be used when potentially hazardous materials are employed as base metals, fluxes, coatings, platings or filler metals. These include, but are not limited to, the following materials:

(A) Beryllium (E) Lead

(B) Cadmium (F) Mercury

(D) Fluorides (H) Inert-gas metal-arc

welding or oxygen cutting of

stainless steel

(2) When the nature of the work is such that local exhaust ventilation is not an effective means for preventing potentially hazardous exposure levels, as specified by Section 5155, supplied-air respirators shall be worn.

(c) Toxic Substances Used in the Open Air. Where toxic substances such as those listed in paragraph (b)(1) are used, respiratory protective equipment, in accordance with Section 1531, shall be provided except as otherwise specified by this subsection.

(1) In operations involving beryllium-containing base or filler metals, only supplied-air respirators shall be used.

(2) Except for operations involving beryllium, cadmium, lead, or mercury, respiratory protective equipment is not required when natural or mechanical ventilation is sufficient to remove welding fumes from the breathing zone of the workers.

(d) Improper Use of Welding Gases. Compressed gases used for welding and cutting shall not be used for ventilation purposes, comfort cooling, blowing dust from clothing, or cleaning the work area.

(e) Chlorinated Hydrocarbons. Degreasing or other operations involving chlorinated hydrocarbons shall be located or controlled such that vapors from these operations will not enter the atmosphere surrounding any welding or cutting operations to prevent the degradation of such chlorinated hydrocarbon vapors to more highly toxic gases by the action of heat or ultraviolet radiation.

(f) Precautionary Labels. Hazardous materials used in welding and cutting shall bear precautionary labels as required by Section 5150 of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-18-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 12-13-84; effective thirtieth day thereafter (Register 84, No. 50).

§1537. Welding, Cutting, and Heating of Coated Metals.

Note • History

(a) Before welding, cutting, or heating is commenced on any surface covered by a preservative coating of unknown flammability, a test shall be made by a qualified person to determine its flammability.

(b) Precautions shall be taken to prevent ignition of highly flammable hardened preservative coatings. When coatings are determined to be highly flammable, they shall be stripped from the area to be heated to prevent ignition.

(c) All surfaces covered with toxic preservatives, including coatings which generate toxic substances upon heating, shall be stripped for a distance of at least four inches from the area of heat application, or employees shall be required to use supplied-air respirators in accordance with Section 1531, or the provisions of Section 1536(b), (c) shall apply.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-18-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment of NOTE filed 12-13-84; effective thirtieth day thereafter (Register 84, No. 50).

Article 5. Rock Drilling

§1538. Rock Drilling Operations.

Note • History

(a) When drilling holes in rock, or other dust-producing material, the dust shall be controlled within the maximum acceptable concentrations set forth in Section 5208 (asbestos) and Section 5155 (silica and silicates) of the General Industry Safety Orders. Respiratory protection may be acceptable; refer to Article 4, Sections 1530 and 1531.

(b) All power controlled air drilling shall be performed by use of water or chemical solutions for controlling dust, or other equivalent means.

(c) The ends and each joint of air hoses 1 inch inside diameter or larger shall be chained or secured, as necessary, to prevent whipping in the event of a disconnected hose unless a suitable ball check device or equivalent is provided at the air source.

(d) Air pipe lines shall be protected against accidental impact from vehicles and falling objects at points where breakage of lines would constitute a hazard to employees.

(e) Iron or steel hammers used for removing detachable bits shall be malleable or annealed, so that they will not readily chip or break while being used.

(f) Tugger and anchor lines shall be provided for securing drilling equipment on steep slopes.

(g) Workers shall be provided with, and required to use, personal fall protection as described in Article 24 for all scaling and drilling operations performed on steep slopes. A positive descent control device shall be used for all such applications.

Note: See Section 1565(i) for regulation on drilling and loading in the same area. See Section 1696 for requirement for portable compressors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

2. Amendment of subsections (c) and (g) filed 8-13-84; effective thirtieth day thereafter (Register 84, No. 33).

3. Amendment of subsection (g) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

Article 6. Excavations

§1539. Permits.

Note • History

For regulations relating to Permits for excavations and trenches, refer to the California Code of Regulations Title 8, Chapter 3.2, Article 2, Section 341 of the California Occupational Safety and Health Regulations (Cal/OSHA).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-21-72; effective thirtieth day thereafter (Register 72, No. 26).

2. Repealer and new section filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

3. Certificate of Compliance filed 11-22-74 (Register 74, No. 48).

4. Certificate of Compliance refiled 11-27-74 (Register 74, No. 48).

5. Repealer and new section filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

6. Amendment of article heading and section filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

§1540. Excavations.

Note • History

(a) Scope and application. This article applies to all open excavations made in the earth's surface. Excavations are defined to include trenches.

(b) Definitions applicable to this article.

Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer.

Aluminum hydraulic shoring. A pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (walers). Such system is designed specifically to support the sidewalls of an excavation and prevent cave-ins.

Bell-bottom pier hole. A type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape.

Benching (Benching system). A method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels.

Cave-in. The separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a peron.

Crossbraces. The horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales.

Excavation. Any man-made cut, cavity, trench, or depression in an earth surface, formed by earth removal.

Faces or sides. The vertical or inclined earth surfaces formed as a result of excavation work.

Failure. The breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities.

Hazardous atmosphere. An atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury.

Kickout. The accidental release or failure of a cross brace.

Protective system. A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection.

Ramp. An inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood.

Registered professional engineer. A person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a “registered professional engineer” within the meaning of this standard when approving designs for “manufactured protective systems” or “tabulated data” to be used in interstate commerce.

Sheeting. The members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system.

Shield (Shield system). A structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job-built in accordance with Section 1541.1(c)(3) or (c)(4). Shields used in trenches are usually referred to as “trench boxes” or “trench shields.”

Shoring (Shoring system). A structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins.

Sides. See “Faces.”

Sloping (Sloping system). A method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away form the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads.

Stable rock. Natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving-in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer.

Structural ramp. A ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps.

Support system. A structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation.

Tabulated data. Tables and charts approved by a registered professional engineer and used to design and construct a protective system.

Trench (Trench excavation). A narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet or less, (measured at the bottom of the excavation), the excavation is also considered to be a trench.

Trench box. See “Shield.”

Trench shield. See “Shield.”

Uprights. The vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called “sheeting.”

Wales. Horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35). For prior history, see Register 75, No. 21.

2. Amendment of subsection (b)(3) filed 11-18-83; effective thirtieth day thereafter (Register 83, No. 47).

3. Amendment of subsections (b)(2) and (b)(3) filed 5-1-87; operative 5-31-87 (Register 87, No. 19).

4. Repealer and new section filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

§1541. General Requirements.

Note • History

(a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees.

(b) Subsurface installations.

(1) The approximate location of subsurface installations, such as sewer, telephone, fuel, electric, water lines, or any other subsurface installations that reasonably may be expected to be encountered during excavation work, shall be determined by the excavator prior to opening an excavation.

(A) Excavation shall not commence until:

1. The excavation area has been marked as specified in Government Code Section 4216.2 by the excavator; and

2. The excavator has received a positive response from all known owner/operators of subsurface installations within the boundaries of the proposed project; those responses confirm that the owner/operators have located their installations, and those responses either advise the excavator of those locations or advise the excavator that the owner/operator does not operate a subsurface installation that would be affected by the proposed excavation.

(B) When the excavation is proposed within 10 feet of a high priority subsurface installation, the excavator shall be notified by the facility owner/operator of the existence of the high priority subsurface installation before the legal excavation start date and time in accordance with Government Code Section 4216.2(a), and an onsite meeting involving the excavator and the subsurface installation owner/operator's representative shall be scheduled by the excavator and the owner/operator at a mutually agreed on time to determine the action or activities required to verify the location of such installations. High priority subsurface installations are high pressure natural gas pipelines with normal operating pressures greater than 415 kPA gauge (60 p.s.i.g.), petroleum pipelines, pressurized sewage pipelines, conductors or cables that have a potential to ground of 60,000 volts or more, or hazardous materials pipelines that are potentially hazardous to employees, or the public, if damaged.

(C) Only qualified persons shall perform subsurface installation locating activities, and all such activities shall be performed in accordance with this section and Government Code Sections 4216 through 4216.9. Persons who complete a training program in accordance with the requirements of Section 1509, Injury and Illness Prevention Program (IIPP), that meets the minimum training guidelines and practices of the Common Ground Alliance (CGA) Best Practices, Version 3.0, published March 2006, or the standards of the National Utility Locating Contractors Association (NULCA), Standard 101: Professional Competence Standards for Locating Technicians, 2001, First Edition, which are incorporated by reference, shall be deemed qualified for the purpose of this section.

(D) Employees who are involved in the excavation operation and exposed to excavation operation hazards shall be trained in the excavator notification and excavation practices required by this section and Government Code Sections 4216 through 4216.9.

(2) All Regional Notification Centers as defined by Government Code Section 4216(j) in the area involved and all known owners of subsurface facilities in the area who are not members of a Notification Center shall be advised of the proposed work at least 2 working days prior to the start of any digging or excavation work. EXCEPTION: Repair work to subsurface facilities done in response to an emergency as defined in Government Code Section 4216(d).

(3) When excavation or boring operations approach the approximate location of subsurface installations, the exact location of the installations shall be determined by safe and acceptable means that will prevent damage to the subsurface installation, as provided by Government Code Section 4216.4.

(4) While the excavation is open, subsurface installations shall be protected, supported, or removed as necessary to safeguard employees.

(5) An excavator discovering or causing damages to a subsurface installation shall immediately notify the facility owner/operator or contact the Regional Notification Center to obtain subsurface installation operator contact information immediately after which the excavator shall notify the facility operator. All breaks, leaks, nicks, dents, gouges, grooves, or other damages to an installation's lines, conduits, coatings or cathodic protection shall be reported to the subsurface installation operator. If damage to a high priority subsurface installation results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health or property, the excavator responsible shall immediately notify 911, or if 911 is unavailable, the appropriate emergency response personnel having jurisdiction. The facility owner/operator shall also be contacted.

Note: The terms excavator and operator as used in Section 1541(b) shall be as defined in Government Code Section 4216(c) and (h) respectively. The term “owner/operator” means an operator as the term “operator” is defined in Government Code Section 4216(h).

(1) Structural ramps.

(A) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be constructed in accordance with the design.

(B) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement.

(D) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping.

(E) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments to the top surface to prevent slipping.

(2) Means of egress from trench excavations.

A stairway, ladder, ramp or other safe means of egress shall be located in trench excavations that are 4 feet or more in depth so as to require no more than 25 feet of lateral travel for employees.

(d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high-visibility material.

(e) Exposure to falling loads. No employee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be required to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with Section 1591(e), to provide adequate protection for the operator during loading and unloading operations.

(f) Warning system for mobile equipment. When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the excavation.

(g) Hazardous atmospheres.

(1) Testing and controls. In addition to the requirements set forth in the Construction Safety Orders and the General Industry Safety Orders to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements shall apply:

(A) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet in depth.

(B) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions include providing proper respiratory protection or ventilation.

(C) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 20 percent of the lower flammable limit of the gas.

(D) When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe.

(2) Emergency rescue equipment.

(A) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment shall be attended when in use.

(B) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a lifeline securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all times while the employee wearing the lifeline is in the excavation.

(3) Whenever internal combustion engine-driven equipment is operated inside a shaft subject to Section 1542 of these Orders, a ventilation system shall be provided and operated in accordance with Sections 1530 and 1533(b) of these Orders.

Note: For shafts greater than 20 feet in depth and excavations unrelated to the Construction Safety Orders, refer to Title 8, Division 1, Chapter 4, Subchapter 20, the Tunnel Safety Orders.

(h) Protection from hazards associated with water accumulation.

(1) Employees shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline.

(2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation.

(3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with Sections 1541 (h)(1) and (h)(2).

(i) Stability of adjacent structures.

(1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees.

(2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when:

(A) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or

(B) The excavation is in stable rock; or

(C) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees.

(3) Sidewalks, pavements and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures.

(j) Protection of employees from loose rock or soil.

(1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and contain falling material; or other means that provide equivalent protection.

(2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary.

(k) Inspection.

(1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rain storm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.

(2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.

l Fall protection.

(1) Where employees or equipment are required or permitted to cross over excavations over 6-feet in depth and wider than 30 inches, walkways or bridges with standard guardrails shall be provided.

(2) Adequate barrier physical protection shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or covered. Upon completion of exploration and other similar operations, temporary wells, pits, shafts, etc., shall be backfilled.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 4216, Government Code.

HISTORY

1. Repealer and new section filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35). For prior history, see Registers 75, No. 21; 74, No. 35; and 74, No. 17.

2. Repealer and new section filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

3. Change without regulatory effect amending subsection (h)(3) filed 10-22-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 43).

4. Amendment of subsections (c)(2) and (l)(1) filed 1-24-94; operative 2-23-94 (Register 94, No. 4).

5. Change without regulatory effect amending subsection (b)(2) filed 2-10-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).

6. Editorial correction restoring amendment to subsection (l)(7) (Register 94, No. 16).

7. Change without regulatory effect amending subsection (l)(1) filed 11-3-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 45).

8. Amendment of subsections (b)-(b)(1) and (b)(2)-(4) and new subsections (b)(1)(A)-(D) and (b)(5) filed 3-1-2007; operative 3-31-2007 (Register 2007, No. 9).

9. New subsection (g)(3) filed 5-1-2012; operative 5-31-2012 (Register 2012, No. 18).

§1541.1. Requirements for Protective Systems.

Note • History

(a) Protection of employees in excavations.

(1) Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with Section 1541.1(b) or (c) except when:

(A) Excavations are made entirely in stable rock; or

(B) Excavations are less than 5 feet in depth and examination of the ground by a competent person provides no indication of a potential cave-in.

(2) Protective systems shall have the capacity to resist without failure all loads that are intended or could reasonably be expected to be applied or transmitted to the system.

(b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of Section 1541.1(b)(1), Section 1541.1(b)(2), Section 1541.1(b)(3), or Section 1541.1(b)(4), as follows:

(1) Option (1) --Allowable configurations and slopes.

(A) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below.

(B) Slopes specified in Section 1541.1(b)(1)(A) shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this article.

(2) Option (2) --Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in Appendices A and B to this article.

(3) Option (3) --Designs using other tabulated data.

(A) Designs of sloping or benching systems shall be selected from and be in accordance with tabulated data, such as tables and charts.

(B) The tabulated data shall be in written form and shall include all of the following:

1. Identification of the parameters that affect the selection of a sloping or benching system drawn from such data;

2. Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe;

3. Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.

4. At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Division upon request.

(4) Option (4) --Design by a registered professional engineer.

(A) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under Section 1541.1(b) shall be stamped and signed by a registered professional engineer.

(B) Designs shall be in written form and shall include at least the following:

1. The magnitude of the slopes that were determined to be safe for the particular project;

2. The configurations that were determined to be safe for the particular project;

3. The identity of the registered professional engineer approving the design.

(C) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Division upon request.

(c) Design of support systems, shield systems, and other protective systems. Designs of support systems, shield systems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of Section 1541.1(c)(1); or, in the alternative, Section 1541.1(c)(2); or, in the alternative, Section 1541.1(c)(3); or, in the alternative, Section 1541.1(c)(4) as follows:

(1) Option (1) --Designs using Appendices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in Appendices A and C to this article. Designs for aluminum hydraulic shoring shall be in accordance with Section 1541.1(c)(2), but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with Appendix D.

(2) Option (2) --Designs Using Manufacturer's Tabulated Data.

(A) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the manufacturer.

(B) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues specific written approval.

(C) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Division upon request.

(3) Option (3) --Designs using other tabulated data.

(A) Designs of support systems, shield systems, or other protective systems shall be selected from and be in accordance with tabulated data, such as tables and charts.

(B) The tabulated data shall be in written form and include all of the following:

1. Identification of the parameters that affect the selection of a protective system drawn from such data;

2. Identification of the limits of use of the data;

3. Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.

(C) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Division upon request.

(4) Option (4) --Design by a registered professional engineer.

(A) Support systems, shield systems, and other protective systems not utilizing Option 1, Option 2, or Option 3, above, shall be approved by a registered professional engineer.

(B) Designs shall be in written form and shall include the following:

1. A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and

2. The identity of the registered professional engineer approving the design.

(C) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Division upon request.

(d) Materials and equipment.

(1) Materials and equipment used for protective systems shall be free from damage or defects that might impair their proper function.

(2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee exposure to hazards.

(3) When material or equipment that is used for protective systems is damaged, a competent person shall examine the material or equipment and evaluate its suitability for continued use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service.

(e) Installation and removal of supports.

(1) General.

(A) Members of support systems shall be securely connected together to prevent sliding, falling, kickouts, or other predictable failure.

(B) Support systems shall be installed and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system.

(C) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand.

(D) Before temporary removal of individual members begins, additional precautions shall be taken to ensure the safety of employees, such as installing other structural members to carry the loads imposed on the support system.

(E) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be released slowly so as to note any indication of possible failure of the remaining members of the structure or possible cave-in of the sides of the excavation.

(F) Backfilling shall progress together with the removal of support systems from excavations.

(2) Additional requirements for support systems for trench excavations.

(A) Excavation of material to a level no greater than 2 feet below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system.

(B) Installation of a support system shall be closely coordinated with the excavation of trenches.

(f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment.

(g) Shield systems.

(1) General.

(A) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand.

(B) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads.

(D) Employees shall not be allowed in shields when shields are being installed, removed, or moved vertically.

(2) Additional requirements for shield systems used in trench excavations. The sides of the shield shall extend a minimum of 18 inches above the vertical walls of compound excavations as shown in Appendix B, figures B-1, B-1.2 and B-1.3. On vertically cut trenches, the shield shall extend to at least the catch point of the trench. Excavations of earth material to a level not greater than 2 feet below the bottom of a shield shall be permitted, but only if the shield is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield.

(h) Uprights shall extend to the top of the trench with the lower end of the upright not more than 2 feet from the bottom of the trench.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section including Appendices A-F filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

2. Change without regulatory effect amending Appendix B, subsection (c)(3)(C) filed 6-29-92; operative 7-29-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 27).

3. Change without regulatory effect amending Appendix A, subsection (b), Soil classification system filed 10-22-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 43).

4. Change without regulatory effect amending subsection (b)(1)(B) filed 12-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51).

5. Editorial correction restoring subsection (g)(1)(A) (Register 97, No. 6).

6. Amendment of subsections (b) and (b)(4)(A), new subsection (g)(1)(A), and amendment of subsection (g)(2) filed 3-5-97; operative 4-4-97 (Register 97, No. 10).

7. New subsection (h) and amendment of Appendix D, subsection (g)(7) filed 4-9-2001; operative 5-9-2001 (Register 2001, No. 15).

8. Change without regulatory effect clarifying graphics in Appendices B and E filed 7-14-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 29).

9. Editorial correction of Appendix A, subsection (d)(1)(B) (Register 2010, No. 34).

10. Editorial correction of Appendix A, subsection (d)(2)(E)2. (Register 2010, No. 50).

11. Change without regulatory effect amending Appendix A, subsection (d)(2)(B) filed 12-12-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 50).

Appendix A

Soil Classification

(a) Scope and application.

(1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and environmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth requirements, and describes acceptable visual and manual tests for use in classifying soils.

(2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in Section 1541.1(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for excavations is designed as a method of protection from cave-ins in accordance with Appendix C to this article, and when aluminum hydraulic shoring is designed in accordance with Appendix D. This appendix also applies if other protective systems are designed and selected for use from data prepared in accordance with the requirements set forth in Section 1541.1(c), and the use of the data is predicated on the use of the soil classification system set forth in this appendix.

(b) Definitions.

Cemented soil. A soil in which the particles are held together by a chemical agent, such a calcium carbonate, such that a hand-size sample cannot be crushed into powder or individual soil particles by finger pressure.

Cohesive soil. Clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical side slopes, and is plastic when moist. Cohesive soil is hard to break up when dry, and exhibits significant cohesion when submerged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay.

Dry soil. Soil that does not exhibit visible signs of moisture content.

Fissured. A soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface.

Granular soil. Gravel, sand, or silt (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry.

Layered system. Two or more distinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered layered.

Moist soil. A condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles.

Plastic. A property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change.

Saturated soil. A soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near saturation, is necessary for the proper use of instruments such as a pocket penetrometer or sheer vane.

Soil classification system. A method of categorizing soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B, and Type C, in decreasing order of stability. The categories are determined based on an analysis of the properties and performance characteristics of the deposits and the environmental conditions of exposure.

Stable rock. Natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed.

Submerged soil. Soil which is underwater or is free seeping.

Type A soil. Cohesive soils with an unconfined, compressive strength of 1.5 ton per square foot (tsf) or greater. Examples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Cemented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if:

(1) The soil is fissured; or

(2) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or

(3) The soil has been previously disturbed; or

(4) The soil is part of a sloped, layered system where the layers dip into the excavation on a slope of four horizontal to one vertical (4H:1V) or greater; or

(5) The material is subject to other factors that would require it to be classified as a less stable material.

Type B soil:

(1) Cohesive soil with an unconfined compressive strength greater than 0.5 tsf but less than 1.5 tsf; or

(2) Granular cohesionless soils including: angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam.

(3) Previously disturbed soils except those which would otherwise be classed as Type C soil.

(4) Soil that meets the unconfined compressive strength or cementation requirements for Type A, but is fissured or subject to vibration; or

(5) Dry rock that is not stable; or

(6) Material that is part of a sloped, layered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:1V), but only if the material would otherwise be classified as Type B.

Type C soil:

(1) Cohesive soil with an unconfined compressive strength of 0.5 tsf or less; or

(2) Granular soils including gravel, sand, and loamy sand; or

(3) Submerged soil or soil from which water is freely seeping; or

(4) Submerged rock that is not stable, or

(5) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:1V) or steeper.

Unconfined compressive strength. The load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb penetration tests, and other methods.

Wet soil. Soil that contains significantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material that would exhibit cohesive properties when moist will lose those cohesive properties when wet.

(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix.

(2) Basis of classification. The classification of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other approved methods of soil classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification system.

(3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and conducted to provide sufficient quantitative and qualitative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits.

(4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer.

(5) Reclassification. If, after classifying a deposit, the properties, factors, or conditions affecting its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be reclassified as necessary to reflect the changed circumstances.

(d) Acceptable visual and manual tests.

(1) Visual tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated material.

(A) Observe samples of soil that are excavated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material. Soil composed primarily of coarse-grained sand or gravel is granular material.

(B) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular.

(C) Observe the side of the opened excavation and the surface area adjacent to the excavation. Crack-like openings such as tension cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evidence of moving ground and are indications of potentially hazardous situations.

(D) Observe the area adjacent to the excavation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously disturbed soil.

(E) Observe the opened side of the excavation to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers.

(F) Observe the area adjacent to the excavation and the sides of the opened excavation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table.

(G) Observe the area adjacent to the excavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face.

(2) Manual tests. Manual analysis of soil samples in conducted to determine quantitative as well as qualitative properties of soil and to provide more information in order to classify soil properly.

(A) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as 1/8-inch in diameter. Cohesive material can be successfully rolled into threads without crumbling. For example, if at least a two inch length of 1/8-inch thread can be held on one end without tearing, the soil is cohesive.

(B) Dry strength. If the soil is dry and crumbles on its own or with moderate pressure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured.

(C) Thumb penetration. The thumb penetration test can be used to estimate the unconfined compressive strength of cohesive soils. Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; however, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a minimum the effects of exposure to drying influences (rain, flooding), the classification of the soil must be changed accordingly.

(D) Other strength tests. Estimates of unconfined compressive strength of soils can also be obtained by use of a pocket penetrometer or by using a hand-operated shearvane.

(E) Drying test. The basic purpose of the drying test is to differentiate between cohesive material with fissures, unfissured cohesive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick and six inches in diameter until it is thoroughly dry:

1. If the sample develops cracks as it dries, significant fissures are indicated.

2. Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as an unfissured cohesive material and the unconfined compressive strength should be determined.

3. If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the material is cohesive with fissures. If they pulverize easily into very small fragments, the material is granular.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Appendix B

Sloping and Benching

(a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and benching protective systems is to be performed in accordance with the requirements set forth in Section 1541.1(b).

(b) Definitions.

Actual slope means the slope to which an excavation face is excavated.

Distress means that the soil is in a condition where a cave-in is imminent or is likely to occur. Distress is evidenced by such phenomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spalling of material from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation.

Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the most favorable site conditions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V),

Short term exposure means a period of time less than or equal to 24 hours that an excavation is open.

(1) Soil classification. Soil and rock deposits shall be classified in accordance with Appendix A to Section 1541.1.

(2) Maximum allowable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B-1 of this appendix.

(3) Actual slope.

(A) The actual slope shall not be steeper than the maximum allowable slope.

(B) The actual slope shall be less steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least 1/2 horizontal to one vertical (1/2H:1V) less steep than the maximum allowable slope.

(C) When surcharge loads from stored material or equipment, operating equipment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in accordance with Section 1541(i).

(4) Configurations. Configurations of sloping and benching systems shall be in accordance with Figure B-1.

TABLE B-1

MAXIMUM ALLOWABLE SLOPES

Embedded Graphic 08.0161

FIGURE B-1

SLOPE CONFIGURATIONS

(All slopes stated below are in the horizontal to vertical ratio)

B - 1.1 Excavations made in Type A soil.

1. All simple slope excavations 20 feet or less in depth shall gave a maximum allowable slope of 3/4:1.

Embedded Graphic 08.0162

Simple Slope - General

Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 1/2:1.

Embedded Graphic 08.0163

Simple Slope - Short Term

2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3/4 to 1 and maximum bench dimensions as follows:

Embedded Graphic 08.0164

Simple Bench

Embedded Graphic 08.0165

Multiple Bench

3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall have a maximum vertical side 3 1/2 feet.

Embedded Graphic 08.0166

Unsupported Vertically Sided Lower Portion - Maximum 8 Feet in Depth

All excavations more than 8 feet but not more than 12 feet in depth with unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum vertical side of 3 1/2 feet.

Embedded Graphic 08.0167

Unsupported Vertically Sided Lower Portion - Maximum 12 Feet in Depth

All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of 3/4:1. The support or shield system must extend at least 18 inches above the top of the vertical side.

Embedded Graphic 08.0168

Supported or Shielded Vertically Sided Lower Portion

4. All other simple slope, compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under 1541.1(b).

B - 1.2 Excavations Made in Type B Soil

1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1.

Embedded Graphic 08.0169

Simple Slope

2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows:

Embedded Graphic 08.0170

Single Bench

Embedded Graphic 08.0171

Multiple Bench

3. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1:1.

Embedded Graphic 08.0172

Vertically Sided Lower Portion

4. All other sloped excavations shall be in accordance with the other options permitted in 1541.1(b).

B - 1.3 Excavations Made in Type C Soil

1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1 1/2:1.

Embedded Graphic 08.0173

Simple Slope

2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1 1/2:1.

Embedded Graphic 08.0174

Vertically Sided Lower Portion

3. All other sloped excavations shall be in accordance with the other options permitted in 1541.1(b).

B - 1.4 Excavations Made in Layered Soil

1. All excavations 20 feet or less in depth made in layered soils shall have a maximum allowable slope for each layer as set forth below:

Embedded Graphic 08.0175

B OVER A

Embedded Graphic 08.0176

C OVER A

Embedded Graphic 08.0177

C OVER B

Embedded Graphic 08.0178

A OVER B

Embedded Graphic 08.0179

A OVER C

Embedded Graphic 08.0180

B OVER C

2. All other sloped excavations shall be in accordance with the other options permitted in 1541.1(b).

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Appendix C

Timber Shoring for Trenches

(a) Scope. This appendix contains information that can be used when timber shoring is provided as a method of protection from cave-ins in trenches that do not exceed 20 feet in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with Section 1541.1(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in Section 1541.1(b) and 1541.1(c).

(b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in Article 6.

Information is presented in several forms as follows:

(1) Information is presented in tabular form in Tables C-1.1, C-1.2 and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following Section (g) of Appendix C. Each table presents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. The data are arranged to allow the user the flexibility to select from among several acceptable configurations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented for this condition.

(2) Information concerning the basis of the tabular data and the limitations of the data is presented in Section (d) of this appendix, and on the tables themselves.

(3) Information explaining the use of the tabular data is presented in Section (e) of this appendix.

(4) Information illustrating the use of the tabular data is presented in Section (f) of this appendix.

(5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C-2.1 through C-2.3 are presented in Section (g) of this appendix.

(d) Basis and limitations of the data.

(1) Dimensions of timber members.

(A) The sizes of the timber members listed in Tables C-1.1 through C-1.3 are taken from the National Bureau of Standards (NBS) report, ``Recommended Technical Provisions for Construction Practice in Shoring and Sloping of Trenches and Excavations.'' In addition, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice.

(B) The required dimensions of the members listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers wanting to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under Section 1541.1(c)(3).

(2) Limitation of application.

(A) It is not intended that the timber shoring specification apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in Section 1541.1(c).

(B) When any of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed in accordance with Section 1541.1.

1. When loads imposed by structures or by stored material adjacent to the trench weigh in excess of the load imposed by a two-foot soil surcharge. The term ``adjacent'' as used here means the area within a horizontal distance from the edge of the trench equal to the depth of the trench.

2. When vertical loads imposed on crossbraces exceed a 240-pound gravity load distributed on a one-foot section of the center of the crossbrace.

3. When surcharge loads are present from equipment weighing in excess of 20,000 pounds.

4. When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion.

(e) Use of Tables. The members of the shoring system that are to be selected using this information are the crossbraces, the uprights, and the wales, where wales are required. Minimum sizes of members are specified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be determined in accordance with the soil classification system described in Appendix A. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be installed and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is available, the horizontal spacing of the crossbraces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces, the size and vertical spacing of the crossbraces are known, the size and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table.

(f) Examples to Illustrate the Use of Tables C-1.1 through C-1.3.

(1) Example 1.

A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, four acceptable arrangements of timber can be used.

Arrangement #1

Space 4X4 crossbraces at six feet horizontally and four feet vertically. Wales are not required.

Space 3X8 uprights at six feet horizontally. This arrangement is commonly called ``skip shoring.''

Arrangement #2

Space 4X6 crossbraces at eight feet horizontally and four feet vertically.

Space 8X8 wales at four feet vertically.

Space 2X6 uprights at four feet horizontally.

Arrangement #3

Space 6X6 crossbraces at 10 feet horizontally and four feet vertically.

Space 8X10 wales at four feet vertically.

Space 2X6 uprights at five feet horizontally.

Arrangement #4

Space 6X6 crossbraces at 12 feet horizontally and four feet vertically.

Space 10X10 wales at four feet vertically.

Space 3X8 uprights at six feet horizontally.

(2) Example 2.

A trench dug in Type B soil is 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed.

Arrangement #1

Space 6X6 crossbraces at six feet horizontally and five feet vertically.

Space 8X8 wales at five feet vertically.

Space 2X6 uprights at two feet horizontally.

Arrangement #2

Space 6X8 crossbraces at eight feet horizontally and five feet vertically.

Space 10X10 wales at five feet vertically.

Space 2X6 uprights at two feet horizontally.

Arrangement #3

Space 8X8 crossbraces at 10 feet horizontally and five feet vertically.

Space 10X12 wales at five feet vertically.

Space 2X6 uprights at two feet vertically.

(3) Example 3.

A trench dug in Type C soil is 13 feet deep and five feet wide.

From Table C-1.3 two acceptable arrangements of members can be used.

Arrangement #1

Space 8X8 crossbraces at six feet horizontally and five feet vertically.

Space 10X12 wales at five feet vertically.

Position 2X6 uprights as closely together as possible.

If water must be retained use special tongue and groove uprights to form tight sheeting.

Arrangement #2

Space 8X10 crossbraces at eight feet horizontally and five feet vertically.

Space 12X12 wales at five feet vertically.

Position 2X6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained.

(4) Example 4.

A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of members is provided.

Space 8X10 crossbraces at six feet horizontally and five feet vertically.

Space 12X12 wales at five feet vertically.

Use 3X6 tightsheeting.

Use of Tables C-2.1 through C-2.3 would follow the same procedures.

(g) Notes for all Tables.

1. Members sizes at spacings other than indicated are to be determined as specified in Section 1541.1(c), ``Design of Protective Systems.''

2. When conditions are saturated or submerged use Tight Sheeting. Tight Sheeting refers to the use of specially-edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to resist the lateral pressure of water and to prevent the loss of backfill material. Close Sheeting refers to the placement of planks side-by-side allowing as little space as possible between them.

3. All spacing indicated is measured center to center.

4.. Wales to be installed with greater dimension horizontal.

5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bottom of the trench shall not exceed 36 inches. When mudsills are used, the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the toe of the trench side.

6. Trench jacks may be used in lieu of or in combination with timber crossbraces.

7. Placement of crossbraces. When the vertical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench.

Embedded Graphic 08.0181

Embedded Graphic 08.0182

Embedded Graphic 08.0183

Embedded Graphic 08.0184

Embedded Graphic 08.0185

Embedded Graphic 08.0186

Appendix D

Aluminum Hydraulic Shoring for Trenches

(a) Scope. This appendix contains information that can be used when aluminum hydraulic shoring is provided as a method of protection against cave-ins in trenches that do not exceed 20 feet in depth. This appendix must be used when design of the aluminum hydraulic protective system cannot be performed in accordance with Section 1541.1(c)(2).

(b) Soil Classification. In order to use data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in Appendix A of this Article.

(1) Information is presented in tabular form in Tables D-1.1, D-1.2, D-1.3 and D-1.4. Each table presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D-1.4 are for horizontal waler systems in Types B and C soil.

(2) Information concerning the basis of the tabular data and the limitations of the data is presented in Section (d) of this appendix.

(3) Information explaining the use of the tabular data is presented in Section (e) of this appendix.

(4) Information illustrating the use of the tabular data is presented in Section (f) of this appendix.

(5) Miscellaneous notations (footnotes) regarding Table D-1.1 through D-1.4 are presented in Section (g) of this appendix.

(6) Figures, illustrating typical installations of hydraulic shoring, are included just prior to the Tables. The illustrations page is entitled ``Aluminum Hydraulic Shoring: Typical Installations.''

(d) Basis and limitations of the data.

(1) Vertical shore rails and horizontal wales are those that meet the Section Modulus requirements in the D-1 Tables. Aluminum material is 6061-T6 or material of equivalent strength and properties.

(2) Hydraulic cylinders specifications.

(A) 2-inch cylinders shall be a minimum 2-inch inside diameter with a minimum safe working capacity of no less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer.

(B) 3-inch cylinders shall be minimum 3-inch inside diameter with a safe working capacity of not less than 30,000 pounds axial compressive load at extensions as recommended by product manufacturer.

(3) Limitation of application.

(A) It is not intended that the aluminum hydraulic specification apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be otherwise designed as specified in Section 1541.1(c).

(B) When any of the following conditions are present, the members specified in the Tables are no considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with Section 1541.1.

1. When vertical loads imposed on crossbraces exceed a 100 pound gravity load distributed on a one foot section of the center of the hydraulic cylinder.

2. When surcharge loads are present from equipment weighing in excess of 20,000 pounds.

3. When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion.

(e) Use of Tables D-1.1, D-1.2, D-1.3 and D-1.4. The members of the shoring system that are to be selected using this information are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D-1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting, are found in the horizontal wale Tables D-1.3 and D-1.4. The soil type must first be determined in accordance with the soil classification system described in Appendix A to Section 1541.1. Using the appropriate table, the selection of the size and spacing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held constant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical shore tables, the hydraulic cylinder horizontal spacing is the same as the vertical shore spacing.

(f) Example to Illustrate the Use of the Tables:

(1) Example 1.

A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find vertical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 1 & 3 for typical installations.)

(2) Example 2:

A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertically. (See Figures 1 & 3 for typical installations.)

(3) Example 3:

A trench is dug in Type B soil that does not require sheeting, but does experience some minor raveling of the trench face. The trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special oversleeves as designated by footnote #2) spaced 5.5 feet o.c. horizontally and 4 feet o.c. vertically. Plywood (per footnote (g)(7) to the D-1 Table) should be used behind the shores. (See Figures 2 & 3 for typical installations.)

(4) Example 4:

A trench is dug in previously disturbed Type B soil, with characteristics of a Type C soil, and will require sheeting. The trench is 18 feet deep, and 12 feet wide. 8 foot horizontal spacing between cylinders is desired for working space. From Table D-1.3: Find horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally, 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.)

(5) Example 5:

A trench is dug in Type C soil, 9 feet deep and 4 feet wide. Horizontal cylinder spacing in excess of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or, find horizontal wale with a 14.0 section modulus and 3 inch diameter cylinder spaced at 10 feet o.c. horizontally. Both wales are spaced 4 feet o.c. vertically, 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.)

(g) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-1.3, and D-1.4.

(1) For applications other than those listed in the tables, refer to Section 1541.1(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to Section 1541.1(c)(2) and 1541.1(c)(3).

(2) 2-inch diameter cylinders, at this width, shall have structural steel tube (3.5 x 3.5 x 0.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length.

(3) Hydraulic cylinders capacities.

(A) 2-inch cylinders shall be a minimum 2-inch inside diameter with a safe working capacity of not less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer.

(B) 3-inch cylinders shall be a minimum 3-inch inside diameter with a safe work capacity of not less than 30,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer.

(4) All spacing indicated is measured center to center.

(5) Vertical shoring rails shall have a minimum section modulus of 0.40 inch.

(6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group.

(7) Plywood shall be 1.125 inches thick of wood or 0.75 inch thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local raveling (sloughing of the trench face) between shores. Equivalent material may be used if it has been approved in accordance with Section 1505(a).

(8) See Appendix C for timber specifications.

(9) Wales are calculated for simple span conditions.

(10) See Appendix D, Section (d), for basis and limitations of the data.

ALUMINUM HYDRAULIC SHORING

TYPICAL INSTALLATIONS

FIGURE NO. 1

Embedded Graphic 08.0187

ALUMINUM HYDRAULIC SHORING

TYPICAL INSTALLATIONS

FIGURE NO. 2

Embedded Graphic 08.0188

ALUMINUM HYDRAULIC SHORING

TYPICAL INSTALLATIONS

FIGURE NO. 3

Embedded Graphic 08.0189

ALUMINUM HYDRAULIC SHORING

TYPICAL INSTALLATIONS

FIGURE NO. 4

Embedded Graphic 08.0190

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Embedded Graphic 08.0191

Embedded Graphic 08.0192

Embedded Graphic 08.0193

Embedded Graphic 08.0194

Figure 1. Aluminum Hydraulic Shoring

Embedded Graphic 08.0195

Figure 2. Pneumatic/hydraulic Shoring

Embedded Graphic 08.0196

Figure 3. Trench Kacks (Screw Jacks)

Embedded Graphic 08.0197

Figure 4. Trench Shields

Embedded Graphic 08.0198

NOTE

Authority Cited: Section 142.3, Labor Code. Reference 142.3, Labor Code.

Embedded Graphic 08.0199

Embedded Graphic 08.0200

Embedded Graphic 08.0201

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§1542. Shafts.

Note • History

(a) General.

(1) All wells or shafts over 5 feet in depth into which employees are permitted to enter shall be retained with lagging, spiling, or casing.

EXCEPTION: Exploration shafts; see Section 1542(d).

(2) The lagging, spiling or casing shall extend at least one foot above ground level and shall be provided the full depth of the shaft or at least five feet into solid rock if possible.

(3) All wells, pits, shafts, caissons, etc. shall be barricaded or securely covered.

(4) Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be backfilled.

(b) Small Shafts in Hard Compact Soil.

Two-inch (nominal) cribbing may be used in square shafts not over 4 feet square in hard compact soil. Each member shall be cut 1/2 way through the width of the member and dovetailed into position so each member will act as a shore as well as lagging. Strips shall be nailed in each corner to prevent the boards from dropping down.

(1) A system of lagging supported by braces and corner posts shall be used for square or rectangular shafts. Corner posts of 4-inch by 4-inch material are normally acceptable in shafts 4 feet square, or smaller, if they are braced in each direction with horizontal 4-inch by 4-inch members at intervals not exceeding 4 feet. Braces and corner posts in larger shafts shall be correspondingly larger as determined by a civil engineer.

(2) Round shafts shall be completely lagged with 2-inch material which is supported at intervals not greater than 4 feet by means of adjustable rings of metal or timber that are designed to resist the collapsing force, or cased in a manner that provides equivalent protection.

(d) Exploration Shafts. Only a geotechnical specialist shall be permitted to enter an exploration shaft without lagging, spiling or casing for the purpose of subsurface investigations under the following conditions:

(1) Initial Inspection. The type of materials and stability characteristics of the exploration shaft shall be personally observed and recorded by the geotechnical specialist during the drilling operation. Potentially unsafe exploration shafts shall not be entered.

(2) Surface Casing. The upper portion of the exploration shaft shall be equipped with a surface ring-collar to provide casing support of the material within the upper 4 feet of the exploration shaft. The ring-collar shall extend at least 1-foot above the ground surface.

(3) Gas Tests. Prior to entry into exploration shafts, tests and/or procedures shall be instituted to assure that the atmosphere within the shaft does not contain dangerous air contamination or oxygen deficiency. These tests and/or procedures shall be maintained while working within the shaft to assure that dangerous air contamination or oxygen deficiency will not occur. (See Section 5156 of the General Industry Safety Orders.)

(4) Unstable Local Conditions. The geotechnical specialist shall not descend below any portion of any exploration shaft where caving or groundwater seepage is noted or suspected.

(5) Ladder and Cable Descents. A ladder may be used to inspect exploration shafts 20 feet or less in depth. In deeper exploration shafts, properly maintained mechanical hoisting devices with a safety factor of at least 6 shall be provided and used. Such devices shall be under positive control of the operator being positive powered up and down with fail-safe brakes.

(6) Emergency Standby Employee. An emergency standby employee shall be positioned at the surface near the exploration shaft opening whenever a geotechnical specialist is inside the shaft.

(7) Communication. A two-way, electrically-operated communication system shall be in operation between the standby employee and the geotechnical specialist whenever boring inspections are being made in exploration shafts over 20 feet in depth or when ambient noise levels make communication difficult.

(8) Safety Equipment. The following safety equipment shall be used to protect the geotechnical specialist:

(A) An approved safety harness which will suspend a person upright and that is securely attached to the hoist cable.

(B) A 12-inch to 18-inch diameter steel coneshaped headguard/deflector that is attached to the hoist cable above the harness.

(D) Approved head protection. (See Section 1515.)

(9) Electrical Devices. All electrical devices used within the exploration shaft by the geotechnical specialist shall be approved for hazardous locations.

(10) Surface Hazards. The storage and use of flammable or other dangerous materials shall be controlled at the surface to prevent them from entering the exploration shaft.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (e) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

3. Amendment of subsection (a) and new subsection (e) filed 11-12-82; effective thirtieth day thereafter (Register 82, No. 46).

4. Repealer of subsection (a) NOTE, adoption of subsections (a)(3) and (a)(4), repealer of subsection (d) text and relettering filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

5. Change without regulatory effect amending subsection (a)(1) filed 8-19-92; operative 8-19-92 (Register 92, No. 34).

6. Editorial correction of printing error restoring designation of subsection (d) (Register 92, No. 34).

7. Change without regulatory effect amending subsection (a)(1) Exception filed 2-22-93; operative 3-24-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 9).

§1543. Cofferdams.

Note • History

(a) If overtopping of the cofferdam by high waters is possible, means shall be provided for controlled flooding of the work area.

(b) Warning signs for evacuation of employees in case of emergency shall be developed and posted.

(c) Cofferdam walkways, bridges, or ramps with at least two means of rapid exit, shall be provided with guardrails as specified in Section 1620.

(d) Cofferdams located close to navigable shipping channels shall be protected from vessels in transit, where possible.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section142.3, Labor Code.

HISTORY

1. New section filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 3). For history of former section, see Registers 82, No. 35 and 70, No.48.

2. Adoption of NOTE filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

§1544. Earthwork and Excavating. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a), (d) and (e) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

§1545. Overburden. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

§1546. Face Inspection and Control. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a), (d) and (e) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

§1547. Protection of Workers at the Face. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

Article 7. Bins, Bunkers, Hoppers, and Material Storage

§1548. Bins, Bunkers, and Hoppers.

Note • History

(a) Every open bin, bunker, hopper, and dangerous equipment whose upper edge is less than 36 inches above the floor or working level shall be equipped with a standard railing around its edges, or a grating or grille shall cover the top. Where grille or grating is the only protection, it shall have no opening whose least dimension exceeds 10 inches. Where railings are used they may be temporarily removed to provide necessary working openings.

(b) The grating or grille shall be of strength sufficient to withstand any load that is customarily imposed upon it.

(c) Where bins, bunkers, or hoppers are loaded by backing an automotive truck to one edge, there shall be installed bumper stops not less than 10 by 10 inches, securely fastened in a manner to prevent the truck overrunning the runway. At least 8- by 8-inch timbers or equivalent shall be securely fastened along the sides of the runway to prevent a truck overrunning the sides of the runway.

(d) Open Top Bins.

(1) Where employees are permitted or required to work in or above open top bins over 8 feet in depth, an upper working area consisting of a platform or walkway shall be provided, and shall be guarded with a standard railing and toeboard.

(2) Personal fall arrest or restraint systems complying with the requirements of Section 1670 shall be provided and used by employees when above requirements are not met.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a), (d)(1) and (2) filed 4-11-84; effective thirtieth day thereafter (Register 84, No. 15).

2. Amendment of subsections (a) and (d)(2) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

§1549. Piling Material.

Note • History

(a) Piles of brick, tile, masonry blocks, and similar material shall be stabilized against falling by the use of headers at least every sixth course. When a loose brick stack reaches a height of 4 feet, it shall be tapered back at least 2 inches in every foot of height above the 4-foot level. Brick stacks shall not be more than 7 feet in height. When masonry blocks are stacked higher than 6 feet, the stack shall be tapered back one-half block per tier above the 6-foot level.

(b) In piling bags of cement or other material more than 5 feet high, the face of the pile shall be tapered back (except where supported by walls or otherwise), or the sacks shall be so tied in horizontal layers as to prevent them from falling or collapsing.

(c) Piles of lumber, structural steel, and similar materials shall be maintained so that the stack is stable against falling or collapsing. Headers, crosspieces, or other means shall be used as needed in the pile to prevent slipping, tipping, or collapsing. Lumber piles shall not exceed 20 feet in height provided that lumber to be handled manually shall not be stacked more than 16 feet high.

(d) Sheetrock, plywood, trusses, and similar material shall not be stacked on edge unless positively secured against tipping or falling.

(e) Material inside buildings under construction shall not be placed within 6 feet of any hoistway or inside floor openings, nor within 10 feet of an exterior wall which does not extend above the top of the material unless the material is positively barricaded, placed, or secured to prevent it from falling.

(f) The maximum safe load limits of floors, or portions of floors, used for storage areas within buildings and structures, shall not be exceeded.

(g) Materials which may cause a hazardous reaction or unstable condition while in storage shall be segregated.

(h) Material on balconies or in other similar elevated locations on the exteriors of buildings under construction shall be placed, secured or positively barricaded in order to prevent the material from falling.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (c) and new subsections (e), (f), and (g) filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Amendment of subsections (c) and (e) filed 4-11-84; effective thirtieth day thereafter (Register 84, No. 15).

3. New subsection (h) filed 2-2-2010; operative 3-4-2010 (Register 2010, No. 6).

Article 8. Explosives [Repealed]

HISTORY

1. Repealer of article 8 (sections 1550-1580) filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28). For prior history, see Register 85, No. 30.

Article 9. Derricks, Cranes, Boom-Type Excavators [Repealed]

HISTORY

1. Repealer of article 9 (sections 1581-1589) filed 8-29-86; operative 9-28-86 (Register 86, No. 39).

Article 10. Haulage and Earth Moving

(Applicable Orders included in this Article shall apply to such equipment as haulage vehicles, scrapers, loaders, crawler or wheeled tractors, bulldozers, graders and similar equipment)

§1590. Haulage and Earth Moving, General.

Note • History

(a) Private Roadways and Off-Highway Conditions.

(1) Single-lane private roads with two-way traffic shall be provided with turnouts. Where turnouts are not practicable, a control system shall be provided to prevent vehicles from meeting on such single-lane roads.

(2) On private roads used for two-way traffic, arrangements shall be such that vehicles travel on the right side as much as possible. Signs shall be posted to clearly indicate variations from this system. Where practicable, separate haulage roads shall be provided between loaded and empty units. Haulage roads shall be wide enough to allow for safe passage. Safe distances between moving units shall be maintained.

Note: Left hand traffic patterns are permitted provided that vehicle operators are advised of the pattern and job site conditions warrant that the procedure is safe.

(3) Private roads shall be maintained free from holes and ruts that affect the safe control of the vehicle. Every emergency access ramp and berm used by an employer shall be constructed to restrain and control runaway vehicles.

(4) Where a hazard exists to employees because of traffic or haulage conditions, a system of traffic controls shall be required so as to abate the hazard. (See Section 1598(b)).

Note: Nothing in this subsection shall preclude the use of additional signs that are not included in the Manual referenced in Section 1598(b). Examples: “Haul Road,” “Left Hand Pattern,” “Scraper Crossing,” etc.

(5) Employees (on foot), such as grade-checkers, surveyors and others exposed to the hazard of vehicular traffic, shall wear high visibility safety apparel in accordance with the requirements of Sections 1598 and 1599 of these Orders.

(b) Dust Control. Action shall be taken to prevent dust from seriously reducing visibility. In dusty operations, equipment operators shall use adequate respiratory protection.

(1) Equipment shall be under control at all times and shall be kept in gear when descending grades.

(2) No vehicle shall be driven at a speed greater than is reasonable and proper, with due regard for weather, traffic, intersections, width and character of the roadway, type of motor vehicle, and any other existing conditions.

(d) Exhaust. Arrangements shall be made to direct exhaust gases away from the operator's breathing zone.

(e) Heat Shields. When push-tractors are working in tandem, heat shields, or equivalent protection, shall be provided for operators.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (e) and new subsections (f), (g) and (h) filed 10-2-70; effective thirtieth day thereafter (Register 70, No. 40).

2. Amendment of subsections (a) and (d) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Repealer and new section filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

4. Amendment of subsections (a) and (c) filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).

5. Amendment of subsection (a)(5) filed 6-2-2010; operative 7-2-2010 (Register 2010, No. 23).

§1591. Haulage Vehicles, Equipment-Construction and Maintenance.

Note • History

(a) Windshields complying with the applicable provisions of the Vehicle Code shall be provided and maintained on haulage vehicles and scrapers.

(b) Equipment and accessories installed on haulage vehicles shall be arranged so as to avoid impairing the driver's operational vision to the front or sides.

(c) Brakes, General. Service brake systems for self-propelled, rubber-tired, off-highway equipment manufactured before January 1, 1972 (for scrapers January 1, 1971) shall meet minimum performance criteria for service brake systems as set forth in the Society of Automotive Engineers Recommended Practices listed below. Service, emergency and parking brake systems for self-propelled, rubber-tired, off-highway equipment manufactured after January 1, 1972 (for scrapers January 1, 1971) shall meet the applicable minimum performance criteria for each system as set forth in the same Society of Automotive Engineers Recommended Practices:

Self-Propelled Graders SAE J236-1971

Trucks and Wagons SAE J166-1971

Front-End Loaders & Dozers SAE J237-1971

Self-Propelled Scrapers SAEJ319b-1971

Note: Equipment that meets the performance criteria of SAE Recommended Practice J1152-APR 1980, Braking Performance--Rubber-Tired Construction Machines, satisfies the requirements of this Section.

(d) Air Tank Service. Liquids should be drained automatically from vehicle's compressed air tanks, but if such automatic equipment is not provided, the tanks shall be drained manually at least once each operating shift.

(e) Cab Shield. Haulage vehicles, whose pay load is loaded by means of cranes, power shovels, loaders, or similar equipment, shall have a cab shield and/or canopy adequate to protect the operator from shifting or falling materials.

(f) Fenders. Fenders complying with the following standards from SAE Recommended Practice J321, November, 1967 or J321b April, 1978, shall be provided on new scrapers, carryalls, related power units, and trailed hauling units manufactured and placed into service after January 1, 1971.

(g) Lights. Whenever visibility conditions warrant additional light, all vehicles, or combinations of vehicles, in use shall be equipped with at least two headlights and two taillights in operable condition.

(h) Canopy. Crawler tractors, bulldozers, carryalls and similar equipment manufactured and used prior to April 1, 1971, except for scrapers, front-end loaders and new equipment covered by 1596, shall have canopy protection and seat belts for the operator when used where there is exposure to falling or rolling objects.

(i) Operating Levers. Operating levers controlling hoisting or dumping devices on haulage bodies shall be equipped with a latch or other device which will prevent accidental starting or tripping of the mechanism.

(j) Trip Handles. Trip handles for tailgates of dump trucks shall be so arranged that in dumping, the operator will not be exposed either to the hazard of being struck by falling material or any part of the truck.

(k) Dump Bodies. Haulage vehicles equipped with dump bodies that tilt to release their load by gravity through an opening at the rear or side shall be provided with a device that gives the operator a clearly audible or visible warning when sufficient force is applied by the elevating mechanism to cause or sustain dump body elevation.

(l) Hazard Signals. Tractor-scrapers (self-propelled) pushed by other equipment during loading operations shall be provided with a clearly audible or visible warning device that can be activated by the operator of the tractor-scraper to communicate an “ALL STOP” warning to the pushing equipment in event of an emergency.

(m) Exhaust retrofits. If an exhaust retrofit is installed on a vehicle, it shall be installed and maintained in accordance with the following:

(1) An exhaust retrofit shall not reduce the capacity, structural integrity, or safe performance of a vehicle.

(2) An exhaust retrofit shall not reduce an employee's ability to access or egress a vehicle safely.

(3) An exhaust retrofit shall be located or effectively shielded such that it does not increase the risk of a fire due to accidental contact with hydraulic fluid or fuel spilled during transfer or sprayed from a broken hose, pipe, or container.

(4) An exhaust retrofit shall be located or effectively shielded such that it does not increase the risk of an employee contacting exhaust system surfaces having a temperature of 140 degrees F (60 degrees C) or higher. Heat shielding is not required on an exhaust retrofit located under the hood of a vehicle if space limitations make shielding impracticable.

(5) An exhaust retrofit, excluding exhaust stacks which are the subject of subsection (6), shall not obstruct the driver's view of an area or object located 40 inches outside of the smallest rectangle that encompasses the perimeter of a vehicle, as determined in accordance with the following:

(A) A modification or addition made to a vehicle to install a retrofit, such as an expanded engine compartment hood or added heat shield, shall be considered part of the exhaust retrofit,

(B) If a bucket or blade is attached to a vehicle, it shall be placed in the traveling position and shall be considered a part of the vehicle for the purpose of establishing the perimeter of the vehicle to the front and rear, but not to the sides,

(D) The driver's view shall represent the view that a driver would have under the following conditions:

1. The driver weighs at least 195 pounds and is less than 70 inches tall,

2. The driver is sitting upright in the driver's seat and is looking towards the exhaust retrofit, and

3. The driver's seat is positioned in the middle of its adjustable range.

Note: The Visibility Test Procedures in Non-Mandatory Appendix A constitute one method that may be used to demonstrate compliance with this subsection.

(6) Exhaust stacks on exhaust retrofits, when compared to exhaust stacks on the vehicle as originally manufactured, shall comply with the following conditions:

(A) Retrofit exhaust stacks shall be located or effectively shielded such that the stacks do not increase the risk of an employee contacting stack surfaces having a temperature of 140 degrees F (60 degrees C) or higher;

(B) Retrofit exhaust stacks shall not reduce the driver's view of the outside edge of the blade or bucket on earthmoving equipment, as determined without the use of mirrors or cameras; and

(C) Retrofit exhaust stacks shall not reduce the driver's view to the front, sides, or rear of the vehicle, as determined without the use of mirrors or cameras. A retrofit exhaust stack reduces the driver's view if the area it obstructs from the driver's view is wider than the area obstructed by the original exhaust stack. Exhaust stack modifications that shall be considered to reduce the driver's view include, but are not limited to, the following:

(i) Increasing the diameter of an exhaust stack,

(ii) Moving an exhaust stack closer to the driver,

(iii) Moving an exhaust stack from a location where it is hidden from the driver's view by a part of the vehicle, such as the cab frame, to a location where it obstructs the driver's view, or

(iv) Moving an exhaust stack from a location in the driver's peripheral view to a location in the driver's operational view.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (d), renumbering of subsections (e)-(k) to subsections (d)-(j), and new subsections (k) and (l) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12). For prior history, see Register 75, No. 21.

2. Amendment of subsection (k) EXCEPTION filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Editorial correction of subsection (k) (Register 79, No. 24).

4. Repealer and new subsections (k) and ( l) filed 5-6-81; effective thirtieth day thereafter (Register 81, No. 19).

5. Amendment of subsections (a)-(g) filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).

6. New subsections (m)-(m)(6)(C)(iv) and new appendix A filed 2-1-2012; operative 3-2-2012 (Register 2012, No. 5).

Appendix A to Section 1591

Visibility Test Procedures (Non-Mandatory)

A. General Requirements.

1. Scope and Application. These test procedures may be used to determine compliance with Section 1591(m)(5).

2. Definitions.

a) Exhaust Retrofit. An emission control device installed on a vehicle after the vehicle's manufacture, including, but not limited to, modified or added sections of exhaust pipe that connect the emission control device to the engine. For the purpose of these test procedures, an exhaust retrofit does not include an exhaust stack. A modification or addition made to a vehicle to install an exhaust retrofit, such as an expanded engine compartment hood or added heat shield, shall be considered part of an exhaust retrofit.

3. All sections of the exhaust retrofit shall be evaluated in accordance with the test procedures in Section B. A retrofit passes the visibility test if all sections of the retrofit meet the criteria for passing the visibility test in subsections B.1.b or B.2.d. It is not necessary for all sections of the exhaust retrofit to pass the same test criteria, but all sections must pass at least one of the test criteria.

B. Visibility Test Procedures and Criteria.

1. Determine which sections of an exhaust retrofit are inside the Original Equipment Manufacturer (OEM) engine compartment as follows:

a) Determine the location of the retrofit section with respect to the OEM engine compartment.

b) The retrofit section passes the visibility test if the section is located inside the boundary of the OEM engine compartment.

2. Evaluate retrofit sections outside the OEM engine compartment as follows:

a) Position the vehicle as instructed in Section D.

b) Draw a rectangular boundary line on the ground 40 inches outside of the smallest rectangle that encompasses the perimeter of the vehicle. If a bucket or blade is attached to a vehicle, it shall be placed in the traveling position and shall be considered a part of the vehicle when drawing the boundary line to the front and rear of the vehicle, but not to the sides.

c) Position a camera as instructed in Section G and photograph the exhaust retrofit from the driver's view.

d) The retrofit section passes the visibility test if photographs taken in accordance with subsection B.2.c. demonstrate that it meets one of the following test criteria:

(i) The retrofit section is below the driver's view to the edge of the vehicle (see Figure 1), or

(ii) The retrofit section does not block the driver's view of the rectangular boundary line drawn according to subsection B.2.b.

C. Test Records.

1. Create a written record for each vehicle that passes the visibility test, unless all sections of the exhaust retrofit(s) are inside the OEM engine compartment. The record shall include the following information:

a) Type of vehicle, manufacturer, and model number;

b) Vehicle identification number;

c) Manufacturer and model of the exhaust retrofit;

d) The picture(s) demonstrating that the exhaust retrofit passes the visibility test criteria;

e) A statement to the effect that the vehicle was evaluated in accordance with the visibility test procedures and met the requirements for passing the test;

f) The printed name and signature of the person conducting the visibility test along with that person's contact information; and

g) The test date.

D. Vehicle Position.

1. Park the vehicle on an area of compacted earth or paved surface with a gradient of no more than 3% in any direction.

2. Turn off the vehicle engine, set the parking brake, and block the tires. Position attachments, such as buckets and blades, in the traveling position and block them in place. The bucket or blade may be lowered to the ground instead of being blocked in the traveling position, provided that this lowered position does not affect the visibility test results.

E. Seat Reference Point.

1. Locate and mark the seat reference point, as follows:

a) If the seat pan has a tilt feature, adjust the seat pan so that it is as level as possible.

b) If the seat can be adjusted forward and backward, adjust the seat so that it is midway between the maximum forward and maximum rearward position.

c) If the seat height can be adjusted, adjust the seat height so that it is midway between the minimum and maximum height.

d) If the compression of the seat cushion is adjustable (air suspension seats), adjust the seat compression so that it is midway between its maximum and minimum range.

e) Use a carpenter's square to locate the seat reference point, as follows (see Figure 2):

(i) Rest the edge of one arm of the carpenter's square on the seat cushion such that it is level and bisects the seat from left to right.

(ii) Position the other arm of the carpenter's square such that it is vertical and its edge touches the most forward part of the seat backrest.

f) Mark a point on the center line of the seat 4 inches in front of the most forward part of the backrest. This point is the seat reference point.

F. Camera Lens Height.

1. The camera lens height represents the eye level of the average height and weight driver when sitting in the driver's seat. For seats that do not sink or compress when occupied, the camera lens height is 30 inches above the seat reference point on the unoccupied seat. If a seat sinks or compresses when occupied, such as an air suspension seat or a seat with a cushion, the average driver's eye level, when sitting in the seat, will be lower than 30 inches above the seat reference point on the unoccupied seat, in which case seat compression is to be determined by following these steps:

a) Select a person weighing at least 195 pounds to represent the driver. The driver shall sit on a hard bench or similar surface that does not compress when sat on. Measure and record the distance from the seat surface to the top of the driver's head. This distance is represented by distance D1 in Figure 3.

b) With the driver seated upright in the driver's seat (with the seat adjusted as described in Section E.) measure and record the distance from the top of the driver's head to an overhead reference point directly above. This distance is represented by distance D2 in Figure 3. If an overhead reference point, such as a cab ceiling or a roll bar, is not available, construct an overhead reference point out of plastic pipe or other material.

c) With the seat unoccupied and adjusted as provided in Section E, measure the distance from the overhead reference point to the seat reference point. This distance is represented by distance D3 in Figure 3.

d) Calculate seat compression as follows:

Seat compression = D1 + D2 - D3, as illustrated in Figure 3.

2. Calculate the camera lens height as follows:

Camera lens height = 30 inches minus the seat compression.

G. Camera Lens Position.

1. The camera lens position represents the eye position of an average height and weight driver. Position the camera lens such that:

a) It is directly above the seat reference point,

b) The distance between the center of the lens and the seat reference point is equal to the camera lens height calculated in subsection F.2, and

c) It points directly towards the retrofit.

Embedded Graphic 08.0202

§1592. Warning Methods.

Note • History

(a) Every vehicle with a haulage capacity of 2 1/2 cubic yards or more used to haul dirt, rock, concrete, or other construction material shall be equipped with a warning device that operates automatically while the vehicle is backing. The warning sound shall be of such magnitude that it will normally be audible from a distance of 200 feet and will sound immediately on backing. In congested areas or areas with high ambient noise which obscures the audible alarm, a signaler, in clear view of the operator, shall direct the backing operation.

(b) Those vehicles not subject to 1592(a) and operating in areas where their backward movement would constitute a hazard to employees working in the area on foot, and where the operator's vision is obstructed to the rear of the vehicle shall be equipped with an effective device or method to safeguard employees such as:

(1) An automatic back-up audible alarm which would sound immediately on backing, or

(2) An automatic braking device at the rear of the vehicle that will apply the service brake immediately on contact with any obstruction to the rear, or

(3) In lieu of 1 or 2 above, administrative controls shall be established such as:

(A) A spotter or flagger in clear view of the operator who shall direct the backing operation, or

(B) Other procedures which will require the operator to dismount and circle the vehicle immediately prior to starting a back-up operation, or

(4) Other means shall be provided that will furnish safety equivalent to the foregoing for personnel working in the area.

(c) All vehicles shall be equipped with a manually operated warning device which can be clearly heard from a distance of 200 feet.

(d) The operator of all vehicles shall not leave the controls of the vehicle while it is moving under its own engine power.

(e) Hauling or earth moving operations shall be controlled in such a manner as to ensure that equipment or vehicle operators know of the presence of rootpickers, spotters, lab technicians, surveyors, or other workers on foot in the areas of their operations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (c) and (d) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer and new section filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).

3. Amendment of subsections (a), (b) and (e) filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).

§1593. Haulage Vehicle Operation.

Note • History

(a) Vehicles shall not be operated at speeds which will endanger the driver or traffic.

(b) Haulage vehicles shall be under positive control during all periods of operation. When descending grades, the vehicles shall be kept in gear.

(c) When wire rope is being wound on a power-driven drum, a mechanical threading device shall be used, where practicable, to guide the cable. When this operation must be done manually, the feet shall not be used and the hands shall be kept at least 3 feet from the drum.

(d) All vehicles in use shall be checked at the beginning of each shift to assure that the following parts, equipment, and accessories are in safe operating condition and free of apparent damage that could cause failure while in use: service brakes, including trailer brake connections; parking system (hand brake); emergency stopping system (brake); tires; horn; steering mechanism; coupling devices; seat belts; operating controls; and safety devices. All defects affecting safe operation shall be corrected before the vehicle is placed in service. These requirements also apply to equipment such as lights, reflectors, windshield wipers, defrosters, fire extinguishers, etc., where such equipment is necessary.

(e) Exhaust Gases. Vehicle engines shall not be allowed to run in closed garages or other enclosed places, unless vents are provided which effectively remove the exhaust gases from the building.

(f) Securing Loads. Loads on vehicles shall be secured against displacement.

(g) Tire Repair. Except for emergency field repairs, a safety tire rack, cage, or equivalent protection shall be used when inflating truck or equipment tires after mounting on a rim, if such tires depend upon a locking ring or similar device to hold them on the rim.

(h) Parking Brakes. Whenever the equipment is parked, the parking brake shall be set. Equipment parked on inclines shall have the wheels chocked and the parking brake set or be otherwise prevented from moving by effective mechanical means.

(i) Scissor points on all front-end loaders which constitute a hazard to the operator shall be adequately guarded.

(j) A loader shall not travel without adequate visibility for the driver and stability of the equipment.

(k) No loading device shall be left unattended until the load or bucket is lowered to the ground, unless proper precautions such as blocking are taken to prevent accidental lowering.

(l) All high lift trucks (e.g., fork lifts), industrial trucks, and rider trucks used on a construction site shall conform with the applicable orders in Article 25 of the General Industry Safety Orders and:

(1) If a load is lifted by two or more trucks working in unison, the proportion of the total load carried by any one truck shall not exceed its capacity.

(2) Steering or spinner knobs shall not be attached to the steering wheel unless the steering mechanism is of a type that prevents road reactions from causing the steering handwheel to spin. The steering knob shall be mounted within the periphery of the wheel.

(m) Loading buckets, scoops, blades or similar attachments on haulage vehicles which do not provide fall protection equivalent to that required by Section 3210 of the General Industry Safety Orders or Article 24 of the Construction Safety Orders (starting with Section 1669) shall not be used as work platforms or to elevate or transport employees except as provided by Section 1597 of these Orders.

(n) The use, care and maintenance of slings used in lifting suspended loads with excavators, loaders and similar equipment shall comply with the requirements of Article 101 of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (i) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment of subsection (a), repealer of former subsection (c), relettering and amendment of former subsections (d) and (e) to subsections (c) and (d) and relettering of former subsections (f)-(i) to subsections (e)-(h) filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).

3. New subsections (i)-(l) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

4. Amendment of subsection (d) and new subsection (m) filed 4-11-94; operative 5-11-94 (Register 94, No. 15).

5. Amendment of subsection (f) filed 6-28-2004; operative 7-28-2004 (Register 2004, No. 27).

6. New subsection (n) filed 10-23-2012; operative 11-22-2012 (Register 2012, No. 43).

§1594. Fueling.

Note • History

(a) No internal combustion engine fuel tank shall be refilled with a flammable liquid while the engine is running. Fueling shall be done in such a manner that the likelihood of spillage is minimal. If a spill occurs it shall be washed away completely, evaporated, or equivalent action taken to control vapors before restarting the engine. Fuel tank caps shall be replaced before starting the engine.

(b) A good metal-to-metal contact shall be kept between fuel supply tank or nozzle of supply hose and the fuel tank.

(c) No open lights, welding, or sparking equipment shall be used near internal combustion equipment being fueled or near storage tanks.

(d) No smoking shall be permitted at or near the gasoline storage area or on equipment being fueled. Post a conspicuous sign in each fuel storage and fueling area stating: “NO SMOKING WITHIN 25 FEET.”

(e) Class I liquids shall not be dispensed by pressure from drums, barrels, and similar containers. Approved pumps taking suction through the top of the container or approved self-closing faucets shall be used.

(f) No repairs shall be made to equipment while it is being fueled.

(g) Each fuel storage tank or drum shall have the word “Flammable” conspicuously marked thereon and should also have a similarly sized word indicating the contents of the container.

(h) A dry chemical or carbon dioxide fire extinguisher rated 6:BC or larger shall be in a location accessible to the fueling area.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section title, and repealer and new subsection (a) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Amendment of subsections (e) and (h) filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).

§1595. Repair of Haulage Vehicles, Tractors, Bulldozers and Similar Equipment.

Note • History

(a) No repairs shall be attempted on power equipment until arrangements are made to eliminate possibility of injury, caused by sudden movements or operation of the equipment or its parts. When the equipment being repaired is a bulldozer, carryall, ripper, or other machine having sharp or heavy moving parts such as blades, beds, or gates, such parts shall be lowered to the ground or securely and positively blocked in an inoperative position.

All controls shall be in a neutral position, with the engine(s) stopped and brakes set, unless work being performed requires otherwise.

(b) Trucks with dump bodies shall be equipped with positive means of support, permanently attached, and capable of being locked in position to prevent accidental lowering of the body while maintenance or inspection work is being done. In all cases where the body is raised for any work, the locking device shall be used.

NOTE

Authority cited: Section 142.3, Labor Code: Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsections (b) through (f) filed 10-2-70; effective thirtieth day thereafter (Register 70, No. 40).

2. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No.12).

4. Amendment of subsection (a) filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).

§1596. Roll-Over Protective Structures (ROPS).

Note • History

(a) Installation Schedule. ROPS and seat belts (see Section 1596(g)) shall be installed and used on all equipment specified in this section in accordance with the following effective dates for each type or use of equipment listed below:

Note: The provisions of this section do not apply to non-rider equipment.

(1) Scrapers, tractors, front-end loaders, bulldozers, motor graders and water wagon prime movers having brake horsepower ratings above 20:

Equipment Manufacture Dates Effective Date for ROPS and Seat Belts

(A) On or after April 1, 1971 April 1, 1971

(B) On or after July 1, 1969 January 1, 1977

and prior to April 1, 1971

and prior to July 1, 1969

(D) Prior to January 1, 1960 July 1, 1977

(If operated under any of

the conditions specified

in Section 1596(a)(2)(B),

(i) or (ii) or (iii).)

EXCEPTIONS to Section 1596(a)(1):

(1) Side boom, pipe-laying tractors.

(2) An operator restraining system, acceptable to the Division, shall be permitted to be used in lieu of the required seat belts on motor graders not designed for seated operations.

(3) ROPS or seat belts shall not be required for the equipment identified in Section 1596(a)(1)(D) when loading/unloading from transportation vehicles on relatively flat surfaces.

(2) Rollers and compactors having a weight greater than 5,950 pounds.

(A) Rollers or compactors having segmented and/or sheepsfoot-type wheels or drums by July 1, 1977.

(B) All rollers and compactors (other than those specified in Section 1596(a)(2)(A)) when operating under any of the following conditions on or after July 1, 1977:

(i) Parallel to and within 3 feet of a down slope steeper than 3 feet horizontal to 1 foot vertical, or

(ii) Within 3 feet of a vertical or nearly vertical drop-off exceeding 1 foot in height, or

(iii) On any grade exceeding 15 percent (10 feet horizontal to 1 1/2 feet vertical).

EXCEPTIONS to Section 1596(a)(2)(B):

(1) Smooth, steel wheel rollers where the operator stands at the extreme rear of the vehicle.

(2) Rollers and compactors identified in Section 1596(a)(2)(B) when loading/unloading from transportation vehicles on relatively flat surfaces.

(b) ROPS Approval. ROPS shall be approved for their intended use as defined in Section 1505 of these Orders.

EXCEPTION: See Section 1596(i).

(d) Retrofit Design Criteria. The following items comprise the basic design criteria for retrofit ROPS used on scrapers, tractors, front-end loaders, bulldozers, motor graders and water wagon prime movers manufactured prior to April 1, 1971, and for rollers and compactors manufactured prior to July 1, 1977:

(1) Designs shall be based on one of the following:

(A) SAE Recommended Practice J-1040-a, February, 1975, or

(B) Structural analysis calculations equivalent to SAE J-1040-a, or

(C) Capability to support at least 2 times the gross machine weight applied vertically subsequent to an independently applied side load not less than 1.25 times the gross machine weight applied horizontally at the top of ROPS.

Note: 1. Gross vehicle weight includes the ROPS, all fuels and other components required for normal use of the vehicle.

2. The structural characteristics of the vehicle frame must be included in the design of the ROPS system.

3. The mounting brackets shall be capable of withstanding vibration and the design loads applied to the ROPS.

(2) The inside dimensions of the ROPS shall meet the deflection limiting volume requirements of SAE J-397-a, July, 1973.

(3) The design of the ROPS shall be approved by a registered civil or mechanical engineer.

EXCEPTION: See Section 1596(i).

(e) Modification or Repair. ROPS required by Section 1596(a) may be modified or repaired providing such modification or repair complies with the provisions of Section 1596(d) or Federal OSHA standard 1926.1000(c)(2).

(f) Labeling. Each ROPS shall bear a label with the following information:

(1) Name and address of manufacturer.

(2) Manufacturer's ROPS model number.

(3) Make and model of equipment for which the ROPS is designed.

Labels shall be stamped plates or other permanently attached means of identification, and shall not be obscured, obliterated or changed.

(g) Seat Belts (i.e., lap belts) and Combination Pelvic/Upper Torso Restraint Systems. Seat belts shall be adequate for the intended service and in good repair. Belts previously approved by the Division and installed prior to January 1, 1971, are acceptable provided they remain serviceable. Belts installed on or after January 1, 1971, shall be labeled as meeting the requirements of the Society of Automotive Engineers (SAE) standard in effect at the time the belt was manufactured. Where installed, combination pelvic/upper torso (Type 2) restraint systems shall be labeled as meeting the requirements of SAE J2292 AUG97, Combination Pelvic/Upper Torso (Type 2) Operator Restraint Systems For Off-Road Work Machines.

Note: For the purpose of subsection (g), the term “upper torso restraint” means a portion of a seat belt assembly intended to restrain movement of the chest and shoulder regions.

(1) Adjustment. The seat belts shall be capable of snug adjustment by the employee by a means easily within the employee's reach or shall be provided with an automatic locking or emergency locking retractor.

(2) Marking. Each seat belt and combination pelvic/upper torso restraint system shall be permanently and legibly marked or labeled with year of manufacture, model or style number and name or trademark of manufacturer or distributor, or of the importer if manufactured outside of the United States.

(3) Stiffness. To minimize “roping,” the seat belt webbing shall be woven and/or treated to produce a stiffness in the transverse direction equal to or greater than that obtained with a weave of double plain with one up, one down binder,without stuffers. This stiffness shall be effective for the usable life of the webbing. The webbing shall be flexible in the longitudinal direction to permit adjustment to -40oF.

(4) Material. The seat belt webbing material shall have a resistance to acids, alkalis, mildew, aging, moisture and sunlight equal to or better than that of untreated polyester fiber. The webbing shall not be less than three (3) inches in width; its ends shall be protected or treated to prevent unravelling and the breaking strength shall be at least 6,000 pounds.

Note: For seat belt requirements for agricultural and industrial tractors, see Section 3653, General Industry Safety Orders.

(5) Release. The seat belt buckle shall be designed so that it can be easily released with a single motion. It shall also be capable of being released with either available mittened hand.

(6) Closure. The seat belt buckle shall be designed so that it can be easily closed with mittened hands.

(7) Location. When a two-piece belt is used, the adjustment means shall be on each half of the belt to allow for the centering of the buckle on the operator.

(8) Operation. Each adjustment shall be capable of being made with the use of one mittened hand.

(9) Tests. A typical complete seat belt assembly, including webbing, straps, buckles, adjustment and attachment hardware, and retractors, shall be capable of passing the following destructive tests:

(A) The assembly loop shall withstand, without failure, a force of not less than 5,000 pounds and each structural component of the assembly a force of not less than 2,500 pounds.

(B) The length of the assembly loop between anchorages shall not increase more than 14 inches and each half of the assembly loop shall not increase more than 7 inches when subjected to a force of 5,000 pounds.

(C) Any webbing cut by the hardware during testing shall have a breaking strength at the cut of not less than 4,200 pounds.

(h) Wheel-type Agricultural or Industrial Tractors.

(1) ROPS and seat belts shall be installed and used on all wheel-type agricultural or industrial tractors used in construction in accordance with the installation schedule in Section 1596(a)(1).

(2) The ROPS specified above shall be approved for their intended use as defined in Section 1505.

(3) Protective enclosures, if used, shall be approved for their intended use as defined in Section 1505.

(4) ROPS approvals granted for wheel-type agricultural or industrial tractors will remain effective for the specified models of equipment for which they were granted, unless revoked for cause. These ROPS shall bear a label with their California State Approval Number.

(i) Existing ROPS Approvals. ROPS and canopies installed prior to July 24, 1976 and having a label with a California approval number on the specific model of construction equipment for which the approval was granted shall be deemed to be in compliance with the provisions of this section relating to ROPS.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code

HISTORY

1. Amendment of subsections (a) and (d) filed 5-25-76 as an emergency; effective upon filing (Register 76, No. 22). For prior history, see Register 76, No. 6.

2. Repealer and new section filed 7-21-76; effective thirtieth day thereafter (Register 76, No. 30).

3. Amendment of subsections (b) and (d) and new subsection (i) filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13).

4. Amendment of subsections (a)(1) and (a)(2)(B) filed 5-6-81; effective thirtieth day thereafter (Register 81, No. 19).

5. Amendment filed 2-7-86; effective thirtieth day thereafter (Register 86, No. 6).

6. Amendment of subsections (g)-(g)(2) filed 3-4-98; operative 4-3-98 (Register 98, No. 10).

7. Amendment of subsections (b), (f)(4), (h)(2) and (h)(3) filed 5-17-99; operative 6-16-99 (Register 99, No. 21).

Article 11. Vehicles, Traffic Control, Flaggers, Barricades, and Warning Signs

§1597. Jobsite Vehicles.

Note • History

Jobsite vehicles as defined in Section 1504 of these Orders, which are utilized on jobsites exclusively and are, therefore, excluded from the provisions of applicable traffic and vehicular codes shall be equipped and operated in the following manner:

(a) Vehicles shall have a service brake system, an emergency brake system, and a parking brake system. These systems may use common components, and shall be maintained in operable condition.

(b) Whenever visibility conditions warrant additional light, all vehicles, or combinations of vehicles, in use shall be equipped with at least two headlights and two taillights in operable condition.

(c) All vehicles, or combination of vehicles, shall have brake lights in operable condition regardless of light conditions.

(d) Vehicles with cabs shall have windshields and powered windshield wipers. Cracked or broken windshields shall be replaced promptly. Where fogging or frosting of windshields is prevalent, operable defogging or defrosting equipment shall be required.

(e) Tools and material shall be secured to prevent movement when transported in the same compartment with employees.

(f) Vehicles used to transport employees shall have seats firmly secured and adequate for the number of employees to be carried.

(g) Vehicles on construction sites, not covered by the provisions of 1596 (g) or applicable provisions of the State of California Motor Vehicle Code shall have installed seat belts and anchorages meeting the requirements of 49 CFR Part 571 (Department of Transportation, Federal Motor Vehicle Safety Standards).

(h) The employer shall require the use of seat belts.

(i) Vehicles excluded from provisions of 1591 and the State of California Motor Vehicle Code shall be equipped with fenders or, if vehicle is not designed for fenders, mud flaps.

(j) Vehicles not covered under other sections shall be checked at the beginning of each shift to assure that the following parts, equipment, and accessories are in safe operating condition and free of apparent damage that could cause failure while in use: service brakes, including trailer brake connections; parking system (hand brake); emergency stopping system (brakes); tires; horn; steering mechanism; coupling devices; seat belts; operating controls; and safety devices. All defects shall be corrected before the vehicle is placed in service. These requirements also apply to equipment such as lights, reflectors, windshield wipers, defrosters, fire extinguishers, etc., where such equipment is necessary.

(k) Where vehicles are operated, temporary covers for conduits, trenches and manholes and their supports, when located in roadways and vehicular aisles, shall be designed to carry at least 2 times the maximum intended vehicular live load and they shall be designed and installed as to prevent accidental displacement.

(l) Exhaust retrofits. If an exhaust retrofit is installed on a vehicle, it shall be installed and maintained in accordance with Section 1591(m).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. New subsection (i) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Editorial correction of subsection (g) (Register 82 No. 3).

4. Amendment of Article 11 Title and Section 1597 filed 9-10-85; effective thirtieth day thereafter (Register 85, No. 37).

5. Editorial correction of Article 11 Title filed 12-3-85; effective thirtieth day thereafter (Register 85, No. 49).

6. Amendment of subsection (d) filed 4-4-96; operative 5-4-96 (Register 96, No. 14).

7. Amendment of first paragraph filed 3-5-2008; operative 4-4-2008 (Register 2008, No. 10).

8. New subsection (l) filed 2-1-2012; operative 3-2-2012 (Register 2012, No. 5).

§1598. Traffic Control for Public Streets and Highways.

Note • History

(a) Where a hazard exists to employees because of traffic or haulage conditions at work sites that encroach upon public streets or highways, a system of traffic controls in conformance with the “California Manual on Uniform Traffic Control Devices for Streets and Highways, September 26, 2006,” which is herein incorporated by reference and referred to as the “Manual”, published by the State Department of Transportation, shall be required so as to abate the hazard.

Note: Additional means of traffic control, such as continuous patrol, detours, barricades, or other techniques for the safety of employees may be employed.

(b) Specifications for the size and design of signs, lights, and devices used for traffic control shall be as described in the “Manual”, pursuant to the provisions of California Vehicle Code Section 21400, which is incorporated by this reference.

(c) Employees (on foot) exposed to the hazard of vehicular traffic shall wear warning garments such as vests, jackets, or shirts manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 107-2004, High Visibility Safety Apparel and Headwear.

(d) During hours of darkness, warning garments shall be retroreflective and shall be manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 107-2004, High Visibility Safety Apparel and Headwear. The retroreflective material shall be visible at a minimum of 1,000 feet. White outer garments with retroreflective material that meets the above requirements may be worn during hours of darkness but not during snow or fog conditions, in lieu of colored vests, jackets and/or shirts.

(e) The employer shall the select the proper type (class) of high visibility safety apparel for a given occupational activity by consulting the Manual, apparel manufacturer, ANSI/ISEA 107-2004, Appendix B or the American Traffic Safety Services Association (ATSSA).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (e) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer and new section filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37).

4. Amendment of section including new subsection (d) filed 11-30-92; operative 12-30-92 (Register 92, No. 49).

5. Amendment of subsections (a), (c) and (d) filed 2-19-97; operative 3-21-97 (Register 97, No. 8).

6. Amendment of subsections (a) and (b) filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).

7. Amendment of subsections (c) and (d) and new subsection (e) filed 7-23-2009; operative 8-22-2009 (Register 2009, No. 30).

§1599. Flaggers.

Note • History

(a) A flagger or flaggers shall be utilized at locations on a construction site where barricades and warning signs cannot control the moving traffic. Unless this section provides differently, the number of flaggers required and matters regarding the deployment of the flagger or flaggers shall be according to the California Manual on Uniform Traffic Control Devices for Streets and Highways, September 26, 2006, published by the State Department of Transportation (the Manual), which is herein incorporated by reference.

(b) When a flagger or flaggers are required, they shall be placed in relation to the equipment or operation so as to give effective warning.

(d) Flaggers shall wear warning garments such as vests, jackets, or shirts manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 107-2004, High Visibility Safety Apparel and Headwear.

(e) During the hours of darkness, flaggers' stations shall be illuminated such that the flagger will be clearly visible to approaching traffic and flaggers shall be outfitted with reflectorized garments manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 107-2004, High Visibility Safety Apparel and Headwear. The retroreflective material shall be visible at a minimum distance of 1,000 feet. White outer garments with retroreflective material that meets the above requirements may be worn during hours of darkness but not during snow or fog conditions, in lieu of colored vests, jackets and/or shirts.

(f) The employer shall select the proper type (class) of high visibility safety apparel for a given occupational activity by consulting the Manual, apparel manufacturer, ANSI/ISEA 107-2004, Appendix B or the American Traffic Safety Services Association (ATSSA).

(g) Flaggers shall be trained in the proper fundamentals of flagging moving traffic before being assigned as flaggers. Signaling directions used by flaggers shall conform to the Manual. The training and instructions shall be based on the Manual and work site conditions and also include the following:

(1) flagger equipment which must be used,

(2) layout of the work zone and flagging station,

(3) methods to signal traffic to stop, proceed or slow down,

(4) methods of one-way traffic control,

(5) trainee demonstration of proper flagging methodology and operations,

(6) emergency vehicles traveling through the work zone,

(7) handling emergency situations,

(8) methods of dealing with hostile drivers,

(9) flagging procedures when a single flagger is used (when applicable),

Documentation of the training shall be maintained as required by Section 3203, Injury Illness and Prevention Program of the General Industry Safety Orders.

(h) Flaggers shall be trained by persons with the qualifications and experience necessary to effectively instruct the employee in the proper fundamentals of flagging moving traffic.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37).

3. Amendment of subsections (c)-(f) filed 11-30-92; operative 12-30-92 (Register 92, No. 49).

4. Amendment of subsections (c), (d) and (e) filed 2-19-97; operative 3-21-97 (Register 97, No. 8).

5. Amendment of subsection (f) and new subsections (f)(1)-(g) filed 8-26-99; operative 9-25-99 (Register 99, No. 35).

6. Amendment of subsection (c) filed 12-29-2006; operative 1-28-2007 (Register 2006, No. 52).

7. Amendment of subsections (d) and (e), new subsection (f) and subsection relettering filed 7-23-2009; operative 8-22-2009 (Register 2009, No. 30).

8. Amendment of subsections (a)-(c) and (g) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).

Article 12. Pile Driving and Pile Extraction

§1600. Pile Driving.

Note • History

(a) A danger zone shall be clearly delineated around the operating hammer where employees involved in cutting, chipping or welding operations shall be prohibited so as to protect them from the hazards of falling objects.

(1) The employer shall establish the danger zone.

(2) The danger zone shall be maintained under the supervision of a competent person.

(b) A blocking device or other effective means capable of safely supporting the weight of the hammer shall be provided to secure the hammer in the leads and shall be used at all times when any employee is working under the hammer.

(1) All pile driver hose connections including those to pile driver hammers, pile ejectors, or jet pipes shall be securely tethered with an adequate length of at least 1/4 inch (0.635 cm) alloy steel chain having 3,250 pounds (1,500 kg) rated capacity (working load limit), or equivalent strength alloy steel cable to prevent the line from thrashing around in case the coupling becomes disconnected.

(A) Chains or wire rope shall not be shortened with knots, bolts or other makeshift devices.

(2) Steam and compressed air line controls shall consist of two shutoff valves. At least one shutoff valve shall be equipped with a quick-acting lever within easy reach of the pile hammer operator.

(d) When used, platforms shall be of sufficient size so that the employee can easily avoid contact with the hammer. It shall be surrounded on all sides, except between the hammer leads, with a railing or guard line 42 to 45 inches in height. Guard lines shall be taut and at least 3/8 inch wire rope or equivalent. If railings are used, they shall be constructed in accordance with Section 1620.

Exception: Pipe or structural steel railings of equivalent strength may be used.

(e) Precautions shall be taken to ensure that objects are secured against wind and accidental displacement, to prevent tools, material, and equipment from falling off elevated platforms. Toeboards shall be installed on all sides of the platform in accordance with Section 1621(b).

(f) Access to Pile Leads.

(1) Leads shall be provided with a continuous ladder or horizontal bracing that is uniformly spaced at intervals no greater than 18 inches, and the leads shall be equipped with adequate anchorages, so that the employee may engage a personal fall protection system to the leads. The personal fall protection system shall comply with the requirements of Article 24.

(2) The operator of the equipment will apply all brakes and necessary safety switches to prevent uncontrolled motion of the equipment before an employee may access the leads.

(g) Sheet Pile Access.

(1) If an employee is required to go aloft on sheet piling, the employee shall use an aerial device or ladder.

(A) Employee(s) shall not ride the hammer, crane load block or overhaul ball.

(B) A crane suspended personnel platform may be used for access if used in accordance with Section 1616.6(p).

(2) Sheet piling shall be firmly stabilized before workers are permitted to work on them.

(3) Stirrups shall be provided for use by employees who must take a position on sheet piles.

(h) Specific Pile Driving Requirements.

(1) Where work is to be performed, walkways at least 20 inches in width shall be provided across piles or other open work with the exception of those piles on which the driver is standing.

(2) Before any type of pile is placed in position for driving, the pile head must be cut square to the driving head and free of concrete spall, steel fragments, or other debris.

(3) Where a drop hammer is used for driving piling other than sheet piling, a driving head or bonnet shall be provided to bell the head of the pile and hold it true in the leads.

(i) Pile Hammer Requirements.

(1) General.

(A) The pile hammer, clamp, power unit and supply hoses shall be inspected in accordance with their manufacturer's recommendations. Associated equipment such as the couplings, support and lifting equipment, rigging and retaining bolts shall be inspected before each shift and periodically during use.

(B) Driving heads shall be kept aligned with the pile and pile hammer as a pile is driven.

(2) Vibratory pile hammers.

(A) When driving with a crane-suspended vibratory pile hammer, the person operating the remote on/off clamp switch shall be in direct visual contact with the signal person.

(B) The exciter (vibratory pile hammer) shall not be unclamped from the pile when there is any line pull on the suspension or when the pile hammer is still vibrating.

(j) Ring buoys shall be provided in accordance with Article 13 and located where readily available at intervals not exceeding 200 feet on all structures over water under the course of construction.

Where employees are concentrated in groups, there shall be additional ring buoys consisting of not less than 1 additional buoy for each 25 employees in that area. Portable standards or equivalent means to hold the ring buoys in plain view shall be provided. Life saving boats shall be provided in accordance with Article 13.

(k) Pile driving from barges and floats. Barges or floats supporting pile driving operations shall meet the requirements of Article 13. All floating rigs, with the exception of small work rafts or pontoons, shall be equipped with at least 2 ring buoys.

(l) In every crew there shall be a designated signaler, and the engine or winch operator shall receive signals from no other except, that when an employee is aloft, the hammer shall not be moved except on the signal of the employee aloft.

Note: For recommended standard hand signals, see Plate C-11.

(m) All deck engines, not operated by an operator on the throttle sides, shall be equipped with a cross extension of the throttle that is within the reach of the spool tender.

(n) Hoist Drums.

(1) Every hoisting drum on a pile driver that uses a pawl and ratchet arrangement to hold it in position shall be equipped with an effective pawl and ratchet capable of holding the rated load capacity when it is suspended.

(2) This pawl shall be readily visible from the engine operator's station or shall be provided with a directly connected and positive telltale device that will be visible.

(3) Pawls which automatically disengage either by relieving the load or rotating the drum are prohibited.

(o) Pile Leads.

(1) Stop blocks shall be provided for the leads to prevent the hammer from being raised against the head block.

(2) Guards or devices shall be provided across the top of the head block to prevent the cable from jumping out of the sheaves.

(3) When the leads must be inclined in the driving of batter piles, provisions shall be made to stabilize the leads.

(4) Pile gates, when used, shall be of a size sufficient to secure piling at the bottom of the leads during driving operations.

(p) Pile Driving Rig Stability.

(1) Guys, outriggers, thrustouts, or counter-balances shall be provided as necessary to maintain stability of pile driver rigs.

(2) Hammers shall be lowered to the bottom of the leads while the pile driver is being moved (traveling).

(3) All employees shall be kept clear when piling is being hoisted into the leads.

(q) When steel tube (pipe) piles are being “blown out,” employees shall be kept well beyond the range of falling materials.

(r) When driving jacked piles, all access pits shall be provided with ladders and bulkheaded curbs to prevent material from falling into the pit.

Note: Section 5158 of the General Industry Safety Orders prescribes the minimum standards for preventing employee exposure to dangerous air contamination and/or oxygen deficiency in confined spaces.

(s) Hoisting of piling shall be done by hooks provided with a means to prevent accidental disengagement or a shackle shall be used in place of a hook.

(t) Taglines shall be used for controlling unguided piles and free hanging (flying) hammers.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (q)-(w) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).

3. Amendment of subsection (f) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

4. Amendment filed 5-24-2004; operative 6-23-2004 (Register 2004, No. 22).

5. Amendment filed 10-27-2010; operative 11-26-2010 (Register 2010, No. 44).

6. Editorial correction amending article heading and subsection (p)(2) (Register 2011, No. 24).

7. Amendment of subsection (k) filed 8-5-2011; operative 9-4-2011 (Register 2011, No. 31).

8. Amendment of subsection (g)(1)(B) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1600.1. Pile Extraction.

Note • History

(a) The rated capacity of the hammer's suspension shall not be exceeded. The manufacturer's recommendations for extracting piling shall be observed at all times.

(b) The provisions of Subsection 1600(i) shall apply to the extraction process.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-27-2010; operative 11-26-2010 (Register 2010, No. 44).

§1601. Methods of Unloading and Storing Piles.

Note • History

Piles shall be unloaded and stored in a controlled manner so that employees are not exposed to the hazard of rolling or falling piles.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).

2. Repealer and new section filed 5-24-2004; operative 6-23-2004 (Register 2004, No. 22).

3. Amendment of section heading and section filed 10-27-2010; operative 11-26-2010 (Register 2010, No. 44).

Article 13. Work Over or Near Water

§1602. Work Over or Near Water.

Note • History

(a) The following safety devices shall be provided for and used by employees at those locations where the danger of drowning exists:

Exception: Where employees are continuously protected by railings, nets, safety belts or other applicable provisions of these Orders.

(1) Personal Flotation Devices (PFD). Employees shall be required to wear U. S. Coast Guard approved personal flotation devices that are marked or labeled Type I PFD, Type II PFD, or Type III PFD, or a U.S. Coast Guard approved Type V PFD that is marked or labeled for use as a work vest for commercial use or for use on vessels.

(2) Ring Buoys. U. S. Coast Guard approved 30-inch ring buoys with at least 150 feet of 600 pound capacity line shall be readily available for emergency rescue operations. Distance between ring buoys shall not exceed 200 feet.

(3) Lifesaving Boats. One or more lifesaving boats, either manually or power-operated, shall be provided and readily accessible at all times. Lifesaving boats shall be properly maintained, ready for emergency use and equipped with oars and oarlocks attached to the gunwales, boathook, anchor, ring buoy with 50 feet of 600 pound capacity line and two life preservers in accordance with Section 1602(a)(1) and (2). Oars are not required on boats that are powered by an inboard motor.

(A) Where, because of swift current, lifeboats cannot be used, a line shall be stretched across the stream with tag lines or floating planks trailing in the water at intervals not to exceed 6 feet. If this is impracticable, some other arrangement for providing effective life lines near the water surface shall be provided.

(4) The employer shall ensure that there is in the vicinity of each barge in use at least one portable or fixed ladder which will reach from the top of the apron to the surface of the water. If the above equipment is not available at the pier, the employer shall furnish it during the time that the barge is in use.

(b) Provisions for rendering first aid and medical assistance shall be in accordance with General Industry Safety orders, Section 3400.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of subsections (a)-(c) to (d)-(h) and new subsections (a)-(c) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer of Article 13 (Section 1602) and new Article 13 (Sections 1602-1603) filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

3. Amendment of subsection (a)(3) filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).

4. Amendment of subsection (a)(1) filed 12-8-2004; operative 1-7-2005 (Register 2004, No. 50).

5. New subsections (a)(4) and (b) filed 8-5-2011; operative 9-4-2011 (Register 2011, No. 31).

§1603. Access to or from Wharves, Floats, Barges, and/or Boats.

Note • History

(a) Ramps for access of vehicles to or between barges shall be of adequate strength, provided with side boards, well maintained, and properly secured.

Note: See also Section 3337.

(b) Unless employees can step safely to or from the wharf, float, barge, or river towboat, either a ramp meeting the requirements of subsection (a), or a safe walkway shall be provided.

(c) When dredge discharge pipe lines are used as walkways, they shall be provided with a flat surface walkway at least 12 inches wide, anchored to the pipe line to prevent displacement. A railing providing at least a single rail or taut rope 42 to 45 inches high shall be provided along one side. When rope is used, it shall be at least as strong as 3/4-inch diameter Manila or at least 3/8-inch diameter wire rope, or equivalent.

(d) Catwalks or platforms shall be at least 20 inches wide with railings provided at all locations over bodies of water more than 4 feet deep. Plank for such use at those locations subject to immersion shall be rough sawn and treated to resist rot. Railings shall be installed in accordance with the provisions of Section 1620.

(e) When the upper end of the means of access rests on or is flush with the top of the bulwark, substantial steps properly secured and equipped with at least one substantial hand rail not less than thirty-four (34) inches or more than thirty-eight (38) inches above the tread nosing shall be provided between the top of the bulwark and the deck.

(f) Obstructions shall not be laid on or across the gangway, ramp, catwalk or other means of access.

(g) The means of access shall be adequately illuminated for its full length.

(h) Jacob's ladders shall be of the double rung or flat tread type. They shall be well maintained and properly secured.

(i) A Jacob's ladder shall either hang without slack from its lashings or be pulled up entirely.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).

2. Amendment of section heading and section filed 8-5-2011; operative 9-4-2011 (Register 2011, No. 31).

§1603.1. Working Surfaces of Barges.

Note • History

(a) Employees shall not be permitted to walk along the sides of covered lighters or barges with coamings more than 5 feet high unless there is a 3-foot clear walkway or a grab or a taut hand line is provided.

(b) Decks and other working surfaces shall be maintained in a safe condition as prescribed by Section 1511.

(c) Employees shall not be permitted to pass fore and aft, or over, or around deck loads, nor shall employees be permitted to walk over deck loads from rail to coaming, unless there is a safe passage.

(d) If it is necessary for an employee to stand at the outboard or inboard edge of the deck load where less than 36 inches of bulwark, rail, coaming, or other protection exists, the employee shall be provided with a suitable means of protection against falling from the deck load.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-5-2011; operative 9-4-2011 (Register 2011, No. 31).

Article 14. Construction Hoists

§1604. Personnel Hoists.

Note • History

Sections 1604.1 through 1604.30 are taken, with revisions necessary to conform to State codification numbering requirements and existing laws, from ANSI 10.4-1973 American National Standard Safety Requirements for Personnel Hoists.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 14 (Sections 1604-1607) and new Article 14 (Sections 1604, 1604.1-1604.30, 1605, 1605.1-1605.21) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46). For prior history, see Register 70, No. 48.

§1604.1. General.

History

(a) Scope.

(1) These Safety Orders apply to the design, construction, installation, operation, inspection, testing, maintenance, alterations, and repair of structures and hoists which are installed inside or outside buildings during construction, alteration, or demolition, and are used to raise and lower workers and other persons connected with, or related to, the building project. The hoist may also be used for transportation of materials.

(2) These Safety Orders shall not apply to hoists for raising and lowering materials with no provision for carrying personnel nor to mine hoists.

(3) Endless belt-type manlifts are prohibited for use as personnel hoists.

(4) Non-guided or wire-rope guided hoists are prohibited.

Exception: Wire-rope guided personnel hoists may be used in chimney and stack construction provided the hoist is designed by a civil or mechanical engineer registered in California; the hoist is erected under the supervision of a qualified engineer; the engineering design and calculations have been approved by the Division of Industrial Safety; and, a valid operating permit has been issued by the Division prior to use of the hoist.

(b) Purpose.

The purpose of this Standard is to provide safety requirements for life, limb, and property for those engaged in occupations requiring the use of personnel hoists. The requirements of this Standard are minimum for that purpose.

(1) The employer shall comply with the manufacturer's specifications and limitations applicable to the operation of all hoists and elevators. Where manufacturer's specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a professional engineer competent in the field.

(2) Personnel hoists used in bridge tower construction shall be approved by a registered professional engineer and erected under the supervision of a qualified engineer competent in this field.

HISTORY

1. Amendment of subsection (a)(4) filed 3-30-76 as an emergency; effective upon filing (Register 76, No. 14).

2. Amendment of subsection (a)(4) filed 7-30-76 as an emergency; effective upon filing (Register 76, No. 31).

3. Certificate of Compliance filed 8-13-76 (Register 76, No. 33).

§1604.2. Related Standards.

(a) These Personnel Hoist Safety Orders are supplemented by the following:

(1) The General Industry Safety Orders requirements for floor and wall openings, railings and toeboards.

(2) The Elevator Safety Orders.

(3) American National Standard Building Code Requirements for Reinforced Concrete, A89.1-1972 (ACI 318-71).

(4) The Electrical Safety Orders.

(5) American Welding Society, Structural Welding Code Z49.1-1973.

(6) American Institute of Steel Construction. Specification for the Design, Fabrication and Erection of Structural Steel for Buildings, 1969.

(7) American Gear Manufacturers Association Standards AGMA 210.02, AGMA 220.02 and AGMA 240.01.

§1604.3. Definitions. [Repealed]

History

HISTORY

1. Change without regulatory effect repealing section filed 10-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 44).

§1604.4. Temporary Use of Permanent Elevators for Carrying Workers or Materials.

(a) Permanent passenger or freight elevators installed in buildings under construction, modification, or demolition may be used as construction hoists when they have been arranged to meet the requirements of this Article.

(b) Permanent passenger or freight elevators may be used on construction sites on automatic operation after a permit to operate has been issued by the Division.

§1604.5. Construction of Towers, Masts, and Hoistway Enclosures.

Note • History

(a) Tower or Mast Construction.

The tower or mast construction forming the supports for the machinery and guide members shall be designed and installed to support the load and forces specified.

(b) Protection of Spaces Below Hoistways.

Where the space below the hoistway is used for a passageway or is occupied by persons or, if unoccupied, is not secured against unauthorized access, the following requirements shall be met:

(1) Hoist counterweights shall be provided with a Type “A” or “B,” or rack and pinion safety. Broken-rope type safeties may be provided on car counterweights.

Exception: Where it can be demonstrated by recognized engineering calculations, submitted in writing by a qualified engineer, that the structure over the passageway, vault, or other usable space is capable of withstanding the impact of the counterweights falling their maximum distance, no safety device need be provided.

(2) The cars and counterweights shall be provided with spring or oil buffers conforming to the following:

(A) Spring or oil buffers shall conform with Section 1604.14.

(B) Spring buffers for hoists shall be so designed and installed that they will not be fully compressed when struck by the car with its rated load and by the counterweight at governor-tripping speed where the safety is governor-operated and at 125% of rated speed where the safety is not governor-operated.

(3) Car and counterweight buffer supports shall be of sufficient strength to withstand without permanent deformation the impact resulting from buffer engagement at governor-tripping speed where the safety is governor-operated and at 125% of rated speed where the safety is not governor-operated.

(1) Hoists Located Outside of Structures.

For hoists located outside of structures, the enclosures, except those at the lowest landing, may be omitted on the sides where there is no floor or scaffold adjacent to the hoistway. Enclosures on the building side of the hoistway shall be full height or a minimum of 8 feet at each floor landing. Enclosure at the pit shall be not less than 8 feet on all sides.

(2) Hoists Located Inside of Structures.

For hoists located inside of structures, the hoistway shall be enclosed throughout its height.

(3) Design.

Hoistway enclosures shall be so supported and braced that when subjected to a pressure of 100 pounds applied horizontally at any point, the deflection shall not exceed 1 inch and shall not reduce the running clearance below the minimum required in Section 1604.11(a).

Hoistway enclosures, if of openwork, shall be provided on all sides within the building or structure with an unperforated kickplate extending not less than 12 inches above the level of each floor above the lowest.

(d) Hoist Structure.

(1) Hoists shall be supported by a firm foundation of such dimensions as to adequately distribute the transmitted load so as not to exceed the safe load bearing capacity of the ground upon which such hoists are erected.

(2) Each hoist structure shall be anchored to the building or other structure at vertical intervals not exceeding 30 feet. Where the building or other structure is of such character that tie-ins cannot be made, the hoist structure shall be guyed by means of a suitable number of guys. Such guys shall be fastened to adequate anchorages to ensure hoist structure stability. When wire rope is used for guys, the rope shall be at least 1/2-inch in diameter.

(3) Tie-ins shall conform to, or be equal to, the manufacturer's specifications and shall remain in place until the tower or mast is dismantled.

(4) The free-standing portion of the hoist structure shall be in accordance with manufacturer's specifications.

(5) Cars in multiple hoistways are prohibited when one or more cars are designed according to the requirements of Section 1605.9 for material hoists.

(6) Each personnel hoist shall be independently powered and operated.

(7) Booms shall be prohibited on hoists and structures.

Exception: Booms used to erect rack and pinion towers.

(e) Erection and Dismantling.

Personnel and building materials connected with, or related to, the building project may not be moved by the hoist while erection, dismantling or inspection of the hoist are taking place.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c)(3) and new Note filed 1-28-2003; operative 2-27-2003 (Register 2003, No. 5).

§1604.6. Hoistway Doors and Door Locking Devices.

Note • History

(a) Height, Material, and Installation.

(1) Hoistway doors shall be not less than 6 feet 6 inches high.

(2) Hoistway doors and gates including their components, such as guides, guide shoes, tracks, locking devices, hangers, hinges, etc., shall be so designed, constructed, installed and maintained that the fully closed door or gate shall not deflect beyond the centerline of the car-to-landing sill clearance when subjected to a force of 75 pounds applied perpendicular to the door or gate and distributed over an area of 1 square foot on any part of the door or gate, including the components.

(3) When subjected to a force of 250 pounds applied as described in subsection (a)(2), doors or gates and their components shall not be displaced from their supports, guides, tracks, hinges, latches and locking devices, or be permanently deformed or otherwise made inoperative.

(4) Where multi-section doors or gates are used, each panel shall withstand the forces specified in subsections (a)(2) and (a)(3).

(5) Solid doors, where used, shall be provided with a vision-panel or panels having an opening width of not more than 6 inches, and an area not more than 80 square inches per panel covered with expanded metal or wire mesh which shall reject a 3/4-inch ball or clear material having equivalent strength. The vision panel shall withstand a force of 75 pounds applied perpendicularly to any part of the panel and distributed over an area of 1 square foot with no greater deflection than any other part of the door as allowed in subsection (a)(2).

(b) Door Locking Devices.

Landing doors shall be provided with a means that will lock the doors mechanically so that they cannot be opened from the landing side.

These locks shall, at the landings other than the lowest landing, be of a type that can be released only by a person in the car.

If the door at the lowest terminal landing is locked automatically when closed with the car at the landing, it shall be provided with means to unlock it from the landing side to permit access to the car. The means provided shall be accessible only to authorized persons. A hook and eye shall be prohibited as a door locking device.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a), new subsections (a)(1)-(5) and new Note filed 1-28-2003; operative 2-27-2003 (Register 2003, No. 5).

§1604.7. Overhead Beams, Foundations, and Flooring Over Hoistway.

(a) Overhead Beams and Foundations.

Overhead beams and foundations for the direct support of the machinery or sheaves, or both, shall conform to the following requirements:

(1) Beams and Supports Required.

Machines, machinery, and sheaves shall be so supported and maintained in place as to effectually prevent any part from becoming loose or displaced under the conditions imposed in service.

Supporting beams, if used, shall be of steel or reinforced concrete. Beams are not required under machines, sheaves, and machinery or control equipment which are supported on floors, provided such floors are designed and installed to support the load imposed thereon.

(2) Overhead Beams, Floors, and Their Supports.

Overhead beams, floors, and their supports shall be designed for not less than the sum of the following loads:

(A) The load resting on the beams and supports which shall include the complete weight of the machine, sheaves, controller, governor, and any other equipment, together with that portion, if any, of the machine room floor supported thereon.

(B) Twice the sum of the tensions in all wire ropes supporting the car, passing over sheaves or drums supported by the beams, with rated load in the car.

(3) Foundations, Beams, and Floors for Machinery and Sheaves Not Located Directly Over the Hoistway.

For machines and sheaves located below, or at the sides of, the hoistway, the foundation for the machine and sheave beams and their supports shall be designed to withstand loads as follows:

(A) The foundation shall support the total weight of the machine, sheaves, and other equipment, and the floor, if any.

(B) The sheave beams and the foundation bolts shall withstand twice the vertical component of the tensions in all hoisting ropes passing over sheaves or drums on the foundation or beams, less the weight of the machine or sheaves.

(C) The sheave beams and the foundation bolts shall withstand twice the horizontal component, if any, of the tensions in all hoisting ropes passing over sheaves or drums on the foundation or beams.

(D) The foundation shall withstand twice the overturning moment, if any, developed by the tensions in all the hoisting ropes passing over sheaves or drums on the foundation or beams.

(4) Securing of Machinery and Equipment to Beams, Foundations, or Floors.

(A) Overhead Beams and Floors.

Machinery or equipment shall be secured to, and supported on or from the top of, overhead beams or floors.

Exceptions:
1. Secondary or deflecting sheaves of traction hoists.
2. Devices and their accessories for limiting or retarding car speed.

(B) Beams or Foundations Supporting Machinery and Sheaves Not Located Directly Over the Hoistway.

Machines and sheaves located below, or at one side of, a hoistway shall be anchored to beams, foundations, or floors with bolts, shall conform to American National Standard Specification for Low-Carbon Steel Externally and Internally Threaded Standard Fasteners, G38.5-1969 (ASTM A307-68), and shall be of sufficient size and number to withstand the applicable load conditions specified under Section 1604.7(a)(2). Based on these initial loads, total tension in anchor bolts shall not exceed 12,00 lb./in.2 of net section, and the total shear shall not exceed 8,600 lb./in.2 of actual area in the shear plane. Where bolts are used through sloping flanges of structural shapes, the bolt heads shall be of the tipped or beveled-head type or shall be fitted with beveled steel washers, and nuts on sloping flanges shall seat on beveled steel washers.

Exception: Bolts made of steel having a greater strength than that specified by American National Standard G38.5-1969 (ASTM A307-68) may be used and the maximum allowable stresses increased proportionally based on the ratio of the ultimate strengths. Elongation must conform to the requirements of the corresponding American National Standard.

Where hoisting ropes are secured to the structure above a hoistway, the hitch plates and hitch plate blocking beams, where used, shall be secured to, and mounted on top of, overhead beams, machine beams, or on top of auxiliary beams connected to the webs of overhead beams. Hitch plates, blocking beams or auxiliary beams shall be secured by bolting, riveting, or welding, and shall be so located that the tension in the hoisting ropes will not develop direct tensions in the bolts or rivets. Bolts shall conform to American National Standard G38.5-1969 (ASTM A307.68), American National Standard Specification for High Strength Bolts and Structural Steel Joints, Including Suitable Nuts and Plain Hardened Washers, G38.6-1972 (ASTM A325-71a), or American National Standard Specifications for Quenched and Tempered Alloy Steel Bolts for Structural Steel Joints, G24.19-1972 (ASTM A490-71). Rivets shall conform to American National Standard Specification for Steel Structural Rivets, G42.2-1968 (ASTM A502-65). Welding shall conform to American Welding Society, Structural Welding Code D1.1. Where bolts and rivets are subject to shearing stresses due to tensions in the hoist ropes, the total shear shall not exceed 8,600 lb./in.2 of actual area in the shear plane. Except where friction-type connections are used in accordance with American National Standard G38.6-1972 (ASTM A325-71a) and American National Standard G24.19-1972 (ASTM A490-71), the allowable stresses per Section 1604.7(a)(5)(A) shall be used.

The stresses in welds due to tensions in the hoisting ropes shall not exceed 12,000 lb./in.2 based on the throat area of the weld.

The hitch plate supporting beams shall be designed to withstand twice the sum of the tension in all hoisting ropes attached to the hitch plates.

Total stresses in tension plus bending in hitch plates and hitch plate shapes shall not exceed 12,000 lb./in.2

Exception: Bolts made of steel having a greater strength than specified by American National Standard G38.5-1969 (ASTM A307-68) may be used and the maximum allowable stresses increased proportionally based on the ratio of the ultimate strengths. Elongation must conform to the requirements of the corresponding American National Standard.

(D) Cast Metals in Tension or Bending.

Cast metals having an elongation of less than 20% in a length of 2 inches, which are subject to tension or bending, shall not be used to support machinery or equipment from the underside of overhead beams or floors.

(5) Allowable Stresses for Machinery and Sheave Beams, or Floors and Their Supports.

The unit stresses for all machinery and sheave beams, and floors and their supports, based on the loads computed as specified under Section 1604.7(a)(2), shall not exceed 80 percent and the unit stresses in tower or mast structures shall not exceed one hundred percent of those permitted for static loads by the following standards:

(A) Structural Steel.

AISC Specification for the Design, Fabrication and Erection of Structural Steel for Building.

(B) Reinforced Concrete.

Building Code Requirements for Reinforced Concrete ANSI A89.1 (ACI 318).

Where stresses due to loads other than hoist loads, supported on the beams or floor, exceed those due to the hoist loads, 100 percent of the permitted stresses may be used.

(b) Flooring Over Hoistway.

Where the hoisting machine is installed at the top of the hoistway, a solid floor shall be provided for maintenance, inspection, and lubrication. The floor shall be of 2-inch plank, or the equivalent, secured against movement with guardrails installed on all open sides. Where the hoisting machine is located at the bottom of the hoistway suitable access shall be provided for maintenance, inspection, and lubrication of top cathead and sheaves.

§1604.8. Electrical Wiring, Fittings, and Fixtures.

(a) Wiring, Raceways, and Cables in Hoistways and Machine Rooms.

Main feeders for supplying power to the hoist may be installed inside or outside the hoistway.

(1) Only such electrical wiring, raceways, and cables used directly in connection with the hoist may be installed inside the hoistway.

(A) All conduits, armored cables, electrical metallic tubing, metal wireways, flexible conduits, and cabled conductors located within hoistways shall be securely fastened to the hoistway construction or to the guide member(s), or to the guide member supports.

(2) The installation of all electrical wiring in hoistways and machine rooms, except as may be provided elsewhere in this Standard, shall conform to the requirements of the Electrical Safety Orders.

Traveling cables, where used between the car and hoistway wiring, shall be Type E.O., E.T.T., S.O., or a type approved by an accepted testing laboratory.

(b) Enclosure of Live Parts on Cars and in Hoistway.

All live parts of electrical apparatus, located in or on hoist cars or in their hoistways, shall be suitably enclosed to protect against accidental contact.

The maximum circuit voltage of control or operating circuits permitted in or on hoist cars and their hoistways shall not exceed that specified in Section 1604.24(c)(1).

Where the hoistway is exposed to the weather, as in open shafts outside the structure; the electrical wiring, fittings, fixtures, and switches shall be weatherproof.

Slack rope switches, where required, lower normal-terminal and lower final-terminal hoistway limit switches, slowdown switches, and pit stop switches shall be located as far above the bottom of the pit as practicable.

§1604.9. Protection of, and Access to, Machinery and Control Equipment, and Lighting of Machinery Spaces.

(a) Access shall be provided to the machinery and control spaces to permit proper lubrication and maintenance of the equipment.

(b) Machinery and control equipment shall be protected from the weather and from access by unauthorized persons.

§1604.10. Bottom and Top Clearances and Runbys for Cars and Counterweights.

History

(a) Bottom Car Clearances.

When the car rests on its fully compressed buffer, there shall be a vertical clearance of not less than 2 feet between the pit area (ground or foundation) and the lowest structural or mechanical part, equipment, or device installed beneath the car platform except guide shoes or rollers, safety-jaw assemblies, and platform aprons, guards, or other equipment located within 12 inches horizontally from the sides of the car platform (See Figure 1).

When the car rests on its fully compressed buffer, no part of the car or any equipment attached thereto shall strike any part of the pit or any part of the equipment located therein.

(1) The bottom clearance should be determined as shown in Figure 1 and should be not less than the following:

(A) Where no equipment under the car platform, except as noted in Figure 1, projects below the bottom of the car frame plank channel, c = 2'0”.

Embedded Graphic 08.0203

Figure 1 -- Bottom Car Clearance

(B) Where any equipment under the car platform, except as noted in Figure 1, projects a distance, d, below the bottom of the car frame plank channel, c = d + 2'0”.

(b) Bottom Runby for Counterweighted Hoists.

The bottom runby of cars and counterweights shall be not less than 6 inches.

Exception: Where spring return-type oil buffers are used, the runby may be eliminated so that the buffers are compressed by not more than 25% of their stroke when the car floor is level with the terminal landings.

(1) Where spring buffers are used, a minimum of 6 inches shall be required where generator field control is used; where rheostatic control is used, not less than the following minimum runbys shall apply:

Rated Speed Runby

(feet per minute) (inches)

51 to 200 9

201 to 600 12

The bottom runby of uncounterweighted elevators shall be not less than 6 inches.

(d) Maximum Bottom Runby for Permanent Elevators Used as Hoists.

(1) Twenty-four inches for cars.

(2) Thirty-six inches for counterweights.

(e) Top Car Clearances for Counterweighted Hoists.

The top car clearance shall be not less than the sum of the following:

(1) The bottom counterweight runby.

(2) The stroke of the counterweight buffer used.

(3) Two feet or the distance which any sheave or any other equipment mounted in or on the car crosshead projects above the top of the car crosshead, whichever is greater.

(4) Where an oil buffer is used for the counterweight and no provision is made to prevent the jump of the car at counterweight buffer engagement, add one-half the gravity stopping distance based on 115% of rated speed, or one-half the counterweight buffer stroke if a reduced stroke buffer conforming to Section 1604.14(c) is used. Where counterweight spring buffers are used, add one-half the gravity stopping distance based on governor-tripping speed.

(f) Top Car Clearance for Uncounterweighted Hoists.

The top car clearance shall be not less than 2 feet 6 inches.

(g) Top Counterweight Clearances.

The top counterweight clearance shall be not less than the sum of the following:

(1) The bottom car runby.

(2) The stroke of the car buffer used.

(3) Six inches.

(4) Where an oil buffer is used for the car and no provision is made to prevent the jump of the counterweight at car buffer engagement, add one-half the gravity stopping distance based on 115% of rated speed, or one-half the car buffer stroke if a reduced stroke buffer conforming to Section 1604.14(c) is used.

Where car spring buffers are used, add one-half the gravity stopping distance based on governor-tripping speed.

(h) Overhead Clearances Where Overhead Beams Are Not Over Car Crosshead.

Where overhead beams or other overhead hoistway construction except sheaves are located vertically over the car, but not over the crosshead, the clearance from the car top to such beams or construction, when the car is level with the top landing, shall be not less than the amount specified in Sections 1604.10(e) and 1604.10(f).

(i) Equipment on Top of Car Striking Overhead Structure.

When the car crosshead, or car top where no crosshead is provided, is at a distance of 2 feet from the nearest obstruction above it, no equipment on top of the car shall strike any part of the overhead structure or the equipment located in the hoistway.

(j) Gravity Stopping Distances.

The following formula gives the value of the stopping distance based on gravity retardation from any initial velocity:

Embedded Graphic 08.0204

where

V = initial velocity, in feet per minute

S = free fall, in inches (gravity stopping distance)

Figure 2 shows the gravity stopping distances from various initial velocities.

Embedded Graphic 08.0205

HISTORY

1. Change without regulatory effect repealing and adopting new Figure 1 within subsection (a)(1)(A) filed 5-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 21).

§1604.11. Horizontal Car and Counterweight Clearances.

(a) Clearance Between Car and Hoistway Enclosures.

The clearance between the car and the hoistway enclosure shall be not less than 3/4-inch except on the sides used for loading and unloading.

(b) Clearance Between Car and Counterweight and Counterweight Screen.

The clearance between the car and counterweight shall be not less than 1 inch. The clearance between counterweight and the counterweight screen, and between the counterweight and the hoistway enclosure, shall be not less than 3/4-inch.

The clearance between the car platform sill and the hoistway edge of any landing sill, or the hoistway side of any vertically sliding counterweighted hoistway door or of any vertically sliding counterweighted hoistway door or of any vertically sliding counterbalanced biparting hoistway door, shall be not less than 1/2-inch where side guides are used and not less then 3/4-inch where corner guides are used. The maximum clearance shall be not more than 1 1/2-inches.

(d) Clearance Between Car Platform Sills and Hoistway Enclosures. The clearance between the edge of the car platform and the hoistway enclosure at each landing for the full width of the clear car gate opening shall be not more than 8 inches.

(e) Measurement of Clearances.

The clearances specified in this Section shall be measured with no load on the car platform.

§1604.12. Location and Guarding of Counterweights.

Note • History

(a) Location of Counterweights.

Counterweights shall be located either in or on the hoist structure which they serve.

(b) Counterweight Pit Guards.

(1) Design, Construction, and Location of Guards.

Guards shall extend from a point not more than 12 inches above the pit floor to a point not less than 6 feet or more than 8 feet above such floor, and shall be fastened to a metal frame properly reinforced and braced to be at least equal in strength and stiffness to No. 14 U.S. Gage Sheet Steel.

(1) Hoists Located Outside of Structure.

For hoists located outside of structures, the enclosures, except those at the lowest landing, may be omitted on the sides where there is no floor or scaffold adjacent to the counterweight way. Enclosures on the building side of the counterweight way shall be full height or a minimum of 8 feet at each floor landing. Other enclosures, where required, shall not be less than 8 feet high.

(2) Hoists Located Inside of Structure.

For hoists located inside of structures, the counterweight way shall be enclosed its full height.

(d) Pit Access. All doors, gates, or other entryways into the counterweight pit area shall be locked so as to prevent access by unauthorized personnel.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, Labor Code.

HISTORY

1. New subsection (d) filed 12-13-90; operative 1-12-91 (Register 91, No. 3).

§1604.13. Car and Counterweight Guide Members, Guide Member Supports, and Fastenings.

(a) Requirement for Guide Members.

Personnel hoists shall be provided with car and counterweight guide members.

(b) Material.

Guide member(s), guide member brackets, rail clips, fishplates, and their fastenings shall be of steel or other metals conforming to the requirements as follows:

(1) Members, Brackets, Fishplates, and Rail Clips.

Members, brackets, fishplates, and rail clips shall be made of open hearth steel, or its equivalent, having a tensile strength of not less than 55,000 lb./in.2 and having an elongation of not less than 22% in a length of 2 inches.

(2) Bolts.

Bolts shall conform to American National Standard Specification for Low Carbon Steel Externally and Internally Threaded Standard Fasteners, G38.5-1969 (ASTM A307-68), American National Standard Specification for High Strength Bolts for Structural Steel Joints, Including Suitable Nuts and Plain Hardened Washers, G38.6-1972 (ASTM A325-71a), or American National Standard Specification for Quenched and Tempered Alloy Steel Bolts for Structural Steel Joints, G24.19-1972 (ASTM A490-71).

(3) Rivets.

Rivets shall conform to American National Standard Specification for Steel Structural Rivets, G42.2-1968 (ASTM A502-65).

(4) Requirements for Metals Other Than Steel.

Metals other than steel may be used provided the factor of safety is not less than, and the deflections not more than, the values specified in Section 1604.13(b), and provided that cast iron is not used.

(1) Guide Members.

The stresses in a guide member, or in the member and its reinforcement, due to the horizontal forces imposed on the member during loading, unloading, or running, calculated without impact, shall not exceed 15,000 lb./in.2 based upon the class of loading, and the deflection shall not exceed 1/4-inch.

Exception: Where steels of greater strength than those specified under Section 1604.13(b) are used, the stresses specified may be increased proportionately based on the ratio of the ultimate strengths.

(2) Fastenings and Supports.

The guide member fastenings and supports shall be capable of resisting the horizontal forces imposed by the loading with a total deflection at the point of support not in excess of 1/8-inch.

(d) Overall Length of Guide Members.

The top and bottom ends of each run of guide member shall be so located in relation to the extreme positions of travel of the car and counterweight that the car and counterweight guide shoes or rollers cannot travel beyond the ends of the guide members.

(e) Guide Member Fastenings and Supports.

(1) Design and Strength of Fastenings and Supports.

The supports of the guide members, and the guide member fastenings, shall be of such design as to safely withstand the application of the car or counterweight safety when stopping the car and its rated load or the counterweight, and withstand the forces specified in Section 1604.13(c) within the deflection limits specified.

(2) Fastenings.

Guide member fastenings, when used, shall be secured to their supporting structure by means of structural bolts, clips, rivets, or by welding. Fastening bolts and bolt holes in fastenings and their supporting beams shall conform to the requirements of Section 1604.13(f). Welding shall conform to the requirements of American Welding Society Code D1.1.

(f) Type of Fastenings.

Guide members shall be secured by clips, rivets, bolts, or welds.

Bolts used for fastening shall be of such strength as to withstand the forces specified under Section 1604.13(c).

Welding, where used, shall conform to the requirements of American National Standard Z49.1-1973.

§1604.14. Car and Counterweight Buffers.

(a) Type and Location.

(1) Spring or Oil Buffers.

Buffers of the spring or oil type shall be installed under the cars and counterweights of personnel hoists.

Note: Section 1604.5(b)(1) requires buffers under all cars and counterweights in hoistways which are above accessible spaces.

Spring buffers or their equivalent may be used where the rated speed is not in excess of 300 feet per minute.

Exception: For rated speeds of 301 to 600 feet per minute, spring buffers having a stroke of not less than 12 inches may be used provided a terminal speed limiting device conforming to the requirements given under Section 1604.23(d) is provided.

(2) Location.

Buffers shall be located symmetrically with reference to the vertical center line of the car frame or the counterweight frame within a tolerance of 2 inches.

(b) Construction and Requirements for Spring Buffers.

(1) Buffer Stroke.

The stroke of the buffer spring, as marked on its marking plate, shall be equal to, or greater than, the following:

Rated Car Speed Stroke

(feet per minute) (inches)

100 or less 1 1/2

101 to 150 2 1/2

151 to 200 4

201 to 250 6

251 to 300 9

(2) Buffers for Cars and Counterweights.

Buffers for cars and counterweights shall be of the following:

(A) Capable of supporting, without being compressed solid, a static load having a minimum of twice the total weight of the car and its rated load for car buffers, and the counterweight for counterweight buffers.

(B) Compressed solid with a static load of three times the weight of the car and its rated load for car buffers, and the counterweight for counterweight buffers.

Exception: When the requirements of Section 1604.5(b)(2) necessitate a greater load rating.

(3) Marking Plate.

Each spring buffer shall have permanently attached to it a metal plate marked in a legible and permanent manner to show its stroke and load rating.

(1) When oil buffers are used they shall comply with Section 3031 of the Elevator Safety Orders.

(2) When oil buffers are used and the air temperature is below 0oF, means to maintain the temperature of the oil above 0oF or above the pour point of the oil, whichever is lower, shall be provided.

(3) Terminal speed limiting devices installed in connection with reduced stroke oil buffers shall conform to the requirements of Section 1604.23.

§1604.15. Counterweights.

(a) General Requirements.

(1) Sectional Counterweights.

Sectional counterweights and frames shall be so designed as to retain the weights securely in place.

(2) Horizontal Clearances Between Car and Counterweight and Counterweight Screen.

The clearance between the car and the counterweight shall be not less than 1 inch. The clearance between counterweight and the counterweight screen and between counterweight and the hoistway enclosure shall be not less than 3/4 inch.

(b) Design Requirements for Counterweights.

The weight of the counterweight shall be not more than the total weight of the car plus 50% of the rated load.

A hoist car shall not be used to counterbalance another hoist car.

(d) Compensating Chain or Rope Fastenings.

Compensating chains or ropes, when used, shall be fastened to the counterweight or to the counterweight frame and shall not be fastened to tie rods.

§1604.16. Car Frames and Platforms.

History

(a) Requirement for Car Frames.

Every hoist car shall have a frame. The car frame and platform may be an integral part of the car construction.

(b) Guide Members.

Car frames shall be guided on each guide member by upper and lower guide shoes or rollers attached to the frame.

The frame and its guide shoes or rollers shall be designed to withstand the forces resulting under the loading conditions for which the hoist is designed.

(d) Underslung or Subpost Car Frames.

The vertical distance between the top and bottom guide shoes of a hoist car having a subpost car frame, or having an underslung car frame located entirely below the car platform, shall be not less than 40% of the distance between guide rails.

(e) Car Platforms.

Every car shall have a platform consisting of a nonperforated floor attached to a platform frame supported by the car frame and extending over the entire area within the car enclosure. The platform frame members and the floor shall be designed to withstand the forces developed under the loading conditions for which the hoist is designed and installed.

(f) Materials for Car Frames and Platform Frames.

(1) Car frames and outside members of platform frames shall be made of steel or other metals.

(2) Cast iron shall not be used for any part subject to tension, torsion, or bending.

Exception: Exceptions are guide rollers, guide shoes and compensating rope anchorages.

(3) Steel, where used in the construction of car frames and platforms, shall conform to the requirements given in Sections 1604.16(f)(3)(A) and 1604.16(f)(3)(B).

Exception: Steels of greater strength than those specified may be used provided they have an elongation of not less than 22% in a length of 2 inches and provided that the stresses and deflections conform to the requirements of Sections 1604.16(h) and 1604.16(i), respectively.

(A) Car Frame and Platform Frame Members.

Steel shall be rolled, forged, or cast, conforming to the requirements of the following American National Standards:

1. Rolled and Formed Steel: American National Standard Specification for Structural Steel, G41.5-1970 (ASTM A36-69) or American National Standard Specification for Low and Intermediate Tensile Strength Carbon Steel Plates of Structural Quality, G24.2-1972 (ASTM A283-70a), Grade D.

2. Forged Steel: American National Standard Specification for Carbon Steel Forgings for General Industrial Use, G55.20-1969 (ASTM A235-67), Class C.

3. Cast Steel: American National Standard Specifications for Mild to Medium strength Carbon Steel Castings for General Application, G50.1-1972 (ASTM A27-71), Grade 60/30.

(B) Rivets, Bolts, and Rods.

Steel used for rivets, bolts, and rods shall conform to the following American National Standards:

1. Rivets: American National Standard Specification for Steel Structural Rivets, G42.2-1968 (ASTM A502-65).

2. Bolts and Rods: American National Standard Specification for Low Carbon Steel Externally and Internally Threaded Standard Fasteners, G38.5-1969 (ASTM A307-68).

(4) Metals other than steel may be used in the construction of car frames and platforms provided the metal used has the essential properties to meet all the requirements for the purpose in accordance with good engineering practice, and provided the stresses and deflections conform to the requirements of Sections 1604.16(h) and 1604.16(i), respectively.

(g) Car Frame and Platform Connections.

Connections between members of car frames and platforms shall be riveted, bolted, or welded, and shall conform to the following requirements:

(1) Bolts. Bolts, where used through sloping flanges of structural members, shall have bolt heads of the tipped head type or shall be fitted with beveled washer.

(2) Nuts.

Nuts, used on sloping flanges of structural members, shall seat on beveled washers.

(3) Welding.

Welding of parts upon which safe operation depends shall be performed in accordance with the requirements of the American Welding Society D1.1. At the option of the manufacturer, the welders may be qualified by one of the following:

(A) The manufacturer.

(B) A professional consulting engineer.

Exception: Tack welds not later incorporated into finished welds carrying calculated loads are an exception.

Table 1

Maximum Allowable Stresses* in Car-Frame and Platform Members

and Connections, for Steels Specified in Sections 1604.16(f) (3) (A)

and 1604.16 (f) (3) (B)

Member Type of Maximum Area Basis

Stress Stress (psi)

Car crosshead Bending 12,500 Gross section

Car-frame plank, normal loading Bending 12,500 Gross section

Car-frame plank, buffer reaction Bending 25,000 Gross section

Car-frame uprights (stiles) Bending plus 15,000 Gross section

tension 18,000 Net section

Hoisting-rope hitch Bending plus

shapes or plates tension 8,000 Net section

Platform framing Bending 12,500 Gross section

Platform stringer Bending 15,000 Gross section

Threaded brace rods and other

tension members

except bolts Tension 8,000 Net section

Bolts Tension 7,000 Net section

Bolts in clearance holes Shear 7,000 Actual area

in shear plane

Bolts in clearance holes Bearing 16,000 Gross section

Rivets or tight body fit bolts Shear 10,000 Actual area in

shear plane

Rivets or tight body-fit bolts Bearing 18,000 Gross section

Any framing member,

normal loading Compression 14,000 59L Gross section

* Stresses shall be determined on the basis of a uniformly distributed load over the entire area of the car platform or a single concentrated load placed at the center of the car platform.

(h) Maximum Allowable Stresses in Car Frame and Platform Members and Connections.

The stresses in car frame and platform members and their connections, based on the static load imposed upon them, shall be as follows:

(1) Stresses in steel shall not exceed the stresses listed in Table 1. For steels of greater strength, as permitted by the Exception to Section 1604.16(f)(3), the stresses listed in Table 1 may be increased proportionately based on the ratio of the ultimate strengths.

(2) For metals other than steel, the factor of safety shall be not less than is required for steel as given in Table 1.

(i) Maximum Allowable Deflections of Car Frame and Platform Members.

The deflections of car frame and platform members based on the static load imposed upon them, shall be not more than the following:

(1) For crosshead, 1/960 of the span

(2) For plank, 1/960 of the span

(3) For platform frame members, 1/960 of the span. For uprights (stiles), the moment of inertia shall be not less than determined by the following formula:

Embedded Graphic 08.0206

where

I = moment of inertia of member, gross section, in4

K = turning moment, in inch-pounds

L = free length of uprights, in inches

E = modules of elasticity

H = vertical center distance between upper and lower guide shoes

(j) Car Frames With Crosshead Sheaves.

Where a hoisting rope sheave is mounted on the car frame, the construction shall conform to the following requirements:

(1) Where multiple sheaves mounted on separate sheave shafts are used, provision shall be made to take the compressive forces, developed by tension in the hoist ropes between the sheaves, on a strut or struts between the sheave shaft supports, or by providing additional compressive strength in the car frame or car frame members supporting the sheave shafts.

(2) Where the sheave shaft extends through the web of a car frame member, the reduction in area of the member shall not reduce the strength of the member below that required. Where necessary, reinforcing plates shall be welded or riveted to the member to provide the required strength. The bearing pressure shall in no case be more than that permitted in Table 1 for bolts in clearance holes.

(3) Where the sheave is attached to the car crosshead by means of a single threaded rod or specially designed member or members in tension, the following requirements shall be met:

(A) The single rod, member, or members in tension shall have a factor of safety 50% higher than the factor of safety required for the suspension wire ropes, but in no case less than fifteen.

(B) The means for fastening the single threaded rod, member, or members in tension to the car frame shall conform to the requirements of Section 1604.16(k).

(k) Hoisting Rope Hitch Plates or Shapes.

Where cars are suspended by hoisting ropes attached to the car frame by means of rope shackles, the shackles shall be attached to steel hitch plates or to structural or formed steel shapes. Such plates or shapes shall be secured to the underside or to the webs of the car frame member with bolts, rivets or welds so located that the tensions in the hoisting ropes will not develop direct tension in the bolts or rivets. The stresses shall not exceed those permitted in Section 1604.7(a)(3)(C).

(l) Platform Side Braces.

Where side bracing and similar members are attached to car frame uprights, the reduction in area of the upright shall not reduce the strength of the upright below that required by Section 1604.16.

HISTORY

1. Editorial correction of subsection (f)(2) (Register 2010, No. 34).

§1604.17. Car Enclosures.

(a) Material for Enclosures.

Materials for car enclosures and car enclosure linings shall be metal or wood.

(b) Extent of Enclosures.

Personnel hoist cars shall be permanently enclosed on the top and on all sides except the entrance and exit.

The enclosure shall be securely fastened to the car platform and so supported that it cannot loosen or become displaced in ordinary service, on the application of the car safety, or on buffer engagement.

(d) Deflection of Walls.

The enclosure walls shall be of such strength and so designed and supported that, when subjected to a pressure of 100 pounds applied horizontally on any 4 square-inch area of the walls of the enclosure, the deflection will not reduce the running clearance below 3/4 inch.

(e) Number of Compartments.

Cars shall have not more than one compartment.

(f) Top Emergency Exits.

An emergency exit with a cover shall be provided in the top of all cars and shall conform to the following requirements:

(1) The exit opening shall have an area of not less than 400 square inches and shall measure not less than 16 inches on any one side.

(2) The exit shall be so located as to provide a clear passageway unobstructed by fixed hoist equipment located in, or on top of, the car.

(3) The exit cover shall open outward.

(g) Car Enclosure Tops.

Tops of car enclosures shall be so designed and installed as to be capable of sustaining a load of 300 pounds on any square area 2 feet on a side and 100 pounds applied at any point. Simultaneous application of these loads is not required.

(h) Equipment on Top of Cars.

A working platform or equipment which is not required for the operation of the hoist or its appliances, except where specifically provided in this Standard, shall not be located on the top of a hoist car.

(i) Use of Glass in Cars.

Wire glass or the equivalent shall be used for vision panels. Plain glass may be used only for car operating appliances.

§1604.18. Car Doors, Gates, and Electrical Contacts.

(a) Car Doors and Gates.

(1) Requirement for Door or Gates.

A door or gate shall be provided at each entrance to the car.

(2) Type of Doors.

Doors shall be of the horizontally or vertically sliding type.

(3) Type of Gates.

Gates shall be either of the horizontally or vertically sliding type, subject to the requirements given under Sections 1604.18(a)(5) and 1604.18(a)(9). Scissor type gates shall be prohibited.

(4) Strength of Doors, Gates, and Their Guides, Guide Shoes, Tracks, and Hangers.

Doors and gates and their guides, guide shoes, tracks, and hangers shall be so designed, constructed, and installed that when the fully closed door or gate is subjected to a force of 75 pounds, applied on an area of 1-foot square at right angles to, and approximately at the center of, the door or gate, it will not deflect beyond the line of the car sill. When subjected to a force of 250 pounds similarly applied, doors and vertically sliding gates shall not break or be permanently deformed and shall not be displaced from their guides or tracks. Where multisection doors or gates are used, each panel shall withstand the forces specified.

(5) Sliding Doors and Gates.

Sliding doors or gates shall conform to the following requirements:

(A) Vertically sliding gates shall be of the balanced counterweighted type or the biparting counterbalanced type.

(B) Gates or doors shall be of a design which will reject a ball 1 1/2 inches in diameter.

(D) Balanced counterweighted doors or gates may be either single or multiple section, and may slide either up or down to open.

(6) Weights for Closing or Balancing Doors or Gates.

Weights used to close or balance doors or gates shall be located outside the car enclosure and shall run in guides or be boxed in. Guides shall be of metal, and the bottom of the guides or boxes shall be so constructed as to retain the weight if the suspension member fails.

(7) Suspension Members.

Suspension members of vertically sliding car doors or gates, and of weights used with car doors or gates, shall have a factor of safety of not less than five.

(8) Manual Opening of Car Doors or Gates.

Car doors or gates shall be arranged so that when the car is stopped they may be opened by hand from inside the car, subject to the requirements of Section 1604.18(b)(3).

(9) Number of Entrances Permitted.

There shall be not more than two entrances to the car.

Exception: Special building arrangements requiring more than two entrances and accepted by the division before construction is begun.

(b) Car Door Gate Electric Contacts.

Car doors or gates shall be provided with car door or gate electric contacts.

(1) Location of Car Door or Gate Electric Contacts.

Car door or gate electric contacts shall be so located that they are not readily accessible from the inside of the car.

(2) General Design Requirements.

Car door or gate electric contacts shall conform to the following requirements:

(A) Car door or gate electric contacts shall be positively opened by a lever or other device attached to, and operated by, the door or gate.

(B) Car door or gate electric contacts shall be maintained in the open position by the action of gravity or by a restrained compression spring, or both, or by positive mechanical means.

(3) Mechanical Lock of Car Door on Side Opposite Building or Other Structure.

A mechanical lock shall be provided to prevent opening of the car gate on the side opposite the building or structure, unless the car is at the ground level landing or equivalent.

(4) Closed Position of Car Doors or Gates.

Car doors or gates shall be considered to be in the closed position under the conditions as follows:

(A) Horizontally sliding doors or gates shall be considered to be in the closed position when the clear open space between the leading edge of the door or gate and the nearest face of the jamb does not exceed 2 inches.

(B) Vertically sliding counterweighted doors or gates shall be considered to be in the closed position when the clear open space between the leading edge of the door or gate and the car platform sill does not exceed 2 inches.

(C) Horizontally sliding biparting doors, or vertically sliding biparting counterbalanced doors, shall be considered to be in the closed position when the door panels are within 2 inches of contact with each other.

§1604.19. Car and Counterweight Safeties.

(a) Where Safeties are Required.

The car of every personnel hoist shall be provided with one or more car safety devices of one of the types identified under Section 1604.19(d). The safeties shall be attached to the car frame or supporting structure.

All car safeties shall be mounted on a single car frame and shall operate either on one pair of guide members, on tension members conforming to Section 1604.19(p), or on one vertical rack.

(b) Function and Stopping Distance.

The safety device, or the combined safety devices, where furnished, shall be capable of stopping and sustaining the entire car with its rated load from governor-tripping speed.

Type B safeties shall stop the car with its rated load from governor-tripping speed within the range of the maximum and minimum stopping distances as determined in the following formulas:

Embedded Graphic 08.0207

where

S = maximum stopping distance, in feet

S' = minimum stopping distance, in feet

V = governor-tripping speed, in feet per minute

Table 2 shows the maximum and minimum stopping distances for various governor-tripping speeds.

Counterweight safeties, where furnished shall conform to the requirements for car safeties.

Exceptions:
1. Where otherwise specified in Section 1604.19.
2. For rated speeds of not over 150 feet per minute, counterweight safeties may be operated as a result of the breaking or slackening of the hoisting ropes and may be of the inertia or other approved type without governors.

(d) Types of Safeties.

Car safety devices (safeties) are identified and classified on the basis of performance characteristics. In general, there are three types of safeties that operate to apply pressure on the guide rails or tension members and one type that uses a separately mounted rack and accompanying pinion gear. The former are classified A, B, and C based upon how the safety begins to apply pressure.

(1) Type A Safeties.

These are safeties which develop a rapidly increasing pressure on the guide members during the stopping interval, the stopping distance being very short due to the inherent design of the safety. The operating force is derived entirely from the mass and the motion of the car or the counterweight being stopped. These safeties apply pressure on the guide or tension members through eccentrics, rollers, or similar devices without any flexible medium purposely introduced to limit the retarding force and increase the stopping distance.

(2) Type B Safeties.

These are safeties which apply limited pressure on the guide or tension members during the stopping interval and which provide stopping distances that are related to the mass being stopped and the speed at which application of the safety is initiated. Retarding forces are reasonably uniform after the safety is fully applied. Continuous tension in the governor rope may or may not be required to operate the safety during the entire stopping interval. Minimum and maximum distances are specified on the basis of governor-tripping speed.

(3) Type C Safeties (Type A With Oil Buffers).

These are safeties which develop retarding forces during the compression stroke of one or more oil buffers interposed between the lower members of the car frame and a governor operated Type A auxiliary safety plank applied on the guide or tension members. The stopping distance is equal to the effective stroke of the buffers.

(4) Rack and Pinion Safeties.

These are safeties in which a freely rotating safety pinion, a governor, and a safety device may form an integral unit mounted on the car. The freely rotating pinion travels on a stationary rack mounted vertically on the hoist structure. The rotating pinion drives the governor. When the downward speed of the car reaches the tripping value, the rotating governor actuates the safety device, which, in turn, brings the car to a gradual stop.

Table 2

Maximum and Minimum Stopping Distances

For Other Than Instantaneous

Maximum

Stopping Distances

Governor-Trip (feet-inches)

Rated Speed Speed

(feet per minute) (feet per minute) Minimum Maximum

0 to 125 175 0-1 1-3

150 210 0-2 1-4

175 250 0-3 1-7

200 280 0-4 1-10

225 308 0-5 2-0

250 337 0-6 2-3

300 395 0-8 2-9

350 452 0-1 03-4

400 510 1-1 4-10

450 568 1-5 4-10

500 625 1-8 5-8

600 740 2-4 7-7

(e) Safeties to Stop Ascending Cars or Counterweights.

Safeties shall not stop ascending car or counterweight.

Exception: Safeties of the rack and pinion type.

(f) Governor Actuated Safeties and Safety Switches.

(1) Car safeties and counterweight safeties, where provided, shall be actuated by separate speed governors.

Exception: Speed governors are not required for the operation of counterweight safeties of hoists having a rated speed of not more than 150 feet per minute.

(2) Every car safety shall be provided with a switch operated by the car safety mechanism. This switch shall conform to the requirements given under Section 1604.20(d).

(g) Limits of Use of Various Types of Safeties.

(1) Type A (Instantaneous) Safeties.

Type A safeties may be used on hoists having a rated speed of not more than 200 feet per minute.

(2) Type C Safeties.

Spring buffers may be substituted for oil buffers on Type C car safeties for rated speeds up to and including 300 feet per minute provided that the springs do not fully compress during the operation of the car safety with rated load in the car, and the rate of retardation conforms to the requirements of Section 1604.14(c)(1).

(h) Application and Release of Safeties.

(1) Means of Application.

Safeties shall be applied mechanically. Electric, hydraulic, or pneumatic devices shall not be used to apply the safeties required by Section 1604.19 nor to hold such safeties in the retracted position.

(2) Level of Car on Safety Application.

The application of the safety to stop the car, with one-fourth of its rated load distributed on each quarter of the platform symmetrically with relation to the center lines of the platform, shall not cause the platform to be out of level more than 3/8-inch per foot in any direction.

(3) Release.

When car safeties are applied, no decrease in tension in the governor rope or motion of the car in the down direction shall release the safeties, but such safeties may be released by the motion of the car in the up direction.

(4) Force Providing Stopping Action.

Safeties shall be so designed that on their application the forces which provide the stopping action shall be compressive forces on either side of the guide or tension member section.

Exception: For rack and pinion safeties, the stopping action may be obtained by the engagement of the teeth of the safety pinion on the car and the stationary vertical rack.

(i) Minimum Clearance on Guide Members.

In the normally retracted position of the safety, the distance between the member gripping faces of the safety parts shall not be less than the thickness of the guide member plus 0.14 (9/64) inch, and the clearance on any side between the gripping face and the guide member shall be not less than 0.0625 (1/16) inch as measured on the side of the rail toward which the car frame is pressed with sufficient force to take up all clearances in the guide shoe assembly. Safety jaws, which in the retracted position, shall be so restrained as to prevent a reduction of this minimum clearance.

(j) Maximum Permissible Movement of Governor Rope or Car.

(1) Type B and C Safeties.

For all Type B and C safeties, the movement of the governor rope relative to the car or the counterweights, respectively, required to operate the safety mechanism from its fully retracted position to a position where the safety jaws begin to exert pressure against the guide members shall not exceed the following values based on rated speed:

(A) For car safeties: 200 feet per minute or less, 42 inches; 201 to 375 feet per minute, 36 inches; over 375 feet per minute, 30 inches.

(B) For counterweight safeties: all speeds, 42 inches.

Drum operated car and counterweight safeties, requiring continual unwinding of the safety drum rope to fully apply the safety, shall be so designed that not less than three turns of the safety rope will remain on the drum after the overspeed test of the safety has been made with rated load in the car.

(2) Rack and Pinion Safeties.

For rack and pinion safeties, the travel of the car measured from the governor-tripping time to the full-stop time shall not exceed the following values based on rated speed:

(A) For car safeties: 200 feet per minute or less, 64 inches; 201 to 375 feet per minute, 76 inches; over 375 feet per minute, 78 inches.

(B) For counterweight safeties: all speeds, 78 inches.

(k) Factors of Safety of Safety Parts.

Parts of safeties, except springs, shall have a factor of safety of not less than 3.5, and the materials used shall have an elongation of not less than 15% in a length of 2 inches. Forged, cast, or welded parts shall be stress relieved.

Exception: Safety rope drums, leading sheaves, and their supporting brackets and safety jaw gibs shall be made of metal and shall have a factor of safety of not less than ten.

Rope used as a connection from the safety to the governor rope, including rope wound on the safety rope drum, shall be not less than 3/8-inch in diameter and shall be made of a corrosion resistant metal. Tiller rope construction shall not be used. The factor of safety of the rope shall be not less than five.

All gears shall meet the following standards of the American Gear Manufacturers Association: AGMA 210.02, AGMA 220.02 and AGMA 240.01.

The factors of safety shall be based upon the maximum stresses developed in the parts during the operation of the safety when stopping rated load from governor-tripping speed.

Springs may be used in the operation of car or counterweight safeties. Where used, and where partially loaded prior to safety operation, the loading on the spring shall not produce a fiber stress exceeding one-half the elastic limit of the material. During operation of the safety, the fiber stress shall not exceed 85% of the elastic limit of the material. Helical springs, where used, shall be in compression.

Safety rope loading sheave brackets and other safety operating parts shall not be attached to, or supported by, wood platform members.

(l) Corrosion Resistant Bearings.

Bearings in safeties and of the safety operating mechanism shall be of corrosion resistant construction with one or both members of a bearing made of, or electroplated with, a corrosion resistant material.

(m) Marking Plates.

A metal plate shall be securely attached to each safety so as to be readily visible and shall be marked in a legible and permanent manner with letters and figures not less than 1/4-inch in height, indicating the following:

(1) The maximum tripping speed, in feet per minute, for which the safety may be used.

(2) The maximum weight, in pounds, which the safety as installed is designed to stop and sustain.

(n) Releasing Carriers.

The governor rope releasing carrier on the car or on the counterweight shall be set to require a tension in the governor rope, to pull the rope from the carrier, of not more than 60% of the pull through tension developed by the governor, and the carrier shall be designed so that the pullout tension cannot be adjusted in a normal manner to exceed the amount specified.

(o) Rail Lubricants.

Rail lubricants or coatings which will reduce the holding power of the safety or prevent its functioning as required in 1604.19(b) shall not be used. The use of graphite for lubricants shall be prohibited.

(p) Application of Safeties Upon Suspended Tension Members.

Safeties that apply on tension members suspended from the top of the hoistway and anchored in the pit in lieu of guide members shall be in conformity with the following requirements.

(1) The tension members shall have a minimum factor of safety of ten when the car and its rated load is stopped, with an average retardation of 32 feet per second per second.

(2) Steel wire rope tension members shall be inspected by the procedure set forth under Sections 1604.25(j) and 1604.25(k).

Table 3

Maximum Speeds, in Feet Per Minute, at Which Speed Governor

Trips and Governor Overspeed Switch Operates

Maximum

Maximum Speed at Which

Governor-Trip Governor Overspeed

Rated Speed Speed Switch Operates, Down

0-125 175 175*

150 210 210*

175 250 225

200 280 252

225 308 277

250 337 303

300 395 355

350 452 407

400 510 459

450 568 512

500 625 563

600 740 703

* Governor overspeed switch not required on car speed governors.

Embedded Graphic 08.0208

§1604.20. Governors.

(a) Requirement for Governors and Location.

Car safeties, and counterweight safeties, where furnished, shall be actuated by a speed governor.

The governor shall be located where it cannot be struck by the car or the counterweight in case of over-travel and where there is adequate space for full movement of governor parts.

(b) Tripping Speeds.

(1) Car Governors.

Governors for car safeties shall be set to trip at overspeeds as follows:

(A) At not less than 115% of rated speed.

(B) At not more than the tripping speed listed opposite the applicable rated speed in Table 3. Maximum tripping speeds for intermediate rated speeds shall be determined from Figure 3.

(2) Counterweight Governors.

Governors for counterweight safeties, where provided, shall be set to trip at an overspeed greater than, but not more than 10% above, that at which the car speed governor is set to trip.

Governors shall have their means of speed adjustment sealed after test. If speed governors are painted after sealing, all bearing and rubbing surfaces shall be freed of, or kept free from, paint and a hand test made to determine that all parts operate freely as intended. Seals shall be of a type which will prevent readjustment of the governor-tripping speed without breaking the seal.

(d) Governor Overspeed and Safety Switches.

(1) A switch shall be provided on the governor and operated by the overspeed action of the governor. A switch shall be provided on the governor when used with a counterweight safety. Every car safety shall be provided with a switch operated by the car safety mechanism when the safety is applied. These switches shall, when operated, remove power from the driving-machine motor and brake before, or at the time of, application of the safety. The governor overspeed switch and the safety switch may be the same switch on rack and pinion safeties.

Exception: A period of five years from the effective date of these orders will be allowed during which the overspeed switch on existing governors may be omitted where the governor is of a type not designed to operate a switch.

(2) The setting of the car governor overspeed switch shall conform to the following requirements:

(A) The car governor overspeed switch shall open in the down direction of the hoist at not more than 100% of the speed at which the governor is set to trip in the down direction.

(B) The switch, when set as specified in Section 1604.20(d)(2)(A), shall open in the up direction at not more than 100% of the speed at which the governor is set to trip in the down direction.

Exception: Rack and pinion safeties.

(3) Switches used to perform the functions specified shall be positively opened and shall remain in the open position until manually reset. Switches operated by the car safety mechanism shall be of a type which will not reset unless the car safety mechanism has been returned to the “off” position.

(e) Governor Ropes and Tripping Mechanisms.

(1) Material and Factor of Safety.

Governor ropes shall be of iron, steel, nickel-copper alloys (Monel Metal, or the equivalent), phosphor bronze, or stainless steel, of regular lay construction, and shall be not less than 3/8-inch in diameter. Tiller rope construction shall not be used.

The factor of safety of governor ropes or governor-tripping mechanisms shall be not less than five.

(2) Replacement of Existing Governor Ropes.

Replacement governor ropes shall be of the same size, material, and construction as the rope originally furnished by the hoist manufacturer, except that a rope of the same size but of either different material or construction may be employed provided there is conformance with the requirements of Section 1604.20(g) and a test is made of the car or counterweight safety and speed governor with the new rope to demonstrate that the safety will function as required by Section 1604.19(b).

(3) Governor Rope Clearance.

During normal operation of the hoist, the governor rope shall run free and clear of the governor jaws, rope guards, or other stationary parts.

(4) Splicing Governor Ropes.

Governor ropes shall not be lengthened or repaired by splicing.

(f) Design of Governor Jaws.

Type B and C car and counterweight safeties shall be actuated by a governor equipped with rope-grip jaws which will permit the governor rope to pull through the jaws. The maximum tension in the governor rope to cause it to slip through the governor jaws shall not exceed 1/5 of the rated ultimate strength of the rope.

Governor jaws shall be of such shape and minimum length that no appreciable damage to, or deformation of, the rope shall result from the stopping action of the jaws in operating the car or counterweight safety.

(g) Design of Speed Governor Sheaves and Traction Between the Speed Governor Rope and Sheaves.

The arc of contact between the governor rope and the governor sheaves shall, in conjunction with a governor-rope tension device, provide sufficient traction to cause proper functioning of the governor.

Governor-sheave grooves shall have machine-finished surfaces. Governor tension sheaves shall have machine-finished grooves for rated car speeds of more than 200 feet per minute. Machined governor-sheave grooves shall have a groove diameter of not more than 1 1/8 times the diameter of the governor rope.

The pitch diameter of governor sheaves and governor tension sheaves shall be not less than the product of the diameter of the rope and the applicable multiplier in the following list, based on the rated speed and the number of strands in the rope:

No. of

Rated Speed Strands Multiplier

200 feet per minute or less 6 42

200 feet per minute or less 8 30

Over 200 feet per minute 6 46

Over 200 feet per minute 8 32

(h) Governor Marking Plate.

A plate shall be securely attached to each governor and shall be marked in a legible and permanent manner with letters and figures not less than 1/4-inch in height, indicating the following:

(1) The speed, in feet per minute, at which the governor is set and sealed to trip the governor rope-grip jaws.

(2) The size, material and construction of the governor rope on which the governor jaws were designed to operate.

§1604.21. Capacity and Loading.

History

(a) Inside Net Platform Area.

The inside net platform area (see Figure 4) of the hoist car is determined by the rated capacity of the hoist and shall be no greater than that given in Table 4.

Exception: The rated capacity of hoists with existing oversized cars shall be based on not less than 65 pounds per square foot of inside net platform area. A period of five years from the effective date of these Orders will be allowed for existing personnel hoists to be made to comply with Section 1604.21(a).

Table 4

Relationship of Hoist Rated Capacity

to Inside Net Platform Area

Rated Load Inside Net Platform Area

(pounds) (square feet)

2,000 24.2

2,500 29.1

3,000 33.7

3,500 38.0

4,000 42.2

4,500 46.2

5,000 50.0

10,000 88.0

(b) Capacity and Data Plates.

Every hoist car shall be provided with a capacity plate and a data plate permanently and securely fastened in place. Capacity plates shall be located in a conspicuous place inside the car. Data plates shall be located on the car crosshead.

Exception: For cantilever cars having no crosshead, the data plate shall be located inside the car.

Embedded Graphic 08.0209

Figure 4 -- Inside Net Platform Areas For Personnel-Hoist Cars

(1) Capacity plates shall indicate the following:

(A) The rated capacity of the car, in pounds.

(B) The number of persons (200 pounds per person).

(2) Data plates shall indicate the following:

(A) The weight of the car, including safety and all auxiliary equipment attached thereto.

(B) The rated load and speed.

(d) Material and Marking of Plate.

Plates shall have letters and figures printed, stamped, or etched or cast on the surface of a durable plate in such a manner as to be readily legible at all times. The height of the letters and figures shall not be less than 1-inch for capacity plates, and 1/8-inch for data plates.

(e) Overload Devices.

Overload devices shall not be permitted.

HISTORY

1. Change without regulatory effect repealing and adopting new Figure 4 within subsection (b) filed 5-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 21).

§1604.22. Driving Machines, Sheaves, and Drums.

(a) Type of Driving Machines.

Driving machines shall be powered by electric or hydraulic motors. Hydraulic units, where used shall be electrically driven. The hydraulic drive shall consist of an oil storage tank, a hydraulic pump and a hydraulic motor brake and shall conform to the following requirements:

(1) Valves, piping and fittings shall not be subjected to working pressures exceeding those recommended by the manufacturer for the type of service for which they are used.

(2) Piping shall be so supported as to eliminate undue stresses at joints and fittings, particularly at any section of the line subject to vibration.

(3) Flexible connections shall--where installed in high pressure lines--have a bursting strength of not less than three times the working pressure. Flexible joints may be used in hydraulic lines connecting control or check valves to the motor provided the failure of the flexible sealing element shall not permit separation of the parts connected.

(4) Each pump or group of pumps shall be equipped with a relief valve conforming to the following requirements:

(A) The relief valve shall be located between the pump and the check valve and shall be of such a type and so installed in a bypass connection that the valve cannot be shutoff from the hydraulic system.

(B) The relief valve shall be preset to open at a pressure not greater than 125 percent of the working pressure at the pump.

(C) The size of the relief valve and bypass shall be sufficient to pass the maximum rated capacity of the pump without raising the pressure more than 20 percent above that at which the valve opens. Two or more relief valves may be used to obtain the required capacity.

(D) Relief valves having exposed pressure adjustments, if used, shall have their means of adjustment sealed after being set to the correct pressure.

(5) An electric interlock shall be provided to prevent the start or the movement of the hoist car unless the pump operates at the normal operating speed and pressure.

(6) The brake shall remain in applied position until the pump operates at the normal operating speed and pressure and the movement of the hoist car is initiated.

(7) All components of the hydraulic system shall be shielded.

(b) Winding Drums.

Winding-drum machines may be used irrespective of car travel provided that the drums are grooved for hoisting wire rope. Grooves shall be machine-finished and shall be of the helical or parallel type.

If drums are equipped with helical grooving, only one layer of rope shall be permitted on the drum. If drums are equipped with parallel grooving, (LeBus System, or the equivalent) more than one, but not more than four, layers of rope shall be permitted on the drum.

The car speed for all drives shall not exceed 600 feet per minute.

(d) Diameter of Drums and Sheaves.

Driving sheaves and drums shall have a pitch diameter of not less than forty times the diameter of the hoisting wire rope. Overhead and deflector sheaves shall have a diameter of not less than thirty times the rope diameter.

Exception: Where 8 x 19 wire hoist rope is used on machines existing at the time of the effective date of these Orders, sheaves and drums may have a diameter of not less than 32 times the rope diameter.

(e) Worms and Worm Gears.

Worms and worm gears, where used in the drive machine, shall be of steel and bronze, respectively.

(1) Helical or parallel drives must run in oil.

(f) Friction Gearing and Clutches.

Friction gearing or clutch mechanisms shall be prohibited.

(g) Brakes.

The driving machine shall be equipped with a friction brake applied by a spring or by gravity and released electrically or hydraulically. The brake shall be designed to have a capacity sufficient to stop and hold the car at rest at 125% of its rated load.

(h) Rack and Pinion Drive.

The rack and pinion drive shall consist of one or more power-driven rotating pinions mounted on the car and arranged to travel on a stationary vertical rack mounted on the hoist structure. The drive shall have at least one pinion, one rack, and two backup rollers. The pinions and rack shall be of steel and shall comply with the following standards of the American Gear Manufacturing Association: AGMA 210.22, AGMA 220.02, and AGMA 240.01. Driving machines located within the car shall be fully enclosed with solid or open metal and if in a cabinet, the cabinet shall be locked.

(i) Factors of Safety.

The factor of safety to be used in the design of driving machines and in the design of sheaves used with hoisting and compensating ropes shall be not less than the following:

(1) Eight for steel, bronze, or for other metals having an elongation of at least 14% in a length of 2 inches.

(2) Ten for cast iron, or for other metals having an elongation of less than 14% in a length of 2 inches.

The load to be used in determining the factor of safety shall be the resultant of the maximum tensions in the ropes leading from the sheave or drum with car at rest and with rated load in the car.

§1604.23. Terminal Stopping Devices.

(a) General Requirements.

Normal- and final-terminal stopping device switches shall conform to the following requirements:

(1) Where located on the car or on the hoist structure, normal- and final-terminal stopping device switches shall be of the enclosed type and securely mounted in such a manner that the movement of the switch lever or roller to open the contacts shall be as nearly as possible in a direction at right angles to a vertical plane through the face of the car guide members.

(2) Operating cams shall be of metal and shall be rigid.

(3) The switch contacts shall be directly opened mechanically.

Arrangements which depend on a spring or gravity, or both, to open the contacts shall not be used.

(b) Normal-Terminal Stopping Devices.

(1) Where Stopping Devices are Required and Function.

Upper and lower normal-terminal stopping devices shall be provided to stop the car automatically, at or near the top and bottom terminal landings, with any load up to and including rated load in the car and from any speed attained normal stopping means and of the final-terminal stopping device. The device shall be so designed and installed that it will continue to function until the final-terminal stopping device operates. The normal-terminal stopping device may be used as the normal stopping means.

(2) Location of Stopping Switches.

Stopping switches for normal-terminal stopping devices shall be located as follows:

(A) Stopping switches for traction machines shall be located on the car, on the hoist structure, or in the machine room, and shall be operated by the movement of the car.

(B) Stopping switches for winding-drum machines shall be located on the car or on the hoist structure and shall be operated by the movement of the car.

(C) Rack and pinion hoists shall have normal-terminal stopping switches located on the cage and operated by cams attached to the hoist structure or switches located on the hoist structure and operated by cams attached to the car.

(3) Requirements for Stopping Switches in Machine Rooms.

Stopping switches located in a machine room shall conform to the following requirements:

(A) The stopping-switch contacts shall be mounted on, and operated by, a stopping device mechanically connected to, and driven by, the car. Stopping devices depending on friction or traction shall not be used.

(B) Tapes, chains, ropes, or similar devices mechanically connecting the stopping device to the car and used as a driving means shall be provided with a device which will cause the electric power to be removed from the elevator driving-machine motor and brake if the driving means fails.

(C) Only one set of floor-stopping contacts is necessary for each terminal landing on floor controllers or other similar devices used to stop the car automatically at the landings (such as automatic operation, signal operation, etc.), provided these contacts and the means for operating them conform to the requirements of Sections 1604.23(b)(3)(A) and 1604.23(b)(3)(B). These contacts may then serve also normal-terminal stopping devices.

(1) Where Stopping Devices Are Required and Function.

Final-terminal stopping devices shall be provided and arranged to cause the electric power to be removed automatically from the hoist driving-machine motor and brake after the car has passed a terminal landing. The device shall be set to function as close to the terminal landing as practicable but so that under normal operating conditions it will not function when the car is stopped by the normal-terminal stopping device. Where spring buffers are provided, the device shall function before the buffer is engaged. The device shall be so designed and installed that it will continue to function at the following:

(A) At the top terminal landing, until the car has traveled above this landing a distance equal to the counterweight runby plus 1 1/2 times the buffer stroke, but in no case less than 2 feet.

(B) At the bottom terminal landing, until the car rests on its fully compressed buffer.

The operation of final-terminal stopping devices shall prevent movement of the car by the normal operating devices in both directions of travel and shall be reset manually.

(2) Location.

Final-terminal stopping devices shall be located as follows:

(A) Hoists having traction machines shall have final-terminal stopping switches located on the hoist structure and operated by cams attached to the car.

(B) Hoists having winding-drum machines shall have final-terminal stopping switches located on, and operated by, the driving machine and also stopping switches located on the hoist structure and operated by cams attached to the car.

(C) Rack and pinion hoists shall have final-terminal stopping devices located on the cage and operated by cams attached to the hoist structure or switches located on the hoist structure and operated by cams attached to the car.

(3) Controller Switches Controlled by Final-Terminal Stopping Device.

The normal- and final-terminal stopping device shall not control the same controller switches unless two or more separate and independent switches are provided, two of which shall be closed to complete the driving-machine motor-and-brake circuit in either direction of travel. Where a two- or three-phase AC driving-machine motor is used, these switches shall be of the multi-pole type.

The control shall be so designed and installed that a single ground or short circuit may permit either, but not prevent both, the normal- or final-terminal stopping device circuits from stopping the car.

(4) Requirements for Drum-Type Personnel Hists.

Final-terminal stopping devices for drum machines shall conform to the following requirements:

(A) Stopping switches located on, and operated by, the driving machine shall not be driven by chains, ropes, or belts.

(d) Terminal Speed-Limiting Devices.

Terminal speed-limiting devices shall be installed when reduced-stroke oil buffers are used, and car speed exceeds 300 feet per minute. These devices shall conform to the following requirements:

(1) Terminal speed-limiting devices shall operate independently of the normal-terminal stopping device should this device fail to slow down the car at the terminal as intended.

(2) Terminal speed-limiting devices shall provide a retardation not in excess of 32.2 feet per second per second.

(3) Terminal speed-limiting devices shall not apply the car safety.

(4) Terminal speed-limiting devices shall be so designed and installed that a single short circuit caused by a combination of grounds or by other conditions shall not prevent their functioning.

§1604.24. Operating Devices and Control Equipment.

Note • History

(a) Operation and Operating Devices.

(1) Types of Operating Devices. All operating devices shall be of the enclosed electric type. Rope or rod operating devices actuated directly by hand, or rope operating devices actuated by wheels, levers, or cranks, shall not be used.

(2) Operating Devices for Car-Switch Operation Hoists.

Handles of lever-type operating devices of car-switch operation hoists shall be so arranged that they will return to the stop position when the hand of the operator is removed. Car-switch push-buttons shall be of the constant-pressure type so that when the hand is removed from the button the car will stop.

(3) Top-of-Car Operation During Inspection, Maintenance, Repair, Tower Erection and Dismantling.

(A) When persons are on top of a car for the purposes of inspection, maintenance, repair, tower erection or dismantling, the car shall be operated by a competent authorized operator using car top operating devices. In addition, during inspection and maintenance the car shall be operated only in the slowest speed.

(B) Car top operating devices shall conform to the requirements of subsection (a)(2), and be installed in such a manner that the in-car operating devices are not functional when car top operation is selected. The car top operating devices shall include an emergency stop button, conforming to the requirements of Section 1604.24(b)(4) that when activated will stop the car at any point of travel.

(C) Car top operating devices shall be so located and arranged to prevent inadvertent exposure of the operator to hazards of contact with moving counterweights and stationary elements of the hoist tower, tower tie-ins, or adjacent structure.

(D) The tops of cars shall be enclosed by a standard guardrail and toeboard meeting the specifications of Section 3209 of the General Industry Safety Orders except that for the purposes of this subsection, the area between the car top and the midrail may be filled with screen material with maximum openings that will reject a 3/4 inch diameter ball.

(b) Electrical Protective Devices.

Electrical protective devices shall be provided in accordance with the following requirements:

(1) Slack-Rope Switch.

Hoists having winding-drum machines shall be provided with a slack-rope device equipped with a slack rope of the enclosed manually reset type which shall cause the electric power to be removed from the hoist driving-machine motor and brake if the hoisting ropes become slack.

(2) Motor-Generator Running Switch.

Where generator-field control is used, means shall be provided to prevent the application of power to the hoist driving-machine motor and brake unless the motor-generator-set connections are properly switched for the running condition of the hoist. It is not required that the electrical connections between the hoist driving-machine motor and the generator be opened in order to remove power from the hoist motor.

(3) Motor-Field Excitation Switch.

Where generator-field control is used, a motor-field excitation switch shall be provided which shall cause the electric power to be removed from the hoist driving-machine motor and brake unless current is flowing in the shunt-field circuit of the hoist driving-machine motor.

(4) Emergency Stop Switch.

An emergency stop switch shall be provided in the car and located in, or adjacent to, the car operating pane. When opened, this switch shall cause the electric power to be removed from the hoist driving machine motor and brake. Emergency stop switches shall have the following characteristics:

(A) They shall be of the manually opened and closed type.

(B) They shall have red operating handles or buttons.

(D) They shall be positively opened mechanically and their opening shall not be solely dependent on springs.

(5) Broken-Rope, Tape, or Chain Switches Used in Connection with Machine-Room Normal-Terminal Stopping Switches.

Broken-rope, tape, or chain switches shall be provided in connection with normal-terminal stopping devices located in machine rooms of traction hoists. Such switches shall be opened by a failure of the rope, tape, or chain.

(6) Car-Safety-Mechanism Switch.

A switch conforming to the requirements of Sections 1604.19(f), 1604.20(d)(1), and 1604.20(d)(3) shall be required where a car safety is provided.

(7) Speed-Governor Overspeed Switch.

A speed-governor overspeed switch shall be provided when required by Section 1604.20(d)(1) and shall conform to the requirements given under Sections 1604.20(d)(2) and 1604.20(d)(3).

(8) Final-Terminal Stopping Devices.

Final-terminal stopping devices conforming to the requirements given under Section 1604.23(c) shall be provided.

(9) Terminal Speed-Limiting Devices.

Where reduced-stroke oil buffers are provided or car rated speed exceeds 300 feet per minute, emergency terminal stopping devices conforming to the requirements given under Section 1604.23(d) shall be provided.

(10) Compensating-Rope Sheave Switch.

Compensating-rope sheaves, when used, shall be provided with a compensating-rope sheave switch or switches mechanically opened by the compensating-rope sheave before the sheave reaches its upper or lower limit of travel, to cause the electric power to be removed from the elevator driving-machine motor and brake.

(11) Primary Magnetic Switch.

A primary magnetic contactor shall be provided for main power disconnect, in addition to the normal service disconnect switch as required by Section 1604.24(d). The primary magnetic contactor shall perform its power disconnect function upon any interruption of the final-terminal stopping devices and all other electrical safety devices.

(12) Car Door or Gate Electric Contacts.

Car door or gate electric contacts conforming to the requirements given under Section 1604.18(b) shall be provided for all hoists.

(13) Normal-Terminal Stopping Devices.

Normal-terminal stopping devices conforming to the requirements given under Section 1604.23(b) shall be provided for every hoist.

(14) Motor-Generator Overspeed Protection.

Means shall be provided to cause the electric power to be removed automatically from the hoist driving-machine motor and brake should a motor-generator set, driven by a DC motor, overspeed.

The maximum system or circuit potential permitted on any equipment in the hoistway or on the car shall not be more than 440 volts (nominal). Where the potential exceeds 120 volts, a grounding conductor shall be incorporated in the traveling cable. The type and size of the grounding conductor and the grounding fastening means shall conform to the requirements of the Electrical Safety Orders.

Exception: Installations provided with an inherent grounding system for the car.

(1) The nominal rated system or circuit potential for all circuits, in locations other than those specified, shall not exceed 600 volts except for driving motors of motor-generator sets.

(d) Supply-Line Disconnecting Means.

A fused-disconnect switch or a circuit breaker shall be installed and connected into the power-supply line to each elevator motor or motors or to the motor of the motor-generator set. Disconnect switches or circuit breakers shall be of the manually closed multi-pole type arranged to be locked in the open position and their location shall conform to the requirements of the Electrical Safety Orders.

Disconnect means for hoists having a DC primary power supply and rheostatic control shall have the disconnect switch arranged so that its opening will directly open the driving-machine brake circuit.

Where circuit breakers are used as a disconnecting means, they shall not be of the instantaneous type and shall not be opened automatically by a fire alarm system.

(e) Phase-Reversal and Failure Protection.

Hoists having polyphase AC power supply shall be provided with means to prevent the starting of the hoist motor if the phase rotation is in the wrong direction, or there is a failure of any phase.

This protection shall be considered provided in the case of generator-field control having AC motor-generator driving motors, provided a reversal of phase will not cause the hoist driving-machine motor to operate in the wrong direction. Controllers whose switches are operated by polyphase torque motors provide inherent protection against phase reversal or failure.

(f) Devices to Make Electrical Protective Devices Inoperative.

The installation of condensers, the operation or failure of which will cause an unsafe operation of the hoist, is prohibited. No permanent device shall be installed, except as provided in this Standard, which will make any required electrical protective device inoperative.

(g) Driving Machine Brakes.

Driving machine brakes shall not be electrically released until power has been applied to the driving machine motor.

All power feed lines to the brake shall be opened, and the brake shall apply automatically when the following conditions prevail:

(1) The operating device of a car switch or continuous pressure operation hoist is in the stop position.

(2) A floor stop device functions.

(3) Any of the electrical protective devices function.

Under conditions (1) and (2) above, the application of the brake may occur on or before the completion of the slowdown and leveling operations.

The brake shall not be permanently connected across the armature or field of a DC hoist driving-machine motor.

(h) Control and Operating Circuit.

In the design and installation of the control and operating circuits, the following requirements shall be met:

(1) Springs shall not be used to actuate switches, contactors, or relays to break the circuit to stop the hoist.

(2) The completion or maintenance of an electric circuit shall not be used to interrupt the power to the hoist driving-machine motor or brake at the terminal landings, nor to stop the car when the emergency stop switch is opened or any of the electrical protective devices operate.

Exception: The requirements of Section 1604.24(h)(2) do not apply to dynamic braking or to speed control switches.

(3) The failure of any single magnetically operated switch, contactor, or relay to release in the intended manner, or the occurrence of a single accidental ground, shall not permit the car to start or run if any hoistway door interlock is unlocked or if any hoistway door or car door or gate contact is not in the closed position.

(4) Where generator-field control is used, means shall be provided to prevent the generator from building up and applying sufficient current to the hoist driving-machine motor to move the car when the hoist motor control switches are in the “off” position. The means used shall not interfere with maintenance of an effective dynamic braking circuit during stopping and standstill conditions.

(i) Absorption of Regenerated Power.

Where a power source is used which, in itself, is incapable of absorbing the energy generated by an overhauling load, means of absorbing sufficient energy shall be provided on the load side of each hoist power supply-line disconnecting means to prevent the hoist from attaining governor-tripping speed or a speed in excess of 125% of rated speed, whichever is less.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Change without regulatory effect amending subsections (b)(12) and (h)(3) and adding Note filed 12-28-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 52).

2. Amendment of subsection (a)(3), new subsections (a)(3)(A)-(D), repealer of subsection (b)(6), subsection renumbering and amend of newly designated subsection (b)(10) filed 7-17-2008; operative 8-16-2008 (Register 2008, No. 29).

§1604.25. Hoisting and Counterweight Ropes, and Rope Connections.

(a) Suspension Means.

Hoist cars shall be suspended by steel wire ropes attached to the car frame or passing around sheaves attached to the car frame specified in Section 1604.16.

Exception: Exceptions are hoists with rack and pinion machines.

(1) Only steel wire ropes having the commercial classification “elevator wire rope,” or specifications recommended by wire rope manufacturers for hoist use, shall be used for the suspension of hoist cars or for the suspension of counterweights.

(b) Wire Rope Data.

(1) Wire Rope Data on Crosshead Data Plate.

The crosshead data plate required by Section 1604.21(b) shall bear the following wire rope data:

(A) The number of ropes.

(B) The diameter, in inches.

(2) Wire Rope Data on Rope Data Tag.

A metal data tag shall be securely attached to one of the wire rope fastenings. This data tag shall bear the following wire rope data:

(A) The diameter, in inches.

(B) The manufacturer's rated breaking strength.

(D) The month and year the ropes were installed.

(E) Whether rope is non-preformed or preformed.

(F) Construction classification.

(G) Name of person or firm that installed ropes.

(H) Name of manufacturer of the rope.

A new tag shall be installed at each rope renewal. The material and marking of the rope data tag shall conform to the requirements of Section 1604.21(d), except that the height of the letters and figures shall be not less than 1/16-inch.

(3) Wire Rope Data Log.

A log shall be kept by the employer at the work site office which will indicate the following:

(A) The day, month, and year the ropes were installed, and whether they were new or used when installed.

(B) The day, month, and year the ropes were refastened to permit increase in the height of the hoist.

The factors of safety of the suspension wire ropes shall be not less than shown in Table 5. Figure 5 gives the minimum factors of safety for intermediate rope speeds. The factor of safety shall be based on the actual rope speed corresponding to the rated speed of the car. The factor of safety shall be calculated by the following formula:

Embedded Graphic 08.0210

where

S = Manufacturer's rated breaking strength of one rope.

N = Number of runs of rope under load (see Note).

W = Maximum static load imposed on all car ropes, with the car and its rated load at any position in the hoistway.

Note: In the case of multiple roping, the number of runs of rope (N) under the load will be: twice the number of ropes used, for 2:1 roping; three times the number of ropes used, for 3:1 roping, etc.

Table 5

Minimum Factors of Safety for Suspension Wire Ropes

Rope Speed Minimum Factor

(feet per minute) of Safety

50 7.60

75 7.75

100 7.95

125 8.10

150 8.25

175 8.40

200 8.60

225 8.75

250 8.90

300 9.20

350 9.50

400 9.75

450 10.00

500 10.25

550 10.45

600 10.70

(d) Minimum Number and Diameter of Ropes.

The minimum number of hoisting ropes used shall be three for traction hoists and two for drum type hoists.

Where a car counterweight is used, the number of counterweight ropes used shall be not less than two.

The term “diameter,” where used in Section 1604.25, shall refer to the nominal diameter as given by the rope manufacturer.

The minimum diameter of hoisting and counterweight ropes shall be 1/2-inch.

(e) Rope Equalizers.

Suspension rope equalizers may be used.

(f) Securing Ropes to Winding Drums.

Car suspension ropes of winding-drum machines shall have the ends of the rope secured to the drum or drum flange by means of clamps or tapered sockets or by other means approved by the enforcing authorities.

(g) Spare Rope Turns on Winding Drums.

Wire suspension ropes of drum type machines shall have not less than three wraps of the rope on the drum when the car is resting on the fully compressed buffers.

(h) Splicing Rope.

Suspension wire ropes shall not be lengthened or repaired by splicing.

(i) Rope Fastenings.

(1) Type of Rope Fastening.

Hoisting and counterweight wire ropes shall be attached to cars and counterweights by means of zinc-coated or galvanized drop forged fist grips or equal and wire rope thimbles, or by approved special fastening devices. When fist grips are used, the minimum number, spacing, and tightening torque shall be in accordance with the instructions of the grip manufacturer. Grips shall be periodically checked and retightened to the recommended torque.

When extra wire rope is carried on top of the frame of the hoisting platform, a drum and clamp tie down or equivalent type anchor device, which will not damage or deform the wire rope, shall be used.

(2) Babbitted Rope Sockets.

Babbitted rope sockets shall be prohibited except on permanent passenger or freight elevators which are temporarily being used as construction personnel hoists.

Embedded Graphic 08.0211

(j) Rope Inspection.

(1) A representative of the user of the personnel hoist shall be appointed, and this representative shall keep written records of the rope condition on file at the work site.

(2) Inspection periods shall be established for each hoist installation, with the frequency of inspection determined by the type of installation and operating conditions. Inspection shall be made at least once each 30 days.

(3) If ropes are dirty or over-lubricated, a proper inspection may not be possible unless the dirt or excess lubricant is removed.

(4) Examination of traction machine ropes and counterweight ropes of drum type hoists should preferably start with the car located at the top of the hoistway and should be made from the top of the car, with the ropes examined on the counterweight side.

(5) The hoist ropes of overhead drum type machines must be examined from the overhead machinery space.

(6) Where a traction or drum machine is located below, the portions of the ropes leading from the driving machine drum or sheave and from the counterweight to the overhead sheaves can be examined from the top of the car as it descends, except for a small portion which must be examined from the pit.

(7) The rope should be marked with chalk to indicate location of unexamined sections which must be inspected from other locations such as the pit or overhead machinery space.

(8) Sheaves, guards, guides, drums, flanges, and other surfaces contacted by wire rope during operation should be examined at the time of inspection. Any condition harmful to the rope shall be corrected.

(k) Rope Replacement.

If one wire rope of a set requires replacement, the entire set of ropes shall be replaced. Wire rope shall be removed or replaced immediately if it has one or more of the following defects:

(1) Severe corrosion. (Any development of slight corrosion should be noted and watched closely.)

(2) One or more valley breaks. (A valley break is a wire break occurring in the valley between two adjacent strands.)

(3) Six randomly distributed broken wires in one rope lay or three broken wires in one strand in one rope lay. (A rope lay is the length along the rope in which one strand makes a complete revolution around the rope.)

(4) Development of broken wires in the vicinity of attachments. If this condition is localized in an operating rope and the section in question can be eliminated by making a new attachment, this may be done rather than replacing the entire rope.

(5) Abrasion, scrubbing, flattening, or peening causing loss of more than one-third of the original diameter of the outside wires.

(6) Severe kinking, crushing, birdcaging, or other damage resulting in distortion of the rope structure.

(7) Evidence of any heat damage resulting from a torch or any caused by contact with electrical wires.

(8) Reduction from nominal diameter of more than 3/64-inch for diameters up to and including 3/4-inch, 1/16-inch for diameters 7/8 to 1 1/8 inches, and 3/32-inch for diameters 1 1/4 to 1 1/2 inches. Marked reduction in diameter indicates deterioration of the core.

Governor ropes shall be replaced on the same basis as hoisting ropes. (These ropes are lightly loaded and may show little or no wear. Inspectors should check for fatigued wires in strand valleys by bending over a small radius.)

§1604.26. Inspection, Tests and Operation of Personnel Hoists.

Note • History

(a) Acceptance Inspections and Tests of New Installations and Alterations. In order to ensure the safe operation of new hoists, such devices shall, on their completion and before being placed in service, be subjected to an acceptance inspection and tests in the field to determine that all parts of the installation conform to the applicable requirements of this Standard and that all safety equipment functions as required. A similar inspection and test shall be made following a major alteration of an existing installation and at any time the hoist is moved to a new location. (A jump of the tower after initial installation shall not be considered a major alteration.) Records shall be maintained and kept on file at the job site for the duration of the job.

(1) Persons Authorized to Make Acceptance Inspections and Tests. Inspections shall be made by a representative of the Division of Industrial Safety. The following tests shall be performed by the person or firm installing or altering the equipment in the presence of the Division representative.

(A) Acceptance tests for car and counterweight safeties and governors.

(B) Acceptance tests for oil buffers.

(C) Any tests which require rendering of any safety device or equipment inoperative or which require removal or resetting of devices or equipment.

(2) Acceptance Inspection Requirements. All parts of the installation shall be inspected for conformity with the applicable requirements of these Safety Orders.

(3) Acceptance Test for Safeties. Car safeties shall be tested with rated load in the car. Counterweight safeties, where provided, shall be tested with no load in the car.

(4) Acceptance Test for Governors. Governor-tripping speed shall be measured and the operation of the governor overspeed switch and safety mechanism switch inspected.

(5) Acceptance Test for Oil Buffers. Oil buffers under the car shall be tested with a rated load on the car traveling at rated speed. Oil buffers under the counterweight shall be tested with no load on the car and the counterweight traveling at rated speed.

(b) Periodic Inspections and Tests. All existing installations, and all new installations after being placed in service, shall be subjected to periodic inspections and tests at regular intervals of not more than 3 months for construction hoists and not more than one week for bridge construction elevators to determine that the equipment is in safe operating condition and has not been altered. All parts subject to wear shall be inspected and those worn to such an extent as to affect the safe operation of the installation shall be adjusted or replaced. Whenever the hoisting equipment installed on bridges is exposed to winds exceeding 35 miles per hour, it shall be inspected and put into operable condition before use. The employer shall prepare a certification record which includes the date the inspection and test of all functions and safety devices was performed; the signature of the person who performed the inspection and test; and a serial number or other identifier for the hoist that was inspected and tested. The most recent certification record shall be maintained on file at the job site.

(1) Periodic Inspections. Periodic inspections and tests as recommended by the hoist manufacturer shall be performed by a person designated by the employer and qualified to perform such service. Records shall be maintained and kept on file at the job site for the duration of the job.

(c) Operation. Hoists shall be operated only by a competent authorized operator, in the car, or stationed adjacent to the driving machine subject to the following conditions:

(1) A regular attendant is stationed in the car.

(2) A constant-pressure-type switch shall be provided in the car, which must be held manually in the closed position by the attendant in the car in order to permit operation of the driving machine and which shall be opened automatically when released by the operator during normal or emergency stop operations.

(3) A means of closed voice communication shall be provided between the car attendant and the operator stationed adjacent to the driving machine.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 4-19-90; operative 5-19-90 (Register 90, No. 19). For prior history, see Register 75, No. 46.

2. Amendment of section heading filed 7-17-2008; operative 8-16-2008 (Register 2008, No. 29).

§1604.27. Maintenance.

(a) Lubrication.

All parts of the machinery and equipment requiring lubrication shall be lubricated at regular intervals as recommended by the manufacturer, and a log maintained.

(b) Making Safety Devices Inoperative.

No person shall at any time make any required safety device or electrical protective device inoperative, except where necessary during tests, inspections, and maintenance. Immediately upon completion of such tests, inspections, and maintenance, such devices shall be restored to their normal operating condition in conformance with the applicable requirements of this Standard.

§1604.28. Use of Hoists for Carrying Materials.

(a) Personnel hoists may be used for carrying materials provided the hoists are designed and installed for the type of loading to be used.

(b) Only the operator and personnel necessary to load and unload materials being hoisted shall be allowed in the personnel hoist when it is being used primarily to hoist materials.

§1604.29. Permit to Operate.

(a) After inspection of each new personnel hoist by an authorized representative of the Division, a permit to operate shall be issued before the device is placed in service, except that the hoist may be placed in service while the permit to operate is being processed if, in the opinion of the inspecting representative of the Division, the hoist is safe to operate.

(b) Inspection fees to cover the cost to the Division of making the inspection shall be charged as follows:

New Inspection

4 to 8 landings $25.00

9 to 15 landings $30.00

16 to 21 landings $35.00

over 21 landings $40.00

(c) After completion of such requirements as may be necessary in the opinion of the Division to comply with these regulations and upon payment of the inspection fee, a permit to operate will be issued and shall be posted in a conspicuous location in the car.

The permit shall be in effect for one year or for the length of time the personnel hoist is at the same location except that the permit may be revoked if periodic inspections and tests show the hoist to be in an unsafe condition.

No personnel hoist shall be operated without a valid permit except as permitted by Section 1604.29(a).

§1604.30. Revision of American National Standards Referred to in This Document.

(a) When the following American National Standards referred to in this document are superseded by a revision approved by the American National Standards Institute, Inc., the revision shall apply:

(1) American National Standard Building Code Requirements for Reinforced Concrete, A89.1-1972 (ACI 318-71).

(2) American National Standard Specification for Low and Intermediate Tensile Strength Carbon Steel Plates of Structural Quality, G24.2-1972 (ASTM A283-70a).

(3) American National Standard Specification for Quenched and Tempered Alloy Steel Bolts or Structural Steel Joints, G24.19-1972 (ASTM A490-71).

(4) American National Standard Specification for Low Carbon Steel Externally and Internally Threaded Standard Fasteners, G28.5-1969 (ASTM A307.68).

(5) American National Standard Specification for High-Strength Bolts for Structural Steel Joints, including Suitable Nuts and Plain Hardened Washers, G38.6-1972 (ASTM A325-71a).

(6) American National Standard Specification for Structural Steel, G41.5-1970 (ASTM A325-69).

(7) American National Standard Specification for Steel Structural Rivets, G42.2-1968 (ASTM A502.65).

(8) American National Standard Specification for Mild to Medium Strength Carbon Steel Castings for General Application, G50.1-1972 (ASTM A27-71).

(9) American National Standard Specification for Carbon Steel Forgings for General Industrial Use, G55.20-1969 (ASTM A235-67).

(10) American National Standard Methods of Static Tests of Timbers in Structural Sizes, 04.2-1969 (ASTM D198-67).

(11) American National Standard Methods for Establishing Structural Grades for Visually Graded Lumber, 04.3-1969 (ASTM D245-68T).

(12) American National Standard Safety in Welding and Cutting, Z49.1-1973.

§1605. Construction Material Hoists.

Construction material hoists shall comply with Sections 1605.1 through 1605.21.

§1605.1. General Requirements.

The employer shall comply with the manufacturer's specifications and limitations applicable to the operation of all hoists and elevators. Where manufacturer's specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a professional engineer competent in the field.

§1605.2. References to Other Codes.

These Safety Orders are supplemented by the following Subchapters of Title 8 of the California Administrative Code.

(a) Construction Safety Orders, Subchapter 4

(b) General Industry Safety Orders, Subchapter 7

§1605.3. Requirements for Hoisting Towers.

(a) Material hoist towers shall be constructed of structural steel, steel pipe, wrought iron, or other equivalent.

(b) All sheaves, guy ties, bolt connections, miscellaneous clamps, braces, and similar parts shall be regularly inspected after the installation is initially placed in operation, and at least once each month thereafter. All broken, defective, and worn parts shall be replaced or repaired.

(c) Hoist-operating rules shall be established and posted in conspicuous locations adjacent of the hoist to the operator's station and the structure it serves. The operating rules shall include the following:

(1) A signal system.

(2) Provision for authorized riding on the hoist platform for the purpose of inspection and servicing only.

(3) Acceptable safe procedures for loading and unloading cages, platforms, and buckets.

(4) Operating procedures including allowable line speed for various loads.

(5) A sign on the car frame reading “No Riders Allowed.”

(d) All material hoist towers shall be designed by licensed professional engineers.

§1605.4. Foundations.

(a) Hoist-tower foundations shall be constructed to safely support the intended tower live and dead loads, and shall not exceed the safe bearing capacity of the ground or floor upon which they rest.

§1605.5. Erection.

(a) Personnel engaged in the erection, maintenance, and dismantling of a material hoist shall be provided with and required to use such appropriate personal protective devices as set forth in these Orders.

(b) Hoist towers shall be vertically straight.

(d) The guide rails of hoists shall be of steel securely fastened, and shall deflect no more than 1/4-inch under normal operation.

(e) Hoist towers may be used with or without an enclosure on all sides. However, whichever alternate is chosen, the following conditions applicable to either, must be met:

(1) When a hoist tower is enclosed it shall be enclosed on all sides for its entire height with a wire-screen enclosure of not less than No. 18 U. S. Standard gage wire or equivalent material, with openings not exceeding 1/2-inch mesh, securely fastened to the tower structure, with openings formed onto each landing.

(2) When a hoist tower is not enclosed, the hoist platform or car shall be totally enclosed (caged) on all sides, including the roof, for the full height between the floor and the cage top. The walls of the cage shall be constructed of 1/2-inch mesh of No. 14 U. S. Standard gage wire or equivalent. The hoist-platform enclosure shall include the required gates for loading and unloading.

(f) All entrances to hoistways shall be protected by substantial gates or bars which shall guard the full width of the landing entrance.

(1) Gates shall be not less than 66 inches in height and located not more than 4 inches from the hoistway line with a maximum under-clearance of 2 inches. Gates of grille or lattice or other open work shall have openings of not more than 2 inches.

(2) Bars shall be not less than 2 by 4-inch wooden bars or the equivalent, located 2 feet from the hoistway line. Bars shall be located not less than 36 inches nor more than 42 inches above the floor.

(3) Gates or bars protecting the entrances to hoistway shall be equipped with a latching device. Material hoists serving structures over 70 feet in height, or where the hoist landing platforms are not clearly visible to the hoist operator, shall be equipped with a telephone system or an electrical system or both, to assure that all gates or bars are closed before the hoist platform can be moved.

(g) Hoist towers shall be erected to a height necessary for immediate needs. However, the tower shall not be extended in height beyond the designer's recommendations and never more than 66 feet above the last (highest) guy point.

(h) An enclosure of No. 18 U. S. Standard gage wire mesh or equivalent material, which will reject a one-inch steel ball, shall be provided to prevent access into the space at the bottom of the hoist tower. The enclosure shall extend not less than 6 feet above the base of the hoist tower.

(i) Positive connections, such as those made with bolts or pins, shall join the various segments from which assembled towers are made.

(j) Diagonal bracing, or the equivalent, shall be placed on each of the four sides of the tower and between horizontal crossties, except at loading platforms, in which case bracing of equivalent strength shall be provided.

(k) Hoist towers shall only be erected and dismantled under the direct supervision of competent personnel.

§1605.6. Guying.

(a) Towers shall be secured with guys or rigid braces at each corner at intervals not to exceed 30 feet vertically.

(b) Towers guys shall be at least 1/2-inch diameter improved plow-steel wire rope, secured to anchorages with wire-rope clips as specified in Table 5, or the equivalent. The wire-rope fastenings and the anchorages shall withstand four times the maximum intended loadings.

§1605.7. Cantilever Towers.

(a) The requirements outlined in 1605.5(j) of this Standard do not apply to cantilever towers.

(b) Cantilever towers shall be secured with guys or rigid braces, according to manufacturer's recommendation, at intervals not to exceed 30 feet vertically or the manufacturer's recommended spacing, whichever is the lesser.

§1605.8. Requirements for Inside Hoists.

(a) The sides of the hoistways not used for entrances shall be enclosed on each floor for their entire height with wire mesh or equivalent material and reinforced to withstand a horizontal force of 100 pounds per square foot, applied to any point. The openings in the mesh shall reject a one-inch steel ball.

(b) Protective covering of heavy planking shall be provided below the cathead of all hoists to prevent objects falling down the hoistway.

§1605.9. Hoist Platforms and Cages.

(a) Workmen shall be prohibited from riding the hoist platform except for authorized inspection and maintenance.

(b) When wheelbarrows or other rolling equipment are transported, they shall be held securely in place on the hoist platform.

(c) Overhead protective covering of two-inch planking, 3/4-inch plywood or other solid material of equivalent strength shall be provided on the top of every material hoist cage or platform to prevent objects falling on the workmen loading or unloading the hoist.

(d) The protective covering on the top of the cage or platform may be made in hinged sections that may be raised when hoisting long material.

(e) When using a cage or platform for long material, the several pieces of the material shall be securely fastened together and made fast to the cage or platform, so that no part of the load can fall or project beyond the sides of the cage or platform.

(f) Platform floors covered with metal, shall have a non-slip surface.

(g) When a hoist tower is not enclosed, the hoist platform or car shall be totally enclosed (caged) on all sides including the roof, for the full height between the floor and the cage top. The walls of the cage shall be constructed of 1/2-inch mesh of No. 14 U. S. Standard gage wire or the equivalent. The hoist-platform enclosure will include the required gates for loading and unloading.

(h) A stamped plate indicating the manufacturer's rated load of the hoist in pounds shall be conspicuously displayed in the hoist cage.

(i) Broken-rope safety devices, if and when used in conjunction with material platforms or concrete buckets, shall conform to the following conditions. However, under no circumstances shall they be construed to satisfy the requirements of Section 1604 of these Orders.

(1) The safety device when engaged shall be capable of stopping and holding the platform or bucket with its rated load.

(2) The safety device shall be securely attached to the frame of the platform, or bucket, in such manner that the platform, or bucket, will not become separated from the safety device under the conditions cited in (1) above.

(3) Any platform, or bucket, used in conjunction with safety devices shall be capable of meeting the conditions cited in (1) above without resultant failures or loss of its load.

(4) Any material hoist structure including tower components, guide rails, and their attachments, and any parts affected by the action of the safety device, when subjected to the conditions cited in (1) above shall sustain the platform or bucket with its rated load without structural failure.

(5) The safety device shall be activated by a positive means in the event of rope failure, and when engaged shall be released only by raising the platform or bucket from the stopped position.

(6) The ability of the equipment to satisfy the requirements of (1) and (2) above, shall be established by tests witnessed by the enforcing author--

ity, an independent testing laboratory, or registered professional engineer.

§1605.10. Concrete Buckets.

Note • History

(a) When employees are required to work in the pit, the bucket shall be shored on two sides with timbers, or their equivalent, of sufficient strength to support the bucket. Timbers shall not protrude into an adjacent hoistway.

(b) Employees shall be prohibited from riding the bucket.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of section and new Note filed 12-22-97; operative 1-21-98 (Register 97, No. 52).

§1605.11. Booms.

(a) All booms mounted on a material hoist tower shall operate at fixed radii.

(b) Live booms shall be prohibited.

§1605.12. Hoisting Wire Rope and Sheaves.

(a) Breaking Strength. All hoisting wire rope shall be of such breaking strength as to provide a minimum factor of safety of seven. The factor of safety (F) shall be calculated by the following formula:

Embedded Graphic 08.0212

where

S = Manufacturer's rated breaking strength of one rope.

N = Number of parts of ropes under load.

W = Maximum static load imposed on all ropes with the platform, cage, or bucket, and its rated load at any position in the hoistway.

(b) Wire Rope Inspection.

(1) Inspector.

A representative of the user of the material hoist shall be appointed and this representative shall keep written reports of the rope condition on file at the work site. The representative shall have the authority to order wire rope replacements and keep unsafe wire rope from being used.

(2) Periods of Inspection.

Inspection periods shall be set-up for each material-hoist wire rope. The frequency of inspection shall be determined by consideration of environment, degree of hazard to materials, frequency of operation, and the frequency with which the rope is subjected to its capacity limits. Inspections shall be made not less often than once each 30 days.

(3) Method of Inspection.

The working length of the wire rope shall be unwound from the hoist drum. Thorough inspection shall be made of the rope sections that pass over sheaves, drums, or contact saddles, or which make opposing turns. The rope close to end attachments shall be carefully inspected.

(4) Inspection of Used Wire Rope.

A used wire rope shall be thoroughly inspected prior to installation.

(5) Inspection of Wire Rope on Idle Equipment.

The wire rope on equipment that has been idle or shutdown for a period of one month or more shall be completely inspected prior to operation.

(6) Surfaces Contacted by Wire Rope.

Sheaves, guards, guides, drums, flanges, and other surfaces contacted by wire rope during operation should be examined at the time of inspection. Any condition harmful to the rope in use at the time should be corrected.

Wire rope with one or more of the following defects shall be removed or replaced immediately:

(1) Corrosion. Severe corrosion shall be cause for replacement. Any development of slight corrosion should be noted and watched closely.

(2) Broken Wires. One or more valley breaks shall be cause for replacement. (A valley break is a wire break occurring in the valley between two adjacent strands.)

Six randomly distributed broken wires in one rope lay, or three broken wires in one strand in one rope lay, shall be cause for replacement. (A rope lay is the length along the rope in which one strand makes a complete revolution around the rope.)

(3) End Attachments. Development of broken wires in the vicinity of attachments shall be cause for replacement. If this condition is localized in an operating rope and the section in question can be eliminated by making a new attachment, this can be done rather than replacing the entire rope.

(4) Abrasion. Abrasion, scrubbing, flattening, or peening causing loss of more than one-third of the original diameter of the outside wires shall be cause for replacement.

(5) Kinking. Severe kinking, crushing, birdcaging, or other damage resulting in distortion of the rope structure shall be cause for replacement.

(6) Heat. Evidence of any heat damage resulting from a torch, or any caused by contact with electrical wires shall be cause for replacement.

(7) Reduction of Rope Diameter. Reduction from nominal diameter of more than 3/64-inch for diameters up to and including 3/4-inch; 1/16-inch for diameters 7/8 to 1 1/8 inches; and 3/22-inch for diameter 1 1/4 to 1 1/2 inches shall be causes for replacement. Marked reduction in diameter indicates deterioration of the core.

(d) Wire Rope Installation. Hoisting ropes shall be installed in accordance with the wire rope manufacturer's recommendations. The hoisting ropes shall be secured to the drum by clamps or by an approved equivalent means.

(e) Drums and Sheaves.

(1) Pitch diameters of drums shall be a minimum of 24 times the nominal rope diameter. The drum flange shall extend at least 2 inches radially beyond the last layer of rope when all rope is coiled on the drum.

(2) The winding drum shall have not less than three turns of rope when the platform, cage, or bucket is at the lowest point of travel.

(3) All hoisting wire rope shall be improved plow steel grade or stronger, and equal in flexibility to 6 x 19 classification wire rope. The joining of hoisting ropes by splicing is prohibited.

(4) There shall be at least 4 feet of clearance between the cathead sheave and the hoisting-rope fastening on the platform, cage, or bucket when either is at the uppermost terminal or landing.

(5) The arc of the bottom of the sheave groove shall be smooth and concentric with the bore or shaft of the sheave. The center line of the groove shall be in a plane perpendicular to the axis of the bore or shaft of the above sheave.

(6) Sheave grooves shall be machined or cast, providing the bottom of the groove has a radius subtending an arc of 150 degrees and conforms to Table 1.

Table 1

Groove Radii for New and Reconditioned Sheave Grooves

Wire Rope, Root

Nominal Groove Radius

Diameter Minimum Maximum

1/4 .140 .150

5/16 .170 .180

3/8 .205 .215

1/2 .265 .275

5/8 .330 .340

3/4 .390 .400

7/8 .460 .475

1 .525 .540

1 1/8 .585 .600

1 1/4 .655 .670

(7) Load-bearing sheaves for wire rope shall be grooved to accommodate the rope and shall have a diameter at least 20 times that of the wire rope. For minimum tread diameter of sheaves see Table 2. (The diameter of a sheave is measured at the bottom of the grooves.)

(8) Sheaves intended for use with fiber rope shall not be used with wire rope.

(9) Defective and worn sheaves that may cause equipment failure or damage to the wire rope shall be replaced. If pillow blocks are used, they shall be mounted on top of beams and securely bolted. Open bearings shall not be used.

(10) No snatch blocks or hood-type sheaves shall be used on any hoist tower.

Table 2

Minimum Ratio of Rope Diameter to Sheave Tread Diameter

Diameter Minimum

of Hoisting Tread Diameter

Rope of Sheaves*

(Inches) (Inches)

1/4 5

5/16 6 1/2

3/8 7 1/2

1/2 10

5/8 12 1/2

3/4 15

7/8 17 1/2

1 20

1 1/8 22 1/2

1 1/4 25

* Based on 20 times rope diameter.

(11) All sheaves shall be of iron or steel.

(12) All sheave bearings shall be lined with babbit, or other equivalent bearing metal, or have ball or roller bearings.

(13) Sheave bearings shall be provided with adequate means for lubrication.

§1605.13. Wire Rope Fastenings.

(a) Hoisting ropes shall be attached by means of zinc-coated or galvanized drop forged fist grips or equal and wire rope thimbles, or by approved special fastening devices. When fist grips are used, the minimum number, spacing, and tightening torque shall be in accordance with the instructions of the grip manufacturer. Grips shall be periodically checked and retightened to the recommended torque.

(b) When extra wire rope is carried on top of the frame of the hoisting platform, a drum and clamp tie down or equivalent type anchor device, which will not damage the wire rope, shall be used.

§1605.14. Hoisting Machines.

(a) Hoisting machines shall be designed, installed, and maintained to vertically raise and lower the rated load plus the weight of equipment and ropes.

(b) The hoisting machine shall be equipped with brakes capable of stopping and holding 125 percent of rated hoisting capacity under all operating conditions.

(d) The location and arrangement of the hoisting machine, tower, and related sheaves shall be such that proper wrapping of the wire rope on the drum will be assured to prevent “overriding,” fouling, improper spacing, or any other condition which will cause damage to the wire rope or hoisting machine.

(e) Hoisting machines shall not be left unattended with the load suspended.

(f) Adequate blocking and bracing shall be provided between the hoisting machine and the tower to prevent the transmission of any unbalanced lateral forces to the tower resulting from the pull of the hoisting ropes.

(g) When hoisting machinery is set on an elevated platform, such platforms shall be of substantial construction, properly engineered, and provided with guardrails and toeboards which conform to these Orders.

(h) Wire hoisting ropes within 7 feet of floor or ground shall be guarded by an enclosure or fence.

(i) All gears on hoisting machines shall be completely guarded.

(j) Not more than one platform winch head, boom, or bucket shall be operated at the same time by any one hoisting machine.

(k) Brake drums shall be kept free of oil, grease, or any other substance which reduces their efficiency.

(l) Mechanical brakes shall be so installed as to stop movement of the winding drum, and equipped with a positive acting latch or other mechanical device, designed as part of the hoist, which will hold the brake in the engaged position.

(m) Each manually operated hoisting machine shall be equipped with an effective pawl and ratchet capable of holding the rated load capacity when it is suspended.

(n) Internal-combustion-engine exhaust pipes shall be arranged to exhaust away from workmen so the gases will be dissipated harmlessly. A muffler shall be installed to reduce the noise.

(o) Only approved safety cans shall be used for fueling internal-combustion engines. When gravity-type fuel systems are used, a cutoff valve shall be installed between the internal-combustion engine and the fuel-supply tank.

(p) Open light, flames, or spark-producing devices shall be kept at a safe distance while refueling internal-combustion engines, and no person shall smoke or carry lighted smoking materials in the immediate area. The engine shall be stopped during refueling.

(q) A fire extinguisher which meets the requirements of the General Industry Safety Orders shall be part of the hoisting equipment.

(r) The operation of every hoist shall be controlled by an electrically or mechanically designed signal system. Manual signals may only be used when visibility and distance permit, and the signals can be relayed directly to the hoist operator. See Section 1605.21 for recommended signal systems.

(s) The platform, cage, or bucket shall be brought to its lowest position, the hoisting machine shall be shutdown and positively secured against accidental start-up when men climb the hoist tower or work on any part of the tower below the cathead. The platform, cage, or bucket may be used to raise workmen for authorized maintenance and repairs that cannot be done otherwise.

(t) All hoisting equipment, including brakes, gears, levers, and wire rope, shall be visually inspected daily. All broken, worn, or defective parts shall be repaired or replaced when discovered.

(u) Electrical equipment shall be effectively grounded. Ground cables shall be enclosed or shielded as necessary, and shall be tagged for identification.

(v) Each automatically operated electrical-motor-driven hoist shall be provided with a mechanical automatic motor brake, or equivalent device, to hold the load automatically in case of power failure.

§1605.15. Protection of Operator.

(a) See Article 4, Construction Safety Orders for protection of operator from dust and airborne material.

(b) The operator station of a hoisting machine shall be provided with overhead protection equivalent to tight planking not less than 2 inches thick. The support for the overhead protection shall be of equal strength.

(c) The area occupied by the hoisting machine and its operator shall be protected from the elements and shall be heated in cold weather.

(d) No open-flame heaters shall be allowed inside any operator's enclosure. All other types shall be properly vented.

(e) Heating systems using liquefied petroleum gases shall be installed in compliance with the Unfired Pressure Vessel Safety Orders.

§1605.16. Signal Systems.

(a) Hoisting machines shall be operated in response to manual signals, telephone communications, or to a visible or audible code signal. Any of these may be used separately or in combination. Refer to Section 1605.21.

(b) Operators and signalmen shall be able to comprehend signals readily and to execute them properly. Refer to Section 1605.21.

§1605.17. Indicators.

Hoisting ropes shall be accurately marked, or equivalent means taken, to indicate when the load has reached specific positions, including top and bottom landings.

§1605.18. Electric Motors.

(a) Motor installations shall be made in accordance with provisions of applicable local codes and the Electrical Safety Orders.

(b) Only enclosed switches with grounded cases and fuses or circuit breakers shall be used.

(d) An emergency means shall be provided within reach of the operator to cutoff the electric power.

§1605.19. Landings and Runways.

Note • History

(a) Landing platforms and runways that connect the hoistway or tower to the building shall be designed and constructed to sustain safely the maximum intended load. If floors or platforms are covered with metal, they shall have non-slip surfaces.

(b) Railings and toeboards which conform to these Orders shall be placed on the open sides of runways connecting the tower to the structure.

(c) All landing platforms where employees may be exposed to falling objects shall be provided with a solid overhead protection composed of 2-inch planking or the equivalent.

(d) A barricade shall be required at the building face which extends a minimum distance of 6 feet laterally along the outer edge of the building, from each side of the landing or runway. The barricade shall extend a minimum distance of 36 inches above the level of the landing, runway or structure floor. The material used for the barricade shall be the equivalent of No. 18 U. S. Standard gage wire with openings not exceeding 1/2-inch mesh or equivalent.

(e) Working platforms of ample size and strength, and railings and toeboards which conform to these Orders, shall be built at each level where employees are required to work, such as bucket dumps, hopper headers, and similar places.

(f) Access to and around landings and the area around the hoisting machine shall be kept clear of rubbish and waste material.

(g) Materials shall not be stored on landing platforms or landing runways.

(h) All hoistway entrance barriers and gates shall be painted with diagonal black and yellow stripes.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (c) and (e) and new Note filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

§1605.20. Capacity Statement and Design.

(a) All material hoist towers, masts, etc., shall be substantially constructed and of such design that maximum intended loads will not stress any members beyond safe limits established by applicable engineering formulas.

(b) The design shall also provide ample strength for loads imposed by the use of booms attached to a tower or mast. Where auxiliary equipment or other load-bearing devices, in addition to that of the loaded platform or bucket, is supported by the tower, the tower shall be built to withstand these additional loads and stresses safely. The rated load, specified by the manufacturer, shall not be exceeded.

§1605.21. Introduction.

One or a combination of several types of signal systems may be used: manual signals, audible signals, or electrical signals. Whatever the system in use, a copy of the signals shall be posted in a conspicuous place on or near each landing and at the hoist operator's position. The height of the tower and the number of wells in the tower shall be the determining factor in selecting the type of signals for safe operation.

(a) One-Hand Signals to Hoist Operators.

(1) Hoist: Forearm vertical and forefinger pointing upward, move hand in small horizontal circle.

(2) Lower: Arm extended and palm down, move hand in small vertical circle.

(3) Stop: Arm extended horizontally and palm down, hold position rigidly.

(4) Emergency Stop: Both arms extended horizontally but move hands rapidly right and left.

(5) Dog Off Load: With forearms extended vertically, clasp and unclasp fists several times.

(b) Two-Hand Signals to Hoist Operators.

(1) Hoist: Hold both arms horizontal at sides, fully extended, move upward and return.

(2) Lower: Let arms hang at sides, fully extended, move out and return.

(3) Stop: Hold both arms horizontal at sides, fully extended; hold position rigidly.

(4) Emergency Stop: Hold both arms horizontal at sides, fully extended; move both arms rapidly from back to front.

(5) Dog Off Load: Clasp fingers of one hand with fingers of the other, palms facing each other.

Audible signals shall not be used when there are surrounding noises of the same, or nearly the same, frequency and octave level. Signals given by means of a whistle, bell, horn, or other audible means are as follows:

(1) Hoist: Two short blasts or gongs.

(2) Lower: Three short blasts or gongs.

(3) Slow: Four long blasts or gongs.

(4) Stop: One short blast or gong.

(5) Emergency Stop: Series of short blasts or gongs.

(6) Dog Off Load: One long blast or gong.

(d) Electrical Signals.

An electrical signal system utilizing bells or lights may be used. A bell signal system that does not register landing calls shall use the signals indicated in the preceding paragraph to control movement of the platform or bucket. One of two types of light systems, either a general system or a specific call system, may be installed.

(1) General Light Systems.

The necessary light or lights shall be so located at the hoist operator's station that they are readily visible to him at all times. A call button must be installed at each landing. Control of the hoist platform or bucket is governed by the following light signals:

(A) Hoist: Two lights or two light flashes.

(B) Lower: Three lights or three light flashes.

(D) Emergency Stop: Series of light flashes.

(E) Dog Off Load: One long light or lighting of separate dog-off light.

(2) Specific Call Light Systems.

A light to indicate each floor landing shall be installed in the most visible position at the hoist operator's station. A call signal button shall be installed at each landing. When the platform or bucket is needed at a certain floor, the call signal button registers that location on the proper light at the operator's station. Signals for movement may be given by audible or visible means.

(e) Electrical Intercommunication Systems.

(1) Electrical intercommunication systems may be installed. The wiring for such systems shall comply with the pertinent provisions of the Electrical Safety Orders.

(2) Speakers shall be so located at the hoist operator's position that he can communicate with all stations. A speaker shall also be located at each landing so that communication can be maintained with the hoist operator.

(3) Mechanical and electrical signal systems shall be inspected daily. Excessively worn or damaged parts shall be replaced immediately.

(4) All wires, cords, or other devices used in connection with signal systems shall be protected against unauthorized or unintentional use, breakage, or interference.

Article 15. Cranes and Derricks in Construction

§1610. General Requirements.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of article heading and repealer and new section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27). For prior history of article 15, sections 1610-1616, see Register 87, No. 19.

§1610.1. Scope.

Note • History

(a) This Article applies to power operated equipment, when used in construction, that can hoist, lower and horizontally move a suspended load. Such equipment includes, but is not limited to: Articulating cranes (such as knuckle-boom cranes); crawler cranes; floating cranes; cranes on barges; locomotive cranes; mobile cranes (such as wheel-mounted, rough-terrain, all-terrain, commercial truck-mounted, and boom truck cranes); multi-purpose machines when configured to hoist and lower (by means of a winch or hook) and horizontally move a suspended load; industrial cranes (such as carry-deck cranes); dedicated pile drivers; service/mechanic trucks with a hoisting device; a crane on a monorail; tower cranes [such as a fixed jib, (i.e., “hammerhead boom”), luffing boom and self-erecting]; pedestal cranes; portal cranes; overhead and gantry cranes; straddle cranes; sideboom cranes; derricks; and variations of such equipment. However, items listed in subsection (c) of this section are excluded from the scope of this standard.

(b) Attachments. This Article applies to equipment included in subsection (a) when used with attachments. Such attachments, whether crane-attached or suspended include, but are not limited to: Hooks, magnets, grapples, clamshell buckets, orange peel buckets, concrete buckets, drag lines, personnel platforms, augers or drills and pile driving equipment.

(1) Machinery included in subsection (a) while it has been converted or adapted for a non-hoisting/lifting use. Such conversions/adaptations include, but are not limited to, power shovels, excavators and concrete pumps.

(2) Power shovels, excavators, wheel loaders, backhoes, loader backhoes, track loaders. This machinery is also excluded when used with chains, slings or other rigging to lift suspended loads.

(3) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles.

(4) Digger derricks when used for augering holes for poles carrying electric and telecommunication lines, placing and removing the poles, and for handling associated materials to be installed on or removed from the poles.

(A) Digger derricks used in work subject to the Electrical Safety Orders shall comply with Section 2940.7 of those Safety Orders.

(B) Digger derricks used in construction work for telecommunication service (as defined in the Telecommunication Safety Orders) shall comply with those Safety Orders.

(5) Machinery originally designed as vehicle-mounted aerial devices (for lifting personnel) and self-propelled elevating work platforms.

(6) Telescopic/hydraulic gantry systems.

(7) Stacker cranes.

(8) Powered industrial trucks (forklifts), except when configured to hoist and lower (by means of a winch or hook) and horizontally move a suspended load.

(9) Mechanic's truck with a hoisting device when used in activities related to equipment maintenance and repair.

(10) Machinery that hoists by using a come-a-long or chainfall.

(11) Dedicated drilling rigs.

(12) Gin poles when used for the erection of communication towers.

(13) Anchor handling or dredge related operations with a vessel or barge using an affixed A-frame.

(14) Unpowered, rolling material lifts with hand-powered winches (roustabouts).

(15) Helicopter cranes.

(d) All sections of this Article 15 apply to the equipment covered by this Article unless specified otherwise.

(e) For work covered by the High-Voltage Electrical Safety Orders, compliance with those Orders is deemed compliance with Section 1611.5 and Sections 1612.1 through 1612.4.

(f) Section 1610.5 does not apply to cranes designed for use on railroad tracks, when used on railroad tracks that are part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad Administration under 49 CFR part 213, and that comply with applicable Federal Railroad Administration requirements. See Section 1610.5(f).

(g) Effective date. Cranes and derricks used in construction operations shall be subject to the provisions of General Industry Safety Orders, Group 13, until July 6, 2011. The requirements of these Construction Safety Orders, Article 15, shall become effective on July 7, 2011.

NOTE: For the relationship between these Construction Safety Order (CSO) crane and derrick standards and the General Industry Safety Orders (GISO) crane and derrick standards, see CSO Section 1502(b) and GISO Section 3202(a).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment of subsection (c)(14) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1610.2. Design Standards.

Note • History

(a) Cranes and derricks used in construction which are manufactured prior to July 7, 2011 shall be designed, constructed and installed in accordance with the applicable standards of General Industry Safety Orders, Section 4884.

(b) Cranes and derricks used in construction which are manufactured on or after July 7, 2011 shall be designed, constructed and installed in accordance with the following applicable standards which are hereby incorporated by reference:

(1) American National Standards Institute (ANSI)/American Society of Mechanical Engineers (ASME) standards:

(A) ASME B30.2-2005, Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist), issued Dec. 30, 2005.

(B) B30.3-1996, Construction Tower Cranes (includes Hammerhead Tower Cranes).

(D) ASME B30.5-2004, Mobile and Locomotive Cranes, issued Sept. 27, 2004.

(E) B30.6-1995, Derricks.

(F) ASME B30.7-2001, Base-Mounted Drum Hoists, issued Jan. 21, 2002.

(G) B30.8-1982, Floating Cranes and Floating Derricks.

(H) B30.11-1980, Monorails and Underhung Cranes.

(I) B30.13-1977, Controlled Mechanical Storage Cranes.

(J) ASME B30.14-2004, Side Boom Tractors, issued Sept. 20, 2004.

(K) B30.17-1992, Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist).

(2) American Welding Society (AWS) standards:

(A) AWS D1.1/D1.1M:2002, Structural Welding Code--Steel, 18th ed., ANSI approved Aug. 31, 2001.

(B) ANSI/AWS D14.3-94, Specification for Welding Earthmoving and Construction Equipment, ANSI approved Jun. 11, 1993.

(3) British Standards Institution (BSI) standards:

(A) BS EN 13000:2004, Cranes--Mobile Cranes, published Jan. 4, 2006.

(B) BS EN 14439:2006, Cranes--Safety--Tower Cranes, published Jan. 31, 2007.

(4) International Organization for Standardization (ISO) standards:

(A) ISO 11660-1:2008(E), Cranes--Access, guards and restraint--Part 1: General, 2d ed., Feb. 15, 2008.

(B) ISO 11660-2:1994(E), Cranes--Access, guards and restraints--Part 2: Mobile cranes, 1994.

(5) Power Crane and Shovel Association (PCSA) standards:

(A) PCSA Std. No. 1, Mobile Crane and Excavator Standards, 1968.

(B) PCSA Std. No. 2, Mobile Hydraulic Crane Standards, 1968.

(6) Society of Automotive Engineers (SAE) standards:

(A) SAE J185 (reaf. May 2003), Access Systems for Off-Road Machines, reaffirmed May 2003.

(B) SAE J987 (rev. Jun. 2003), Lattice Boom Cranes -- Method of Test, revised Jun. 2003.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1610.3. Definitions.

Note • History

A/D Director (Assembly/Disassembly Director). An individual who meets this section's requirements for an A/D director, irrespective of the person's formal job title or whether the person is non-management or management personnel.

Accessory gear. Those items specified by the crane manufacturer as being authorized for use on the load chart such as jibs, blocks, and hooks.

Articulating Crane. A crane whose boom consists of a series of folding, pin connected structural members, typically manipulated to extend or retract by power from hydraulic cylinders.

Assembly/Disassembly. The assembly and/or disassembly of equipment covered under this standard. With regard to tower cranes, “erecting and climbing” replaces the term “assembly,” and “dismantling” replaces the term “disassembly.” Regardless of whether the crane is initially erected to its full height or is climbed in stages, the process of increasing the height of the crane is an erection process.

Assist Crane. A crane used to assist in assembling or disassembling a crane.

Attachment(s). Any device that expands the range of tasks that can be done by the equipment. Examples include, but are not limited to: An auger, drill, magnet, pile-driver, and boom-attached personnel platform.

Audible Signal. A signal made by a distinct sound or series of sounds. Examples include, but are not limited to, sounds made by a bell, horn, or whistle.

Blocking (also referred to as “cribbing”) is wood or other material used to support equipment or a component and distribute loads to the ground. It is typically used to support lattice boom sections during assembly/disassembly and under outrigger and stabilizer floats.

Boatswain's Chair. A single-point adjustable suspension scaffold consisting of a seat or sling (which may be incorporated into a full body harness) designed to support one employee in a sitting position.

Bogie. See “Trolley (Travel Bogie),” which is defined below.

Boom. A member section of a crane or derrick, the lower end of which is affixed to a mast, base, carriage, or support, and the upper end supports a hook or other end attachment. The length of the boom shall be taken as the straight line distance between the axis of the foot pin and the axis of the end sheave pin.

Boom (equipment other than tower crane). An inclined spar, strut, or other long structural member which supports the upper hoisting tackle on a crane or derrick. Typically, the length and vertical angle of the boom can be varied to achieve increased height or height and reach when lifting loads. Booms can usually be grouped into general categories of hydraulically extendible, cantilevered type, latticed section, cable supported type or articulating type.

Boom (tower cranes): On tower cranes, if the “boom” (i.e., principal horizontal structure) is fixed, it is referred to as a jib; if it is moveable up and down, it is referred to as a boom.

Boom angle indicator. A device which measures the angle of the boom relative to horizontal.

Boom hoist limiting device. Includes boom hoist disengaging device, boom hoist shut-off, boom hoist disconnect, boom hoist hydraulic relief, boom hoist kick-outs, automatic boom stop device, or derricking limiter. This type of device disengages boom hoist power when the boom reaches a predetermined operating angle. It also sets brakes or closes valves to prevent the boom from lowering after power is disengaged.

Boom length indicator. Indicates the length of the permanent part of the boom (such as ruled markings on the boom) or, as in some computerized systems, the length of the boom with extensions/attachments.

Boom stop. Includes boom stops, (belly straps with struts/standoff), telescoping boom stops, attachment boom stops, and backstops. These devices restrict the boom from moving above a certain maximum angle and toppling over backward.

Boom suspension system. A system of pendants, running ropes, sheaves, and other hardware which supports the boom tip and controls the boom angle.

Builder. The builder/constructor of equipment.

Center of gravity: The center of gravity of any object is the point in the object around which its weight is evenly distributed. If you could put a support under that point, you could balance the object on the support.

Certificating Agency. Certificating agencies are qualified agencies, and/or persons, licensed by the Division to examine, test and certify cranes and derricks in accordance with Sections 344.60 through 344.67 of Title 8 of the California Code of Regulations.

Certified Agent. The manufacturer, or a person who is currently registered as a professional civil, mechanical, or structural engineer by the State of California and is knowledgeable in the structure and use of the equipment.

Certified welder. A welder who meets nationally recognized certification requirements applicable to the task being performed.

Climbing. The process in which a tower crane is raised to a new working height, either by adding additional tower sections to the top of the crane (top climbing), or by a system in which the entire crane is raised inside the structure (inside climbing).

Come-a-long. A mechanical device typically consisting of a chain or cable attached at each end that is used to facilitate movement of materials through leverage.

Competent person. A person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Controlled load lowering. Lowering a load by means of a mechanical hoist drum device that allows a hoisted load to be lowered with maximum control using the gear train or hydraulic components of the hoist mechanism. Controlled load lowering requires the use of the hoist drive motor, rather than the load hoist brake, to lower the load.

Controlling entity. An employer that is a prime contractor, general contractor, construction manager or any other legal entity which has the overall responsibility for the construction of the project -- its planning, quality and completion.

Counterweight. A weight used to supplement the weight of equipment in providing stability for lifting loads by counterbalancing those loads.

Crane. A machine for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. It may be driven manually or by power and may be a fixed or a mobile machine, but does not include stackers, lift trucks, power shovels, backhoes, or excavators. Some of the common types of cranes are defined as follows:

(A) Boom-Type Mobile Crane. A self-propelled crane equipped with a boom and mounted on a chassis which is supported on either rubber tires, crawler treads or railway wheels running on railroad tracks.

(B) Cantilever Gantry Crane. A crane in which the bridge girders or trusses are extended transversely beyond the crane runway on one or both sides. Its runway may be either on the ground or elevated.

(C) Crawler Crane. A crane consisting of a superstructure with power plant, operating machinery and boom, mounted on a base, equipped with crawler treads for travel.

(D) Floor Operated Crane. A crane which is pendant or nonconductive rope controlled by an operator on the floor or an independent platform.

(E) Gantry Crane. A crane similar to an overhead traveling crane, except that the bridge for carrying the trolley or trolleys is rigidly supported on two or more movable legs running on fixed rails or other runway.

(1) Container Handling Yard Crane. Rubber tired gantry crane.

(F) Hammerhead Crane. A rotating, counterbalanced cantilever, equipped with one or more trolleys and supported by a pivot or turntable on a traveling or fixed tower.

(G) Jib Crane. A fixed crane consisting of a supported vertical member from which extends a horizontal swinging arm carrying a trolley hoist or other hoisting mechanism.

(H) Locomotive Crane. A crane mounted on a base or car equipped for travel on a railroad track.

(I) Monorail Crane. A crane whose hoisting mechanism is suspended from, and is an integral part of, one or more trolleys mounted on a single track.

(J) Motor Truck Crane. A boom-type mobile crane mounted on a motor truck frame or rubber-tired chassis. It consists of a rotating superstructure with power plant, operating mechanism and boom.

(K) Overhead Traveling or Bridge Crane. A crane on a pair of parallel elevated runways, adapted to lift and lower a load and carry it horizontally parallel to, or at right angles to, the runways or both; and consisting of one or more trolleys operating on the bridge which in turn consists of one or more girders or trusses mounted on trucks operating on the elevated runways, with its operation limited to the area between the runways.

(L) Pillar Crane. A fixed crane consisting of a vertical member held in position at the base to resist overturning moment with constant-radius revolving boom supported at the outer end by a tension member.

(M) Pillar Jib Crane. A fixed crane consisting of a vertical member held at the base with a horizontal revolving arm carrying a trolley.

(N) Polar Crane. A bridge or gantry type crane which travels on a circular track.

(O) Portal Crane (Whirly Type). A type of crane consisting of a rotating upperstructure, hoist machinery, and boom mounted on top of a structural gantry which may be fixed in one location or have travel capability. The gantry legs or columns usually have portal openings in between to allow passage of traffic beneath the gantry.

(P) Power Operated Crane. A crane whose mechanism is driven by electric, air, hydraulic or internal combustion means.

(Q) Pulpit-Operated Crane. A crane operated from a fixed operation station not a hazard to the crane.

(R) Remote-Operated Crane. A crane controlled by an operator not in a pulpit or in a cab hooked to the crane, by any method other than pendant or rope control.

(S) Standby Crane. A crane which is not in regular service but which is used occasionally or intermittently as required.

(T) Semi-Gantry or Single Leg Crane. A gantry crane with 1 end of the bridge rigidly supported on one or more movable legs, running on a fixed rail or runway, the other end of the bridge being supported by a truck running on an elevated rail or runway.

(U) Semi-Portal Crane. A portal crane mounted on a semi-gantry frame instead of a gantry frame.

(W) Traveling Jib Crane. A jib crane with the vertical member running on a track, its upper end guided by a parallel overhead track.

(X) Wall Crane. A crane having jib with or without a trolley and supported from a side wall or line of columns of a building.

(Y) Wheel Mounted Crane. A crane consisting of a rotating superstructure with power plant, operating machinery and boom, mounted on a base or platform equipped with axles and rubber-tired wheels for travel. The base is usually propelled by the engine in the superstructure, but it may be equipped with a separate engine controlled from the superstructure. Its function is to hoist and swing loads at various radii.

Crossover points. Locations on a wire rope which is spooled on a drum where one layer of rope climbs up on and crosses over the previous layer. This takes place at each flange of the drum as the rope is spooled onto the drum, reaches the flange, and begins to wrap back in the opposite direction.

Dedicated channel. A line of communication assigned by the employer who controls the communication system to only one signal person and crane/derrick or to a coordinated group of cranes/derricks/signal person(s).

Dedicated drilling rig. A machine which creates bore holes and/or shafts in the ground.

Dedicated pile-driver is a machine that is designed to function exclusively as a pile-driver. These machines typically have the ability to both hoist the material that will be pile-driven and to pile-drive that material.

Dedicated spotter (power lines): To be considered a dedicated spotter, the requirements of Section 1618.2 (Signal person qualifications) must be met and his/her sole responsibility is to watch the separation between the power line and the equipment, load line and load (including rigging and lifting accessories), and ensure through communication with the operator that the applicable minimum approach distance is not breached.

Derrick. An apparatus consisting of a mast or equivalent member held at the top by guys or braces, with or without a boom, for use with a hoisting mechanism and operating rope, for lifting or lowering a load and moving it horizontally.

(A) A-Frame Derrick. A derrick in which the boom is hinged from a cross member between the bottom ends of two upright members spread apart at the lower ends and joined at the top; the boom point secured to the junction of the side members, and the side members are braced or guyed from this junction point.

(B) Breast Derrick. A derrick without a boom. The mast consists of two side members spread farther apart at the base than at the top and tied together at top and bottom by rigid members. The mast is prevented from tipping forward by guys connected to its top. The load is raised and lowered by ropes through a sheave or block secured to the top crosspiece.

(C) Gin Pole Derrick. A derrick without a boom. Its guys are so arranged from its top to permit leaning the mast in any direction. The load is raised and lowered by ropes reeved through sheaves or blocks at the top of the mast.

(D) Guy Derrick. A fixed derrick consisting of a mast capable of being rotated, supported in a vertical position by guys, and a boom whose bottom end is hinged or pivoted to move in a vertical plane with a reeved rope between the head of the mast and the boom point for raising and lowering the boom, and a reeved rope from the boom point for raising and lowering the load.

(E) Stiffleg Derrick. A derrick similar to a guy derrick except that the mast is supported or held in place by two or more stiff members, called stifflegs, which are capable of resisting either tensile or compressive forces. Sills are generally provided to connect the lower ends of the stifflegs to the foot of the mast.

(F) Shearleg Derrick. A derrick without a boom and similar to a breast derrick. The mast, wide at the bottom and narrow at the top, is hinged at the bottom and has its top secured by a multiple reeved guy to permit handling loads at various radii by means of load tackle suspended from the mast top.

Designated Person. A person selected or assigned by the employer or the employer's representative, qualified to perform specific duties.

Directly under the load. A part or all of an employee is directly beneath the load.

Dismantling. Includes partial dismantling (such as dismantling to shorten a boom or substitute a different component).

Drum rotation indicator. A device on a crane or hoist which indicates in which direction and at what relative speed a particular hoist drum is turning.

Electrical contact. Occurs when a person, object, or equipment makes contact or comes in close proximity with an energized conductor or equipment that allows the passage of current.

Employer-made equipment. Floating cranes/derricks designed and built by an employer for the employer's own use.

Encroachment. Where any part of the crane, load line or load (including rigging and lifting accessories) breaches a minimum clearance distance that this Article 15 requires to be maintained from a power line.

Equipment criteria. Instructions, recommendations, limitations and specifications.

Fall protection equipment. Guardrail systems, safety net systems, personal fall arrest systems, positioning device systems or fall restraint systems.

Fall restraint system. A fall protection system that prevents the user from falling any distance. The system is comprised of either a body belt or body harness, along with an anchorage, connectors and other necessary equipment. The other components typically include a lanyard, and may also include a lifeline and other devices.

Fall zone. The area (including but not limited to the area directly beneath the load) in which it is reasonably foreseeable that partially or completely suspended materials could fall in the event of an accident.

Flange points. Points of contact between rope and drum flange where the rope changes layers.

Floating cranes/derricks. Equipment designed by the manufacturer (or employer) for marine use by permanent attachment to a barge, pontoons, vessel or other means of flotation.

For example means “one example, although there are others.”

Free fall (of the load line) means that only the brake is used to regulate the descent of the load line (the drive mechanism is not used to drive the load down faster or retard its lowering).

Free surface effect is the uncontrolled transverse movement of liquids in compartments which reduce a vessel's transverse stability.

Hoist. A mechanical device for lifting and lowering loads by winding a line onto or off a drum.

Hoisting. The act of raising, lowering or otherwise moving a load in the air with equipment covered by this standard. As used in this standard, “hoisting” can be done by means other than wire rope/hoist drum equipment.

Include/including means “including, but not limited to.”

Insulating link/device. An insulating device listed, labeled, or accepted by a Nationally Recognized Testing Laboratory in accordance with 29 CFR 1910.7.

Jib stop (also referred to as a jib backstop), is the same type of device as a boom stop but is for a fixed or luffing jib.

Land crane/derrick. Equipment not originally designed by the manufacturer for marine use by permanent attachment to barges, pontoons, vessels, or other means of floatation.

List. The angle of inclination about the longitudinal axis of a barge, pontoons, vessel or other means of floatation.

Load refers to the object(s) being hoisted and/or the weight of the object(s); both uses refer to the object(s) and the load-attaching equipment, such as, the load block, ropes, slings, shackles, and any other ancillary attachment.

Load moment (or rated capacity) indicator. A system which aids the equipment operator by sensing (directly or indirectly) the overturning moment on the equipment, i.e., load multiplied by radius. It compares this lifting condition to the equipment's rated capacity, and indicates to the operator the percentage of capacity at which the equipment is working. Lights, bells, or buzzers may be incorporated as a warning of an approaching overload condition.

Load moment (or rated capacity) limiter. A system which aids the equipment operator by sensing (directly or indirectly) the overturning moment on the equipment, i.e., load multiplied by radius. It compares this lifting condition to the equipment's rated capacity, and when the rated capacity is reached, it shuts off power to those equipment functions which can increase the severity of loading on the equipment, e.g., hoisting, telescoping out, or luffing out. Typically, those functions which decrease the severity of loading on the equipment remain operational, e.g., lowering, telescoping in, or luffing in.

Locomotive crane. A crane mounted on a base or car equipped for travel on a railroad track.

Luffing jib limiting device. Similar to a boom hoist limiting device, except that it limits the movement of the luffing jib.

Marine hoisted personnel transfer device. A device, such as a “transfer net,” that is designed to protect the employees being hoisted during a marine transfer and to facilitate rapid entry into and exit from the device. Such devices do not include boatswain's chairs when hoisted by equipment covered by this standard.

Marine worksite. A construction worksite located in, on or above the water.

Mobile crane. A lifting device incorporating a cable suspended latticed boom or hydraulic telescopic boom designed to be moved between operating locations by transport over the road.

Moving point-to-point means the times during which an employee is in the process of going to or from a work station.

Multi-purpose machine. A machine that is designed to be configured in various ways, at least one of which allows it to hoist (by means of a winch or hook) and horizontally move a suspended load. For example, a machine that can rotate and can be configured with removable forks/tongs (for use as a forklift) or with a winch pack, jib (with a hook at the end) or jib used in conjunction with a winch. When configured with the forks/tongs, it is not covered by this standard. When configured with a winch pack, jib (with a hook at the end) or jib used in conjunction with a winch, it is covered by this standard.

Nonconductive means that, because of the nature and condition of the materials used, and the conditions of use (including environmental conditions and condition of the material), the object in question has the property of not becoming energized (that is, it has high dielectric properties offering a high resistance to the passage of current under the conditions of use).

Operational aids. Devices that assist the operator in the safe operation of the crane by providing information or automatically taking control of a crane function. These include, but are not limited to, the devices listed in Section 1615.2 (“listed operational aids”).

Operational controls. Levers, switches, pedals and other devices for controlling equipment operation.

Operator. A person who is operating the equipment.

Overhead and gantry cranes. Includes overhead/bridge cranes, semi-gantry, cantilever gantry, wall cranes, storage bridge cranes, launching gantry cranes, and similar equipment, irrespective of whether it travels on tracks, wheels, or other means.

Pendants.

(A) Wire type: A fixed length of wire rope with mechanical fittings at both ends for pinning segments of wire rope together.

(B) Bar type: Instead of wire rope, a bar is used. Pendants are typically used in a latticed boom crane system to easily change the length of the boom suspension system without completely changing the rope on the drum when the boom length is increased or decreased.

Power lines. Electric transmission and distribution lines.

Procedures. Include, but are not limited to: Instructions, diagrams, recommendations, warnings, specifications, protocols and limitations.

Proximity alarm. A device that provides a warning of proximity to a power line and that has been listed, labeled, or accepted by a Nationally Recognized Testing Laboratory in accordance with 29 CFR 1910.7, or approved in accordance with Section 1505.

Qualified evaluator (not a third party). A person employed by the signal person's employer who has demonstrated that he/she is competent in accurately assessing whether individuals meet the Qualification Requirements in this Article 15 for a signal person.

Qualified evaluator (third party). An entity that, due to its independence and expertise, has demonstrated that it is competent in accurately assessing whether individuals meet the Qualification Requirements in this Article 15 for a signal person.

Qualified rigger is a rigger who meets the criteria for a qualified person.

Range control limit device. A device that can be set by an equipment operator to limit movement of the boom or jib tip to a plane or multiple planes.

Range control warning device. A device that can be set by an equipment operator to warn that the boom or jib tip is at a plane or multiple planes.

Rated capacity. The maximum working load permitted by the manufacturer under specified working conditions. Such working conditions typically include a specific combination of factors such as equipment configuration, radii, boom length, and other parameters of use.

Rated capacity indicator: See load moment indicator.

Rated capacity limiter: See load moment limiter.

Registered Professional Engineer (RPE). A person who is registered as a professional civil, mechanical, or structural engineer by the State of California and is knowledgeable in the structure and use of the equipment.

Repetitive pickup points refer to, when operating on a short cycle operation, the rope being used on a single layer and being spooled repetitively over a short portion of the drum.

Running wire rope. A wire rope that moves over sheaves or drums.

Runway. A firm, level surface designed, prepared and designated as a path of travel for the weight and configuration of the crane being used to lift and travel with the crane suspended platform. An existing surface may be used as long as it meets these criteria.

Sideboom crane. A track-type or wheel-type tractor having a boom mounted on the side of the tractor, used for lifting, lowering or transporting a load suspended on the load hook. The boom or hook can be lifted or lowered in a vertical direction only.

Special hazard warnings. Warnings of site-specific hazards (for example, proximity of power lines).

Stability (flotation device). The tendency of a barge, pontoons, vessel or other means of flotation to return to an upright position after having been inclined by an external force.

Standard Method means the protocol in General Industry Safety Orders, Section 5001, Plate I for hand signals.

Superstructure: See “Upperworks.”

Tagline. A rope (usually fiber) attached to a lifted load for purposes of controlling load spinning and pendular motions or used to stabilize a bucket or magnet during material handling operations.

Tender. An individual responsible for monitoring and communicating with a diver.

Tilt up or tilt down operation. Raising/lowering a load from the horizontal to vertical or vertical to horizontal.

Trolley (Travel bogie). A truck or carriage supporting the load mounted on an overhead beam, bridge, cableway or track.

Trim. Angle of inclination about the transverse axis of a barge, pontoons, vessel or other means of floatation.

Two-Blocking. A condition in which the lower load block or hook assembly comes into contact with the upper load block or boom point sheave assembly. This binds the system and continued application of power can cause failure of the hoist rope or other component.

Unavailable procedures. Procedures that are no longer available from the manufacturer, or have never been available, from the manufacturer.

Upperstructure: See “Upperworks.”

Upperworks. The revolving frame of equipment on which the operating machinery (and many cases the engine) are mounted along with the operator's cab. The counterweight is typically supported on the rear of the upperstructure and the boom or other front end attachment is mounted on the front.

Up to means “up to and including.”

Wire rope. A flexible rope constructed by laying steel wires into various patterns of multi-wired strands around a core system to produce a helically wound rope.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. New definitions of “Accessory gear,” “Dedicated drilling rig,” “Designated person” and “Registered Professional Engineer (RPE)” filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1610.4. Design, Construction and Testing.

Note • History

The following requirements apply to equipment that has a manufacturer rated hoisting/lifting capacity of more than 2,000 pounds.

(a) Crawler, truck and locomotive cranes manufactured prior to July 7, 2011 shall meet the applicable requirements for design, construction, and testing as prescribed in the applicable edition of ANSI B30.5 as prescribed by General Industry Safety Orders, Section 4884.

(b) Mobile (including crawler and truck) and locomotive cranes manufactured on or after July 7, 2011 shall meet the following portions of ASME B30.5-2004 (incorporated by reference) as applicable:

(1) In section 5-1.1.1 (“Load Ratings--Where Stability Governs Lifting Performance”), paragraphs (a)-(d) (including subparagraphs).

(2) In section 5-1.1.2 (“Load Ratings--Where Structural Competence Governs Lifting Performance”), paragraph (b).

(3) Section 5-1.2 (“Stability (Backward and Forward)”).

(4) In section 5-1.3.1 (“Boom Hoist Mechanism”), paragraphs (a), (b)(1) and (b)(2), except that when using rotation resistant rope, Section 1614(e)(4)(B)1 applies.

(5) In section 5-1.3.2 (“Load Hoist Mechanism”), paragraphs (a)(2) through (a)(4) (including subparagraphs), (b) (including subparagraphs), (c) (first sentence only) and (d).

(6) Section 5-1.3.3 (“Telescoping Boom”).

(7) Section 5-1.4 (“Swing Mechanism”).

(8) In section 5-1.5 (“Crane Travel”), all provisions except 5-1.5.3(d).

(9) In section 5-1.6 (“Controls”), all provisions except 5-1.6.1(c).

(10) Section 5-1.7.4 (“Sheaves”).

(11) Section 5-1.7.5 (“Sheave sizes”).

(12) In section 5-1.9.1 (“Booms”), paragraph (f).

(13) Section 5-1.9.3 (“Outriggers”).

(14) Section 5-1.9.4 (“Locomotive Crane Equipment”).

(15) Section 5-1.9.7 (“Clutch and Brake Protection”).

(16) In section 5-1.9.11 (“Miscellaneous equipment”), paragraphs (a), (c), (e), and (f).

(c) Prototype testing: Cranes manufactured on or after November 8, 2010 shall meet the prototype testing requirements prescribed in 29 CFR 1926.1433(c).

(d) All equipment covered by this Article shall meet the following requirements:

(1) Rated capacity and related information. The information available in the cab [see Section 1616.1(c)] regarding “rated capacity” and related information shall include, at a minimum, the following information:

(A) A complete range of the manufacturer's equipment rated capacities, as follows:

1. At all manufacturer approved operating radii, boom angles, work areas, boom lengths and configurations, jib lengths and angles (or offset).

2. Alternate ratings for use and nonuse of option equipment which affects rated capacities, such as outriggers, stabilizers, and extra counterweights.

(B) A work area chart for which capacities are listed in the load chart.

(NOTE: An example of this type of chart is in ASME B30.5-2004, section 5-1.1.3, Figure 11).

(D) Recommended reeving for the hoist lines shall be shown.

(E) Recommended parts of hoist reeving, size, and type of wire rope for various equipment loads.

(F) Recommended boom hoist reeving diagram, where applicable; size, type and length of wire rope.

(G) Tire pressure (where applicable).

(H) Caution or warnings relative to limitations on equipment and operating procedures, including an indication of the least stable direction.

(I) Position of the gantry and requirements for intermediate boom suspension (where applicable).

(J) Instructions for boom erection and conditions under which the boom, or boom and jib combinations, may be raised or lowered.

(K) Whether the hoist holding mechanism is automatically or manually controlled, whether free fall is available, or any combination of these.

(L) The maximum telescopic travel length of each boom telescopic section.

(M) Whether sections are telescoped manually or with power.

(N) The sequence and procedure for extending and retracting the telescopic boom section.

(O) Maximum loads permitted during the boom extending operation, and any limiting conditions or cautions.

(P) Hydraulic relief valve settings specified by the manufacturer.

(2) Load hooks (including latched and unlatched types), ball assemblies and load blocks shall be of sufficient weight to overhaul the line from the highest hook position for boom or boom and jib lengths and the number of parts of the line in use.

(3) Hook and ball assemblies and load blocks shall be marked with their rated capacity and weight.

(4) Latching hooks.

(A) Hooks shall be equipped with latches, except where the requirements of subsection (d)(4)(B) of this section are met.

(B) Hooks without latches, or with latches removed or disabled, must not be used unless:

1. A qualified person has determined that it is safer to hoist and place the load without latches (or with the latches removed/tied-back).

2. Routes for the loads are preplanned to ensure that no employee is required to work in the fall zone except for employees necessary for the hooking or unhooking of the load.

(C) The latch must close the throat opening and be designed to retain slings or other lifting devices/accessories in the hook when the rigging apparatus is slack.

(5) Posted warnings. Posted warnings required by this Article as well as those originally supplied with the equipment by the manufacturer shall be maintained in legible condition.

(6) An accessible fire extinguisher shall be on the equipment.

(7) Cabs. Equipment with cabs shall meet the following requirements:

(A) Cabs shall be designed with a form of adjustable ventilation and method for clearing the windshield for maintaining visibility and air circulation. Examples of means for adjustable ventilation include air conditioner or window that can be opened (for ventilation and air circulation); examples of means for maintaining visibility include heater (for preventing windshield icing), defroster, fan, windshield wiper.

(B) Cab doors (swinging, sliding) shall be designed to prevent inadvertent opening or closing while traveling or operating the machine. Swinging doors adjacent to the operator shall open outward. Sliding operator doors shall open rearward.

1. The cab shall have windows in front and on both sides of the operator. Forward vertical visibility shall be sufficient to give the operator a view of the boom point at all times.

2. Windows shall have sections designed to be opened or readily removed. Windows with sections designed to be opened shall be designed so that they can be secured to prevent inadvertent closure.

3. Windows shall be of safety glass or material with similar optical and safety properties, that introduce no visible distortion or otherwise obscure visibility that interferes with the safe operation of the equipment.

(D) A clear passageway shall be provided from the operator's station to an exit door on the operator's side.

(E) Areas of the cab roof that serve as a workstation for rigging, maintenance or other equipment-related tasks shall be capable of supporting 250 pounds without permanent distortion.

(8) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, and other parts or components that reciprocate, rotate or otherwise move shall be guarded where contact by employees (except for maintenance and repair employees) is possible in the performance of normal duties.

(9) All exhaust pipes, turbochargers, and charge air coolers shall be insulated or guarded where contact by employees (except for maintenance and repair employees) is possible in the performance of normal duties.

(10) Hydraulic and pneumatic lines shall be protected from damage to the extent feasible.

(11) The equipment shall be designed so that exhaust fumes are not discharged in the cab and are discharged in a direction away from the operator.

(12) Friction mechanisms. Where friction mechanisms (such as brakes and clutches) are used to control the boom hoist or load line hoist, they shall be:

(A) Of a size and thermal capacity sufficient to control all rated loads with the minimum recommended reeving.

(B) Adjustable to permit compensation for lining wear to maintain proper operation.

(13) Hydraulic load hoists. Hydraulic drums shall have an integrally mounted holding device or internal static brake to prevent load hoist movement in the event of hydraulic failure.

(e) The employer's obligations under subsections (a) through (c) and (d)(7) through (13) of this section are met where the equipment has not changed (except in accordance with Section 1610.6 (Equipment modifications)) and it can refer to documentation from the manufacturer showing that the equipment has been designed, constructed and tested in accordance with those subsections.

(f) Proof load tests and examinations of cranes and their accessory gear shall be conducted as required by General Industry Safety Orders, Section 5022.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. New subsection (f) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1610.5. Ground Conditions.

Note • History

(a) Definitions.

(1) Ground conditions. The ability of the ground to support the equipment (including slope, compaction, and firmness).

(2) Supporting materials. Blocking, mats, cribbing, marsh buggies (in marshes/wetlands), or similar supporting materials or devices.

(b) The equipment must not be assembled or used unless ground conditions are firm, drained, and graded to a sufficient extent so that, in conjunction (if necessary) with the use of supporting materials, the equipment manufacturer's specifications for adequate support and degree of level of the equipment are met. The requirement for the ground to be drained does not apply to marshes/wetlands.

(1) Ensure that ground preparations necessary to meet the requirements in subsection (b) are provided.

(2) Inform the user of the equipment and the operator of the location of hazards beneath the equipment set-up area (such as voids, tanks, utilities) if those hazards are identified in documents (such as site drawings, as-built drawings, and soil analyses) that are in the possession of the controlling entity (whether at the site or off-site) or the hazards are otherwise known to that controlling entity.

(d) If there is no controlling entity for the project, the requirement in subsection (c)(1) shall be met by the employer that has authority at the site to make or arrange for ground preparations needed to meet subsection (b).

(e) If the A/D director or the operator determines that ground conditions do not meet the requirements in subsection (b), that person's employer shall have a discussion with the controlling entity regarding the ground preparations that are needed so that, with the use of suitable supporting materials/devices (if necessary), the requirements in subsection (b) can be met.

(f) This section does not apply to cranes designed for use on railroad tracks when used on railroad tracks that are part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad Administration under 49 CFR part 213 and that comply with applicable Federal Railroad Administration requirements.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1610.6. Equipment Modifications.

Note • History

(a) Modifications or additions which affect the capacity or safe operation of the equipment are prohibited except where the requirements of subsections (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section are met.

(1) Manufacturer review and approval.

(A) The manufacturer approves the modifications/additions in writing.

(B) The load charts, procedures, instruction manuals and instruction plates/tags/decals are modified as necessary to accord with the modification/addition.

(2) Manufacturer refusal to review request. The manufacturer is provided a detailed description of the proposed modification/addition, is asked to approve the modification/addition, but it declines to review the technical merits of the proposal or fails, within 30 days, to acknowledge the request or initiate the review, and all of the following are met:

(A) A registered professional engineer who is a qualified person with respect to the equipment involved:

1. Approves the modification/addition and specifies the equipment configurations to which that approval applies, and

2. Modifies load charts, procedures, instruction manuals and instruction plates/tags/decals as necessary to accord with the modification/addition.

(B) The original safety factor of the equipment is not reduced.

(3) Unavailable manufacturer. The manufacturer is unavailable and the requirements of subsections (a)(2)(A) and (B) of this section are met.

(4) Manufacturer does not complete the review within 120 days of the request. The manufacturer is provided a detailed description of the proposed modification/addition, is asked to approve the modification/addition, agrees to review the technical merits of the proposal, but fails to complete the review of the proposal within 120 days of the date it was provided the detailed description of the proposed modification/addition, and the requirements of subsections (a)(2)(A) and (B) of this section are met.

(5) Multiple manufacturers of equipment designed for use on marine work sites. The equipment is designed for marine work sites, contains major structural components from more than one manufacturer, and the requirements of subsections (a)(2)(A) and (B) of this section are met.

(b) Modifications or additions which affect the capacity or safe operation of the equipment are prohibited where the manufacturer, after a review of the technical safety merits of the proposed modification/addition, rejects the proposal and explains the reasons for the rejection in a written response. If the manufacturer rejects the proposal but does not explain the reasons for the rejection in writing, the employer may treat this as a manufacturer refusal to review the request under subsection (a)(2) of this section.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1610.7. Fall Protection.

Note • History

(a) Application.

(1) Subsections (b), (c)(3), (e) and (f) apply to all equipment covered by Construction Safety Orders (CSO) Article 15 except tower cranes.

(2) Subsections (c)(1), (d), and (g) apply to all equipment covered by CSO Article 15.

(3) Subsections (c)(3) and (h) apply only to tower cranes.

(b) Boom walkways.

(1) Equipment manufactured after July 7, 2012 with lattice booms shall be equipped with walkways on the boom(s) if the vertical profile of the boom (from cord centerline to cord centerline) is 6 or more feet.

(2) Boom walkway criteria.

(A) The walkways shall be at least 12 inches wide.

(B) Guardrails, railings and other permanent fall protection attachments along boom walkways are:

1. Not required.

2. Prohibited on booms supported by pendant ropes or bars if the guardrails/railings/attachments could be snagged by the ropes or bars.

3. Prohibited if of the removable type (designed to be installed and removed each time the boom is assembled/disassembled).

4. Where not prohibited, guardrails or railings shall be in accordance with Article 16.

(1) The employer shall maintain in good condition originally-equipped steps, handholds, ladders and guardrails/railings/grabrails.

(2) Equipment manufactured after July 7, 2012 shall be equipped so as to provide safe access and egress between the ground and the operator work station(s), including the forward and rear positions, by the provision of devices such as steps, handholds, ladders, and guardrails/railings/grabrails. These devices shall meet the following criteria:

(A) Steps, handholds, ladders and guardrails/railings/grabrails shall meet the criteria of SAE J185 (May 2003) (incorporated by reference) or ISO 11660-2:1994(E) (incorporated by reference) except where infeasible.

(B) Walking/stepping surfaces, except for crawler treads, shall have slip-resistant features/properties (such as diamond plate metal, strategically placed grip tape, expanded metal, or slip-resistant paint).

(3) Tower cranes manufactured after July 7, 2012 shall be equipped so as to provide safe access and egress between the ground and the cab, machinery platforms, and tower (mast), by the provision of devices such as steps, handholds, ladders, and guardrails/railings/grabrails. These devices shall meet the following criteria:

(A) Steps, handholds, ladders, and guardrails/railings/grabrails shall meet the criteria of ISO 11660-1:2008(E) (incorporated by reference) and ISO 11660-3:2008(E) (incorporated by reference) or SAE J185 (May 2003) (incorporated by reference) except where infeasible.

(B) Walking/stepping surfaces shall have slip-resistant features/properties (such as diamond plate metal, strategically placed grip tape, expanded metal, or slip-resistant paint).

(d) Personal fall arrest and fall restraint systems.

Personal fall arrest system components shall be used in personal fall arrest and fall restraint systems and shall conform to the criteria in Section 1670 except that Section 1670(b)(10) does not apply to components used in personal fall arrest and fall restraint systems.

(e) For non-assembly/disassembly work, the employer shall provide and ensure the use of fall protection equipment for employees who are on a walking/working surface with an unprotected side or edge more than 7-1/2 feet above a lower level as follows:

(1) When moving point-to-point:

(A) On non-lattice booms (whether horizontal or not horizontal).

(B) On lattice booms that are not horizontal.

(2) While at a work station on any part of the equipment (including the boom, of any type), except when the employee is at or near draw-works (when the equipment is running), in the cab, or on the deck.

(f) For assembly/disassembly work, the employer shall provide and ensure the use of fall protection equipment for employees who are on a walking/working surface with an unprotected side or edge more than 15 feet above a lower level, except when the employee is at or near draw-works (when the equipment is running), in the cab, or on the deck.

(g) Anchorage criteria.

(1) Sections 1670(b)(10) and 1670(c)(4) apply to equipment covered by this section only to the extent delineated in subsection (g)(2) of this section.

(2) Anchorages for personal fall arrest and positioning device systems.

(A) Personal fall arrest systems shall be anchored to any apparently substantial part of the equipment unless a competent person, from a visual inspection, would conclude that the criteria in Section 1670(b)(10) would not be met.

(B) Positioning device systems shall be anchored to any apparently substantial part of the equipment unless a competent person, from a visual inspection, without an engineering analysis, would conclude that the criteria in Section 1670(c)(4) would not be met.

(C) Attachable anchor devices (portable anchor devices that are attached to the equipment) shall meet the anchorage criteria in Section 1670(b)(10) for personal fall arrest systems and Section 1670(c)(4) for positioning device systems.

(3) Anchorages for fall restraint systems. Fall restraint systems shall be anchored to any part of the equipment that is capable of withstanding twice the maximum load that an employee may impose on it during reasonably anticipated conditions of use.

(h) Tower cranes.

(1) For work other than erecting, climbing, and dismantling, the employer shall provide and ensure the use of fall protection equipment for employees who are on a walking/working surface with an unprotected side or edge more than 7-1/2 feet above a lower level, except when the employee is at or near draw-works (when the equipment is running), in the cab, or on the deck.

(2) For erecting, climbing, and dismantling work, the employer shall provide and ensure the use of fall protection equipment for employees who are on a walking/working surface with an unprotected side or edge more than 15 feet above a lower level.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1610.8. Equipment with a Rated Hoisting/Lifting Capacity of 2,000 Pounds or Less.

Note • History

The following subsections specify requirements for employers using equipment with a maximum rated hoisting/lifting capacity of 2,000 pounds or less.

(a) The employer using this equipment shall comply with the following provisions of this Article 15: Section 1610.1 (Scope); Section 1610.3 (Definitions); Section 1610.5 (Ground conditions); Section 1611.1 (Assembly/disassembly -- selection of manufacturer or employer procedures); Section 1611.4 (Assembly/disassembly -- employer procedures); Section 1611.5 and Sections 1612.1 through 1612.4 (Power line safety); Section 1613.3 (Post-assembly); Section 1613.10 (Wire Rope Inspection); Section 1614 (Wire Rope Selection); Section 1616.2 (Authority to stop operation); Sections 1617.1 through 1617.3 (Signals); Section 1610.7 (Fall protection); Section 1616.4 (Keeping clear of the load) [except for Section 1616.4(c)(2) (qualified rigger)]; Section 1616.5 (Free fall and controlled load lowering); Section 1616.7 (Multiple Crane/Derrick Lifts -- supplemental requirements); Section 1610.6 (Equipment Modifications); Section 1619.1 (Tower cranes); Section 1619.2 (Derricks); Section 1619.3 (Floating cranes/derricks and land cranes/derricks on barges); Section 1619.4 (Overhead & gantry cranes).

(b) Assembly/disassembly.

(1) In addition to compliance with Section 1611.1 (Assembly/disassembly -- selection of manufacturer or employer procedures) and Section 1611.4 (Assembly/disassembly -- employer procedures), the employer shall also comply with Section 1610.8(b)(2)-(3).

(2) Components and configuration.

The employer shall ensure that:

(A) The selection of components, and the configuration of the equipment, that affect the capacity or safe operation of the equipment complies with either the:

1. Manufacturer instructions, recommendations, limitations, and specifications. When these documents and information are unavailable, a certified agent familiar with the type of equipment involved shall approve, in writing, the selection and configuration of components; or

2. Approved modifications that meet the requirements of Section 1610.6 (Equipment modifications).

(B) Post-Assembly Inspection. Upon completion of assembly, the equipment is inspected to ensure that it is in compliance with subsection (b)(2)(A) of this section (see Section 1613.3 for post-assembly inspection requirements).

(3) Manufacturer prohibitions. The employer shall comply with applicable manufacturer prohibitions.

(1) The employer shall comply with all manufacturer procedures applicable to the operational functions of the equipment, including its use with attachments.

(2) Unavailable operation procedures.

The employer shall:

(A) When the manufacturer's procedures are unavailable, develop, and ensure compliance with, all procedures necessary for the safe operation of the equipment and attachments.

(B) Ensure that procedures for the operational controls are developed by a qualified person.

(C) Ensure that procedures related to the capacity of the equipment are developed and signed by a certified agent familiar with the equipment.

(3) Accessibility. The employer shall ensure that:

(A) The load chart is available to the operator at the control station;

(B) Procedures applicable to the operation of the equipment, recommended operating speeds, special hazard warnings, instructions, and operator's manual are readily available for use by the operator.

(C) When rated capacities are available at the control station only in electronic form and a failure occurs that makes the rated capacities inaccessible, the operator immediately ceases operations or follows safe shut-down procedures until the rated capacities (in electronic or other form) are available.

(d) Safety devices and operational aids.

(1) The employer shall ensure that safety devices and operational aids that are part of the original equipment are maintained in accordance with manufacturer's procedures.

(2) Anti two-blocking. The employer shall ensure that equipment covered by this section manufactured more than one year after July 7, 2011 have either an anti two-block device that meets the requirements of Section 1615.2(d)(3), or is designed so that, in the event of a two-block situation, no damage or load failure will occur (for example, by using a power unit that stalls in response to a two-block situation).

(e) Operator qualifications. The employer shall train each operator, prior to operating the equipment, on the safe operation of the type of equipment the operator will be using.

(f) Signal person qualifications. The employer shall train each signal person in the proper use of signals applicable to the use of the equipment.

(g) [Reserved.]

(h) Inspections. The employer shall ensure that equipment is inspected in accordance with manufacturer's procedures.

(i) [Reserved.]

(j) Hoisting personnel. The employer shall ensure that equipment covered by this section is not used to hoist personnel.

(k) Design. The employer shall ensure that the equipment is designed by a qualified engineer.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1610.9. Equipment Over Three Tons Rated Capacity.

Note • History

(a) All cranes and derricks used in lifting service, exceeding three tons rated capacity, and their accessory gear shall not be used until the employer has ascertained that such equipment has been certificated as evidenced by current and valid documents attesting to compliance with the following:

(1) Tests and examinations shall be conducted annually by a currently licensed certificating agency or designee listed in the certificating agency license, and a certificate shall be issued by the certificating agency;

(2) Certificates attesting to current compliance with testing and examination standards of requirements shall be maintained for each crane or derrick and shall be in a form acceptable to the Division. (See Section 4885, Plate V.) A copy of such certification shall be available with each crane and derrick or at the project site.

NOTE: The term “lifting service” as used in this Section is not intended to include operations of the following equipment: (1) Clamshells, draglines and other similar equipment used for casting-type work; (2) Pile drivers, other than those using gravity (drop) hammers.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment of section heading and subsection (a)(2) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1611. Assembly/Disassembly.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1611.1. Assembly/Disassembly -- Selection of Manufacturer or Employer Procedures.

Note • History

When assembling or disassembling equipment (or attachments), the employer shall comply with all applicable manufacturer prohibitions and shall comply with either:

(a) Manufacturer procedures applicable to assembly and disassembly, or

(b) Employer procedures for assembly and disassembly. Employer procedures may be used only where the employer can demonstrate that the procedures used meet the requirements in Section 1611.4. Note: The employer shall follow manufacturer procedures when using synthetic slings during assembly or disassembly rigging. [See Section 1611.2(r).]

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1611.2. Assembly/Disassembly--General Requirements (Applies to All Assembly and Disassembly Operations).

Note • History

(a) Supervision--competent-qualified person.

(1) Assembly/disassembly shall be directed by a person who meets the criteria for both a competent person and a qualified person, or by a competent person who is assisted by one or more qualified persons (“A/D director”).

(2) Where the assembly/disassembly is being performed by only one person, that person shall meet the criteria for both a competent person and a qualified person. For purposes of this standard, that person is considered the A/D director.

(b) Knowledge of procedures. The A/D director shall understand the applicable assembly/disassembly procedures.

(c) Review of procedures. The A/D director shall review the applicable assembly/disassembly procedures immediately prior to the commencement of assembly/disassembly unless the A/D director understands the procedures and has applied them to the same type and configuration of equipment (including accessories, if any).

(d) Crew instructions.

(1) Before commencing assembly/disassembly operations, the A/D director shall ensure that the crew members understand all of the following:

(A) Their tasks.

(B) The hazards associated with their tasks.

(2) During assembly/disassembly operations, before a crew member takes on a different task, or when adding new personnel during the operations, the requirements in subsections (d)(1)(A) through (d)(1)(C) of this section shall be met.

(e) Protecting assembly/disassembly crew members out of operator view.

(1) Before a crew member goes to a location that is out of view of the operator and is either in, on, or under the equipment, or near the equipment (or load) where the crew member could be injured by movement of the equipment (or load), the crew member must inform the operator that he/she is going to that location.

(2) Where the operator knows that a crew member went to a location covered by subsection (e)(1), the operator shall not move any part of the equipment (or load) until the operator is informed in accordance with a prearranged system of communication that the crew member is in a safe position.

(f) Working under the boom, jib or other components.

(1) When pins (or similar devices) are being removed, employees shall not be under the boom, jib, or other components.

(g) Capacity limits. During all phases of assembly/disassembly, rated capacity limits for loads imposed on the equipment, equipment components (including rigging), lifting lugs and equipment accessories, shall not be exceeded for the equipment being assembled/disassembled.

(h) Addressing specific hazards. The A/D director supervising the assembly/disassembly operation shall address the hazards associated with the operation, which include but are not limited to:

(1) Site and ground bearing conditions. Site and ground conditions shall be adequate for safe assembly/disassembly operations and to support the equipment during assembly/disassembly (see Section 1610.5 for ground condition requirements).

(2) Blocking material. The size, amount, condition and method of stacking the blocking shall be sufficient to sustain the loads and maintain stability.

(3) Proper location of blocking. When used to support lattice booms or components, blocking shall be appropriately placed to:

(A) Protect the structural integrity of the equipment, and

(B) Prevent dangerous movement and collapse.

(4) Verifying assist crane loads. When using an assist crane, the loads that will be imposed on the assist crane at each phase of assembly/disassembly shall be verified in accordance with Section 1616.1(n)(3) before assembly/disassembly begins.

(5) Boom and jib pick points. The point(s) of attachment of rigging to a boom (or boom sections or jib or jib sections) shall be suitable for preventing structural damage and facilitating safe handling of these components.

(6) Center of gravity.

(A) The center of gravity of the load shall be identified if that is necessary for the method used for maintaining stability.

(B) Where there is insufficient information to accurately identify the center of gravity, measures designed to prevent unintended dangerous movement resulting from an inaccurate identification of the center of gravity shall be used.

(7) Stability upon pin removal. The boom sections, boom suspension systems (such as gantry A-frames and jib struts), and components shall be rigged or supported to maintain stability upon the removal of the pins.

(8) Snagging. Suspension ropes and pendants shall not be allowed to catch on the boom or jib connection pins or cotter pins (including keepers and locking pins).

(9) Struck by counterweights. The potential for unintended movement from inadequately supported counterweights and from hoisting counterweights.

(10) Boom hoist brake failure. Each time reliance is to be placed on the boom hoist brake to prevent boom movement during assembly/disassembly, the brake shall be tested prior to such reliance to determine if it is sufficient to prevent boom movement. If it is not sufficient, a boom hoist pawl, other locking device/back-up braking device, or another method of preventing dangerous movement of the boom (such as blocking or using an assist crane) from a boom hoist brake failure shall be used.

(11) Loss of backward stability. Backward stability before swinging the upperworks, travel, and when attaching or removing equipment components.

(12) Wind speed and weather. The effect of wind speed and weather on the equipment.

(i) [Reserved.]

(j) Cantilevered boom sections. Manufacturer limitations on the maximum amount of boom supported only by cantilevering shall not be exceeded. Where these are unavailable, a California registered professional engineer familiar with the type of equipment involved must determine in writing this limitation, which shall not be exceeded.

(k) Weight of components. The weight of each of the components shall be readily available.

(l) [Reserved.]

(m) Components and configuration.

(1) The selection of components, and configuration of the equipment, that affect the capacity or safe operation of the equipment shall be in accordance with:

(A) Manufacturer instructions, prohibitions, limitations, and specifications. Where these are unavailable, a California registered professional engineer familiar with the type of equipment involved shall approve, in writing, the selection and configuration of components; or

(B) Approved modifications that meet the requirements of Section 1610.6 (Equipment Modifications).

(2) Post-assembly inspection. Upon completion of assembly, the equipment shall be inspected to ensure compliance with subsection (m)(1) (see Section 1613.3 for post-assembly inspection requirements).

(n) [Reserved.]

(o) Shipping pins. Reusable shipping pins, straps, links, and similar equipment shall be removed. Once they are removed they shall either be stowed or otherwise stored so that they do not present a falling object hazard.

(p) Pile driving. Equipment used for pile driving shall not have a jib attached during pile driving operations.

(q) Outriggers and Stabilizers. When the load to be handled and the operating radius require the use of outriggers or stabilizers, or at any time when outriggers or stabilizers are used, all of the following requirements shall be met (except as otherwise indicated):

(1) The outriggers or stabilizers shall be either fully extended or, if manufacturer procedures permit, deployed as specified in the load chart.

(2) The outriggers shall be set to remove the equipment weight from the wheels, except for locomotive cranes (see subsection (q)(6) for use of outriggers on locomotive cranes). This provision does not apply to stabilizers.

(3) When outrigger floats are used, they shall be attached to the outriggers. When stabilizer floats are used, they shall be attached to the stabilizers.

(4) Each outrigger or stabilizer shall be visible to the operator or to a signal person during extension and setting.

(5) Outrigger and stabilizer blocking shall:

(A) Meet the requirements in subsections (h)(2) and (h)(3).

(B) Be placed only under the outrigger or stabilizer float/pad of the jack or, where the outrigger or stabilizer is designed without a jack, under the outer bearing surface of the extended outrigger or stabilizer beam.

(6) For locomotive cranes, when using outriggers or stabilizers to handle loads, the manufacturer's procedures shall be followed. When lifting loads without using outriggers or stabilizers, the manufacturer's procedures shall be met regarding truck wedges or screws.

(r) Rigging. In addition to following the requirements in General Industry Safety Orders, Article 101 and other requirements in this and other standards applicable to rigging, when rigging is used for assembly/disassembly, the employer shall ensure that:

(1) The rigging work is done by a qualified rigger.

(2) Synthetic slings are protected from: Abrasive, sharp or acute edges, and configurations that could cause a reduction of the sling's rated capacity, such as distortion or localized compression.

NOTE: Requirements for the protection of wire rope slings are contained in General Industry Safety Orders, Article 101, Section 5042.

(3) When synthetic slings are used, the synthetic sling manufacturer's instructions, limitations, specifications and recommendations shall be followed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1611.3. Disassembly--Additional Requirements for Dismantling of Booms and Jibs (Applies to Both the Use of Manufacturer Procedures and Employer Procedures).

Note • History

Dismantling (including dismantling for changing the length of) booms and jibs.

(a) None of the pins in the pendants are to be removed (partly or completely) when the pendants are in tension.

(b) None of the pins (top or bottom) on boom sections located between the pendant attachment points and the crane/derrick body are to be removed (partly or completely) when the pendants are in tension.

(c) None of the pins (top or bottom) on boom sections located between the uppermost boom section and the crane/derrick body are to be removed (partly or completely) when the boom is being supported by the uppermost boom section resting on the ground (or other support).

(d) None of the top pins on boom sections located on the cantilevered portion of the boom being removed (the portion being removed ahead of the pendant attachment points) are to be removed (partly or completely) until the cantilevered section to be removed is fully supported.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1611.4. Assembly/Disassembly -- Employer Procedures -- General Requirements.

Note • History

(a) When using employer procedures instead of manufacturer procedures for assembly/disassembly, the employer shall ensure that the procedures:

(1) Prevent unintended dangerous movement, and prevent collapse, of any part of the equipment.

(2) Provide adequate support and stability of all parts of the equipment.

(3) Position employees involved in the assembly/disassembly operation so that their exposure to unintended movement or collapse of part or all of the equipment is minimized.

(b) Qualified person. Employer procedures shall be developed by a qualified person.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1611.5. Power Line Safety (Up to 350 kV)--Assembly and Disassembly.

Note • History

(a) Before assembling or disassembling equipment, the employer shall determine if any part of the equipment, load line, or load (including rigging and lifting accessories) could get closer than 20 feet to a power line during the assembly/disassembly process. If so, the employer shall meet the requirements in Option (1), Option (2), or Option (3) of this section, as follows:

(1) Option (1) -- Deenergize and ground. Confirm from the utility owner/operator that the power line has been deenergized and visibly grounded at the worksite.

(2) Option (2) -- 20 foot clearance. Ensure that no part of the equipment, load line or load (including rigging and lifting accessories), gets closer than 20 feet to the power line by implementing the measures specified in subsection (b).

(3) Option (3) -- Table A clearance.

(A) Determine the line's voltage and the minimum clearance distance permitted under Table A (see Section 1612.1).

(B) Determine if any part of the equipment, load line, or load (including rigging and lifting accessories), could get closer than the minimum clearance distance to the power line permitted under Table A (see Section 1612.1). If so, then the employer shall follow the requirements in subsection (b) to ensure that no part of the equipment, load line, or load (including rigging and lifting accessories), gets closer to the line than the minimum clearance distance.

(b) Preventing encroachment/electrocution. Where encroachment precautions are required under Option (2), or Option (3) of this section, all of the following requirements shall be met:

(1) Conduct a planning meeting with the A/D Director, operator, assembly/disassembly crew and the other workers who will be in the assembly/disassembly area to review the location of the power line(s) and the steps that will be implemented to prevent encroachment/electrocution.

(2) If tag lines are used, they shall be nonconductive.

(3) At least one of the following additional measures shall be in place. The measure selected from this list must be effective in preventing encroachment.

The additional measures are:

(A) Use a dedicated spotter who is in continuous contact with the equipment operator. The dedicated spotter shall:

1. Be equipped with a visual aid to assist in identifying the minimum clearance distance. Examples of a visual aid include, but are not limited to: A clearly visible line painted on the ground; a clearly visible line of stanchions; a set of clearly visible line-of-sight landmarks (such as a fence post behind the dedicated spotter and a building corner ahead of the dedicated spotter).

2. Be positioned to effectively gauge the clearance distance.

3. Where necessary, use equipment that enables the dedicated spotter to communicate directly with the operator.

4. Give timely information to the operator so that the required clearance distance can be maintained.

(B) A device that automatically warns the operator when to stop movement, such as a range control warning device. Such a device must be set to give the operator sufficient warning to prevent encroachment.

(D) An elevated warning line, barricade, or line of signs, in view of the operator, equipped with flags or similar high-visibility markings.

(c) Assembly/disassembly below power lines prohibited. No part of a crane/derrick, load line, or load (including rigging and lifting accessories), whether partially or fully assembled, is allowed below a power line unless the employer has confirmed that the utility owner/operator has deenergized and (at the worksite) visibly grounded the power line.

(d) Assembly/disassembly inside Table A clearance prohibited. No part of a crane/derrick, load line, or load (including rigging and lifting accessories), whether partially or fully assembled, is allowed closer than the minimum approach distance under Table A (see Section 1612.1) to a power line unless the employer has confirmed that the utility owner/operator has deenergized and (at the worksite) visibly grounded the power line.

(e) Voltage information. Where Option (3) of this section is used, the utility owner/operator of the power lines shall provide the requested voltage information within two working days of the employer's request.

(f) Power lines presumed energized. The employer shall assume that all power lines are energized unless the utility owner/operator confirms that the power line has been and continues to be deenergized and visibly grounded at the worksite.

(g) Posting of electrocution warnings. There shall be at least one electrocution hazard warning conspicuously posted in the cab so that it is in view of the operator and (except for overhead gantry and tower cranes) at least two on the outside of the equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1612. Power Line Safety.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1612.1. Power Line Safety (Up to 350 kV) -- Equipment Operations.

Note • History

(a) Hazard assessments and precautions inside the work zone. Before beginning equipment operations, the employer shall:

(1) Identify the work zone by either:

(A) Demarcating boundaries (such as with flags, or a device such as a range limit device or range control warning device) and prohibiting the operator from operating the equipment past those boundaries, or

(B) Defining the work zone as the area 360 degrees around the equipment, up to the equipment's maximum working radius.

(2) Determine if any part of the equipment, load line or load (including rigging and lifting accessories), if operated up to the equipment's maximum working radius in the work zone, could get closer than 20 feet to a power line. If so, the employer shall meet the requirements in Option (1), Option (2), or Option (3) of this section, as follows:

(A) Option (1)--Deenergize and ground. Confirm from the utility owner/operator that the power line has been deenergized and visibly grounded at the worksite.

(B) Option (2)--20 foot clearance. Ensure that no part of the equipment, load line, or load (including rigging and lifting accessories), gets closer than 20 feet to the power line by implementing the measures specified in subsection (b).

1. Determine the line's voltage and the minimum approach distance permitted under Table A (see Section 1612.1).

2. Determine if any part of the equipment, load line or load (including rigging and lifting accessories), while operating up to the equipment's maximum working radius in the work zone, could get closer than the minimum approach distance of the power line permitted under Table A. If so, then the employer shall follow the requirements in subsection (b) to ensure that no part of the equipment, load line, or load (including rigging and lifting accessories), gets closer to the line than the minimum approach distance.

(b) Preventing encroachment/electrocution. Where encroachment precautions are required under Option (2) or Option (3) of this section, all of the following requirements shall be met:

(1) Conduct a planning meeting with the operator and the other workers who will be in the area of the equipment or load to review the location of the power line(s), and the steps that will be implemented to prevent encroachment/electrocution.

(2) If tag lines are used, they shall be non-conductive.

(3) Erect and maintain an elevated warning line, barricade, or line of signs, in view of the operator, equipped with flags or similar high-visibility markings, at 20 feet from the power line (if using Option (2) of this section) or at the minimum approach distance under Table A (if using Option (3) of this section). If the operator is unable to see the elevated warning line, a dedicated spotter shall be used as described in subsection (b)(4)(A) in addition to implementing one of the measures described in subsections (b)(4)(B) and (C).

(4) Implement at least one of the following measures:

(A) A dedicated spotter who is in continuous contact with the operator. Where this measure is selected, the dedicated spotter shall:

2. Be positioned to effectively gauge the clearance distance.

3. Where necessary, use equipment that enables the dedicated spotter to communicate directly with the operator.

4. Give timely information to the operator so that the required clearance distance can be maintained.

(B) A device that automatically warns the operator when to stop movement, such as a range control warning device. Such a device shall be set to give the operator sufficient warning to prevent encroachment.

(5) The requirements of subsection (b)(4) do not apply to work covered by the High-Voltage Electrical Safety Orders.

(c) Voltage information. Where Option (3) of this section is used, the utility owner/operator of the power lines shall provide the requested voltage information within two working days of the employer's request.

(d) Operations below power lines.

(1) No part of the equipment, load line, or load (including rigging and lifting accessories) is allowed below a power line unless the employer has confirmed that the utility owner/operator has deenergized and (at the worksite) visibly grounded the power line, except where one of the exceptions in subsection (d)(2) applies.

(2) EXCEPTIONS. Subsection (d)(1) is inapplicable where the employer demonstrates that one of the following applies:

(A) The work is covered by the High-Voltage Electrical Safety Orders.

(B) For equipment with nonextensible booms: The uppermost part of the equipment, with the boom at true vertical, would be more than 20 feet below the plane of the power line or more than the Table A of this section minimum clearance distance below the plane of the power line.

(C) For equipment with articulating or extensible booms: The uppermost part of the equipment, with the boom in the fully extended position, at true vertical, would be more than 20 feet below the plane of the power line or more than the Table A of this section minimum clearance distance below the plane of the power line.

(D) The employer demonstrates that compliance with subsection (d)(1) is infeasible and meets the requirements of Section 1612.3.

(e) Power lines presumed energized.

The employer shall assume that all power lines are energized unless the utility owner/operator confirms that the power line has been and continues to be deenergized and visibly grounded at the worksite.

(f) When working near transmitter/communication towers where the equipment is close enough for an electrical charge to be induced in the equipment or materials being handled, the transmitter shall be deenergized or the following precautions shall be taken:

(1) The equipment shall be provided with an electrical ground.

(2) If tag lines are used, they shall be non-conductive.

(g) Training.

(1) The employer shall train each operator and crew member assigned to work with the equipment on all of the following:

(A) The procedures to be followed in the event of electrical contact with a power line. Such training shall include:

1. Information regarding the danger of electrocution from the operator simultaneously touching the equipment and the ground.

2. The importance to the operator's safety of remaining inside the cab except where there is an imminent danger of fire, explosion, or other emergency that necessitates leaving the cab.

3. The safest means of evacuating from equipment that may be energized.

4. The danger of the potentially energized zone around the equipment (step potential).

5. The need for crew in the area to avoid approaching or touching the equipment and the load.

6. Safe clearance distance from power lines.

(B) Power lines are presumed to be energized unless the utility owner/operator confirms that the power line has been and continues to be deenergized and visibly grounded at the worksite.

(C) Power lines are presumed to be uninsulated unless the utility owner/operator or a registered engineer who is a qualified person with respect to electrical power transmission and distribution confirms that a line is insulated.

(D) The limitations of a range control device, if used.

(E) The procedures to be followed to properly ground equipment and the limitations of grounding.

(2) Employees working as dedicated spotters shall be trained to enable them to effectively perform their task, including training on the applicable requirements of this section.

(3) Training under this section shall be administered in accordance with Section 1618.4(g).

(h) Devices originally designed by the manufacturer for use as: A safety device (see Section 1615.1), operational aid, or a means to prevent power line contact or electrocution, when used to comply with this section, shall meet the manufacturer's procedures for use and conditions of use.

TABLE A--MINIMUM CLEARANCE DISTANCES

Voltage Minimum clearance distance

(nominal, kV, alternating current) (feet)

up to 50 10

over 50 to 175 15

over 175 to 350 20

over 350 to 550 27

over 550 to 1,000 45

over 1,000 (as established by the utility owner/

operator or registered professional

engineer who is a qualified person

with respect to electrical power

transmission and distribution).

NOTE: The value that follows “to” is up to and includes that value. For example, over 50 to 200 means up to and including 200kV.

NOTE

Authority cited: Sections 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1612.2. Power Line Safety (Over 350 kV).

Note • History

The requirements of Section 1611.5 and Section 1612.1 apply to power lines over 350 kV except:

(a) For power lines at or below 1000 kV, wherever the distance “20 feet” is specified, the distance “50 feet” shall be substituted; and

(b) For power lines over 1000 kV, the minimum clearance distance shall be established by the utility owner/operator or registered professional engineer who is a qualified person with respect to electrical power transmission and distribution.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1612.3. Power Line Safety (All Voltages) -- Equipment Operations Closer Than the Table A Zone.

Note • History

(a) Equipment operations in which any part of the equipment, load line, or load (including rigging and lifting accessories) is closer than the minimum approach distance under Table A of Section 1612.1 to an energized power line is prohibited.

(b) Except where overhead electrical distribution and transmission lines have been de-energized and visibly grounded, the operation, erection, or handling of tools, machinery, apparatus, supplies, or materials, or any part thereof, over energized overhead high-voltage lines is prohibited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1612.4. Power Line Safety -- While Traveling Under or Near Power Lines with No Load.

Note • History

(a) This section establishes procedures and criteria that shall be met for equipment traveling under or near a power line on a construction site with no load. Equipment traveling on a construction site with a load is governed by Sections 1612.1, 1612.2 or 1612.3, whichever is appropriate, and Section 1616.1(t).

(1) The provisions of Electrical Safety Orders, Group 2, Article 37, shall also apply to any work in proximity to overhead power lines where more protective.

(b) The employer shall ensure that:

(1) The boom/mast and boom/mast support system are lowered sufficiently to meet the requirements of this section.

(2) The clearances specified in Table T of this section are maintained.

(3) The effects of speed and terrain on equipment movement (including movement of the boom/mast) are considered so that those effects do not cause the minimum clearance distances specified in Table T of this section to be breached.

(4) Dedicated spotter. If any part of the equipment while traveling will get closer than 20 feet to the power line, the employer shall ensure that a dedicated spotter who is in continuous contact with the driver/operator is used. The dedicated spotter shall:

(A) Be positioned to effectively gauge the clearance distance.

(B) Where necessary, use equipment that enables the dedicated spotter to communicate directly with the operator.

(5) Additional precautions for traveling in poor visibility. When traveling at night, or in conditions of poor visibility, in addition to the measures specified in subsections (b)(1) through (4), the employer shall ensure that:

(A) The power lines are illuminated or another means of identifying the location of the lines is used.

(B) A safe path of travel is identified and used.

TABLE T--MINIMUM CLEARANCE DISTANCES WHILE TRAVELING WITH NO LOAD

Voltage While traveling--minimum

(nominal, kV, alternating current) clearance distance (feet)

up to 0.60 4

over .60 to 50 6

over 50 to 345 10

over 345 to 750 16

Over 750 to 1,000 20

Over 1,000 (as established by the utility owner/

operator or registered professional

engineer who is a qualified person

with respect to electrical power

transmission and distribution).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613. Inspections and Repairs.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment of section heading filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1613.1. Inspections -- Modified Equipment.

Note • History

(a) Equipment that has had modifications or additions which affect the safe operation of the equipment (such as modifications or additions involving a safety device or operational aid, critical part of a control system, power plant, braking system, load sustaining structural components, load hook, or in-use operating mechanism) or capacity shall be inspected by a certificating agency after such modifications/additions have been completed, prior to initial use. The inspection shall meet all of the following requirements:

(1) The inspection shall assure that the modifications or additions have been done in accordance with the approval obtained pursuant to Section 1610.6 (Equipment Modifications).

(2) The inspection shall include functional testing of the equipment.

Exception: These inspections may be performed by a qualified person for cranes not exceeding 3 tons rated capacity.

(b) Equipment shall not be used until an inspection under this section demonstrates that the requirements of subsection (a)(1) have been met.

(c) In the case of major modifications or repairs to important structural components, cranes shall be proof load tested in accordance with GISO Section 5022 before being returned to service.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.2. Inspections -- Repaired/Adjusted Equipment.

Note • History

(a) Equipment that has had a repair or adjustment that relates to safe operation (such as: A repair or adjustment to a safety device or operator aid, or to a critical part of a control system, power plant, braking system, load hook, or in-use operating mechanism), shall be inspected by a qualified person after such a repair or adjustment has been completed, prior to initial use.

NOTE: Load-sustaining structural components shall be repaired and inspected in accordance with Sections 1613.11 and 1613.12.

(b) The inspection shall meet all of the following requirements:

(1) The qualified person shall determine if the repair/adjustment meets manufacturer equipment criteria (where applicable and available).

(2) Where manufacturer equipment criteria are unavailable or inapplicable, the qualified person shall:

(A) Determine if a registered professional engineer (RPE) is needed to develop criteria for the repair/adjustment. If an RPE is not needed, the employer shall ensure that the criteria are developed by the qualified person. If an RPE is needed, the employer shall ensure that they are developed by an RPE.

(B) Determine if the repair/adjustment meets the criteria developed in accordance with subsection (b)(2)(A).

(3) The inspection shall include functional testing of the repaired/adjusted parts and other components that may be affected by the repair/adjustment.

(c) Equipment shall not be used until an inspection under this section demonstrates that the repair/adjustment meets the requirements of subsection (b)(1) [or, where applicable, subsection (b)(2)].

NOTES: 1. These inspections may be performed by a qualified person for cranes not exceeding 3 tons rated capacity.

2. Proof load tests are required in the case of major modifications or repairs to important structural components, and shall comply with General Industry Safety Orders, Section 5022.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1613.3. Inspections -- Post-Assembly.

Note • History

(a) Upon completion of assembly, the equipment shall be inspected by a qualified person or certificating agency to assure that it is configured in accordance with manufacturer equipment criteria.

(b) Where manufacturer equipment criteria are unavailable, a qualified person or certificating agency shall:

(1) Determine if a registered professional engineer (RPE) familiar with the type of equipment involved is needed to develop criteria for the equipment configuration. If an RPE is not needed, the employer shall ensure that the criteria are developed by the qualified person. If an RPE is needed, the employer shall ensure that they are developed by an RPE.

(2) Determine if the equipment meets the criteria developed in accordance with subsection (b)(1).

(c) Equipment shall not be used until an inspection under this subsection demonstrates and documents that the equipment is configured in accordance with the applicable criteria.

Exception: These inspections may be performed by a qualified person for cranes not exceeding 3 tons rated capacity.

NOTE: Applicable criteria are prescribed in General Industry Safety Orders, Articles 99 (Testing) and 100 (Inspection and Maintenance).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.4. Inspections -- Each Shift.

Note • History

(a) Each shift. A qualified person shall visually inspect the crane's or derrick's controls, rigging and operating mechanism prior to the first operation on any work shift. The inspection shall consist of observation for apparent deficiencies. Taking apart equipment components and booming down is not required as part of this inspection unless the results of the visual inspection or trial operation indicate that further investigation necessitating taking apart equipment components or booming down is needed. Any unsafe conditions disclosed by the inspection requirements of this Article shall be corrected promptly. Defective components of equipment which create an imminent safety hazard shall be replaced, repaired or adjusted prior to use. At a minimum the inspection shall include all of the following:

(1) Control mechanisms for maladjustments interfering with proper operation.

(2) Control and drive mechanisms for apparent excessive wear of components and contamination by lubricants, water or other foreign matter.

(3) Air, hydraulic, and other pressurized lines for deterioration or leakage, particularly those which flex in normal operation.

(4) Hydraulic system for proper fluid level.

(5) Hooks and latches for deformation, cracks, excessive wear, or damage such as from chemicals or heat.

(6) Wire rope reeving for compliance with the manufacturer's specifications.

(7) Wire rope, in accordance with Section 1613.10(a).

(8) Electrical apparatus for malfunctioning, signs of apparent excessive deterioration, dirt or moisture accumulation.

(9) Tires (when in use) for proper inflation and condition.

(10) Ground conditions around the equipment for proper support, including ground settling under and around outriggers/stabilizers and supporting foundations, ground water accumulation, or similar conditions.

This section does not apply to the inspection of ground conditions for railroad tracks and their underlying support when the railroad tracks are part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad Administration under 49 CFR part 213.

(11) The equipment for level position within the tolerances specified by the equipment manufacturer's recommendations, both before each shift and after each move and setup.

(12) Operator cab windows for significant cracks, breaks, or other deficiencies that would hamper the operator's view.

(13) Rails, rail stops, rail clamps and supporting surfaces when the equipment has rail traveling. This section does not apply to the inspection of rails, rail stops, rail clamps and supporting surfaces when the railroad tracks are part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad Administration under 49 CFR part 213.

(14) Safety devices and operational aids for proper operation.

(b) If any deficiency in subsections (a)(1) through (13) (or in additional inspection items required to be checked for specific types of equipment in accordance with other sections of this standard) is identified, an immediate determination shall be made by the qualified person as to whether the deficiency constitutes a safety hazard. If the deficiency is determined to constitute a safety hazard, the equipment shall be taken out of service until it has been corrected.

(c) If any deficiency in subsection (a)(14) (safety devices/operational aids) is identified, the action specified in Section 1615.1 and Section 1615.2 shall be taken prior to using the equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.5. Inspections -- Periodic.

Note • History

(a) Periodic inspections shall be conducted at least four times a year. The annual certification, as required by General Industry Safety Orders, Sections 5021(a) and Construction Safety Orders Section 1613.6, can serve as one of the required periodic inspections. The periodic inspections shall be evenly spaced or as close to evenly spaced as scheduling permits through the year. Cranes shall not be operated more than 750 hours, between periodic inspections. The inspection shall include the following in addition to the items in Section 1613.4 (Inspections -- Daily):

(1) Excessive wear of all functional operating mechanisms.

(2) Ropes, brakes, friction clutches, chain drives, and other parts subject to wear which may be readily inspected.

(3) An inspection record shall be maintained which includes the date of the inspection, the signature of the person who performed the inspection, and the serial number or other identifier of the crane inspected, the items checked and the results of the inspection. The most recent inspection record shall be maintained on file.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.6. Inspections -- Annual/Comprehensive.

Note • History

(a) At least every 12 months the equipment shall be inspected by a certificating agency in accordance with Section 1613.4 (Daily/each shift) except that the corrective actions set forth in Sections 1613.4, 1613.5 and 1613.6 shall apply in place of the corrective action required by Sections 1613.2 and 1613.3.

(b) In addition, at least every 12 months, equipment shall be inspected by a certificating agency. Disassembly is required, as necessary, to complete the inspection; however, whenever it is practical and advisable to avoid disassembly of equipment, removal of pins, etc., examination of structure or parts by electronic, ultrasonic, or other nondestructive methods shall be carried out. The equipment shall be inspected for all of the following:

(1) Equipment structure (including the boom and, if equipped, the jib):

(A) Structural members: Deformed, cracked, or significantly corroded.

(B) Bolts, rivets and other fasteners: loose, failed or significantly corroded.

(D) Junction areas of removable boom sections, particularly for proper seating, cracks, deformities, or other defects in securing bolts and in the vicinity of such bolts.

(2) All functional operating mechanisms for improper function, maladjustment, and excessive component wear, with particular attention to the following:

(A) Sheaves and drums for cracks or significant wear.

(B) Parts such as pins, bearings, shafts, gears, rollers and locking devices for distortion, cracks or significant wear.

NOTE: This shall include operation with partial load, in which all functions and movements, including, where applicable, maximum possible rotation in both directions, are performed.

(3) Excessive wear on and free operation of brake and clutch system parts, linings, pawls, and ratchets.

(4) Safety devices and operational aids for proper operation (including significant inaccuracies).

(5) Gasoline, diesel, electric, or other power plants for safety-related problems (such as leaking exhaust and emergency shut-down feature) and conditions, and proper operation.

(6) Chains and chain drive sprockets for excessive wear of sprockets and excessive chain stretch.

(7) Travel steering, brakes, and locking devices, for proper operation.

(8) Tires for damage or excessive wear.

(9) Hydraulic, pneumatic and other pressurized hoses, fittings and tubing, as follows:

(A) Flexible hose or its junction with the fittings for indications of leaks.

(B) Threaded or clamped joints for leaks.

(D) Outer surface of a hose, rigid tube, or fitting for indications of excessive abrasion or scrubbing.

(10) Hydraulic and pneumatic pumps and motors, as follows:

(A) Performance indicators: Unusual noises or vibration, low operating speed, excessive heating of the fluid, low pressure.

(B) Loose bolts or fasteners.

(11) Hydraulic and pneumatic valves, as follows:

(A) Spools: Sticking, improper return to neutral, and leaks.

(B) Leaks.

(D) Relief valves: Failure to reach correct pressure (if there is a manufacturer procedure for checking pressure, it shall be followed).

(12) Hydraulic and pneumatic cylinders, as follows:

(A) Drifting caused by fluid leaking across the piston.

(B) Rod seals and welded joints for leaks.

(D) Case (barrel) for significant dents.

(E) Rod eyes and connecting joints: Loose or deformed.

(13) Outrigger or stabilizer pads/floats for excessive wear or cracks.

(14) Slider pads for excessive wear or cracks

(15) Electrical components and wiring for cracked or split insulation and loose or corroded terminations.

(16) Warning labels and decals originally supplied with the equipment by the manufacturer or otherwise required under this standard: Missing or unreadable.

(17) Originally equipped operator seat (or equivalent): Missing or unserviceable.

(18) Originally equipped steps, ladders, handrails, guards: Missing, or in unusable/unsafe condition.

(19) Load, boom angle, or other indicators shall be checked for any inaccuracy.

(20) Loose gear components (i.e. hooks, etc.), including wire rope and wire rope terminals and connections, with particular attention to sections of wire rope exposed to abnormal wear and sections not normally exposed for examination.

(A) Crane hooks with cracks or with deformation of throat opening more than 15 percent in excess of normal opening or more than 10 degree twist from plane of unbent hook shall be removed from service.

(21) Rope reeving for compliance with certified agent's recommendations.

(22) It shall be ascertained that no counterweights in excess of the certified agent's specifications are fitted.

(23) Such other examinations deemed necessary under the circumstances.

(c) This inspection shall include functional testing to determine that the equipment as configured in the inspection is functioning properly.

(d) If any deficiency is identified, an immediate determination shall be made by the certificating agency as to whether the deficiency constitutes a safety hazard or, though not yet a safety hazard, needs to be monitored in the periodic inspections.

(e) If the certificating agency determines that a deficiency is a safety hazard, the equipment shall be taken out of service until it has been corrected, except when temporary alternative measures are implemented as specified in Section 1615.2(d) or Section 1619.1(e). See Section 1616.1.

(f) If the certificating agency determines that, though not presently a safety hazard, the deficiency needs to be monitored, the employer shall ensure that the deficiency is checked in the periodic inspections.

(g) Documentation of annual/comprehensive inspection.

(1) The following information shall be documented, maintained, and retained for a minimum of 12 months, by the employer that conducts the inspection:

(A) The items checked and the results of the inspection.

(B) The name and signature of the person who conducted the inspection and the date.

Exception: Annual/Comprehensive inspections of Section 1613.6 may be performed by a qualified person for cranes not exceeding 3 tons rated capacity.

(2) Records required for crane certification shall be maintained in accordance with the provisions of Title 8 CCR Section 344.80.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.7. Inspections -- Severe Service.

Note • History

Where the severity of use/conditions is such that there is a reasonable probability of damage or excessive wear (such as loading that may have exceeded rated capacity, shock loading that may have exceeded rated capacity, prolonged exposure to a corrosive atmosphere), the employer shall stop using the equipment and a qualified person shall:

(a) Inspect the equipment for structural damage to determine if the equipment can continue to be used safely.

(b) In light of the use/conditions determine whether any items/conditions listed in Section 1613.6 need to be inspected; if so, the qualified person shall inspect those items/conditions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.8. Inspections -- Equipment Not in Regular Use.

Note • History

Equipment that has been idle for 3 months or more shall be inspected by a certificating agency or qualified person in accordance with the requirements of Section 1613.5 (Inspections - Periodic), before initial use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.9. Inspections -- General.

Note • History

(a) Any part of a manufacturer's procedures regarding inspections that relate to safe operation (such as to a safety device or operational aid, critical part of a control system, power plant, braking system, load-sustaining structural components, load hook, or in-use operating mechanism) that is more comprehensive or has a more frequent schedule of inspection than the requirements of this Article shall be followed.

(b) All documents produced under this Article shall be available, during the applicable document retention period, to all persons who conduct inspections under this Article.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1613.10. Inspections -- Wire Rope.

Note • History

(a) Shift inspection.

(1) A qualified person shall begin a visual inspection prior to each shift the equipment is used, which shall be completed before or during that shift.

The inspection shall consist of observation of wire ropes (running and standing) that are likely to be in use during the shift for apparent deficiencies, including those listed in subsection (a)(2). Untwisting (opening) of wire rope or booming down is not required as part of this inspection.

(2) Apparent deficiencies.

(A) Category I. Apparent deficiencies in this category include the following:

1. Significant distortion of the wire rope structure such as kinking, crushing, unstranding, birdcaging, signs of core failure or steel core protrusion between the outer strands.

2. Significant corrosion.

3. Electric arc damage (from a source other than power lines) or heat damage.

4. Improperly applied end connections.

5. Significantly corroded, cracked, bent, or worn end connections (such as from severe service).

(B) Category II. Apparent deficiencies in this category are:

1. Visible broken wires, as follows:

a. In running wire ropes: Six randomly distributed broken wires in one rope lay or three broken wires in one strand in one rope lay, where a rope lay is the length along the rope in which one strand makes a complete revolution around the rope.

b. In rotation resistant ropes: Two randomly distributed broken wires in six rope diameters or four randomly distributed broken wires in 30 rope diameters.

c. In pendants or standing wire ropes: More than two broken wires in one rope lay located in rope beyond end connections and/or more than one broken wire in a rope lay located at an end connection.

2. A diameter reduction of more than 5% from nominal diameter.

1. In rotation resistant wire rope, core protrusion or other distortion indicating core failure.

2. Prior electrical contact with a power line.

3. A broken strand.

(3) Critical review items. The qualified person shall give particular attention to all of the following:

A. Rotation resistant wire rope in use.

B. Wire rope being used for boom hoists and luffing hoists, particularly at reverse bends.

C. Wire rope at flange points, crossover points and repetitive pickup points on drums.

D. Wire rope at or near terminal ends.

E. Wire rope in contact with saddles, equalizer sheaves or other sheaves where rope travel is limited.

(4) Removal from service.

(A) If a deficiency in Category I [see subsection (a)(2)(A)] is identified, an immediate determination shall be made by the qualified person as to whether the deficiency constitutes a safety hazard. If the deficiency is determined to constitute a safety hazard, operations involving use of the wire rope in question shall be prohibited until:

1. The wire rope is replaced, or

2. If the deficiency is localized, the problem is corrected by severing the wire rope in two; the undamaged portion may continue to be used. Joining lengths of wire rope by splicing is prohibited. If a rope is shortened under this section, the employer shall ensure that the drum will still have two wraps of wire when the load and/or boom is in its lowest position.

(B) If a deficiency in Category II [see subsection (a)(2)(B)] is identified, operations involving use of the wire rope in question shall be prohibited until:

1. The wire rope is replaced, or

(C) If a deficiency in Category III is identified, operations involving use of the wire rope in question shall be prohibited until:

1. The wire rope is replaced, or

2. If the deficiency (other than power line contact) is localized, the problem is corrected by severing the wire rope in two; the undamaged portion may continue to be used. Joining lengths of wire rope by splicing is prohibited. Repair of wire rope that contacted an energized power line is also prohibited. If a rope is shortened under this section, the employer shall ensure that the drum will still have two wraps of wire when the load and/or boom is in its lowest position.

(D) Where a wire rope is required to be removed from service under this section, either the equipment (as a whole) or the hoist with that wire rope shall be tagged-out, in accordance with Section 1616.1(g)(1), until the wire rope is repaired or replaced.

(b) Monthly inspection.

(1) Each month an inspection shall be conducted in accordance with subsection (a) (Shift Inspection).

(2) The inspection shall include any deficiencies that the qualified person who conducts the annual inspection determines under subsection (c)(3)(B) shall be monitored.

(3) Wire ropes on equipment shall not be used until an inspection under this section demonstrates that no corrective action under subsection (a)(4) is required.

(4) The inspection shall be documented according to Section 1613.5(a)(3) (monthly inspection documentation).

(1) At least every 12 months, wire ropes in use on equipment shall be inspected by a qualified person in accordance with subsection (a) (Shift Inspection).

(2) In addition, at least every 12 months, the wire ropes in use on equipment shall be inspected by a qualified person, as follows:

(A) The inspection shall be for deficiencies of the types listed in subsection (a)(2).

(B) The inspection shall be complete and thorough, covering the surface of the entire length of the wire ropes, with particular attention given to all of the following:

1. Critical review items listed in subsection (a)(3).

2. Those sections that are normally hidden during shift and monthly inspections.

3. Wire rope subject to reverse bends.

4. Wire rope passing over sheaves.

Exception: In the event an inspection under subsection (c)(2) is not feasible due to existing set-up and configuration of the equipment (such as where an assist crane is needed) or due to site conditions (such as a dense urban setting), such inspections shall be conducted as soon as it becomes feasible, but no longer than an additional 6 months for running ropes and, for standing ropes, at the time of disassembly.

(3) If a deficiency is identified, an immediate determination shall be made by the qualified person as to whether the deficiency constitutes a safety hazard.

(A) If the deficiency is determined to constitute a safety hazard, operations involving use of the wire rope in question shall be prohibited until:

1. The wire rope is replaced, or

(B) If the qualified person determines that, though not presently a safety hazard, the deficiency needs to be monitored, the employer shall ensure that the deficiency is checked in the periodic inspections.

(4) The inspection shall be documented according to Section 1613.6(g) Inspections -- Annual/Comprehensive.

(d) Rope lubricants that are of the type that hinder inspection shall not be used.

(e) All documents produced under this section shall be available, during the applicable document retention period, to all persons who conduct inspections under this section.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Repealer of subsection (a)(4)(B)1. and subsection renumbering filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1613.11. Repairs.

Note • History

Repairs to load sustaining members and other critical crane and derrick parts shall be performed in accordance with the provisions of General Industry Safety Orders, Section 5034(e) and (f).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1613.12. Damaged Booms.

Note • History

Prior to further use, boom sections or boom suspension components that have been damaged shall be repaired as prescribed by General Industry Safety Orders, Section 5035.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1614. Wire Rope -- Selection and Installation Criteria.

Note • History

(a) Original equipment wire rope and replacement wire rope shall be selected and installed in accordance with the requirements of this section. Selection of replacement wire rope shall be in accordance with the recommendations of the wire rope manufacturer, the equipment manufacturer, or a qualified person.

(b) Wire rope design criteria: Wire rope (other than rotation resistant rope) shall comply with either Option (1) or Option (2) of this section, as follows:

(1) Option (1). Wire rope shall comply with section 5-1.7.1 of ASME B30.5-2004 except that subsection 5-1.7.1(c) shall not apply.

(2) Option (2). Wire rope shall be designed to have, in relation to the equipment's rated capacity, a sufficient minimum breaking force and design factor so that compliance with the applicable inspection provisions in Section 1613.10 (Inspections -- Wire Rope) will be an effective means of preventing sudden rope failure.

(d) Boom hoist reeving.

(1) Fiber core ropes shall not be used for boom hoist reeving, except for derricks.

(2) Rotation resistant ropes shall be used for boom hoist reeving only where the requirements of subsection (e)(4)(B) are met.

(e) Rotation resistant ropes.

(1) Definitions.

(A) Type I rotation resistant wire rope (“Type I”). Type I rotation resistant rope is stranded rope constructed to have little or no tendency to rotate or, if guided, transmits little or no torque. It has at least 15 outer strands and comprises an assembly of at least three layers of strands laid helically over a center in two operations. The direction of lay of the outer strands is opposite to that of the underlying layer.

(B) Type II rotation resistant wire rope (“Type II”). Type II rotation resistant rope is stranded rope constructed to have significant resistance to rotation. It has at least 10 outer strands and comprises an assembly of two or more layers of strands laid helically over a center in two or three operations. The direction of lay of the outer strands is opposite to that of the underlying layer.

(C) Type III rotation resistant wire rope (“Type III”). Type III rotation resistant rope is stranded rope constructed to have limited resistance to rotation. It has no more than nine outer strands, and comprises an assembly of two layers of strands laid helically over a center in two operations. The direction of lay of the outer strands is opposite to that of the underlying layer.

(2) Requirements.

(A) Types II and III with an operating design factor of less than 5 shall not be used for duty cycle or repetitive lifts.

(B) Rotation resistant ropes (including Types I, II and III) shall have an operating design factor of no less than 3.5.

(C) Type I shall have an operating design factor of no less than 5, except where the wire rope manufacturer and the equipment manufacturer approves the design factor, in writing.

(D) Types II and III shall have an operating design factor of no less than 5, except where the requirements of subsection (e)(3) are met.

(3) When Types II and III with an operating design factor of less than 5 are used (for non-duty cycle, non-repetitive lifts), the following requirements shall be met for each lifting operation:

(A) A qualified person shall inspect the rope in accordance with Section 1613.10(a). The rope shall be used only if the qualified person determines that there are no deficiencies constituting a hazard. In making this determination, more than one broken wire in any one rope lay shall be considered a hazard.

(B) Operations shall be conducted in such a manner and at such speeds as to minimize dynamic effects.

(C) Each lift made under subsection (e)(3) shall be recorded in the monthly and annual inspection documents. Such prior uses shall be considered by the qualified person in determining whether to use the rope again.

(4) Additional requirements for rotation resistant ropes for boom hoist reeving.

(A) Rotation resistant ropes shall not be used for boom hoist reeving, except where the requirements of subsection (e)(4)(B) are met.

(B) Rotation resistant ropes may be used as boom hoist reeving when load hoists are used as boom hoists for attachments such as luffing attachments or boom and mast attachment systems. Under these conditions, all of the following requirements shall be met:

1. The drum shall provide a first layer rope pitch diameter of not less than 18 times the nominal diameter of the rope used.

2. The requirements in Section 1616.5(a) (irrespective of the date of manufacture of the equipment), and Section 1616.5(b).

3. The requirements in ASME B30.5-2004 sections 5-1.3.2(a), (a)(2) through (a)(4), (b) and (d) except that the minimum pitch diameter for sheaves used in multiple rope reeving is 18 times the nominal diameter of the rope used (instead of the value of 16 specified in section 5-1.3.2(d)).

4. All sheaves used in the boom hoist reeving system shall have a rope pitch diameter of not less than 18 times the nominal diameter of the rope used.

5. The operating design factor for the boom hoist reeving system shall be not less than five.

6. The operating design factor for these ropes shall be the total minimum breaking force of all parts of rope in the system divided by the load imposed on the rope system when supporting the static weights of the structure and the load within the equipment's rated capacity.

7. When provided, a power controlled lowering system shall be capable of handling rated capacities and speeds as specified by the manufacturer.

(f) Wire rope clips used in conjunction with wedge sockets shall be attached to the unloaded dead end of the rope only, except that the use of devices specifically designed for dead-ending rope in a wedge socket is permitted.

(g) Socketing shall be done in the manner specified by the manufacturer of the wire rope or fitting.

(h) Prior to cutting a wire rope, seizings shall be placed on each side of the point to be cut. The length and number of seizings shall be in accordance with the wire rope manufacturer's instructions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1615. Safety Devices. [Reserved]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1615.1. Safety Devices.

Note • History

(a) Safety devices. The following safety devices are required on all equipment covered by Article 15, unless otherwise specified:

(1) Crane level indicator.

(A) The equipment shall have a crane level indicator that is either built into the equipment or is available on the equipment.

(B) If a built-in crane level indicator is not working properly, it shall be tagged-out or removed. If a removable crane level indicator is not working properly, it shall be removed.

(C) This requirement does not apply to portal cranes, derricks, floating cranes/derricks and land cranes/derricks on barges, pontoons, vessels or other means of flotation.

(2) Boom stops, except for derricks and hydraulic booms.

(3) Jib stops (if a jib is attached), except for derricks.

(4) Equipment with foot pedal brakes shall have locks.

(5) Hydraulic outrigger jacks and hydraulic stabilizer jacks shall have an integral holding device/check valve.

(6) Equipment on rails shall have rail clamps and rail stops, except for portal cranes.

(7) Horn

(A) The equipment shall have a horn that is either built into the equipment or is on the equipment and immediately available to the operator.

(B) If a built-in horn is not working properly, it shall be tagged-out or removed. If a removable horn is not working properly, it shall be removed.

(b) Proper operation required.

Operations shall not begin unless all of the devices listed in this section are in proper working order. If a device stops working properly during operations, the operator shall safely stop operations. If any of the devices listed in this section are not in proper working order, the equipment shall be taken out of service and operations shall not resume until the device is again working properly. See Section 1616.1 (Operation). Alternative measures are not permitted to be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1615.2. Operational Aids.

Note • History

(a) The devices listed in this section (“listed operational aids”) are required on all equipment covered by Article 15, unless otherwise specified.

(1) The requirements in subsections (e)(1), (e)(2), and (e)(3) do not apply to articulating cranes.

(2) The requirements in subsections (d)(3), (e)(1), and (e)(4) apply only to those digger derricks manufactured after July 7, 2012.

(b) Operations shall not begin unless the listed operational aids are in proper working order, except where an operational aid is being repaired the employer uses the specified temporary alternative measures. The time periods permitted for repairing defective operational aids are specified in subsections (d) and (e).

More protective alternative measures specified by the crane/derrick manufacturer, if any, shall be followed.

(c) If a listed operational aid stops working properly during operations, the operator shall safely stop operations until the temporary alternative measures are implemented or the device is again working properly.

(d) Category I operational aids. Operational aids listed in this section that are not working properly shall be repaired no later than 7 calendar days after the deficiency occurs.

Exception: If the employer documents that it has ordered the necessary parts within 7 calendar days of the occurrence of the deficiency, the repair shall be completed within 7 calendar days of receipt of the parts. See Section 1616.1(j) for additional requirements.

(1) Boom hoist limiting device.

(A) For equipment manufactured after December 16, 1969, a boom hoist limiting device is required.

Temporary alternative measures (use at least one). One or more of the following methods shall be used:

1. Use a boom angle indicator.

2. Clearly mark the boom hoist cable (so that it can easily be seen by the operator) at a point that will give the operator sufficient time to stop the hoist to keep the boom within the minimum allowable radius. In addition, install mirrors or remote video cameras and displays if necessary for the operator to see the mark.

3. Clearly mark the boom hoist cable (so that it can easily be seen by a spotter) at a point that will give the spotter sufficient time to signal the operator and have the operator stop the hoist to keep the boom within the minimum allowable radius.

(B) If the equipment was manufactured on or before December 16, 1969, and is not equipped with a boom hoist limiting device, at least one of the measures in subsections (d)(1)(A)1-3 shall be used.

(2) Luffing jib limiting device.

Equipment with a luffing jib shall have a luffing jib limiting device.

Temporary alternative measures are the same as in subsection (d)(1)(A), except to limit the movement of the luffing jib rather than the boom hoist.

(3) Anti two-blocking device.

(A) Telescopic boom cranes manufactured after February 28, 1992, shall be equipped with a device which automatically prevents damage from contact between the load block, overhaul ball, or similar component, and the boom tip (or fixed upper block or similar component). The device(s) shall prevent such damage at all points where two-blocking could occur.

(B) Lattice boom cranes.

1. Lattice boom cranes manufactured after Feb 28, 1992, shall be equipped with a device that either automatically prevents damage and load failure from contact between the load block, overhaul ball, or similar component, and the boom tip (or fixed upper block or similar component), or warns the operator in time for the operator to prevent two-blocking. The device shall prevent such damage/failure or provide adequate warning for all points where two-blocking could occur.

2. Lattice boom cranes and derricks manufactured after July 7, 2012 shall be equipped with a device which automatically prevents damage and load failure from contact between the load block, overhaul ball, or similar component, and the boom tip (or fixed upper block or similar component). The device(s) shall prevent such damage/failure at all points where two-blocking could occur.

Exception: The requirements in subsection (d)(3)(B) do not apply to such lattice boom equipment when used for dragline, clamshell (grapple), magnet, and drop ball work.

(C) Articulating cranes manufactured after December 31, 1999, that are equipped with a load hoisting device (winch) shall be equipped with a device that automatically prevents damage from contact between the load block, overhaul ball, or similar component, and the boom tip (or fixed upper block or similar component). The device shall prevent such damage at all points where two-blocking could occur.

(e) Category II operational aids and alternative measures. Operational aids listed in this subsection that are not working properly shall be repaired no later than 30 calendar days after the deficiency occurs.

Exception: If the employer documents that it has ordered the necessary parts within 7 calendar days of the occurrence of the deficiency, and the part is not received in time to complete the repair in 30 calendar days, the repair shall be completed within 7 calendar days of receipt of the parts. See Section 1616.1(j) for additional requirements.

(1) Boom angle or radius indicator. Cranes shall be provided with a boom angle or radius indicator which clearly shows the boom angle in degrees to the operator at all times.

Exception: When a boom angle or radius indicator is inoperative or malfunctioning, a qualified person shall determine the radius or boom angle by measurement until the indicator is restored to operation.

(A) Boom angle or radius indicators shall be repaired in accordance with the manufacturer's recommendations.

(2) Jib angle indicator if the equipment has a luffing jib.

Temporary alternative measures: Radii or jib angle shall be determined by a qualified person ascertaining the main boom angle and then measuring the radii or jib angle with a measuring device.

(A) Jib angle or radius indicators shall be repaired in accordance with the manufacturer's recommendations.

(3) Boom length indicator if the equipment has a telescopic boom, except where the rated capacity is independent of the boom length.

Temporary alternative measures. One or more of the following methods shall be used:

(A) Mark the boom with measured marks to calculate boom length,

(B) Calculate boom length from boom angle and radius measurements,

(4) Load weighing and similar devices.

(A) Equipment (other than derricks and articulating cranes) manufactured after March 29, 2003 with a rated capacity over 6,000 pounds shall have at least one of the following: load weighing device, load moment (or rated capacity) indicator, or load moment (or rated capacity) limiter.

Temporary alternative measures: The weight of the load must be determined from a source recognized by the industry (such as the load's manufacturer) or by a calculation method recognized by the industry (such as calculating a steel beam from measured dimensions and a known per foot weight). This information must be provided to the operator prior to the lift.

(B) Articulating cranes manufactured after July 7, 2012 shall have at least one of the following: automatic overload prevention device, load weighing device, load moment (or rated capacity) indicator, or load moment (rated capacity) limiter.

Temporary alternative measures: The weight of the load shall be determined from a source recognized by the industry (such as the load's manufacturer) or by a calculation method recognized by the industry (such as calculating a steel beam from measured dimensions and a known per foot weight). This information shall be provided to the operator prior to the lift.

(5) The following devices are required on equipment manufactured after July 7, 2012:

(A) Outrigger/stabilizer position (horizontal beam extension) sensor/monitor if the equipment has outriggers or stabilizers.

Temporary alternative measures: The operator shall verify that the position of the outriggers or stabilizers is correct (in accordance with manufacturer procedures) before beginning operations requiring outrigger or stabilizer deployment.

(B) Hoist drum rotation indicator if the equipment has a hoist drum not visible from the operator's station.

Temporary alternative measures: Mark the drum to indicate the rotation of the drum. In addition, install mirrors or remote video cameras and displays if necessary for the operator to see the mark.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1615.3. Rigging Equipment for Material Handling.

Note • History

(a) Employers must ensure that rigging equipment:

(1) Has permanently affixed and legible identification markings as prescribed by the manufacturer that indicate the recommended safe working load;

(2) Not be loaded in excess of its recommended safe working load as prescribed on the identification markings by the manufacturer; and

(3) Not be used without affixed, legible identification markings as required by subsection (a)(1) of this section.

(b) Employers must not use improved plow-steel wire rope and wire-rope slings with loads in excess of the rated capacities (i.e., working load limits) indicated on the sling by permanently affixed and legible identification markings prescribed by the manufacturer.

(c) Wire rope slings shall have permanently affixed, legible identification markings stating size, rated capacity for the type(s) of hitch(es) used and the angle upon which it is based, and the number of legs if more than one.

(d) Employers shall not use shackles with loads in excess of the rated capacities (i.e., working load limits) indicated on the shackle by permanently affixed and legible identification markings prescribed by the manufacturer.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-18-2012; operative 1-18-2012 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2012, No. 3).

§1616. Operations. [Reserved]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1616.1. Operation.

Note • History

(a) The employer shall comply with all manufacturer procedures applicable to the operational functions of equipment, including its use with attachments.

(b) Unavailable operation procedures.

(1) Where the manufacturer procedures are unavailable, the employer shall develop and ensure compliance with all procedures necessary for the safe operation of the equipment and attachments.

(2) Procedures for the operational controls shall be developed by a certified agent.

(3) Procedures related to the capacity of the equipment shall be developed and signed by a certified agent.

(c) Each crane shall be provided with a descriptive booklet, written in English, containing a comprehensive summary of design characteristics, erection procedures, operation techniques, repair recommendations, and safety precautions. This booklet shall be available on in the cab at all times for use by the operator.

(1) A durable, clearly legible load rating chart shall be provided with each crane and securely affixed in the cab or operator's station easily visible to the operator while at the controls. The chart shall include load ratings and restrictions as specified by the certified agent for specific lengths of components, counterweights, swing, and radii. Where load ratings for cranes are governed by structural competence, the limitation on loading shall be such that no structural member is overstressed, and load rating charts shall be subject to this limitation.

(2) Where rated capacities are available in the cab only in electronic form: In the event of a failure which makes the rated capacities inaccessible, the operator shall immediately cease operations or follow safe shut-down procedures until the rated capacities (in electronic or other form) are available.

(d) The operator shall not engage in any practice or activity that diverts his/her attention while actually engaged in operating the equipment, such as the use of cellular phones (other than when used for signal communications).

(e) Before leaving the crane unattended, the operator shall be required to:

(1) Land or properly secure any attached load, bucket, lifting magnet, or other device;

(2) Disengage clutch;

(3) Set travel, swing, boom brakes, and other locking devices unless otherwise specified by the certified agents;

(4) Put controls in the “off” position;

(5) Stop the engine or motor;

(6) Secure crane against accidental travel.

(f) Holding the Load.

(1) When a load of any kind is to be suspended for any considerable time, the drum holding mechanism shall be used in addition to the brake which shall also be applied.

(2) Cranes, hoists, or derricks shall not be left unattended while the load is suspended unless the load is suspended over water, a barricaded area, or is blocked up or otherwise supported from below during repairs or emergency.

(g) Tag-out.

(1) Tagging out of service equipment/functions. Where the employer has taken the equipment out of service, a tag shall be placed in the cab stating that the equipment is out of service and is not to be used. Where the employer has taken a function(s) out of service, a tag shall be placed in a conspicuous position stating that the function is out of service and is not to be used.

(2) Response to “do not operate”/tagout signs.

(A) If there is a warning (tag-out or maintenance/do not operate) sign on the equipment or starting control, the operator shall not activate the switch or start the equipment until the sign has been removed by a person authorized to remove it in accordance with the provisions of General Industry Safety Orders, Section 3314.

(B) If there is a warning (tag-out or maintenance/do not operate) sign on any other switch or control, the operator shall not activate that switch or control until the sign has been removed by a person authorized to remove it in accordance with the provisions of General Industry Safety Orders, Section 3314.

(h) Before starting the engine, the operator must verify that all controls are in the proper starting position and that all personnel are in the clear.

(i) Storm warning. When a local storm warning has been issued, the competent person shall determine whether it is necessary to implement manufacturer recommendations for securing the equipment.

(j) If equipment adjustments or repairs are necessary:

(1) The operator shall, in writing, promptly inform the person designated by the employer to receive such information and, where there are successive shifts, to the next operator; and

(2) The employer shall notify all affected employees, at the beginning of each shift, of the necessary adjustments or repairs and all alternative measures.

(k) Safety devices and operational aids shall not be used as a substitute for the exercise of professional judgment by the operator.

(l) If a qualified person determines that there is a slack rope condition requiring re-spooling of the rope, it must be verified (before starting to lift) that the rope is seated on the drum and in the sheaves as the slack is removed.

(m) The competent person shall adjust the equipment and/or operations to address the effect of wind, ice, and snow on equipment stability and rated capacity.

(n) Compliance with rated capacity.

(1) The equipment shall not be operated in excess of its rated capacity.

(2) The operator shall not be required to operate the equipment in a manner that would violate subsection (n)(1) of this section.

(3) Load weight. A crane, derrick, or hoist shall not be loaded beyond the rated capacity or safe working load whichever is smaller, except for test purposes. In all operations where the weight of the load being handled is unknown and may approach the rated capacity, there shall be a qualified person (rigger) assigned to determine the magnitude of the load, unless the crane or derrick is equipped with a load weighing device. The operator shall not make any lift under these conditions until informed of such weight by the qualified person (rigger) assigned to that operation.

(o) During lifting operations, the load, boom, or other parts of the equipment shall not contact any obstruction in a way which could cause falling material or damage to the boom.

(p) Side Loading. Side loading of booms shall be limited to freely suspended loads, and booms shall not be used for dragging loads sideways unless the boom is specifically designed and constructed to withstand such side loading.

(q) On wheel-mounted equipment, no loads shall be lifted over the front area, except as permitted by the manufacturer.

(r) The operator shall test the brakes each time a load that is 90% or more of the maximum line pull is handled by lifting the load a few inches and applying the brakes. In duty cycle and repetitive lifts where each lift is 90% or more of the maximum line pull, this requirement applies to the first lift but not to successive lifts.

(s) The load or the boom shall not be lowered below the point where less than two full wraps of rope remain on grooved drums and three full wraps on ungrooved drums.

(t) Travel.

(1) The travel of cranes or boom-type excavators shall be controlled so as to avoid collision with persons, material, and equipment. The cabs of units (of the revolving type) traveling under their own power shall be turned so as to provide the least obstruction to the operator's vision in the direction of travel, unless receiving signals from someone with an unobstructed view.

(2) In transit, the following additional precautions for mobile cranes shall be exercised:

(A) The boom shall be carried in line with the direction of motion and the superstructure shall be secured against rotation, except when negotiating turns when there is an operator in the cab, or when the boom is supported on a dolly.

(B) The empty hook, headache ball, or block shall be lashed or otherwise restrained so that it cannot swing freely.

(3) Traveling with a load is prohibited if the practice is prohibited by the manufacturer.

(4) Where traveling with a load, the employer shall ensure that:

(A) A competent person supervises the operation, determines if it is necessary to reduce rated capacity, and makes determinations regarding load position, boom location, ground support, travel route, overhead obstructions, and speed of movement necessary to ensure safety.

(B) For equipment with tires, tire pressure specified by the manufacturer is maintained.

(u) Swing. When rotating the crane, sudden stops shall be avoided. Rotational speed shall be such that the load does not swing out beyond the radius at which it can be safely controlled.

(v) A tag or restraint line shall be used if necessary to prevent rotation of the load that would be hazardous.

(w) The brakes shall be adjusted in accordance with manufacturer procedures to prevent unintended movement.

(x) The qualified person (rigger) shall be trained and capable of safely performing the rigging operation. All loads shall be rigged by a qualified person (rigger) or by a trainee under the direct visual supervision of a qualified person (rigger).

(y) Swinging locomotive cranes. A locomotive crane must not be swung into a position where railway cars on an adjacent track could strike it, until it is determined that cars are not being moved on the adjacent track and that proper flag protection has been established.

(z) Counterweight/ballast.

(aa) The use, care and maintenance of slings shall be in accordance with General Industry Safety Orders, Group 13, Article 101.

(1) The following applies to equipment other than tower cranes:

(A) Equipment shall not be operated without the counterweight or ballast in place as specified by the manufacturer.

(B) The maximum counterweight or ballast specified by the manufacturer for the equipment shall not be exceeded.

(2) Counterweight/ballast requirements for tower cranes are specified in Section 1619.1(b)(8).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment of subsection (o), repealer and new subsection (x) and new subsection (aa) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1616.2. Authority to Stop Operation.

Note • History

Whenever there is a concern as to safety, the operator shall have the authority to stop and refuse to handle loads until a qualified person has determined that safety has been assured.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1616.3. Work Area Control.

Note • History

(a) Swing radius hazards.

(1) The requirements in subsection (a)(2) of this section apply where there are accessible areas in which the equipment's rotating superstructure (whether permanently or temporarily mounted) poses a reasonably foreseeable risk of:

(A) Striking and injuring an employee; or

(B) Pinching/crushing an employee against another part of the equipment or another object.

(2) To prevent employees from entering these hazard areas, the employer shall:

(A) Train each employee assigned to work on or near the equipment (“authorized personnel”) in how to recognize struck-by and pinch/crush hazard areas posed by the rotating superstructure.

(B) Erect and maintain control lines, warning lines, railings or similar barriers to mark the boundaries of the hazard areas.

Exception: When the employer can demonstrate that it is neither feasible to erect such barriers on the ground nor on the equipment, the hazard areas shall be clearly marked by a combination of warning signs (such as “Danger--Swing/Crush Zone”) and high visibility markings on the equipment that identify the hazard areas. In addition, the employer shall train each employee to understand what these markings signify.

(3) Protecting employees in the hazard area.

(A) Before an employee goes to a location in the hazard area that is out of view of the operator, the employee (or someone instructed by the employee) shall ensure that the operator is informed that he/she is going to that location.

(B) Where the operator knows that an employee went to a location covered by subsection (a)(1) of this section, the operator shall not rotate the superstructure until the operator is informed in accordance with a prearranged system of communication that the employee is in a safe position.

(b) When there is a potential for accidental contact by cranes operating within the boom swing radii of one another, the employer shall ensure effective communication to notify crane operators and signal persons of the presence of other cranes to coordinate operations.

(1) Where two-way radios are used, a dedicated frequency shall be provided for communication among operators.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1616.4. Overhead Loads.

Note • History

(a) Operations shall be conducted and the job controlled in a manner that will avoid exposure of employees to the hazard of overhead loads. Wherever loads must be passed directly over workers, occupied work spaces or occupied passageways, safety type hooks or equivalent means of preventing the loads from becoming disengaged shall be used.

NOTE: Employees should not work in the area directly beneath a suspended load.

(b) While the operator is not moving a suspended load, no employee shall be within the fall zone, except for employees:

(1) Engaged in hooking, unhooking or guiding a load;

(2) Engaged in the initial attachment of the load to a component or structure; or

(3) Operating a concrete hopper or concrete bucket.

(c) When employees are engaged in hooking, unhooking, or guiding the load, or in the initial connection of a load to a component or structure and are within the fall zone, all of the following criteria shall be met:

(1) The materials being hoisted shall be rigged to prevent unintentional displacement.

(2) The materials shall be rigged by a qualified rigger.

(d) Receiving a load. Only employees needed to receive a load shall be permitted to be within the fall zone when a load is being landed.

(e) During a tilt-up or tilt-down operation:

(1) No employee shall be directly under the load.

(2) Only employees essential to the operation are permitted in the fall zone (but not directly under the load). An employee is essential to the operation if the employee is conducting one of the following operations and the employer can demonstrate it is infeasible for the employee to perform that operation from outside the fall zone:

(A) Physically guide the load;

(B) Closely monitor and give instructions regarding the load's movement; or

(C) Either detach it from or initially attach it to another component or structure (such as, but not limited to, making an initial connection or installing bracing).

NOTE: Boom free fall is prohibited when an employee is in the fall zone of the boom or load, and load line free fall is prohibited when an employee is directly under the load; see Section 1616.5.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1616.5. Free Fall and Controlled Load Lowering.

Note • History

(a) Boom free fall prohibitions.

(1) The use of equipment in which the boom is designed to free fall (live boom) is prohibited in each of the following circumstances:

(A) An employee is in the fall zone of the boom or load.

(B) An employee is being hoisted.

(C) The load or boom is directly over a power line, or over any part of the area extending the Table A of Section 1612.1 clearance distance to each side of the power line; or any part of the area extending the Table A clearance distance to each side of the power line is within the radius of vertical travel of the boom or the load.

(D) The load is over a shaft, except where there are no employees in the shaft.

(E) The load is over a cofferdam, except where there are no employees in the fall zone of the boom or the load.

(F) Lifting operations are taking place in a refinery or tank farm.

(2) The use of equipment in which the boom is designed to free fall (live boom) is permitted only where none of the circumstances listed in subsection (a)(1) are present and:

(A) The equipment was manufactured prior to October 31, 1984; or

(B) The equipment is a floating crane/derrick or a land crane/derrick on a vessel/flotation device.

(b) Preventing boom free fall. Where the use of equipment with a boom that is designed to free fall (live boom) is prohibited, the boom hoist shall have a secondary mechanism or device designed to prevent the boom from falling in the event the primary system used to hold or regulate the boom hoist fails, as follows:

(1) Friction drums shall have:

(A) A friction clutch and, in addition, a braking device, to allow for controlled boom lowering.

(B) A secondary braking or locking device, which is manually or automatically engaged, to back-up the primary brake while the boom is held (such as a secondary friction brake or a ratchet and pawl device).

(2) Hydraulic drums shall have an integrally mounted holding device or internal static brake to prevent boom hoist movement in the event of hydraulic failure.

(3) Neither clutches nor hydraulic motors shall be considered brake or locking devices for purposes of this Article 15.

(4) Hydraulic boom cylinders shall have an integrally mounted holding device.

Hydraulic telescoping booms shall have an integrally mounted holding device to prevent the boom from retracting in the event of hydraulic failure.

(d) Load line free fall. In each of the following circumstances, controlled load lowering is required and free fall of the load line hoist is prohibited:

(1) An employee is directly under the load.

(2) An employee is being hoisted.

(3) The load is directly over a power line, or over any part of the area extending the Table A of Section 1612.1 clearance distance to each side of the power line; or any part of the area extending the Table A of Section 1612.1 clearance distance to each side of the power line is within the radius of vertical travel of the load.

(4) The load is over a shaft.

(5) The load is over a cofferdam, except where there are no employees in the fall zone of the load.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1616.6. Hoisting Personnel.

Note • History

The requirements of this section are supplemental to the other requirements in this Article and apply when one or more employees are hoisted.

(a) The use of equipment to hoist employees is prohibited except where the employer demonstrates that the erection, use, and dismantling of conventional means of reaching the work area, such as a personnel hoist, ladder, stairway, aerial lift, elevating work platform, or scaffold, would be more hazardous, or is not possible because of the project's structural design or worksite conditions. This subsection does not apply to work covered by CSO Section 1710, Steel Erection.

(b) Use of personnel platform.

(1) When using equipment to hoist employees, the employees shall be in a personnel platform that meets the requirements of subsection (e).

(2) Exceptions: A personnel platform is not required for hoisting employees:

(A) Into and out of drill shafts that are up to and including 8 feet in diameter [see subsection (o) for requirements for hoisting these employees].

(B) In pile driving operations (see subsection (p) for requirements for hoisting these employees).

(C) Solely for transfer to or from a marine worksite in a marine-hoisted personnel transfer device [see subsection (r) for requirements for hoisting these employees].

(D) In storage-tank (steel or concrete), shaft and chimney operations [see subsection (s) for requirements for hoisting these employees].

(1) The equipment shall be uniformly level, within one percent of level grade, and located on footing that a qualified person has determined to be sufficiently firm and stable.

(2) Equipment with outriggers or stabilizers shall have them all extended and locked. The amount of extension shall be the same for all outriggers and stabilizers and in accordance with manufacturer procedures and load charts.

(d) Equipment criteria.

(1) Capacity: Use of suspended personnel platforms. The total load (with the platform loaded, including the hook, load line and rigging) shall not exceed 50 percent of the rated capacity for the radius and configuration of the equipment, except during proof testing.

(2) Capacity: Use of boom-attached personnel platforms. The total weight of the loaded personnel platform shall not exceed 50 percent of the rated capacity for the radius and configuration of the equipment (except during proof testing).

(3) Capacity: Hoisting personnel without a personnel platform. When hoisting personnel without a personnel platform pursuant to subsection (b)(2) of this section, the total load (including the hook, load line, rigging and any other equipment that imposes a load) shall not exceed 50 percent of the rated capacity for the radius and configuration of the equipment, except during proof testing.

(4) When the occupied personnel platform is in a stationary working position, the load and boom hoist brakes, swing brakes, and operator actuated secondary braking and locking features (such as pawls or dogs) or automatic secondary brakes shall be engaged.

(5) Devices.

(A) Equipment (except for derricks and articulating cranes) with a variable angle boom shall be equipped with all of the following:

1. A boom angle indicator, readily visible to the operator, and

2. A boom hoist limiting device.

(B) Articulating cranes shall be equipped with a properly functioning automatic overload protection device.

1. A jib angle indicator, readily visible to the operator, and.

2. A jib hoist limiting device.

(D) Equipment with telescoping booms shall be equipped with a device to indicate the boom's extended length clearly to the operator, or shall have measuring marks on the boom.

(E) Anti two-block. A device which automatically prevents damage and load failure from contact between the load block, overhaul ball, or similar component, and the boom tip (or fixed upper block or similar component) shall be used. The device(s) shall prevent such damage/failure at all points where two-blocking could occur.

Exception: This device is not required when hoisting personnel in pile driving operations. Instead, subsection (p)(2) of this section specifies how to prevent two-blocking during such operations.

(F) Controlled load lowering. The load line hoist drum shall have a system, other than the load line hoist brake, which regulates the lowering rate of speed of the hoist mechanism. This system or device shall be used when hoisting personnel. NOTE: Free fall of the load line hoist is prohibited (see Section 1616.5(d); the use of equipment in which the boom hoist mechanism can free fall is also prohibited (see Section 1616.5(a)(1).

(G) Proper operation required.

Personnel hoisting operations shall not begin unless the devices listed in this section are in proper working order. If a device stops working properly during such operations, the operator shall safely stop operations. Personnel hoisting operations shall not resume until the device is again working properly. Alternative measures are not permitted. (See Section 1616.1 for tag-out and related requirements.)

(6) Direct attachment of a personnel platform to a luffing jib is prohibited.

(e) Personnel platform criteria.

(1) A qualified person familiar with structural design shall design the personnel platform and attachment/suspension system used for hoisting personnel.

(2) The system used to connect the personnel platform to the equipment shall allow the platform to remain within 10 degrees of level, regardless of boom angle.

(3) The suspension system shall be designed to minimize tipping of the platform due to movement of employees occupying the platform.

(4) The personnel platform itself (excluding the guardrail system and personal fall arrest system anchorages), shall be capable of supporting, without failure, its own weight and at least five times the maximum intended load.

(5) All welding of the personnel platform and its components shall be performed by a certified welder familiar with the weld grades, types and material specified in the platform design.

(6) The personnel platform shall be equipped with a guardrail system which meets the requirements of Article 16 of these Orders, and shall be enclosed at least from the toeboard to mid-rail with either solid construction material or expanded metal having openings no greater than 1/2 inch (1.27 cm). Points to which personal fall arrest systems are attached shall meet the anchorage requirements in Article 24 of these Orders.

(7) A grab rail shall be installed inside the entire perimeter of the personnel platform except for access gates/doors.

(8) Access gates/doors. If installed, access gates/doors of all types (including swinging, sliding, folding, or other types) shall:

(A) Not swing outward. If due to the size of the personnel platform, such as a 1-person platform, it is infeasible for the door to swing inward and allow safe entry for the platform occupant, then the access gate/door may swing outward.

(B) Be equipped with a device that prevents accidental opening.

(9) Headroom shall be sufficient to allow employees to stand upright in the platform.

(10) In addition to the use of hard hats, employees shall be protected by overhead protection on the personnel platform when employees are exposed to falling objects. The platform overhead protection shall not obscure the view of the operator or platform occupants (such as wire mesh that has up to 1/2 inch openings), unless full protection is necessary.

(11) All edges exposed to employee contact shall be smooth enough to prevent injury.

(12) The weight of the platform and its rated capacity shall be conspicuously posted on the platform with a plate or other permanent marking.

(f) Personnel platform loading.

(1) The personnel platform shall not be loaded in excess of its rated capacity.

(2) Use.

(A) Personnel platforms shall be used only for employees, their tools, and the materials necessary to do their work. Platforms shall not be used to hoist materials or tools when not hoisting personnel.

(B) Exception: Materials and tools to be used during the lift, if secured and distributed in accordance with subsection (f)(3) of this section may be in the platform for trial lifts.

(3) Materials and tools shall be:

(A) Secured to prevent displacement.

(B) Evenly distributed within the confines of the platform while it is suspended.

(4) The number of employees occupying the personnel platform shall not exceed the maximum number the platform was designed to hold or the number required to perform the work, whichever is less.

(g) Attachment and rigging.

(1) Hooks and other detachable devices.

(A) Hooks used in the connection between the hoist line and the personnel platform (including hooks on overhaul ball assemblies, lower load blocks, bridle legs, or other attachment assemblies or components) shall be:

1. Of a type that can be closed and locked, eliminating the throat opening.

2. Closed and locked when attached.

(B) Shackles used in place of hooks shall be of the alloy anchor type, with either:

1. A bolt, nut and retaining pin, in place; or

2. Of the screw type, with the screw pin secured from accidental removal.

(C) Where other detachable devices are used, they shall be of the type that can be closed and locked to the same extent as the devices addressed in subsections (g)(1)(A) and (B) of this section. Such devices shall be closed and locked when attached.

(2) Rope bridle. When a rope bridle is used to suspend the personnel platform, each bridle leg shall be connected to a master link or shackle (see subsection (g)(1) of this section) in a manner that ensures that the load is evenly divided among the bridle legs.

(3) Rigging hardware (including wire rope, shackles, rings, master links, and other rigging hardware) and hooks shall be capable of supporting, without failure, at least five times the maximum intended load applied or transmitted to that component. Where rotation resistant rope is used, the slings shall be capable of supporting without failure at least ten times the maximum intended load.

(4) Eyes in wire rope slings shall be fabricated with thimbles.

(5) Bridles and associated rigging for suspending the personnel platform shall be used only for the platform and the necessary employees, their tools and materials necessary to do their work. The bridles and associated rigging shall not have been used for any purpose other than hoisting personnel.

(h) Trial lift and inspection.

(2) The trial lift shall be performed immediately prior to each shift in which personnel will be hoisted. In addition, the trial lift shall be repeated prior to hoisting employees in each of the following circumstances:

(A) The equipment is moved and set up in a new location or returned to a previously used location.

(B) The lift route is changed, unless the competent person determines that the new route presents no new factors affecting safety.

(3) The competent person shall determine that:

(A) Safety devices and operational aids required by this section are activated and functioning properly. Other safety devices and operational aids shall meet the requirements of Sections 1615.1 and 1615.2.

(B) Nothing interferes with the equipment or the personnel platform in the course of the trial lift.

(D) The load radius to be used during the lift has been accurately determined.

(4) Immediately after the trial lift, the competent person shall:

(A) Conduct a visual inspection of the equipment, base support or ground, and personnel platform, to determine whether the trial lift has exposed any defect or problem or produced any adverse effect.

(B) Confirm that, upon the completion of the trial lift process, the test weight has been removed.

(5) Immediately prior to each lift:

(A) The platform shall be hoisted a few inches with the personnel and materials/tools on board and inspected by a competent person to ensure that it is secure and properly balanced.

(B) The following conditions shall be determined by a competent person to exist before the lift of personnel proceeds:

1. Hoist ropes shall be free of deficiencies in accordance with Section 1613.10(a).

2. Multiple part lines shall not be twisted around each other.

3. The primary attachment shall be centered over the platform.

4. If the load rope is slack, the hoisting system shall be inspected to ensure that all ropes are properly seated on drums and in sheaves.

(6) Any condition found during the trial lift and subsequent inspection(s) that fails to meet a requirement of this standard or otherwise creates a safety hazard shall be corrected before hoisting personnel. (See Section 1616.1 for tag-out and related requirements.)

(i) [Reserved.]

(j) Proof testing.

(1) At each jobsite, prior to hoisting employees on the personnel platform, and after any repair or modification, the platform and rigging shall be proof tested to 125 percent of the platform's rated capacity. The proof test may be done concurrently with the trial lift.

(2) The platform shall be lowered by controlled load lowering, braked, and held in a suspended position for a minimum of five minutes with the test load evenly distributed on the platform.

(3) After proof testing, a competent person shall inspect the platform and rigging to determine if the test has been passed. If any deficiencies are found that pose a safety hazard, the platform and rigging shall not be used to hoist personnel unless the deficiencies are corrected, the test is repeated, and a competent person determines that the test has been passed. (See Section 1616.1 for tag-out and related requirements.)

(4) Personnel hoisting shall not be conducted until the competent person determines that the platform and rigging have successfully passed the proof test.

(k) Work practices.

(1) Hoisting of the personnel platform shall be performed in a slow, controlled, cautious manner, with no sudden movements of the equipment or the platform.

(2) Platform occupants must:

(A) Keep all parts of the body inside the platform during raising, lowering, and horizontal movement. This provision does not apply to an occupant of the platform when necessary to position the platform or while performing the duties of a signal person.

(B) Not stand, sit on, or work from the top or intermediate rail or toeboard, or use any other means/device to raise their working height.

(3) Before employees exit or enter a hoisted personnel platform that is not landed, the platform shall be secured to the structure where the work is to be performed, unless the employer can demonstrate that securing to the structure would create a greater hazard.

(4) If the platform is tied to the structure, the operator shall not move the platform until the operator receives confirmation that it is freely suspended.

(5) Tag lines shall be used when necessary to control the platform.

(6) Platforms without controls. Where the platform is not equipped with controls, the equipment operator shall remain at the equipment controls, on site, and in view of the equipment, at all times while the platform is occupied.

(7) Platforms with controls. Where the platform is equipped with controls, all of the following shall be met at all times while the platform is occupied:

(A) The occupant using the controls in the platform shall be a qualified person with respect to their use, including the safe limitations of the equipment and hazards associated with its operation.

(B) The equipment operator shall be at a set of equipment controls that include boom and swing functions of the equipment, and must be on site and in view of the equipment.

(8) Environmental conditions.

(A) Wind. When wind speed (sustained or gusts) exceeds 20 mph at the personnel platform, a qualified person shall determine if, in light of the wind conditions, it is not safe to lift personnel. If it is not, the lifting operation shall not begin (or, if already in progress, shall be terminated).

(B) Other weather and environmental conditions. A qualified person shall determine if, in light of indications of dangerous weather conditions, or other impending or existing danger, it is not safe to lift personnel. If it is not, the lifting operation shall not begin (or, if already in progress, shall be terminated).

(9) Employees being hoisted shall remain in direct communication with the signal person (where used), or the operator.

(10) Fall protection.

(A) Except over water, employees occupying the personnel platform shall be provided with and shall use a personal fall arrest system. The system shall be attached to a structural member within the personnel platform. When working over or near water, the requirements of Section 1602 apply.

(B) The fall arrest system, including the attachment point (anchorage) used to comply with subsection (k)(10)(A) of this section, shall meet the requirements in Article 24 of these Orders.

(11) Other load lines.

(A) No lifts shall be made on any other of the equipment's load lines while personnel are being hoisted, except in pile driving operations.

(B) Factory-produced boom-mounted personnel platforms that incorporate a winch as original equipment. Loads are permitted to be hoisted by such a winch while employees occupy the personnel platform only where the load on the winch line does not exceed 500 pounds and does not exceed the rated capacity of the winch and platform.

(12) Traveling -- equipment other than derricks.

(A) Hoisting of employees while the equipment is traveling is prohibited, except for:

1. Equipment that travels on fixed rails; or

2. Where the employer demonstrates that there is no less hazardous way to perform the work.

3. This exception does not apply to rubber-tired equipment.

(B) Where employees are hoisted while the equipment is traveling, all of the following criteria shall be met:

1. Equipment travel shall be restricted to a fixed track or runway.

2. Where a runway is used, it shall be a firm, level surface designed, prepared and designated as a path of travel for the weight and configuration of the equipment being used to lift and travel with the personnel platform. An existing surface may be used as long as it meets these criteria.

3. Equipment travel shall be limited to boom length.

4. The boom shall be parallel to the direction of travel, except where it is safer to do otherwise.

5. A complete trial run shall be performed to test the route of travel before employees are allowed to occupy the platform. This trial run can be performed at the same time as the trial lift required by subsection (h) of this section which tests the lift route.

(13) Traveling -- derricks. Derricks are prohibited from traveling while personnel are hoisted.

(l) [Reserved.]

(m) Pre-lift meeting. A pre-lift meeting shall be:

(1) Held to review the applicable requirements of this section and the procedures that will be followed.

(2) Attended by the equipment operator, signal person (if used for the lift), employees to be hoisted, and the person responsible for the task to be performed.

(3) Held prior to the trial lift at each new work location, and shall be repeated for any employees newly assigned to the operation.

(n) Hoisting personnel near power lines. Hoisting personnel within 20 feet of a power line that is up to 350 kV, and hoisting personnel within 50 feet of a power line that is over 350 kV, is prohibited, except for work covered by the High Voltage Electrical Safety Orders.

(o) Hoisting personnel in drill shafts.

When hoisting employees into and out of drill shafts that are up to and including 8 feet in diameter, all of the following requirements shall be met:

(1) The employee shall be in either a personnel platform or on a boatswain's chair.

(2) If using a personnel platform, subsections (a) through (n) of this section apply.

(3) If using a boatswain's chair:

(A) The following subsections of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(A), (f)(3)(A), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(A), (m), (n). Where the terms “personnel platform” or “platform” are used in these subsections, substitute them with “boatswain's chair.”

(B) A signal person shall be stationed at the shaft opening.

(D) The employee shall use personal fall protection equipment, including a full body harness, attached independent of the crane/derrick.

(E) The fall protection equipment shall meet the applicable requirements in Articles 16 and 24 of these Orders.

(F) The boatswain's chair itself (excluding the personal fall arrest system anchorages), shall be capable of supporting, without failure, its own weight and at least five times the maximum intended load.

(G) No more than one person shall be hoisted at a time.

(p) Hoisting personnel for pile driving operations. When hoisting an employee in pile driving operations, the following requirements shall be met:

(1) The employee shall be in a personnel platform or boatswain's chair.

(2) For lattice boom cranes: Clearly mark the cable (so that it can easily be seen by the operator) at a point that will give the operator sufficient time to stop the hoist to prevent two-blocking, or use a spotter who is in direct communication with the operator to inform the operator when this point is reached.

For telescopic boom cranes: Clearly mark the cable (so that it can be easily seen by the operator) at a point that will give the operator sufficient time to stop the hoist to prevent two-blocking, and use a spotter who is in direct communication with the operator to inform the operator when this point is reached.

(3) If using a personnel platform, subsections (b) through (n) of this section apply.

(4) If using a boatswain's chair:

(A) The following subsections of this section apply: (a), (c), (d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(A), (f)(3)(A), (g), (h), (j), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(A), (m), and (n). Where the terms “personnel platform” or “platform” are used in these subsections, substitute them with “boatswains chair.”

(B) The employee shall be hoisted in a slow, controlled descent and ascent.

(C) The employee shall use personal fall protection equipment, including a full body harness, independently attached to the lower load block or overhaul ball.

(D) The fall protection equipment shall meet the applicable requirements in Article 24 of these Orders.

(E) The boatswain's chair itself (excluding the personal fall arrest system anchorages), shall be capable of supporting, without failure, its own weight and at least five times the maximum intended load.

(F) No more than one person shall be hoisted at a time.

(q) [Reserved.]

(r) Hoisting personnel for marine transfer. When hoisting employees solely for transfer to or from a marine worksite, the following requirements shall be met:

(1) The employee shall be in either a personnel platform or a marine-hoisted personnel transfer device.

(2) If using a personnel platform, subsections (a) through (n) of this section apply.

(3) If using a marine-hoisted personnel transfer device:

(A) The following subsections of this section apply: (a), (c)(2), (d)(1), (d)(3), (d)(4), (e)(1) through (5), (e)(12), (f)(1), (g), (h), (j), (k)(1), (k)(8), (k)(9), (k)(10)(B), (k)(11)(A), (k)(12), (m), and (n). Where the terms “personnel platform” or “platform” are used in these subsections, substitute them with “marine-hoisted personnel transfer device.”

(B) The transfer device shall be used only for transferring workers.

(D) Each employee shall wear a U.S. Coast Guard personal flotation device approved for industrial use.

(s) Hoisting personnel for storage-tank (steel or concrete), shaft and chimney operations. When hoisting an employee in storage tank (steel or concrete), shaft and chimney operations, the following requirements shall be met:

(1) The employee shall be in a personnel platform except when the employer can demonstrate that use of a personnel platform is infeasible; in such a case, a boatswain's chair shall be used.

(2) If using a personnel platform, subsections (a) through (n) of this section apply.

(3) If using a boatswain's chair:

(B) The employee shall be hoisted in a slow, controlled descent and ascent.

(C) The employee shall use personal fall protection equipment, including a full body harness, attached independent of the crane/derrick. When there is no adequate structure for attachment of personal fall arrest equipment as required in Article 24, the attachment shall be to the lower load block or overhaul ball.

(D) The fall protection equipment shall meet the applicable requirements in Articles 16 and 24 of these Orders.

(F) No more than one person shall be hoisted at a time.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1616.7. Multiple-Crane/Derrick Lifts -- Supplemental Requirements.

Note • History

(a) Plan development. Before beginning a crane/derrick operation in which more than one crane/derrick will be supporting the load, the operation shall be planned. The planning shall meet the following requirements:

(1) The plan shall be developed by a qualified person.

(2) The plan shall be designed to ensure that the requirements of this Article 15 are met.

(3) Where the qualified person determines that engineering expertise is needed for the planning, the employer shall ensure that it is provided.

(b) When two or more cranes are used to lift one load, a qualified person, other than the operators, shall direct the operation. This person shall analyze the operation and instruct all personnel involved in the proper positioning, rigging of the load, and the movements to be made. A qualified person shall be in direct audible communication with both crane operators at all times to direct the lifting operation. Where two cranes or more are used to lift one load, the rating chart shall be reduced on each crane by not less than 25 percent, unless equalizer or other acceptable provisions assure safe distribution of both vertical and horizontal load to the cranes involved, in which case a lesser reduction may be applied.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1617. Signals.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1617.1. Signals -- General Requirements.

Note • History

(a) A signal person shall be provided in each of the following situations:

(1) The point of operation, meaning the load travel or the area near or at load placement, is not in full and direct view of the operator.

(2) When the equipment is traveling, the view in the direction of travel is obstructed.

(3) Due to site-specific safety concerns, either the operator or the person handling the load determines that it is necessary.

(b) Only qualified persons shall be permitted to give signals, and the operator shall respond to signals only from a designated signal person.

Exception: The operator shall obey a stop or emergency stop signal from any person.

(d) Hand Signals.

(1) A uniform signal system shall be used on all operations and if hand signals are used, they shall be clearly understood by the operator. (NOTE: For recommended hand signals, see General Industry Safety Orders, Section 5001, Plate I.)

Exception: Where an operation or use of an attachment is not covered in the recommended hand signals, Plate I, nonstandard hand signals may be used in accordance with subsection (d)(2).

(2) Non-standard hand signals. When using non-standard hand signals, the signal person, operator, and lift director (where there is one) shall contact each other prior to the operation and agree on the non-standard hand signals that will be used.

(3) There shall be conspicuously posted in the vicinity of the hoisting operations, a legible chart depicting and explaining the system of signals used.

(4) Hand signal charts shall be either posted on the equipment or conspicuously posted in the vicinity of the hoisting operations.

(e) Suitability. The signals used (hand, voice, or audible), and means of transmitting the signals to the operator (such as direct line of sight, video, radio, etc.), shall be appropriate for the site conditions.

(f) During operations requiring signals, the ability to transmit signals between the operator and signal person shall be maintained. If that ability is interrupted at any time, the operator shall safely stop operations requiring signals until it is reestablished and a proper signal is given and understood.

(1) Signal systems other than manual shall be protected against unauthorized use, breakage, weather or obstruction which will interfere with safe operation. In the event of any known malfunction, an alternate signal system shall be used or all motion shall be stopped.

(g) If the operator becomes aware of a safety problem and needs to communicate with the signal person, the operator shall safely stop operations. Operations shall not resume until the operator and signal person agree that the problem has been resolved.

(h) Only one person shall give signals to a crane/derrick at a time, except in circumstances covered by subsection (i).

(i) [Reserved]

(j) All directions given to the operator by the signal person shall be given from the operator's direction perspective.

(k) Communication with multiple cranes/derricks. Where a signal person(s) is in communication with more than one crane/derrick, a system shall be used for identifying the crane/derrick each signal is for, as follows:

(1) for each signal, prior to giving the function/direction, the signal person shall identify the crane/derrick the signal is for, or

(2) shall use an equally effective method of identifying which crane/derrick the signal is for.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment of subsections (a)(1) and (b) and repealer of subsection (i) (reserved) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1617.2. Signals -- Radio, Telephone or Other Electronic Transmission of Signals.

Note • History

(a) The device(s) used to transmit signals shall be tested on site before beginning operations to ensure that the signal transmission is effective, clear, and reliable.

(b) Signal transmission shall be through a dedicated channel, except:

(1) Multiple cranes/derricks and one or more signal persons may share a dedicated channel for the purpose of coordinating operations.

(2) Where a crane is being operated on or adjacent to railroad tracks, and the actions of the crane operator need to be coordinated with the movement of other equipment or trains on the same or adjacent tracks.

(d) The signal person shall audibly or visually signal the operator if the signal person becomes aware that communication with the operator has been interrupted during hoisting operations and the operator shall safely stop operations in accordance with Section 1617.1(f).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. New subsection (d) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1617.3. Signals -- Voice Signals -- Additional Requirements.

Note • History

(a) Prior to beginning operations, the operator, signal person and lift director (if there is one), shall contact each other and agree on the voice signals that will be used. Once the voice signals are agreed upon, these workers need not meet again to discuss voice signals unless another worker is added or substituted, there is confusion about the voice signals, or a voice signal is to be changed.

(b) Each voice signal shall contain the following three elements, given in the following order: (1) function (such as hoist, boom, etc.); (2) direction, approximate distance and/or speed; (3) function, stop command.

(c) The operator, signal person and lift director (if there is one), shall be able to effectively communicate in the language used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment of subsection (b) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1618. Qualification and Training.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1618.1. Operator Qualification and Certification.

Note • History

(a) Qualifications and Certification. The employer shall ensure that, prior to operating any equipment covered under CSO Article 15, the person is operating the equipment during a training period in accordance with subsection (d) of this section, or the operator is qualified or certified to operate the equipment in accordance with the following:

(1) When a non-military government entity issues operator licenses for equipment covered under this Article, and that government licensing program meets the requirements of subsections (c)(2) and (b)(1)(C) and (D) of this section, the equipment operator shall be licensed by that government entity for operation of equipment within that entity's jurisdiction.

(2) Where subsection (a)(1) of this section is not applicable, the certification or qualification shall comply with subsection (b) of this section.

(3) Whenever operator qualification or certification is required under this section, the employer shall provide the qualification or certification at no cost to operators who are employed by the employer on July 7, 2011.

(b) Option (1): Certification by an accredited crane operator certifying entity.

(1) Qualifications. The employer shall only permit operators who have a valid certificate of competency (certificate) issued in accordance with this section by an Accredited Certifying Entity for the type of crane to be used to operate a crane covered by this section. Certificates shall be issued to operators who:

(A) Pass a physical examination conducted by a physician which at a minimum shall include the examination criteria specified in the American Society of Mechanical Engineers (ASME) B30.5-2000 standard, Chapter 5-3.1.2(a)(1-5, 7, 8) or the U.S. Department of Transportation (US DOT) physical examination requirements contained in 49 CFR Sections 391.41 through 391.49.

(B) Pass a substance abuse test. The level of testing shall be consistent with the standard practice for the industry where the crane is in use and this test shall be conducted by a recognized laboratory service;

(C) Pass a written examination developed, validated, and administered in accordance with the Standards for Educational and Psychological Testing (Copyright 1999) published jointly by the Joint Committee of the American Educational Research Association, the American Psychological Association, and the National Council in Measurement in Education. The exam shall test knowledge and skills identified as necessary for safe crane operations and shall, at a minimum, include the following:

1. Operational characteristics and controls, including characteristic and performance questions appropriate to the crane type for which qualification is sought;

2. Emergency control skills, such as a response to fire, power line contact, loss of stability, or control malfunction;

3. A demonstration of basic arithmetic skills necessary for crane operation and the ability to read and comprehend the crane manufacturer's operation and maintenance instruction materials, including load capacity information (load charts) for the crane for which certification is sought;

4. Knowledge of chapters 5-0 through 5-3 of The American Society of Mechanical Engineers (ASME) B30.5-2000 and B30.5a-2002 Addenda to the standard for mobile and locomotive cranes or chapters 4-0 through 4-3 of the ASME B30.4-1996 standard for portal, tower, and pedestal cranes or Chapter 3-3 of the ASME B 30.3-1996 standard for Construction Tower Cranes, depending on the type of crane(s) the operator intends to operate.

5. Procedures for preventing and responding to power line contact.

6. Technical knowledge applicable to:

(i) The suitability of the supporting ground and surface to handle expected loads.

(ii) Site hazards.

(iii) Site access.

(D) Pass a “hands-on” examination to demonstrate proficiency in operating the specific type of crane, which at a minimum shall include the following:

1. Ability to recognize, from visual and auditory observation, the items listed in Section 1613.4 (shift inspection).

2. Operational and maneuvering skills.

3. Application of load chart information.

4. Application of safe shut-down and securing procedures.

(2) Certification. Certificates shall be valid for a maximum of five (5) years. An Accredited Certifying Entity shall issue the certificate of competency to operators who successfully demonstrate the qualifications set forth in subsection (b)(1)(A)-(b)(1)(D) of this section.

(A) An operator will be deemed qualified to operate a particular piece of equipment if the operator is certified under subsection (b) of this section for that type and capacity of equipment or for higher-capacity equipment of that type. If no accredited testing agency offers certification examinations for a particular type and/or capacity of equipment, an operator will be deemed qualified to operate that equipment if the operator has been certified for the type/capacity that is most similar to that equipment and for which a certification examination is available. The operator's certificate shall state the type/capacity of equipment for which the operator is certified.

(B) A certification issued under this option (Option 1) is portable and meets the requirements of subsection (a)(2).

(3) Accredited Certifying Entity. A certifying entity is any organization whose certification program is accredited by either the National Commission for Certifying Agencies (NCCA), or the American National Standards Institute (ANSI). ANSI accreditation shall be in accordance with the requirements of the ANSI, International Organization for Standardization (ISO), International Electrotechnical Commission (IEC) 17024:2003(E), Conformity Assessment-General Requirements for Bodies Operating Certification of Persons, which is hereby incorporated by reference.

(A) The accredited certifying entity shall have its accreditation reviewed by the nationally recognized accrediting agency at least every three years.

(4) Re-certification. Crane operators shall re-certify every five (5) years and shall be required to meet all of the qualifications set forth in subsection (b)(1). Operators with at least one-thousand (1,000) hours of documented experience operating the specific type of crane for which re-certification is sought as covered by this section during the immediately preceding certification period and who meet the physical examination, substance abuse, and written examination requirements set forth in subsections 1618.1(b)(1)(A)-(b)(1)(C) of this section shall not be required to take the “hands-on” examination specified in subsection (b)(1)(D) to re-certify.

(5) The accredited certifying entity shall have procedures for operators to re-apply and be re-tested in the event an operator applicant fails a test or is decertified.

(1) For purposes of this section, a government licensing department/office that issues operator licenses for operating equipment covered by this standard is considered a government accredited crane operator testing organization if the criteria in subsection (c)(2) of this section are met.

(2) Licensing criteria.

(A) The requirements for obtaining the license include passing a physical examination and a substance abuse test as prescribed in subsections (b)(1)(A) and (B), and an assessment, by written and practical tests, of the operator applicant regarding, at a minimum, the knowledge and skills listed in subsections (b)(1)(C) and (D) of this section.

(B) The testing meets industry recognized criteria for written testing materials, practical examinations, test administration, grading, facilities/equipment and personnel.

(C) The government authority that oversees the licensing department/office, has determined that the requirements in subsections (c)(2)(A) and (B) of this section have been met.

(D) The licensing department/office has testing procedures for re-licensing designed to ensure that the operator continues to meet the requirements in subsection (c)(2)(A).

(3) A license issued by a government accredited crane operator testing organization that meets the requirements of this option:

(A) Meets the operator qualification requirements of this section for operation of equipment only within the jurisdiction of the government entity.

(B) Is valid for the period of time stipulated by the licensing department/office, but no longer than 5 years.

(d) Pre-qualification/certification training period. An employee who is not qualified or certified under this section is permitted to operate equipment only as an operator-in-training and only where the requirements of this subsection are met.

(1) The employer shall provide each operator-in-training with sufficient training prior to operating the equipment to enable the operator-in training to operate the equipment safely under limitations established by this section (including continuous monitoring) and any additional limitations established by the employer.

(2) The tasks performed by the operator-in-training while operating the equipment shall be within the operator-in-training's ability.

(3) Trainees may be authorized to operate equipment provided they are under the direct supervision of an operator possessing a valid certificate of competency for the type of crane operated by the trainee.

The term direct supervision means the supervising operator is in the immediate area of the trainee and within visual sighting distance and able to effectively communicate with the trainee. When performing direct supervision, the supervising operator shall have no other duties other than to observe the operation of the crane by the trainee.

(A) The operator's trainer shall be an employee or agent of the operator-in-training's employer.

(B) For equipment other than tower cranes: The operator's trainer and the operator-in-training shall be in direct line of sight of each other. In addition, they shall communicate verbally or by hand signals. For tower cranes: The operator's trainer and the operator-in-training shall be in direct communication with each other.

(C) The operator-in-training shall not operate the equipment in any of the following circumstances unless the exception stated in subsection (d)(3)(C)5 of this section is applicable:

1. If any part of the equipment, load line or load (including rigging and lifting accessories), if operated up to the equipment's maximum working radius in the work zone [see Section 1612.1(a)(1)], could get within 20 feet of a power line that is up to 350 kV, or within 50 feet of a power line that is over 350 kV.

2. If the equipment is used to hoist personnel.

3. In multiple-equipment lifts.

4. If the equipment is used over a shaft, cofferdam, or in a tank farm.

5. In multiple-lift rigging operations, except where the operator's trainer determines that the operator-in-training skills are sufficient for this high-skill work.

(e) Effective Dates and Phase-in.

(1) Mobile and tower crane operator qualifications and certification shall be in accordance with the provisions of General Industry Safety Orders, Section 5006.1 effective June 1, 2005, until July 7, 2015.

(2) The provisions of this section are applicable July 7, 2011, except for subsections (a)(2) and (d) which are applicable July 7, 2015.

(3) When subsection (a)(1) is not applicable, the following requirements shall apply until July 7, 2015:

(A) The employer shall ensure that operators of equipment covered by this standard are competent to operate the equipment safely.

(B) Where an employee assigned to operate machinery does not have the required knowledge or ability to operate the equipment safely, the employer shall train that employee prior to operating the equipment. The employer shall ensure that each operator is evaluated to confirm that he/she understands the information provided in the training.

EXCEPTIONS TO SECTION 1618.1:

(1) Operator qualification or certification under this section is not required for operation of derricks, side boom cranes or equipment with a maximum manufacturer-rated hoisting/lifting capacity of 2000 pounds or less.

(2) Operator qualification or certification under this section is not required for operation of articulating/knuckle-boom cranes having a boom length of less than 25 feet or a maximum rated load capacity of less than 15,000 pounds when used to deliver material to a construction site.

(3) Operators of electric line trucks (digger derrick trucks) as defined in Section 2700 of the Electrical Safety Orders and regulated by Section 2940.7 of the High Voltage Electrical Safety Orders. This exception does not include mobile truck cranes designed and built in accordance with the American Society of Mechanical Engineers (ASME) B30.5 standards.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. Amendment of subsections (c)(2)(A) and (c)(2)(D) and new subsection (e)(3) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1618.2. Signal Person Qualifications.

Note • History

(a) The employer of the signal person shall ensure that each signal person meets the Qualification Requirements [subsection (c)] prior to giving any signals. This requirement shall be met by using either Option (1) or Option (2) of this section.

(1) Option (1) -- Third party qualified evaluator. The signal person has documentation from a third party qualified evaluator [see Qualified Evaluator (third party), Section 1610.3 for definition] showing that the signal person meets the Qualification Requirements [see subsection (c)].

(2) Option (2) -- Employer's qualified evaluator. The employer's qualified [see Qualified Evaluator (not a third party), Section 1610.3 for definition] evaluator assesses the individual and determines that the individual meets the Qualification Requirements [see subsection (c)] and provides documentation of that determination. An assessment by an employer's qualified evaluator under this option is not portable -- other employers are not permitted to use it to meet the requirements of this section.

(3) The employer shall make the documentation for whichever option is used available at the site while the signal person is employed by the employer. The documentation shall specify each type of signaling (e.g. hand signals, radio signals, etc.) for which the signal person meets the requirements of subsection (c).

(b) If subsequent actions by the signal person indicate that the individual does not meet the Qualification Requirements [see subsection (c)], the employer shall not allow the individual to continue working as a signal person until re-training is provided and a reassessment is made in accordance with subsection (a) of this section that confirms that the individual meets the Qualification Requirements.

(1) Know and understand the type of signals used. If hand signals are used, the signal person shall know and understand the Standard Method for hand signals.

(2) Be competent in the application of the type of signals used.

(3) Have a basic understanding of equipment operation and limitations, including the crane dynamics involved in swinging and stopping loads and boom deflection from hoisting loads.

(4) Know and understand the relevant requirements of Section 1617.1 through Section 1617.3 and Section 1618.2.

(5) Demonstrate that he/she meets the requirements in subsection (c)(1) through (4) of this section through an oral or written test, and through a practical test.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1618.3. Qualifications of Maintenance and Repair Employees.

Note • History

(a) Maintenance, inspection and repair personnel are permitted to operate the equipment only where all of the following requirements are met:

(1) The operation is limited to those functions necessary to perform maintenance, inspect the equipment, or verify its performance.

(2) The personnel either:

(A) Operate the equipment under the direct supervision of an operator who meets the requirements of Section 1618.1 (Operator Qualification and Certification); or

(B) Are familiar with the operation, limitations, characteristics and hazards associated with the type of equipment.

(b) Maintenance and repair personnel shall meet the definition of a qualified person with respect to the equipment and maintenance/repair tasks performed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1618.4. Training.

Note • History

The employer shall provide training as follows:

(a) Overhead power lines. The employer shall train each employee specified in Section 1612.1(g) in the topics listed in Section 1612.1(g).

(b) Signal persons. The employer shall train each employee who will be assigned to work as a signal person who does not meet the requirements of Section 1618.2(c) in the areas addressed in that section.

(1) Operators-in-Training for equipment where certification or qualification is required by this Article.

The employer shall train each operator-in-training in the areas addressed in Section 1618.1(b)(1)(C) and (D). The employer shall provide re-training if the operator-in-training does not pass a qualification or certification test.

(2) Transitional Period. During the four-year phase-in period for operator certification or qualification, as provided in Section 1618.1(e), employers shall train each operator who has not yet been certified or qualified in the areas addressed in Section 1618.1(b)(1)(C) and (D).

(3) Operators excepted from the requirements of Section 1618.1. The employer shall train each operator excepted under Section 1618.1(a) from the requirements of Section 1618.1 on the safe operation of the equipment the operator will be using.

(4) The employer shall train each operator of the equipment covered by this subpart in the following practices:

(A) On friction equipment, whenever moving a boom off a support, first raise the boom a short distance (sufficient to take the load of the boom) to determine if the boom hoist brake needs to be adjusted. On other types of equipment with a boom, the same practice is applicable, except that typically there is no means of adjusting the brake; if the brake does not hold, a repair is necessary. See Section 1616.1(g) and (j) for additional requirements.

(B) Where available, the manufacturer's emergency procedures for halting unintended equipment movement.

(d) Competent persons and qualified persons. The employer shall train each competent person and each qualified person regarding the requirements of this subpart applicable to their respective roles.

(e) Crush/pinch points. The employer shall train each employee who works with the equipment to keep clear of holes, and crush/pinch points and the hazards addressed in Section 1616.3 (Work area control).

(f) Tag-out. The employer shall train each operator and each additional employee authorized to start/energize equipment or operate equipment controls (such as maintenance and repair employees), in the tag-out and start-up procedures in Sections 1616.1(g) and (h).

(g) Training administration.

(1) The employer shall evaluate each employee required to be trained under this subpart to confirm that the employee understands the information provided in the training.

(2) The employer shall provide refresher training in relevant topics for each employee when, based on the conduct of the employee or an evaluation of the employee's knowledge, there is an indication that retraining is necessary.

(3) Whenever training is required under this Article, the employer shall provide the training at no cost to the employee.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1619. Supplemental Requirements.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section heading filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1619.1. Tower Cranes.

Note • History

(a) This section contains supplemental requirements for tower cranes; all sections of this Article 15 apply to tower cranes unless specified otherwise.

(b) Erecting, climbing and dismantling.

The erection, climbing (up and down) and dismantling of a fixed tower crane shall comply with the requirements of Title 8, Section 341.1(b)(2) and General Industry Safety Orders, Section 4966. In addition the following supplemental requirements are applicable for all tower cranes.

(1) Section 1611.1 (Assembly/Disassembly -- selection of manufacturer or employer procedures), Section 1611.2 (Assembly/Disassembly -- general requirements (applies to all assembly and disassembly operations)), Section 1611.3 (Disassembly -- additional requirements for dismantling of booms and jibs (applies to both the use of manufacturer procedures and employer procedures)), and Section 1611.4 (Assembly/Disassembly -- Employer Procedures -- general requirements), apply to tower cranes (except as otherwise specified), except that the term “assembly/disassembly” is replaced by “erecting, climbing and dismantling,” and the term “disassembly” is replaced by “dismantling.”

(2) Dangerous areas (self-erecting tower cranes). In addition to the requirements in Section 1611.2(e), for self-erecting tower cranes, the following applies: Employees shall not be in or under the tower, jib, or rotating portion of the crane during erecting, climbing and dismantling operations until the crane is secured in a locked position and the competent person in charge indicates it is safe to enter this area, unless the manufacturer's instructions direct otherwise and only the necessary personnel are permitted in this area.

(3) Foundations and structural supports. Tower crane foundations and structural supports (including both the portions of the structure used for support and the means of attachment) shall be designed by the manufacturer or a certified agent.

(A) The controlling entity shall ensure the tower crane foundations and structural supports are installed in accordance with the manufacturer's or certified agent's instructions.

(B) The controlling entity shall provide a written statement of compliance with subsection (A), above, to the erecting entity prior to erection or jump of the tower crane.

(C) The top of the support/foundation shall be accessible and free of debris, materials and standing water. No materials shall be stored on the support unless approved by a qualified person. The foundation and fasteners shall remain accessible and visible for inspection at all times.

(4) Addressing specific hazards. The requirements in Section 1611.2(h)(1) through (9) apply. In addition, the A/D director shall address the following:

(A) Foundations and structural supports. The A/D director shall determine that tower crane foundations and structural supports are installed in accordance with their design.

(B) Loss of backward stability. Backward stability before swinging self-erecting cranes or cranes on traveling or static undercarriages.

(C) Wind speed. Wind must not exceed the speed recommended by the manufacturer or, where manufacturer does not specify this information, the speed determined by a qualified person.

(5) Plumb tolerance. Towers shall be erected plumb to the manufacturer's tolerance and verified by a qualified person. Where the manufacturer does not specify plumb tolerance, the crane tower shall be plumb to a tolerance of at least 1:500 (approximately 1 inch in 40 feet).

(6) Multiple tower crane jobsites. On jobsites where more than one fixed jib (hammerhead) tower crane is installed, the cranes shall be located such that no crane can come in contact with the structure of another crane. Cranes are permitted to pass over one another.

(7) Climbing procedures. Prior to, and during, all climbing procedures (including inside climbing and top climbing), the employer shall:

(A) Comply with all manufacturer prohibitions.

(B) Have a certified agent verify that the host structure is strong enough to sustain the forces imposed through the braces, brace anchorages and supporting floors.

(8) Counterweight/ballast.

(A) Equipment shall not be erected, dismantled or operated without the amount and position of counterweight and/or ballast in place as specified by the manufacturer or a certified agent familiar with the equipment.

(B) The maximum counterweight and/or ballast specified by the manufacturer or certified agent familiar with the equipment shall not be exceeded.

(c) Signs. The size and location of signs installed on tower cranes shall be in accordance with manufacturer specifications. Where these are unavailable, a certified agent familiar with the type of equipment involved shall approve in writing the size and location of any signs.

(d) Safety devices.

(1) Section 1615.1 does not apply to tower cranes.

(2) The following safety devices are required on all tower cranes unless otherwise specified:

(A) Boom stops on luffing boom type tower cranes.

(B) Jib stops on luffing boom type tower cranes if equipped with a jib attachment.

(D) Travel rail clamps on all travel bogies.

(E) Integrally mounted check valves on all load supporting hydraulic cylinders.

(F) Hydraulic system pressure limiting device.

(G) The following brakes, which shall automatically set in the event of pressure loss or power failure, are required:

1. A hoist brake on all hoists.

2. Swing brake.

3. Trolley brake.

4. Rail travel brake.

(H) Deadman control or forced neutral return control (hand) levers.

(I) Emergency stop switch at the operator's station.

(J) Trolley end stops shall be provided at both ends of travel of the trolley.

(3) Proper operation required.

Operations shall not begin unless the devices listed in this section are in proper working order. If a device stops working properly during operations, the operator shall safely stop operations. The equipment shall be taken out of service, and operations shall not resume until the device is again working properly. See Section 1616.1(g). Alternative measures are not permitted to be used.

(e) Operational aids.

(1) Section 1615.2 does not apply to tower cranes.

(2) The devices listed in this section (“operational aids”) are required on all tower cranes covered by this Article, unless otherwise specified.

(3) Operations shall not begin unless the operational aids are in proper working order, except where the employer meets the specified temporary alternative measures. More protective alternative measures specified by the tower crane manufacturer, if any, shall be followed. See Section 1616.1(j) for additional requirements.

(4) If an operational aid stops working properly during operations, the operator shall safely stop operations until the temporary alternative measures are implemented or the device is again working properly.

(5) Category I operational aids. Operational aids listed in this subsection shall be operational prior to and during operation at all times.

(A) Trolley travel limiting device. The travel of the trolley shall be restricted at both ends of the jib by a trolley travel limiting device to prevent the trolley from running into the trolley end stops.

(B) Boom hoist limiting device. The range of the boom shall be limited at the minimum and maximum radius.

(C) Anti two-blocking device. The tower crane shall be equipped with a device which automatically prevents damage from contact between the load block, overhaul ball, or similar component, and the boom tip (or fixed upper block or similar component). The device(s) shall prevent such damage at all points where two-blocking could occur.

(D) Hoist drum lower limiting device. Tower cranes manufactured after July 7, 2012 shall be equipped with a device that prevents the last 2 wraps of hoist cable from being spooled off the drum.

(E) Load moment limiting device. The tower crane shall have a device that prevents moment overloading.

(F) Hoist line pull limiting device. The capacity of the hoist shall be limited to prevent overloading, including each individual gear ratio if equipped with a multiple speed hoist transmission.

(G) Rail travel limiting device. The travel distance in each direction shall be limited to prevent the travel bogies from running into the end stops or buffers.

(H) Boom hoist drum positive locking device and control. The boom hoist drum shall be equipped with a control that will enable the operator to positively lock the boom hoist drum from the cab. Temporary alternative measure: The device shall be manually set when required if an electric, hydraulic or automatic control is not functioning.

(I) Boom angle or hook radius indicator.

1. Luffing boom tower cranes shall have a boom angle indicator readable from the operator's station.

2. Hammerhead tower cranes manufactured after July 7, 2012 shall have a hook radius indicator readable from the operator's station.

(J) Trolley travel deceleration device. The trolley speed shall be automatically reduced prior to the trolley reaching the end limit in both directions.

(K) Boom hoist deceleration device. The boom speed shall be automatically reduced prior to the boom reaching the minimum or maximum radius limit.

(L) Load hoist deceleration device. The load speed shall be automatically reduced prior to the hoist reaching the upper limit.

(M) Wind speed indicator. A device shall be provided to display the wind speed and shall be mounted above the upper rotating structure on tower cranes. On self erecting cranes, it shall be mounted at or above the jib level.

Temporary alternative measures:

Use of wind speed information from a properly functioning indicating device on another tower crane on the same site, or a qualified person estimates the wind speed.

(N) Load indicating device. Cranes manufactured after July 7, 2012 shall have a device that displays the magnitude of the load on the hook. Displays that are part of load moment limiting devices that display the load on the hook meet this requirement.

(f) Inspections.

(1) Sections 1613.1-1613.9 (Inspections) apply to tower cranes, except that the term “assembly” is replaced by “erection.” Section 1613.10 (Wire rope -- Inspection) applies to tower cranes.

(2) Pre-erection inspection. Before each crane component is erected, it shall be inspected by a qualified person for damage or excessive wear.

(A) The qualified person shall pay particular attention to components that will be difficult to inspect thoroughly during shift inspections.

(B) If the qualified person determines that a component is damaged or worn to the extent that it would create a safety hazard if used on the crane, that component shall not be erected on the crane unless it is repaired and, upon reinspection by the qualified person, found to no longer create a safety hazard.

(C) If the qualified person determines that, though not presently a safety hazard, the component needs to be monitored, the employer shall ensure that the component is checked in the monthly inspections. Any such determination shall be documented, and the documentation shall be available to any individual who conducts a monthly inspection.

(3) Post-erection inspection. In addition to the requirements in Section 1613.3, the following requirements shall be met:

(A) A load test using certified weights, or scaled weights using a certified scale with a current certificate of calibration, shall be conducted after each erection.

(B) The load test shall be conducted in accordance with General Industry Safety Orders, Section 5022 and the manufacturer's instructions when available. Where the manufacturer's instructions are unavailable, other methods of proof load testing may be substituted for the above where acceptable to the Division.

(4) Monthly. The following additional items shall be included:

(A) Tower (mast) bolts and other structural bolts (for loose or dislodged condition) from the base of the tower crane up or, if the crane is tied to or braced by the structure, those above the upper-most brace support.

(B) The upper-most tie-in, braces, floor supports and floor wedges where the tower crane is supported by the structure, for loose or dislodged components.

(5) Annual. In addition to the items that shall be inspected under Section 1613.6, all turntable and tower bolts shall be inspected for proper condition and torque.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

2. New subsections (b)(3)(A)-(C) filed 10-2-2012; operative 11-1-2012 (Register 2012, No. 40).

§1619.2. Derricks.

History

(a) This section contains supplemental requirements for derricks, whether temporarily or permanently mounted; all sections of this Article 15 apply to derricks unless specified otherwise.

(b) Operation -- Procedures.

(1) Section 1616.1 (Operation) applies except for Section 1616.1(c) (Accessibility of procedures).

(2) Load chart contents. Load charts shall contain at least the following information:

(A) Rated capacity at corresponding ranges of boom angle or operating radii.

(B) Specific lengths of components to which the rated capacities apply.

(D) Size and construction of rope shall be included on the load chart or in the operating manual.

(3) Load chart location.

(A) Permanent installations. For permanently installed derricks with fixed lengths of boom, guy, and mast, a load chart shall be posted where it is visible to personnel responsible for the operation of the equipment.

(B) Non-permanent installations. For derricks that are not permanently installed, the load chart shall be readily available at the job site to personnel responsible for the operation of the equipment.

(1) General requirements.

(A) Derricks shall be constructed to meet all stresses imposed on members and components when installed and operated in accordance with the manufacturer's/builder's procedures and within its rated capacity.

(B) Welding of load sustaining members shall conform to recommended practices in ANSI/AWS D14.3-94 (incorporated by reference) or AWS D1.1/D1.1M:2002 (incorporated by reference).

(2) Guy derricks.

(A) The minimum number of guys shall be 6, with equal spacing, except where a qualified person or derrick manufacturer approves variations from these requirements and revises the rated capacity to compensate for such variations.

(B) Guy derricks shall not be used unless the employer has the following guy information from the manufacturer or a qualified person, when not available from the manufacturer:

1. The number of guys.

2. The spacing around the mast.

3. The size, grade, and construction of rope to be used for each guy.

(C) For guy derricks manufactured after December 18, 1970, in addition to the information required in subsection (c)(2)(B) of this section, the employer shall have the following guy information from the manufacturer or a qualified person, when not available from the manufacturer:

1. The amount of initial sag or tension.

2. The amount of tension in guy line rope at anchor.

(D) The mast base shall permit the mast to rotate freely with allowance for slight tilting of the mast caused by guy slack.

(E) The mast cap shall:

1. Permit the mast to rotate freely.

2. Withstand tilting and cramping caused by the guy loads.

3. Be secured to the mast to prevent disengagement during erection.

4. Be provided with means for attaching guy ropes.

(3) Stiffleg derricks.

(A) The mast shall be supported in the vertical position by at least two stifflegs; one end of each shall be connected to the top of the mast and the other end securely anchored.

(B) The stifflegs shall be capable of withstanding the loads imposed at any point of operation within the load chart range.

1. Permit the mast to rotate freely (when necessary).

2. Permit deflection of the mast without binding.

(D) The mast shall be prevented from lifting out of its socket when the mast is in tension.

(E) The stiffleg connecting member at the top of the mast shall:

1. Permit the mast to rotate freely (when necessary).

2. Withstand the loads imposed by the action of the stifflegs.

3. Be secured so as to oppose separating forces.

(4) Gin pole derricks.

(A) Guy lines shall be sized and spaced so as to make the gin pole stable in both boomed and vertical positions.

Exception: Where the size and/or spacing of guy lines do not result in the gin pole being stable in both boomed and vertical positions, the employer shall ensure that the derrick is not used in an unstable position.

(B) The base of the gin pole shall permit movement of the pole (when necessary).

(5) Chicago boom derricks. The fittings for stepping the boom and for attaching the topping lift shall be arranged to:

(A) Permit the derrick to swing at all permitted operating radii and mounting heights between fittings.

(B) Accommodate attachment to the upright member of the host structure.

(C) Withstand the forces applied when configured and operated in accordance with the manufacturer's/builder's procedures and within its rated capacity.

(D) Prevent the boom or topping lift from lifting out under tensile forces.

(d) Anchoring and guying.

(1) Load anchoring data developed by the manufacturer or a qualified person shall be used.

(2) Guy derricks.

(A) The mast base shall be anchored.

(B) The guys shall be secured to the ground or other firm anchorage.

(C) The anchorage and guying shall be designed to withstand maximum horizontal and vertical forces encountered when operating within rated capacity with the particular guy slope and spacing specified for the application.

(3) Stiffleg derricks.

(A) The mast base and stifflegs shall be anchored.

(B) The mast base and stifflegs shall be designed to withstand maximum horizontal and vertical forces encountered when operating within rated capacity with the particular stiffleg spacing and slope specified for the application.

(e) Swingers and hoists.

(1) The boom, swinger mechanisms and hoists shall be suitable for the derrick work intended and shall be anchored to prevent displacement from the imposed loads.

(2) Hoists.

(A) Base mounted drum hoists shall meet the requirements in the following sections of ASME B30.7-2001 (incorporated by reference):

1. Sections 7-1.1 (“Load ratings and markings”).

2. Section 7-1.2 (“Construction”), except: 7-1.2.13 (“Operator's cab”); 7-1.2.15 (“Fire extinguishers”).

3. Section 7-1.3 (“Installation”).

4. Applicable terms in section 7-0.2 (“Definitions”).

(B) Load tests for new hoists. The employer shall ensure that new hoists are load tested to a minimum of 110% of rated capacity, but not more than 125% of rated capacity, unless otherwise recommended by the manufacturer. This requirement is met where the manufacturer has conducted this testing.

(C) Repaired or modified hoists. Hoists that have had repairs, modifications or additions affecting their capacity or safe operation shall be evaluated by a qualified person to determine if a load test is necessary. If it is, load testing shall be conducted in accordance with subsections (e)(2)(B) and (D) of this section.

(D) Load test procedure. Load tests required by subsections (e)(2)(B) or (e)(2)(C) of this section shall be conducted as follows:

1. The test load shall be hoisted a vertical distance to assure that the load is supported by the hoist and held by the hoist brake(s).

2. The test load shall be lowered, stopped and held with the brake(s).

3. The hoist shall not be used unless a competent person determines that the test has been passed.

(f) Operational aids.

(1) Section 1615.2 (Operational aids) applies, except for Section 1615.2(d)(1) (Boom hoist limiting device), Section 1615.2(e)(1) (Boom angle or radius indicator), and Section 1615.2(e)(4) (Load weighing and similar devices).

(2) Boom angle aid. A boom angle indicator is not required but if the derrick is not equipped with a functioning one, the employer shall ensure that either:

(A) The boom hoist cable shall be marked with caution and stop marks. The stop marks shall correspond to maximum and minimum allowable boom angles. The caution and stop marks shall be in view of the operator, or a spotter who is in direct communication with the operator; or

(B) An electronic or other device that signals the operator in time to prevent the boom from moving past its maximum and minimum angles, or automatically prevents such movement, is used.

(3) Load weight/capacity devices.

(A) Derricks manufactured more than one year after July 7, 2011 with a maximum rated capacity over 6,000 pounds shall have at least one of the following: load weighing device, load moment indicator, rated capacity indicator, or rated capacity limiter.

Temporary alternative measures:

The weight of the load shall be determined from a source recognized by the industry (such as the load's manufacturer), or by a calculation method recognized by the industry (such as calculating a steel beam from measured dimensions and a known per foot weight), or by other equally reliable means. This information shall be provided to the operator prior to the lift. See Section 1616.1(j) for additional requirements.

(B) A load weight/capacity device that is not working properly shall be repaired no later than 30 days after the deficiency occurs.

Exception: If the employer documents that it has ordered the necessary parts within 7 days of the occurrence of the deficiency, and the part is not received in time to complete the repair in 30 days, the repair shall be completed within 7 days of receipt of the parts.

(g) Post-assembly approval and testing -- new or reinstalled derricks.

(1) Anchorages.

(A) Anchorages, including the structure to which the derrick is attached (if applicable), shall be approved by a certificating agency.

(B) If using a rock or hairpin anchorage, the certificating agency shall determine if any special testing of the anchorage is needed. If so, it shall be tested accordingly.

(2) Functional test. Prior to initial use, new or reinstalled derricks shall be tested by a certificating agency with no hook load to verify proper operation. This test shall include:

(A) Lifting and lowering the hook(s) through the full range of hook travel.

(B) Raising and lowering the boom through the full range of boom travel.

(D) Actuating the anti two-block and boom hoist limit devices (if provided).

(E) Actuating locking, limiting and indicating devices (if provided).

(3) Load test. Prior to initial use, new or reinstalled derricks shall be load tested by a certificating agency. The testing shall be done in accordance with the provisions of General Industry Safety Orders, Section 5023.

(A) The test shall consist of:

1. Hoisting the test load a few inches and holding to verify that the load is supported by the derrick and held by the hoist brake(s).

2. Swinging the derrick, if applicable, the full range of its swing, at the maximum allowable working radius for the test load.

3. Booming the derrick up and down within the allowable working radius for the test load.

4. Lowering, stopping and holding the load with the brake(s).

(4) Documentation. Tests conducted under this subsection shall be documented. The document shall contain the date, test results and the name of the tester. The document shall be retained until the derrick is re-tested or dismantled, whichever occurs first. All such documents shall be available, during the applicable document retention period, to all persons who conduct inspections in accordance with Sections 1613.1-1613.9.

(h) Load testing repaired or modified derricks. Derricks that have had repairs, modifications or additions affecting the derrick's capacity or safe operation shall be evaluated by a certificating agency to determine if a load test is necessary. If it is, load testing shall be conducted and documented in accordance with subsection (g) of this section.

(i) [Reserved.]

(j) Power failure procedures. If power fails during operations, the derrick operator shall safely stop operations. This shall include:

(1) Setting all brakes or locking devices.

(2) Moving all clutch and other power controls to the off position.

(3) If practical, the suspended load shall be landed under brake control.

(k) Use of winch heads.

(1) Ropes shall not be handled on a winch head without the knowledge of the operator.

(2) While a winch head is being used, the operator shall be within reach of the power unit control lever.

(l) [Reserved.]

(m) Securing the boom.

(1) When the boom is being held in a fixed position, dogs, pawls, or other positive holding mechanisms on the boom hoist shall be engaged.

(2) When taken out of service for 30 days or more, the boom shall be secured by one of the following methods:

(A) Laid down.

(B) Secured to a stationary member, as nearly under the head as possible, by attachment of a sling to the load block.

(D) For stiffleg derricks, secured against the stiffleg.

(n) The process of jumping the derrick shall be supervised by the A/D director.

(o) Derrick operations shall be supervised by a competent person.

(p) Inspections. In addition to the requirements in Sections 1613.1-1613.9, the following additional items shall be included in the inspections:

(1) Daily: Guys for proper tension.

(2) Annual.

(A) Gudgeon pin for cracks, wear, and distortion.

(B) Foundation supports for continued ability to sustain the imposed loads.

(q) Qualification and Training. The employer shall train each operator of a derrick on the safe operation of equipment the individual will operate. Section 1618.1 (Operator qualification and certification) does not apply.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1619.3. Floating Cranes/Derricks and Land Cranes/Derricks on Barges.

Note • History

(a) This section contains supplemental requirements for floating cranes/derricks and land cranes/derricks on barges, pontoons, vessels or other means of flotation (i.e., vessel/flotation device). The sections of this Article 15 apply to floating cranes/derricks and land cranes/derricks on barges, pontoons, vessels or other means of flotation, unless specified otherwise. The requirements of this section do not apply when using jacked barges when the jacks are deployed to the river, lake, or sea bed and the barge is fully supported by the jacks.

(b) General requirements. The requirements in subsections (c) through (k) of this section apply to both floating cranes/derricks and land cranes/derricks on barges, pontoons, vessels or other means of flotation.

(1) The requirements of Section 1616.3 (Work area control) apply, except for Section 1616.3(a)(2)(B).

(2) The employer shall either:

(A) Erect and maintain control lines, warning lines, railings or similar barriers to mark the boundaries of the hazard areas; or

(B) Clearly mark the hazard areas by a combination of warning signs (such as, “Danger -- Swing/Crush Zone”) and high visibility markings on the equipment that identify the hazard areas. In addition, the employer shall train each employee to understand what these markings signify.

(d) Keeping clear of the load. Section 1616.4 does not apply.

(e) Additional safety devices. In addition to the safety devices listed in Section 1615.1, the following safety devices are required:

(1) Barge, pontoon, vessel or other means of flotation list and trim device. The safety device shall be located in the cab or, when there is no cab, at the operator's station.

(2) Positive equipment house lock.

(3) Wind speed and direction indicator. A competent person shall determine if wind is a factor that needs to be considered; if wind needs to be considered, a wind speed and direction indicator shall be used.

(f) Operational aids.

(1) An anti two-block device is required only when hoisting personnel or hoisting over an occupied cofferdam or shaft.

(2) Section 1615.2(e)(4) (Load weighing and similar devices) does not apply to dragline, clamshell (grapple), magnet, drop ball, container handling, concrete bucket, and pile driving work performed under this section.

(g) Accessibility of procedures applicable to equipment operation. If the crane/derrick has a cab, the requirements of Section 1616.1(c) apply. If the crane/derrick does not have a cab, the employer shall ensure that:

(1) Rated capacities (load charts) are posted at the operator's station. If the operator's station is moveable (such as with pendant-controlled equipment), the load charts are posted on the equipment.

(2) Procedures applicable to the operation of the equipment (other than load charts), recommended operating speeds, special hazard warnings, instructions and operators manual, shall be readily available on board the vessel/flotation device.

(h) Inspections. In addition to meeting the requirements of Sections 1613.1-1613.9 for inspecting the crane/derrick, the employer shall inspect the barge, pontoons, vessel or other means of flotation used to support a floating crane/derrick or land crane/derrick, and ensure that:

(1) Shift. For each shift inspection, the means used to secure/attach the equipment to the vessel/flotation device is in proper condition, including wear, corrosion, loose or missing fasteners, defective welds, and (when applicable) insufficient tension.

(2) Monthly. For each monthly inspection:

(A) The means used to secure/attach the equipment to the vessel/flotation device is in proper condition, including inspection for wear, corrosion, and, when applicable, insufficient tension.

(B) The vessel/flotation device is not taking on water.

(D) The vessel/flotation device is watertight based on the condition of the chain lockers, storage, fuel compartments, and hatches.

(E) The firefighting and lifesaving equipment is in place and functional.

(3) The shift and monthly inspections are conducted by a qualified person, and:

(A) If any deficiency is identified, an immediate determination is made by a qualified person whether the deficiency constitutes a hazard.

(B) If the deficiency is determined to constitute a hazard, the vessel/flotation device is removed from service until the deficiency has been corrected.

(4) Annual: external vessel/flotation device inspection. For each annual inspection:

(A) The external portion of the barge, pontoons, vessel or other means of flotation used is inspected annually by a qualified person who has expertise with respect to vessels/flotation devices and that the inspection includes the following items:

1. The items identified in subsections (h)(1) (Shift) and (h)(2) (Monthly) of this section.

2. Cleats, bitts, chocks, fenders, capstans, ladders, and stanchions, for significant corrosion, wear, deterioration, or deformation that could impair the function of these items.

3. External evidence of leaks and structural damage; evidence of leaks and damage below the waterline may be determined through internal inspection of the vessel/flotation device.

4. Four-corner draft readings.

5. Firefighting equipment for serviceability.

(B) Rescue skiffs, lifelines, work vests, life preservers and ring buoys are inspected for proper condition.

(C) If any deficiency is identified, an immediate determination is made by the qualified person whether the deficiency constitutes a hazard or, though not yet a hazard, needs to be monitored in the monthly inspections.

1. If the qualified person determines that the deficiency constitutes a hazard, the vessel/flotation device is removed from service until it has been corrected. See requirements in Section 1616.1(g).

2. If the qualified person determines that, though not presently a hazard, the deficiency needs to be monitored, the deficiency is checked in the monthly inspections.

(5) Four-year: internal vessel/flotation device inspection. For each four-year inspection:

(A) A marine engineer, marine architect, licensed surveyor, or other qualified person who has expertise with respect to vessels/flotation devices surveys the internal portion of the barge, pontoons, vessel, or other means of flotation.

(B) If the surveyor identifies a deficiency, an immediate determination is made by the surveyor as to whether the deficiency constitutes a hazard or, though not yet a hazard, needs to be monitored in the monthly or annual inspections, as appropriate.

1. If the surveyor determines that the deficiency constitutes a hazard, the vessel/flotation device is removed from service until it has been corrected.

2. If the surveyor determines that, though not presently a hazard, the deficiency needs to be monitored, the deficiency is checked in the monthly or annual inspections, as appropriate.

(6) Documentation. The monthly and annual inspections required in subsections (h)(2) and (h)(4) of this section are documented in accordance with Sections 1613.5(a)(3) and 1613.6(g), respectively, and that the four-year inspection required in subsection (h)(5) of this section is documented in accordance with Section 1613.6(g), except that the documentation for that inspection shall be retained for a minimum of 4 years. All such documents shall be made available, during the applicable document retention period, to all persons who conduct inspections in accordance with Sections 1613.1-1613.9.

(i) [Reserved.]

(j) [Reserved.]

(k) Manufacturer's specifications and limitations.

(1) The employer shall ensure that the barge, pontoons, vessel, or other means of flotation shall be capable of withstanding imposed environmental, operational and in-transit loads when used in accordance with the manufacturer's specifications and limitations.

(2) The employer shall ensure that the manufacturer's specifications and limitations with respect to environmental, operational, and in-transit loads for a barge, pontoon, vessel, or other means of flotation are not exceeded or violated.

(3) When the manufacturer's specifications and limitations are unavailable, the employer shall ensure that the specifications and limitations established by a qualified person with respect to environmental, operational and in-transit loads for the barge, pontoons, vessel, or other means of flotation are not exceeded or violated.

(m) Floating cranes/derricks. For equipment designed by the manufacturer (or employer) for marine use by permanent attachment to barges, pontoons, vessels or other means of flotation:

(1) Load charts.

(A) The employer shall not exceed the manufacturer load charts applicable to operations on water. When using these charts, the employer shall comply with all parameters and limitations (such as dynamic and environmental parameters) applicable to the use of the charts.

(B) The employer shall ensure that load charts take into consideration a minimum wind speed of 40 miles per hour.

(2) The employer shall ensure that the requirements for maximum allowable list and maximum allowable trim as specified in Table M1 of this section are met.

TABLE M1

Maximum Maximum

Allowable List Allowable Trim

Rated Capacity (degrees) (degrees)

Equipment designed for marine

use by permanent attachment

(other than derricks):

25 tons or less 5 5

Over 25 tons 7 7

Derricks designed for marine use

by permanent attachment:

Any rated capacity 10 10

(3) The employer shall ensure that the equipment is stable under the conditions specified in Tables M2 and M3 of this section. (NOTE: Freeboard is the vertical distance between the water line and the main deck of the vessel.)

TABLE M2

Minimum

Operated at Wind speed (mph) freeboard (ft)

Rated capacity 60 2

Rated capacity plus 25% 60 1

High boom, no load 60 2

TABLE M3

Operated at Wind speed (mph)

For backward stability of the boom: 90

High boom, no load, full back list

(least stable condition)

(4) If the equipment is employer-made, it shall not be used unless the employer has documents demonstrating that the load charts and applicable parameters for use meet the requirements of subsections (m)(1) through (3) of this section. Such documents shall be signed by a registered professional engineer who is a qualified person with respect to the design of this type of equipment (including the means of flotation).

(5) The employer shall ensure that the barge, pontoons, vessel or other means of flotation used:

(A) Are structurally sufficient to withstand the static and dynamic loads of the crane/derrick when operating at the crane/derrick's maximum rated capacity with all planned and actual deck loads and ballasted compartments.

(B) Have a subdivided hull with one or more longitudinal watertight bulkheads for reducing the free-surface effect.

(n) Land cranes/derricks. For land cranes/derricks used on barges, pontoons, vessels or other means of flotation, the employer shall ensure that:

(1) The rated capacity of the equipment (including but not limited to modification of load charts) applicable for use on land is reduced to:

(A) Account for increased loading from list, trim, wave action, and wind.

(B) Be applicable to a specified location(s) on the specific barge, pontoons, vessel or other means of flotation that will be used, under the environmental conditions expected and encountered.

(2) The rated capacity modification required in subsection (n)(1) of this section is performed by the equipment manufacturer, or a qualified person who has expertise with respect to both land crane/derrick capacity and the stability of vessels/flotation devices.

(3) For list and trim.

(A) The maximum allowable list and the maximum allowable trim for the barge, pontoon, vessel or other means of flotation shall not exceed the amount necessary to ensure that the conditions in subsection (n)(4) of this section are met. In addition, the maximum allowable list and the maximum allowable trim does not exceed the least of the following: 5 degrees, the amount specified by the crane/derrick manufacturer, or, when, an amount is not so specified, the amount specified by the qualified person.

(B) The maximum allowable list and the maximum allowable trim for the land crane/derrick does not exceed the amount specified by the crane/derrick manufacturer, or, when, an amount is not so specified, the amount specified by the qualified person.

(4) For the following conditions:

(A) All deck surfaces of the barge, pontoons, vessel or other means of flotation used are above water.

(B) The entire bottom area of the barge, pontoons, vessel or other means of flotation used is submerged.

(5) Physical attachment, corralling, rails system and centerline cable system meet the requirements in Option (1), Option (2), Option (3), or Option (4) of this section, and that whichever option is used also meets the requirements of subsection (n)(5)(E) of this section.

(A) Option (1) -- Physical attachment.

The crane/derrick is physically attached to the barge, pontoons, vessel or other means of flotation. Methods of physical attachment include crossed-cable systems attached to the crane/derrick and vessel/flotation device, bolting or welding the crane/derrick to the vessel/flotation device, strapping the crane/derrick to the vessel/flotation device with chains, or other methods of physical attachment.

(B) Option (2) -- Corralling. The crane/derrick is prevented from shifting by installing barricade restraints (i.e., a corralling system). Employers shall ensure that corralling systems do not allow the equipment to shift by any amount of shifting in any direction.

(C) Option (3) -- Rails. The crane/derrick shall be prevented from shifting by being mounted on a rail system. Employers shall ensure that rail clamps and rail stops are used unless the system is designed to prevent movement during operation by other means.

(D) Option (4) -- Centerline cable system. The crane/derrick is prevented from shifting by being mounted to a wire rope system. The employer shall ensure that the wire rope system meets the following requirements:

1. The wire rope and attachments are of sufficient size and strength to support the side load of crane/derrick.

2. The wire rope is attached physically to the vessel/flotation device.

3. The wire rope is attached to the crane/derrick by appropriate attachment methods (such as shackles or sheaves) on the undercarriage, and that the method used will allow the crew to secure the crane/derrick from movement during operation and to move the crane/derrick longitudinally along the vessel/flotation device for repositioning.

4. Means are installed to prevent the crane/derrick from passing the forward or aft end of the wire rope attachments.

5. The crane/derrick is secured from movement during operation.

(E) The systems/means used to comply with Option (1), Option (2), Option (3), or Option (4) of this section are designed by a marine engineer, registered professional engineer familiar with floating crane/derrick design, or qualified person familiar with floating crane/derrick design.

(6) Exception. For mobile auxiliary cranes used on the deck of a floating crane/derrick, the requirement specified by subsection (n)(5) of this section to use Option (1), Option (2), Option (3), or Option (4) does not apply when the employer demonstrates implementation of a plan and procedures that meet the following requirements:

(A) A marine engineer or registered professional engineer familiar with floating crane/derrick design develops and signs a written plan for the use of the mobile auxiliary crane.

(B) The plan is designed so that the applicable requirements of this section are met despite the position, travel, operation, and lack of physical attachment (or corralling, use of rails or cable system) of the mobile auxiliary crane.

(C) The plan specifies the areas of the deck where the mobile auxiliary crane is permitted to be positioned, travel, and operate, and the parameters and limitations of such movements and operation.

(D) The deck is marked to identify the permitted areas for positioning, travel, and operation.

(E) The plan specifies the dynamic and environmental conditions that must be present for use of the plan.

(F) If the dynamic and environmental conditions in subsection (n)(6)(E) of this section are exceeded, the mobile auxiliary crane is attached physically or corralled in accordance with Option (1), Option (2) or Option (4) of subsection (n)(5) of this section.

(7) The barge, pontoons, vessel or other means of flotation used:

(A) Are structurally sufficient to withstand the static and dynamic loads of the crane/derrick when operating at the crane/derrick's maximum rated capacity with all anticipated deck loads and ballasted compartments.

(B) Have a subdivided hull with one or more longitudinal watertight bulkheads for reducing the free surface effect.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1619.4. Overhead & Gantry Cranes.

Note • History

(a) Permanently installed overhead and gantry cranes. The requirements of General Industry Safety Orders, Article 92, apply to the following equipment when used in construction and permanently installed in a facility: overhead and gantry cranes, including semi-gantry, cantilever gantry, wall cranes, storage bridge cranes, and others having the same fundamental characteristics.

(b) Overhead and gantry cranes that are not permanently installed in a facility.

(1) This subsection applies to the following equipment when used in construction and not permanently installed in a facility: Overhead and gantry cranes, overhead/bridge cranes, Semi-gantry, cantilever gantry, wall cranes, storage bridge cranes, launching gantry cranes, and similar equipment having the same fundamental characteristics, irrespective of whether it travels on tracks, wheels, or other means.

(2) The following requirements apply to equipment identified in subsection (b)(1) of this section:

(A) All sections of this Article 15 apply except the following sections: Sections 1615.1, 1615.2, 1616.5(a) through 1616.5(c), 1619.1, 1619.2, and 1619.4.

(B) The requirements of General Industry Safety Orders, Article 92, Cranes (Except Boom-Type Mobile Cranes).

1. For equipment identified in subsection (b)(1) which was manufactured before July 7, 2011, the standards prescribed by General Industry Safety Orders, Section 4884 shall apply.

2. For equipment manufactured on or after July 7, 2011, the following sections of ASME B30.2-2005 shall apply: 2-1.3.1; 2-1.3.2; 2-1.4.1; 2-1.6; 2-1.7.2; 2-1.8.2; 2-1.9.1; 2-1.9.2; 2-1.11; 2-1.12.2; 2-1.13.7; 2-1.14.2; 2-1.14.3; 2-1.14.5; 2-1.15.; 2-2.2.2; 2-3.2.1.1. In addition, 2-3.5 applies, except in 2-3.5.1(b), “29 CFR 1910.147” is substituted for “ANSI Z244.1.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1619.5. Dedicated Pile Drivers.

Note • History

(a) The provisions of this Article 15 apply to dedicated pile drivers, except as specified in this section.

(b) Section 1615.2(d)(3) (Anti two-blocking device) does not apply.

(c) Section 1615.2(e)(4) (Load weighing and similar devices) applies only to dedicated pile drivers manufactured after July 7, 2011.

(d) In Section 1610.4, only Sections 1610.4(d) and (e) apply to dedicated pile drivers.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

Article 16. Railings

Note: For permanent guardrails see Section 3209 of the General Industry Safety Orders.

§1620. Design and Construction of Railings.

Note • History

Railings required by these Orders, except as otherwise provided, shall conform to the following standards:

(a) Railings shall be constructed of wood or in an equally substantial manner from other materials, and shall consist of the following:

(1) A top rail not less than 42 inches or more than 45 inches in height measured from the upper surface of the top rail to the floor, platform, runway or ramp.

(2) A mid-rail shall be halfway between the top rail and the floor, platform, runway or ramp when there is no wall or parapet wall at least 21 inches (53 cm) high.

(A) Screens, mesh, intermediate vertical members, solid panels or equivalent members, may be used in lieu of a mid-rail subject to the following:

1. Screens and mesh, when used, shall extend from the top rail to the floor, platform, runway or ramp and along the entire opening between top rail supports.

2. Intermediate vertical members (such as balusters), when used between posts, shall be installed such that there are no openings greater than 19 inches (48 cm) wide.

3. Other intermediate members (such as solid panels, or equivalent members) shall be installed such that there are no openings that are more than 19 inches (.5 m) wide.

(b) Wood railings.

(1) “Selected lumber” (see definitions), free from damage that affects its strength, shall be used for railings constructed of wood.

(2) Wood posts shall be not less than 2 inches by 4 inches in cross section, spaced at 8-foot or closer intervals.

(3) Wood top railings shall be smooth and of 2-inch by 4-inch or larger material. Double, 1-inch by 4-inch members may be used for this purpose, provided that one member is fastened in a flat position on top of the posts and the other fastened in an edge-up position to the inside of the posts and the side of the top member. Mid-rails shall be of at least 1-inch by 6-inch material.

(4) The rails shall be placed on that side of the post which will afford the greatest support and protection.

(c) All railings, including their connections and anchorage, shall be capable of withstanding without failure, a force of at least 200 pounds applied to the top rail within 2 inches of the top edge, in any outward or downward direction, at any point along the top edge.

(1) When the 200 pound test load is applied in a downward direction, the top edge of the guardrail shall not deflect to a height less than 39 inches above the walking/working level.

(d) Mid-rails, screens, mesh, intermediate vertical members, solid panels, and equivalent members shall be capable of withstanding, without failure, a force of at least 150 pounds (666 N) applied in any downward or outward direction at any point along the mid-rail, screen, mesh, or other intermediate member.

(e) Railings exposed to heavy stresses from employees trucking or handling materials shall be provided additional strength by the use of heavier stock, closer spacing of posts, bracing, or by other means.

(f) The ends of the rails shall not overhang the terminal posts, except where such overhang does not constitute a projection hazard.

(g) Railings shall be so surfaced as to prevent injury to an employee from punctures or lacerations, and to prevent snagging of clothing.

(h) Steel banding and plastic banding shall not be used as top rails or mid-rails.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (d) and renumbering of subsections (e)-(i) to subsections (d)-(h) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12). For prior history, see Register 76, No. 41.

2. Amendment of subsection (c) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

3. New subsection (i) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

4. Editorial correction reinstating inadvertently omitted subsection (e) (Register 98, No. 25).

5. Amendment of article heading, section heading and section filed 4-20-2007; operative 5-20-2007 (Register 2007, No. 16).

6. Editorial correction of subsection (c)(1) (Register 2007, No. 44).

§1621. Railings and Toeboards.

Note • History

(a) Unless otherwise protected, railings as set forth in Section 1620 shall be provided along all unprotected and open sides, edges and ends of all built-up scaffolds, runways, ramps, rolling scaffolds, elevated platforms, surfaces, wall openings, or other elevations 7 1/2 feet or more above the ground, floor, or level underneath.

Exceptions:

(1) Float and ladder jack scaffolds.

(2) Bricklayers' and masons' scaffolds used in accordance with Sections 1641(e) and 1644(a)(6).

(3) During demolition on the floor or surface being demolished.

(b) A standard toeboard shall be 4 inches (nominal) minimum in vertical height from its top edge to the level of the floor, platform, runway, or ramp. It shall be securely fastened in place and have not more than 1/4-inch clearance above floor level. It may be made of any substantial material, either solid, or with openings not over one inch in greatest dimension. Toeboards shall be provided on all open sides and ends of railed scaffolds at locations where persons are required to work or pass under the scaffold and at all interior floor, roof, and shaft openings.

Note: Except for structural steel crafts.

(c) Where material is piled to such height that a standard toeboard does not provide protection, paneling or screening from floor to intermediate rail or top rail shall be provided. Where such paneling or screening extend to the toprail, midrails may be omitted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (a) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

3. Amendment of subsection (a) filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 10).

4. Amendment of subsections (b) and (c) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

5. Change without regulatory effect amending subsection (a) filed 7-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 50).

6. Amendment of subsection (a) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

Article 17. Ramps, Runways, Stairwells, and Stairs

§1623. Wheelbarrow Runways.

Note • History

Ramps or runways over three feet high, used for wheelbarrows, shall be not less than two feet, six inches wide and secured at each end to prevent ramp from sliding. Platform planks shall be firmly cleated together.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering of Section 1625 filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Editorial Correction (Register 81, No. 12).

4. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

§1624. Runways for Foot Traffic.

Note • History

(a) Except as provided elsewhere, ramps or runways erected for the use of workmen shall be not less than 20 inches in width, and shall be secured and supported so as to avoid deflection and springing action.

(b) Securely fastened cleats or other means shall be used on inclined runways sloped two feet in 10 feet or more to improve the footing. Where cleats are used, they shall be eight inches or more in length and not more than 16 inches apart.

(c) When planks are used for raised walkways, runways, or sidewalks, they shall be secured against displacement. Planks shall be uniform in thickness and all exposed ends shall be provided with beveled cleats to prevent tripping.

Exception: The use of beveled cleats on scaffold platforms is not required.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering of Section 1626 filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Repealer and new subsection (c) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment of subsection (b) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

§1625. Powered Buggy Runways.

Note • History

Ramps or runways erected for the use of power-driven concrete buggies shall be capable of supporting at least four times the maximum load to be imposed. Curbs of four inch by four inch lumber, or a member of similar size made from laminated two inch by four inch members, shall be securely fastened on the runway edges. Such runways shall be at least five feet wide between the curbs and, where necessary, shall provide turn-outs sufficiently wider to permit safe meeting or passing of buggies.

Note: See Plate B-17, Appendix, for required slope of ramps; and Article 29, Section 1717 (a)(2) for design load requirements.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering of Section 1627 filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

§1626. Stairwells and Stairs.

Note • History

(a) General.

(1) Stairways shall be al least 24 inches in width and shall be equipped with stair rails, handrails, treads, and landings.

(2) Railings and toeboards meeting the requirements of Article 16 of these safety orders shall be installed around stairwells.

(b) The following requirements apply to all stairways as indicated:

(1) Temporary stairways that will not be a permanent part of the structure on which construction work is being performed shall be at least 24 inches in width. The stairway shall have landings at each floor, or level, of not less than 30 inches in the direction of travel and extend at least 24 inches in width at every 12 feet or less of vertical rise.

(2) Stairs shall be installed between 30o and 50o from horizontal.

(3) Riser height and tread depth shall be uniform within each flight of stairs, including any foundation structure used as one or more treads of the stairs. Variations in riser height or tread depth shall not be over 1/4-inch (0.6 cm) on any stairway.

(4) Where doors or gates open directly on a stairway, a platform shall be provided, and the swing of the door shall not reduce the effective width of the platform to less than 20 inches (51 cm).

(5) Unprotected sides and edges of stairway landings shall be provided with railings. Design criteria for railings are prescribed in Section 1620 of these safety orders.

(6) Metal pan landings and metal pan treads, when used, shall be secured in place before filling with concrete or other material.

(7) All parts of stairways shall be free of hazardous projections, such as protruding nails.

(8) Slippery conditions on a stairway shall be eliminated before the stairway is used to reach another level.

(1) Stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, shall be equipped with:

(A) At least one handrail; and

(B) A stair rail consisting of a top rail and mid-rail along each unprotected side or edge.

(2) Winding and spiral stairways shall be equipped with a handrail offset sufficiently to prevent walking on those portions of the stairways where the tread width is less than 6 inches (15 cm).

(3) The height of stair rails shall be not less than 34 inches nor more than 38 inches from the upper surface of the stair rail to the surface of the tread, in line with the face of the riser at the forward edge of the tread.

(4) Mid-rails shall be located at a height midway between the top edge of the stair rail and the stairway steps.

(A) Screens, mesh, or other material, when used in lieu of mid-rails, shall extend from the top rail to the stairway step, and along the entire opening between top rail supports.

(B) Other structural members, when used, shall be installed such that there are no openings in the stair rail that are more than 18 inches (46 cm) wide.

(5) Handrails and the top rails of stair rails shall be capable of withstanding, without failure, a force of at least 200 pounds (890 n) applied within 2 inches (5 cm) of the top edge, in any downward or outward direction, at any point along the top edge.

(6) The height of handrails shall be not less than 34 inches nor more than 38 inches from the upper surface of the handrail to the surface of the tread, in line with the face of the riser at the forward edge of the tread.

(7) When the top edge of a stair rail also serves as a handrail, the height of the top edge shall be not less than 34 inches nor more than 38 inches from the upper surface of the stair rail to the surface of the tread, in line with the face of the riser at the forward edge of the tread.

(8) Stair rails and handrails shall be so surfaced as to prevent injury to employees from punctures or lacerations, and to prevent snagging of clothing.

(9) Handrails shall provide an adequate handhold.

(10) The ends of stair rails, handrails and mid-rails shall be constructed so as not to constitute a projection hazard.

(11) Handrails that will not be a permanent part of the structure being built shall have a minimum clearance of 3 inches (8 cm) between the handrail and walls, stair rails, and other objects.

(d) Temporary Service. The following requirements apply to all stairways as indicated:

(1) Except during stairway construction, foot traffic is prohibited on stairways with pan stairs where the treads and/or landings are to be filled in with concrete or other material at a later date, unless the stairs are temporarily fitted with wood or other solid material at least to the top edge of each pan.

(2) Except during stairway construction, foot traffic is prohibited on skeleton metal stairs where permanent treads and/or landings are to be installed at a later date, unless the stairs are fitted with secured temporary treads and landings long enough to cover the entire tread and/or landing area.

(3) Treads for temporary service shall be made of wood or other solid material, shall cover the full width and depth of the stair and shall be supported to prevent undue deflection.

(4) Temporary treads and landings shall be replaced when worn below the level of the top edge of the pan.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-11-72; effective thirtieth day thereafter; former Section 1626 renumbered Section 1624 (Register 72, No. 7).

2. Repealer of subsection (g) and new subsections (g) and (h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (c) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

4. Repealer and new subsections (f) and (g) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

5. Amendment of subsection (a) filed 4-3-2002; operative 5-3-2002 (Register 2002, No. 14).

6. Repealer and new section filed 4-20-2007; operative 5-20-2007 (Register 2007, No. 16).

Article 18. Access and Egress

§1629. Stairways and Ladders.

Note • History

(a) General.

(1) In all buildings or structures 2 or more stories or 24 feet or more in height or depth, suitable permanent or temporary stairways shall be installed as required in Section 1629(b).

Exception: At those locations where unusual site conditions prevail, an alternate effective means of access acceptable to the Division may be afforded.

(2) For the purpose of this Section, scaffolds shall not be considered to be structures.

(3) Stairways, ramps or ladders shall be provided at all points where a break in elevation of 18 inches or more occurs in a frequently traveled passageway, entry or exit.

(4) A minimum of 1 stairway shall be provided for access and exit for buildings and structures to 3 stories or 36 feet; if more than 3 stories or 36 feet, 2 or more stairways shall be provided.

(A) When a building or structure has only one stairway between levels, that stairway shall be kept clear to permit free passage of employees.

(B) Where two or more stairways are provided and work is being performed in the stairways, at least one stairway shall be maintained clear for access between levels at all times.

Note: For stairway access at demolition projects, refer to Article 31 of these safety orders.

Exception for subsection (a)(4):

1. At those locations where unusual site conditions prevail, an alternate effective means of access acceptable to the Division may be afforded.

(5) Stairways shall conform to the criteria shown in Plate B-17, Appendix and Article 17 of these safety orders.

(6) Spiral stairways that are not part of the permanent structure shall not be used.

(7) Sufficient illumination on all stairways, providing at least five (5) foot-candles of light on the steps, shall be maintained. All lamps providing stairway illumination shall be substantially guarded either physically or by location.

(b) Buildings.

(1) Wood Frame Buildings.

(A) The stairway to a second or higher floor shall be completed before studs are raised to support the next higher floor.

(B) Cleats shall not be nailed to studs to provide access to and egress from roof or other work areas.

(2) Steel Frame Buildings. Stairways shall extend to the uppermost floor that has been planked or decked. Ladders may be used above that point.

(3) Reinforced Concrete or Composite Steel--Concrete Buildings. Stairways shall extend to the lowermost floor upon which a complete vertical shoring system is in place. A minimum of two ladders at different locations for each floor may be used above this floor but not to exceed three floors.

(4) Roof and attic work areas of all buildings shall be provided with a safe means of access and egress, such as stairways, ramps or ladders that conform to the provisions of Article 25 of these safety orders.

(1) Single cleat ladders shall not exceed 30 feet in length.

(2) Where ladders are allowed as primary access or exit as in (b) above from a working area for 25 or more employees, or simultaneous two-way traffic is expected, double cleat ladders shall be installed. Double cleat ladders shall not exceed 24 feet in length.

(3) Side rails of all ladders shall extend at least 3 feet above the landing or level they serve.

(4) Ladders and their use shall also conform to Article 25 of these Safety Orders.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Repealer and new section filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (c)(2) filed 10-14-75 as procedural and organizational; effective upon filing (Register 75, No. 42).

4. Amendment of subsection (b) filed 3-19-79; effective thirtieth day after filing (Register 79, No. 12).

5. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

6. New subsection (a)(6) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

7. Amendment of subsection (c)(2) filed 3-26-2001; operative 4-25-2001 (Register 2001, No. 13).

8. Amendment filed 4-20-2007; operative 5-20-2007 (Register 2007, No. 16).

§1630. Elevators for Hoisting Workers.

Note • History

(a) In addition to the stairways required in Section 1629, a construction passenger elevator for hoisting workers shall be installed and in operation on or in any building, or structure, 60 feet or more in height above or 48 feet in depth below ground level. The building or structure height shall be determined by measuring from ground level to the highest structural level including the parapet walls, mechanical rooms, stair towers and elevator penthouse structures but excluding antennas, smokestacks, flag poles and other similar attachments.

The building or structure depth shall be determined by measuring from ground level to the lowest floor level excluding local depression such as sumps and elevator pits.

Ground level, for the purposes of this section, is defined as the level of the primary construction entrance to the building or structure.

When computing the height, the depth shall not be considered; and when computing the depth of the building or structure, the height shall not be considered. If the height is at 60 feet or more above or at 48 feet or more below ground level, a construction elevator(s) shall be installed to serve both locations.

Exceptions: (1) Scaffolds and falsework.(2) At work locations where unusual site conditions or unusual structure configurations exist, alternate means of access in conformance with Section 1630(c) shall be permitted.
Note: For the purposes of this Section, unusual site conditions and structure configurations are considered to exist at those work locations where the installation of a construction passenger elevator is not feasible.

EXAMPLES:

Unusual site conditions or structure configurations are bridges, steel tank erection, dams, water towers, antennas, cooling towers, refinery towers, stacks, prefabricated parking structures, tower cranes, etc.

(b) Construction passenger elevators shall be installed, operated and maintained in compliance with Article 14 of the Construction Safety Orders.

(c) At unusual site conditions or structure configurations, the Division shall permit alternate means of access, consisting of one or more, but not limited to, the following:

(1) Use of personnel platforms designed, constructed, and operated as specified by Section 5004 of the General Industry Safety Orders, and only under the conditions permitted by the general requirements of that section.

(2) Use of suspended power-driven scaffolds where employees are protected by safety belts secured to independent safety lines by means of a descent control device acceptable to the Division.

(3) Use of appropriate vehicle-mounted elevating and rotating work platforms.

(4) Use of other means, such as inclined elevators, etc. acceptable to the Division, presented in written form and acceptance granted prior to use.

(d) Landings shall be provided for the passenger elevator on or in buildings or structures at the upper-most floor and at intervals not to exceed 3 floors or 36 feet.

Note: Other landing locations acceptable to the Division may be substituted where the design of the building or structure make the above impractical.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment of subsections (a) and (b) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of section title and subsection (a) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment of subsection (a) filed 3-27-79; effective thirtieth day thereafter (Register 79, No. 12).

5. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

6. Amendment of subsection (a) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).

7. Amendment of subsection (c) filed 9-5-79 as procedural and organizational; effective upon filing (Register 79, No. 36).

8. Repealer and new section filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).

9. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

10. Amendment of subsection (c)(1) filed 12-22-97; operative 1-21-98 (Register 97, No. 52).

§1631. Ladders. [Repealed]

History

HISTORY

1. Amendment filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Repealer filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

Article 19. Floor, Roof, and Wall Openings

§1632. Floor, Roof, and Wall Openings to Be Guarded.

Note • History

(a) This section shall apply to temporary or emergency conditions where there is danger of employees or materials falling through floor, roof, or wall openings, or from stairways or runways.

(b)(1) Floor, roof and skylight openings shall be guarded by either temporary railings and toeboards or by covers.

Note: Requirements for guarding existing skylights are found in Section 3212(e) of the General Industry Safety Orders.

(2) Temporary railing and toeboards shall meet the requirements of Sections 1620 and 1621. The railing shall be provided on all exposed sides, except at entrances to stairways.

(3) Covers shall be capable of safely supporting the greater of 400 pounds or twice the weight of the employees, equipment and materials that may be imposed on any one square foot area of the cover at any time. Covers shall be secured in place to prevent accidental removal or displacement, and shall bear a pressure sensitized, painted, or stenciled sign with legible letters not less than one inch high, stating: “Opening--Do Not Remove.” Markings of chalk or keel shall not be used.

(c) Ladderway floor openings or platforms shall be guarded by standard railings with standard toeboards on all exposed sides, except at entrance to opening, with the passage through the railing either provided with a swinging gate or so offset that a person cannot walk directly into the opening.

(d) Hatchways and chute floor openings shall be guarded by one of the following:

(1) Hinged covers of standard strength and construction and a standard railing with only one exposed side. When the opening is not in use, the cover shall be closed or the exposed side shall be guarded at both top and intermediate positions by removable standard railings.

(2) A removable standard railing with toeboard on not more than two sides of the opening and fixed standard railings with toeboards on all other exposed sides. The removable railing shall be kept in place when the opening is not in use and should preferably be hinged or otherwise mounted so as to be conveniently replaceable.

(e) Pits and trap-door floor openings shall be guarded by floor opening covers of standard strength and construction. While the cover is not in place the pit or trap openings shall be protected on all exposed sides by movable standard railings.

(f) Manhole floor openings shall be guarded by standard covers which need not be hinged in place. While the cover is not in place, the manhole opening shall be protected by standard railings.

(g) Temporary floor openings shall have standard railings.

(h) Floor holes, into which persons can accidentally walk, shall be guarded by either a standard railing with standard toeboard on all exposed sides, or a floor hole cover of standard strength and construction that is secured against accidental displacement. While the cover is not in place, the floor hole shall be protected by standard railing.

(i) Where doors or gates open directly on a stairway, a platform shall be provided and the swing of the door shall not reduce the effective width of the platform to less than 20 inches.

(j) Wall openings, from which there is a drop of more than 4 feet, and the bottom of the opening is less than 3 feet above the working surface, shall be guarded as follows:

(1) When the height and placement of the opening in relation to the working surface is such that either a standard rail or intermediate rail will effectively reduce the danger of falling, one or both shall be provided;

(2) The bottom of a wall opening, which is less than 4 inches above the working surface, regardless of width, shall be protected by a standard toeboard or an enclosing screen either of solid construction or as specified in this section.

(k) An extension platform outside a wall opening onto which materials can be hoisted for handling shall have side rails or equivalent guards of standard specifications. One side of an extension platform may have removable railings in order to facilitate handling materials.

(l) When a chute is attached to an opening, the provisions of this section shall apply, except that a toeboard is not required.

(m) Wall opening protection shall meet the following requirements:

(1) Barriers shall be of such construction and mounting that, when in place at the opening, the barrier is capable of withstanding a load of at least 200 pounds applied in any direction (except upward).

(2) Screens shall be of such construction and mounting that they are capable of withstanding a load of at least 200 pounds applied horizontally at any point on the near side of the screen. They may be of solid construction, of grill work with openings not more than 8 inches long, or of slat work with openings not more than 4 inches wide with length unrestricted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (d)-(h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment of subsection (a) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

4. Amendment of subsection (b) and repealer of subsection (e) and subsection relettering filed 5-2-96; operative 6-1-96 (Register 96, No. 18).

5. Amendment of subsection (b) filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

6. Redesignation and amendment of subsection (b) as subsections (b)(1) and (b)(3) and new subsection (b)(2) filed 7-7-2004; operative 8-6-2004 (Register 2004, No. 28).

§1633. Elevator Shafts to Be Guarded.

Note • History

(a) All elevator shafts in which cages are not installed and which are not enclosed with solid partitions and doors shall be guarded on all open sides by standard railings and toeboards.

(b) Overhead protection shall be provided at all times when persons are employed in the shaft and other workmen area above them.

(c) In a shaft, if one elevator is put into service before the others are completed, such elevator(s) in use shall be separated from the other elevators by a continuous partition of solid material, or a wire screen with mesh not larger than 2 inches.

(d) Temporary platforms, such as false cars, shall cover approximately the full area of the shaft. Standard railings shall be provided when opening between platform and structure exceeds 16 inches.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (d) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

2. Editorial correction of printing error in subsection (i) (Register 86, No. 45).

Article 20. Temporary Floors

§1635. Floors, Walls and Structural Steel Framed Buildings.

Note • History

(a) For multifloor buildings, other than structural steel framed buildings, the following shall apply:

(1) Every building shall have the joists, beams, or girders of floors below the floor or level where any work is being done, or about to be done, covered with flooring laid close together, or with other suitable material to protect workers engaged in such building from falling through joists or girders, and from falling substances, whereby life or safety is endangered.

(2) Every building which is of reinforced concrete construction, with reinforced concrete floors, shall have the floor filled in, either with forms or concrete, on each floor before the commencement of work upon the walls of the second floor above or the commencement of work upon the floor of the next floor above.

(3) Every building having wooden floors other than a steel frame building shall have the underflooring, if double flooring is to be used, laid on each floor within the time prescribed above for reinforced concrete floors. Where single wooden floors are to be used, each floor shall be planked over within the time prescribed above for reinforced concrete floors.

(4) If a span of a floor on a building exceeds 13 feet, an intermediate beam shall be used to support the temporary flooring, but spans not to exceed 16 feet may be covered by three-inch planks without an intermediate beam. The intermediate beam shall be of a sufficient strength to sustain a live load of 50 pounds per square foot of the area supported.

(5) If building operations are suspended and the temporary flooring required by this article is removed, the building shall be replanked upon the resumption of work so that every worker at work has a covered floor not more than two stories below.

(6) Planked floors on buildings shall be tightly laid together of proper thickness, grade and span to carry the working load; such working load to be assumed as at least 25 pounds per square foot.

(7) Fall protection shall be required in accordance with Article 24.

(8) No person shall proceed with any work assigned to or undertaken or require or permit any other person to proceed with work assigned to or undertaken by either, unless the planking or nets required by this article are in place.

(b) For multifloor structural steel framed buildings more than two stories high, the following shall apply: These provisions shall apply to buildings erected in tiers or stories and shall not apply to steel framed buildings having large open spans or areas such as, mill buildings, gymnasiums, auditoriums, hangars, arenas, or stadiums.

(1) The derrick or working floor of every building shall be solidly decked over its entire surface except for access openings.

(2) There shall be a tight and substantial temporary floor within two floors below and directly under that portion of each tier of beams on which erection, riveting, bolting, welding or painting is being done. For operations of short duration of exposure to falling, fall protection shall be required as set forth in Article 24 and Section 1710.

(3) Temporary floors shall be wood planking of proper thickness, grade and span to carry the working load, but shall not be less than two inches thick, full size undressed.

(4) Provision shall be made to secure temporary flooring against displacement by strong winds or other forces.

(5) Planks shall extend a minimum of 12 inches beyond centerline of their supports at each end.

(6) Wire mesh or plywood (exterior grade) shall be used to cover openings adjacent to columns where planks or metal decking do not fit tightly. The materials used must be of sufficient strength as required by Section 1632(b) to provide fall protection for personnel and prevent objects from falling through.

(7) Metal decking where used in lieu of wood planking shall be of equivalent strength and shall be laid tightly and secured to prevent movement.

(8) Floor planks or metal decking that are temporarily removed for any reason whatsoever shall be replaced as soon as work requiring their removal is completed or the open area shall be properly guarded.

(9) Prior to removal of temporary floor planks or metal decking, employees shall be instructed by assigned supervision the steps to be taken to perform the work safely and in proper sequence.

(10) When gathering and stacking temporary floor plank on a lower floor, in preparation for transferring such plank for use on an upper working floor, the steel erector's personnel shall remove such plank successively, working toward the last panel of such floor, so that the work is always being done from the planked floor.

(11) When gathering and stacking temporary floor planks from the last panel, the steel erector's personnel assigned to such work shall be protected by a personal fall protection system used in accordance with Article 24 and Section 1710.

(12) The sequence of erection, bolting temporary guying, riveting and welding shall be such as to maintain the stability of the structural frame at all times during construction. This applies to the dead weight of the structure, plus weight and working reactions of all construction equipment placed thereon plus any external forces that may be applied.

(13) Where a building is being constructed in sections, each section constitutes a building.

(14) Personal fall protection and nets shall be required in accordance with Article 24 and Section 1710.

(15) No person shall proceed with any work unless the planking and metal decking, or nets required by this article are in place.

(c) Special Provisions Applicable to Floor Openings. Section 1632(b) applies to floor openings at locations where steel erection work is taking place. This subsection applies where work is in progress that requires floor openings to be uncovered. For such work, all of the following requirements shall apply:

(1) The floor or working level where such work is in progress shall be under the exclusive control of the steel erection employer and shall be barricaded to prohibit entry by unauthorized personnel.

(2) The floor area adjacent to the floor opening shall be barricaded or the floor opening shall be covered when not attended by steel erection personnel.

(3) All planking and other materials used to cover floor openings shall be capable of safely supporting the greater of 400 pounds or twice the weight of the employees, equipment and materials that may be imposed on any one square foot area of the cover at any time. The cover shall have not less than 12 inches of bearing on the surrounding structure.

(4) All floor opening covers shall bear a sign stating, “OPENING-DO NOT REMOVE”, in 2 inch high, black bold letters on a yellow background.

(5) The placement of covers shall be verified by a qualified person prior to each shift and following strong wind conditions.

(6) Workers shall be instructed and required to adhere to the following:

(A) Keep covers in place when not engaged in work requiring the opening to be uncovered, and

(B) Never remove a cover by walking forward or by stepping into an area where they cannot directly observe the surface their feet will touch.

(7) After work requiring floor openings to be uncovered has been completed and prior to allowing other trades in the work area, the guarding and covers for floor openings shall meet the provisions of Section 1632(b).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7101, 7102, 7103, 7104, 7105, 7107, 7108, 7109, 7251, 7252, 7253, 7254, 7255, 7256, 7257, 7258, 7259, 7261, 7262, 7263, 7264, 7265 and 7266, Labor Code.

HISTORY

1. Amendment filed 4-21-72 as procedural and organizational; effective upon filing (Register 72, No. 17).

2. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

3. Change without regulatory effect correctly numbering subsection (b)(2) filed 11-3-92; operative 12-3-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 45).

4. Amendment of subsection (b)(14) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

5. Amendment of subsections (a), (a)(7), (b)(2) and (b)(6) filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

6. Amendment of subsections (b)(6) and (b)(11) filed 7-3-2003; operative 8-2-2003 (Register 2003, No. 27).

7. Amendment of subsections (b)(2), (b)(8)-(9), (b)(11) and (b)(14)-(15), new subsections (c)-(c)(7) and amendment of Note filed 1-25-2006; operative 2-24-2006 (Register 2006, No. 4).

Article 21. Scaffolds--General Requirements

§1635.1. Permits. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 11-22-74 (Register 74, No. 48).

3. Certificate of Compliance refiled 11-28-74 (Register 74, No. 48).

4. Repealer and new section filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

5. Amendment of NOTE filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

6. Change without regulatory effect repealing section filed 10-29-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 44).

§1636. Periphery Railings on Buildings. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

§1637. General Requirements.

Note • History

(a) Scaffolds shall be provided for all work that cannot be done safely by employees standing on permanent or solid construction at least 20 inches wide, except where such work can be safely done from ladders.

Exceptions:

1. Work of a limited nature and of short duration when the permanent or solid construction is less than 20 inches in width and the fall distance does not exceed 15 feet in height and provided adequate risk control is recognized and maintained under competent supervision.

2. Work of a short duration from joists or similar members at 2 feet or closer centers, planks resting on these members forming a plank platform 12 inches wide or equivalent protection.

(b) Scaffold Design and Construction.

(1) Scaffolds shall be constructed of wood or other suitable materials such as steel or aluminum members of known strength characteristics. Where materials other than wood are used, or where scaffold designs differ from those specified in these Orders, the scaffold and its parts must provide a degree of strength, rigidity and safety equivalent to that provided by the described scaffold it replaces.

(2) Each scaffold shall be designed and constructed using a dead load safety factor that will ensure the scaffold supports, without failure, its own weight and 4 times the maximum intended working (live) load applied or transmitted to it. Maximum intended working loads shall be as follows:

(A) Light-duty scaffolds: 25 pounds per square foot of work platform.

Exception: Light-duty interior scaffolds shall adhere to the loading requirements contained in Section 1640(c)(1).

(B) Medium-duty scaffolds: 50 pounds per square foot of work platform.

(D) Special-duty scaffolds: exceeding 75 pounds per square foot of work platform as determined by a qualified person or a Civil Engineer currently registered in the State of California and experienced in scaffold design.

(E) Engineered scaffolds: as determined by a Civil Engineer currently registered in the State of California and experienced in scaffold design.

(3) A scaffold shall not be subjected to loads greater than its maximum intended working load (see 1637(b)(2)).

(4) Manufactured scaffolds shall be used in accordance with the manufacturer's recommendations.

Exception: Where specific requirements that address riding on a rolling scaffold in Section 1646(i) and (j) may conflict with the manufacturer's recommendations, the provisions in Section 1646(i) and (j) take precedence.

(5) A qualified person shall determine the maximum intended working loads for scaffolds that are neither manufactured nor engineered.

(6) The maximum intended working load for each scaffold shall be posted at a conspicuous location at each jobsite or be provided to each supervisory employee who shall have it readily available at the jobsite.

(c) Anchorage and bracing shall be such that scaffolds and falsework will be prevented from swaying, tipping, or collapsing.

(d) Scaffold lumber, except for planks, used on suspended or ladder-jack scaffolds, shall be the equivalent of “selected lumber,” free from damage that affects its strength. (See definitions for lumber specifications.)

(e)(1) Extension planking of the finger type shall be made with at least 5 fingers on each side. These fingers shall be at least 1-inch by 2 1/8-inch selected straight-grained Douglas fir or material of equal strength. All metal fittings shall be adequate to maintain the structural qualities of the device.

(2) The length of the extended planking shall not exceed 12 feet 6 inches, and the actual mechanical overlap between the 2 halves shall be not less than 1/8 of the length of the extended planking. A substantial stop shall be provided to maintain this overlap.

(3) Not more than one employee shall be permitted at one time on any extension planking that is more than 3 feet in height.

(4) Extension planking shall not be used as a platform on ladder-jack, suspended, or other unstable scaffolds.

(f) This subsection provides minimum labeling, design and construction requirements for scaffold planking, such as solid sawn planks, manufactured platforms of wood (including laminated planks), metal planking, and planking manufactured from other materials.

(1) Except as specified in other Orders, all solid sawn planking shall be at least equivalent to 2-inch x 10-inch (nominal) lumber selected for scaffold grade plank as defined in Section 1504, Lumber--“Structural Plank.”

(2)(A) The maximum permissible spans for Douglas Fir and Southern Pine planking for 2 x 10-inch (nominal) or 2 x 9-inch (rough) planks shall be as shown in the following Table:

Working (Live) Load (psf) 25 50 75

Permissible Span (ft.) 10 8 7

(B) The maximum permissible spans allowed for other wood species of scaffold planking shall not exceed 10 feet and shall be determined by a licensed professional engineer.

(3)(A) All manufactured scaffold planking including, but not limited to, engineered wood products, laminated veneer lumber, metal, composite, plastic, or any other manufactured planks shall be capable of supporting, without failure, its own weight and 4 times the maximum intended working (live) load.

(B) Manufactured planks with spans in excess of 10 feet shall be labeled to indicate the maximum intended working (live) load.

(4) Prior to being placed in service, all laminated veneer lumber scaffold planks, manufactured after December 2, 2010 shall be labeled with the seal of an independent, nationally recognized, inspection agency approved by the International Accreditation Services (IAS) certifying compliance with ASTM D 5456-09a and ANSI/ASSE A10.8-2001, Section 5.2.10.

Note: ASTM D 5456-09a is the standard for the evaluation of structural composite lumber products. ANSI/ASSE A10.8-2001, Section 5.2.10. requires the inspection agency to certify that laminated veneer lumber scaffold planks are compliant with the design criteria in the ANSI/ASSE A10.8 standard.

(5) Prior to being placed into service, all solid sawn wood scaffold planks shall be certified by, or bear the grade stamp of, a grading agency approved by the American Lumber Standards Committee.

(6) All scaffold planks shall be visually inspected for defects before use each day.

(7) Defective or damaged scaffold planks shall not be used and shall be removed from service.

(g) Except as specified in other Orders, a scaffold plank shall not overhang its support by more than 18 inches, unless access to this overhanging portion is prevented by a guardrail, or other barrier, or unless the other plank end is securely anchored.

(h) Inspection of Lumber. All scaffold lumber shall be visually inspected for defects before and during use. Defective lumber shall not be used.

(i)(1) Nailing. All nailed joints in scaffolds and wooden falsework must contain enough properly placed nails of ample size to carry the loads they are intended to support.

(2) Nailed joints or connections shall not be used to support concrete hoppers with a capacity in excess of 1/2 cubic yard.

(3) Double-headed nails shall not be used for attaching railings or in other service where the projections might catch on the clothing of workers or create similar hazards.

(4) No nail smaller than 8-penny shall be used in the construction of scaffolding.

(5) All nails shall be driven full length or to the first head when double-headed nails are used.

(6) The minimum number of nails per connection shall be in accordance with the following table:

1” x 6” Material 1” x 8” Material 2” Material

Ledgers 4-8d 5-8d 2-16d

Ribbons 3-8d 3-8d

Braces 3-8d 3-8d 2-16d

Guardrails 2-8d 2-8d 2-16d

(7) Lubricated or wax-coated nails shall not be used in the construction of scaffolds, falsework, or other temporary installations.

(j) Prohibited Types of Scaffolds. Lean-to or jack scaffolds, shore scaffolds, nailed brackets, loose tile, loose brick, loose blocks, stilts, or other similar unstable objects shall not be used as working platforms, or for the support of such platforms. See Plate B-40, Appendix.

Exception: Bricklayer's “jump boards” no higher than 20 inches above the regular scaffold platform are acceptable for such service when supported by piers of carefully piled bricks or concrete blocks.

(k) Erection and Dismantling.

(1) The erection and dismantling of scaffolds or falsework shall be performed under the supervision and direction of a qualified person.

Note: In addition to persons meeting the requirements of “qualified persons” as defined in Section 1504, person(s) possessing a certification of competence in scaffold erection, dismantling and use issued by trade associations, State-approved apprenticeship or training programs or other similar training programs shall be considered a “qualified person(s).”

(2) Erection and dismantling of scaffolds shall be performed in accordance with good engineering practice. Where engineering design is required by these orders, the engineering drawings shall be made available at the job site during erection or upon request by the Division.

(3) All required ties to the structure shall be installed as soon as the scaffold has been completed to the tie-in area during erection.

(4) Ties shall only be removed during dismantling as the work progresses downward unless other methods are used to prevent the scaffold from falling over.

(5) No structural members shall be removed from scaffolds during dismantling operations below the level being dismantled.

(6) Where work platforms are proposed, guardrails shall be installed before other work not directly related to scaffold erection is permitted to begin.

(7) The requirements of Section 1637(k) (2) through (6), inclusive, may be temporarily suspended for short durations, provided adequate risk control is recognized and maintained under immediate, competent supervision.

(l) Removal of Braces. Scaffolds or falsework installations shall not be altered by removing uprights, braces, or supports unless other members providing equivalent strength are substituted.

(m) Loading. Scaffolds shall not be overloaded. Material shall not be allowed to accumulate to the extent that a scaffold is subjected to loading it is not designed to support.

(n) Access.

(1) A safe and unobstructed means of access, such as a walkway, stair, or ladder shall be provided to all scaffold platforms.

(2) Climbing ladders or stairways on scaffolds used for access and egress shall be affixed or built into the scaffold by proper design and engineering, and shall be so located that their use will not disturb the stability of the scaffold.

(A) Manufactured hook-on and attachable ladders shall be securely attached to the scaffold and:

1. Shall be specifically designed for the type of scaffold used;

2. Shall have a minimum rung length of 11-1/2 inches (29 cm); and

3. Shall have uniform spaced rungs with a maximum spacing between rungs of 16-3/4 inches.

(B) If a ladder is used as a means of access to the scaffold, it shall be securely attached and shall comply with Article 25 of the Construction Safety Orders.

(C) Permanent stairways shall comply with the applicable provisions of the General Industry Safety Orders. Prefabricated scaffold steps or stairs, manufactured on or before May 28, 2005, shall comply with the design, manufacture and installation requirements of either the American National Standard ANSI A10.8-1988, Scaffolding-Safety Requirements, or the ANSI/ASSE A10.8-2001, Safety Requirements for Scaffolding, which are hereby incorporated by reference. Prefabricated scaffold steps or stairs, manufactured after May 28, 2005, shall comply with the design, manufacture and installation requirements of ANSI/ASSE A10.8-2001, Safety Requirements for Scaffolding.

(D) Horizontal members of end frames may be designed and used as a climbing device provided that the steps are:

1. Reasonably parallel and level.

2. Arranged to form a continuous ladder as required in Section 1644(a)(8).

3. Provided with sufficient clearance to provide a good handhold and foot space.

(o) Sloped Platforms. Platforms shall not be sloped more than 2 feet vertically to 10 feet horizontally and shall be positively secured against slipping from supports.

(p) Slippery Conditions. No worker shall be permitted to work on a scaffold platform where slippery conditions exist unless such conditions are a necessary part of the work.

(q) Overhead Protection. Workers on scaffolds who are exposed to overhead hazards shall be provided with overhead protection or other means that will effectively eliminate the hazard.

(r) Bolted Connections. Bolts used in the construction of scaffolds shall be of a size and in sufficient numbers at each connection to develop the designed strength of the scaffold. (See Plate B-31, Appendix.)

(s) Hoisting of Materials. Where materials are line-hoisted onto a scaffold, a tag line shall be used where necessary to control the load.

(t) Platform Planks at Corners. When a scaffold materially changes its direction, the platform planks shall be laid to prevent tipping. The planks that meet the corner ledger at an angle shall be laid first, extending over the diagonally placed ledger far enough to have a good safe bearing, but not far enough to involve any danger from tipping. The planking running in the opposite direction at an angle shall be laid so as to extend over and rest on the first layer of planking.

(u) Work on or from scaffolds is prohibited during storms or high winds unless a qualified person has determined that it is safe for employees to be on the scaffold and those employees are protected by a personal fall arrest system, as defined in Section 1504 of these Orders, or wind screens. Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces imposed.

(v) Wood platforms shall not be covered with opaque finishes, except that platform edges may be covered or marked for identification. Platforms may be coated periodically with wood preservatives, fire-retardant finishes, and slip-resistant finishes; however, the coating may not obscure the top or bottom wood surfaces.

(w) Platforms, including, but not limited to, those consisting of solid sawn wood planks, engineered wood products, laminated veneer lumber, metal, composite, plastic, or any other manufactured planks, shall not deflect more than 1/60 of the span when loaded to the manufacturer's recommended maximum load.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsections (i) and (l) filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

4. Amendment of subsection (n)(2)(B) filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

5. New subsections (u) and (v) filed 4-6-2001; operative 5-6-2001 (Register 2001, No. 14).

6. New subsection (b), redesignation of former subsection (b) as new subsection (b)(1) and new subsections (b)(2)-(6) filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

7. New subsections (n)(2)(A)-(n)(2)(A)3., subsection relettering and amendment of newly designated subsections (n)(2)(C) and (n)(2)(D)2. filed 4-28-2005; operative 5-28-2005 (Register 2005, No. 17).

8. New subsection (b)(4) Exception filed 7-31-2009; operative 8-30-2009 (Register 2009, No. 31).

9. New subsection (f), amendment of subsection (f)(1), redesignation and amendment of subsection (f)(2) as subsection (f)(2)(A), new subsection (f)(2)(B), repealer of subsections (f)(3)-(4) and new subsections (f)(3)(A)-(f)(7) and (w) filed 11-2-2010; operative 12-2-2010 (Register 2010, No. 45).

Article 22. Scaffolds--Various Types

§1640. Light-Duty Wooden Pole Scaffolds.

Note • History

(a) Pole scaffolds to be used by carpenters, lathers, shinglers, painters, plasterers, sheet metal workers, or other trades not using heavy tools or storing heavy materials on the scaffolds, shall be constructed as follows:

(See Plate B-18, Appendix)

(b) Light-Duty Exterior Scaffolds.

(1) Uprights. For heights not to exceed 20 feet, the uprights shall be 2-inch by 4-inch lumber or heavier, spaced not more than 3 feet between uprights at right angles to the wall and not more than 10 feet center to center, parallel to the wall. The inside uprights may be omitted and ledgers attached to the permanent structure, provided that the method of attaching the ledgers to the permanent structure will make the connection as secure as though the ledger were nailed to the upright with 5 8-penny nails. The splices of uprights shall be made with square butt joints, and scabs of 1-inch by 4-inch or heavier material at least 48 inches long shall be nailed on 2 sides of each upright with 6 nails in each 1/2 of each scab. If the uprights of the scaffold rest on a surface that might cause slipping, a continuous sill or other means shall be provided to hold the uprights in place. When the scaffold is resting on earth or other such material, the uprights shall rest on and be secured to the equivalent of a 2-inch by 10-inch by 10-inch wooden base.

Note: 1 1/8-inch by 10-inch by 10-inch piece of exterior grade plywood may be used in lieu of the wooden base mentioned above.

(2) Ledgers and Ribbons. The platforms of the scaffold shall be supported by ledgers. For ledgers spanning not more than 3 feet between uprights, use 2 pieces of 1-inch by 6-inch board, 1 being on each side of the uprights and fastened securely at each point of support. Single 2-inch by 4-inch ledgers are not permitted. Vertical spacing of ribbons and ledgers shall not exceed 7 feet. The ribbons shall be 1-inch by 6-inch or heavier material, placed on the outer uprights, directly under, and in contact with, the ledgers. The ribbons shall be long enough to extend from upright to upright without splices.

Exceptions:

1. When metal ledgers are used or when ledgers are bolted or when a 45-degree angle brace is nailed to the uprights between double ledgers, and ledgers also nailed to this brace, the ribbon may be placed at other elevations such as guardrail height, but they cannot be eliminated from the scaffold.

2. Metal ledgers and ribbons that are part of a patented scaffold system may be used when installed in accordance with the manufacturer's instructions.

(3) Ties and Braces. The scaffold shall be securely tied to the building or structure by means of a double looped No. 12 iron wire, or single looped No. 10 iron wire or 1-inch by 4-inch boards with at least 2 nails at each connection or equivalent means. Ties shall connect to the inside uprights and shall not be more than 20 feet apart horizontally and vertically. The outside line of uprights shall contain sufficient diagonal bracing of 1-inch by 6-inch material in a vertical plane across the entire face of the scaffold in both directions to prevent swaying, tipping, or collapsing. (See Appendix Plate B-18).

Exception: Bracing of 2-inch by 4-inch material may be used provided that the bracing extends from ledger to next higher or lower ledger or from ledger to sill in the form of an ”X” in the end bays and in every third bay in between so that the “X” bracing also extends from the upper-most ledger to the sill, vertically, in each of these bays.

(4) Railing. Open sides and ends of intermediate working levels 7 1/2 feet or more above grade shall be guarded by a 2-inch by 4-inch top rail nailed to the uprights so that the top edge is between 42 inches and 45 inches above the platform. Midrails of at least 2-inch by 4-inch material are required at all work levels. The uppermost platform shall be protected by a top rail consisting of double 2-inch by 4-inch members. One member shall be fastened in a flat position on top of the uprights and the other member shall be fastened in an edge-up position to the inside of the uprights and at the side of the top member. A single 2-inch by 4-inch member having an allowable bending stress of at least 1,900 psi may be used as a top rail.

(5) Platforms.

(A) Platform planks shall be of 2-inch by 10-inch or larger material and of such length that they overlap the ledgers at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank. The working platform shall cover the entire space between scaffold uprights, except for the open area under the backrailing, which shall not be more than 8 inches wide. Platforms shall be at least 20 inches wide and within 14 inches of the structure wall. When moving platforms to the next level, the old platform shall be left undisturbed until the new ledgers have been set in place ready to receive the platform planks.

Exception: A single 2-inch by 10-inch plank may be used for light trades work up to a height of 4 feet.

(B) Working platforms for light-trades work may be made of 3/4-inch Douglas fir plywood instead of 2-inch plank if the platform is at least 2 feet wide, nailed in place and supported on cross members at 4-foot or closer intervals along its length.

(1) Loading. For scaffolds of the following design, the imposed load on the platform area shall not apply more than 1,500 pounds to any 1 ledger or a single upright, and the total load on the whole platform area shall not average more than 15 pounds per square foot.

(2) Uprights.

(A) For heights not to exceed 20 feet the uprights shall be 2-inch by 4-inch lumber, or heavier. For heights between 20 feet and 60 feet, the uprights shall be 3-inch by 4-inch lumber, or heavier, except for the top 20 feet which may be 2-inch by 4-inch material. The horizontal distance between uprights shall not exceed 10 feet measured either parallel or at right angles to the direction of the platform planks.

(B) If uprights are spliced, the joints must conform to that described in subsection 1640(b)(1), and they shall be located near a point where ribbons are attached or where equivalent lateral support is provided. Pairs of horizontal ribbons at right angles to one another are required at vertical intervals of 7 feet, or less.

(3) Ledgers and Ribbons. The platform of the scaffold shall be supported by ledgers made of one piece of 2-inch by 10-inch or heavier material, placed with the edge upward. The ribbons shall be 1-inch by 6-inch or heavier material, placed on all uprights directly under and in contact with the ledgers. Additional horizontal ribbons, in pairs at right angles to one another, shall be provided at lower levels in order to provide lateral support for all uprights at vertical intervals not greater than 7 feet.

(4) Diagonal Braces. Each line of uprights shall contain sufficient diagonal bracing of 1-inch by 6-inch material in vertical planes, lengthwise and crosswise, to prevent swaying, tipping, or collapsing. If the scaffold extends to and bears against the walls of the building, the horizontal ribbons and ledgers may provide adequate support without diagonal braces, but provision must always be made for adequate lateral stability.

(5) Platforms.

(A) The platform shall consist of 2-inch by 10-inch or larger planks laid closely together. There shall be no other openings in the platform except those necessary for the passage of employees and material. Unless nailed in place, planks shall be of such length that they overlap the ledgers at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank.

(B) Working platforms shall cover the entire space between scaffold uprights, except for the open area under the backrailing which shall not be more than 8 inches.

(D) Douglas fir plywood that is 3/4 inch thick, or thicker, may be used for platforms if the panels are 4 feet wide, or wider, and are supported on ledgers or crossmembers at 4-foot or closer intervals.

(6) Railings. Open sides of working levels 7 1/2 feet or more above grade shall be provided with top rails and midrails as specified in Subsection 1640(b)(4). When scaffold platforms are erected in sections it is necessary for workers to travel between these sections, such sections shall be provided with connecting runways equipped with railings as described in Section 1620.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (f)(2)(B) (Register 70, No. 48).

2. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

5. Amendment of section heading and subsection (b), redesignation and amendment of former subsection (b)(5)(C) as new subsection (c) and amendment of newly designated subsection (c)(1) filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

§1641. Heavy-Trade Wooden Pole Scaffolds.

Note • History

(a) Pole scaffolds to be used by bricklayers, stonemasons, concrete workers, or other trades using heavy tools or storing heavy material on the scaffold shall be constructed as follows:

(See Plate B-19, Appendix):

(b) When buggies are used on scaffolds to transport concrete, a strong scaffold shall be designed that is capable of supporting a concentrated load equal to the weight of a loaded buggy at any point on girders, beams, or planking.

(c) Uprights. For heights not to exceed 20 feet, the uprights shall be of 4-inch by 4-inch lumber or heavier material, with a space of 4 feet between uprights at right angle to the wall and not more than 7 feet, center to center, parallel to the wall. The splices of 4-inch by 4-inch uprights shall be made with square butt joints, and scabs of 2-inch by 4-inch material at least 48 inches long shall be nailed in place on 2 sides with 6 nails in each 1/2 of each scab. Uprights laminated from 2-inch by 4-inch material are acceptable if the joints of each lamination are staggered, and either reinforced by scabs or so arranged that they occur at or near ribbon attachment points. If the uprights rest on a surface that might cause slipping, a continuous sill or other means shall be provided to hold the uprights in place. When the scaffold is resting on earth or other such material, the uprights shall rest on and be secured to the equivalent of a 2-inch by 10-inch by 10-inch wooden base.

Note: A 1 1/8-inch by 10-inch by 10-inch piece of exterior grade plywood may be used in lieu of the wooden base mentioned above.

(d) Ledgers and Ribbons.

(1) The platform shall be supported by ledgers and ribbons, nailed or bolted to the uprights. For ledgers spanning not more than 4 feet between uprights, use either 1 piece of 2-inch by 6-inch lumber securely fastened at each point of support or 2 pieces of 1-inch by 6-inch board, 1 being on each side of the uprights and fastened securely at each point of support.

(2) Ribbons shall be 1-inch by 6-inch or heavier material securely fastened to both inside and outside uprights directly under and in contact with the ledgers. Vertical spacing of ribbons and ledgers shall not exceed 7 feet. Ribbons shall be long enough to extend from upright to upright without splices.

(e) Railing. Open sides and ends of working levels 7 1/2 feet or more above grade shall be provided with top rails and midrails as specified in subsection 1640(b)(4).

Exception: That side of bricklayers' and masons' scaffolds adjacent to the work under construction provided that the wall is higher than the adjacent work platform.

(f) Ties and Braces.

(1) The scaffold shall be rigidly tied to the building or structure by means of a double looped No. 12 iron wire, or single looped No. 10 iron wire or equivalent or stronger material used in combination with spacer blocks between inside uprights and the structure. Ties shall connect to the inside uprights, and they shall be not more than 15 feet apart vertically or horizontally.

(2) The entire scaffold shall be rigidly braced with 1-inch by 6-inch boards, and every part thereof so secured as to prevent swaying, tipping, or collapsing. The diagonal bracing shall extend in both directions across the entire outside vertical face. (See Appendix Plate B-19.)

(g) Platforms.

(1) The platform shall be not more than 4 feet wide, constructed of planks at least 2 inches thick and 10 inches wide, laid closely together. Platform planks that are butt-ended (not overlapped) must be nailed to ledgers consisting of 2-inch by 6-inch or heavier material. If the planks are not nailed, they shall be of such length that they overlap the ledgers at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank. The working platform shall cover the entire space between scaffold uprights except for the open area under the backrailing, which shall not be more than 8 inches.

(2) Platforms shall extend within 14 inches of the finished face of the building, except those used primarily by bricklayers and stonemasons shall extend to within 7 inches of the finish face of the building on which the work is being performed.

(3) When moving platforms to the next level, the old platform shall be left undisturbed until the new ledgers have been set in place ready to receive the platform planks.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46.)

2. Amendment of subsections (a), (d), and (e) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment of subsection (c) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

4. Amendment of subsection (c) filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 10).

5. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

6. Editorial correction to insert subsection (a) indicator (Register 91, No. 23).

§1642. Schedules of Timber Scaffolds up to 60 Feet in Height.

Note • History

(Listed lumber sizes are those required for the specified spans; other sizes may be used for different spans, if equivalent strength is provided.)

Light Heavy

Interior Trades Trades

Uprights for scaffolds

not over 20'in height 2”x4” 2”x4” 4”x4”

Uprights for scaffolds 20'

to 60'in height 3”x4” 3”x4” 4”x6”

Ribbons directly under ledgers 1”x6” 1”x6” 1”x6”

Ledgers 2”x10” 2--1”x6” 2--1”x6”

or 1--2”x6”

Spacing uprights, transverse,

at right angles to platform planks 10' 3' in clear 4' in clear

Spacing uprights, longitudinal,

parallel to direction of platform

planks 10' 10' 7'

Spacing ribbons or ledgers,

vertical 7'0” max. 7'0” max. 7'0” max.

Splice pieces 48” long

(for uprights) 2--1”x4” or 2--1”x4” or 2--2”x4”

(2--2”x4”) (2--2”x4”)

Braces 1”x6” 1”x6” 1”x6”

Railing 2”x4” 2”x4” 2”x4”

Toeboard 1”x4” 1”x4” 1”x4”

Width of platform 10' 3' max. 4' max.

Planking 2” thick and at least 10” wide

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

§1643. Scaffolds over 60 Feet in Height.

Note • History

All wooden pole scaffolds over 60 feet in height shall be designed by a Civil Engineer currently registered in California and constructed and erected in accordance with such design.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. New Note filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1644. Metal Scaffolds.

Note • History

(a) General.

(1) Metal scaffolds shall be designed to support all dead, live, and wind loads to which they will be subjected.

(2) No metal scaffold equipment that is broken or deteriorated to the extent that its section is structurally weakened shall be used.

(3) All stationary scaffold legs, including those of outriggers, shall rest upon base plates available from the manufacturer for this service. Each base plate shall have support adequate to sustain the load and prevent horizontal movement. When the scaffold or outrigger is resting on earth or soft material, the base plate shall rest on and be secured to the equivalent of a 2-inch by 10-inch by 10-inch wooden base.

Note: A 1 1/8-inch by 10-inch by 10-inch piece of exterior grade plywood may be used in lieu of the wooden base mentioned above.

(4) Platform planks shall not be placed on guardrails to obtain greater height.

(5) Metal scaffolds shall be securely tied to the building or structure by means of a double looped No. 12 iron wire, or single looped No. 10 iron wire or equivalent at intervals not to exceed 30 feet horizontally and subject to the following:

(A) Ties shall be required at the free ends of the scaffold when the height of the scaffold platform exceeds 3 times the least base dimension. The remaining ties of the first row shall be required when the height of the scaffold platform is four times the least base dimensions.

(B) Ties for subsequent levels shall be installed at 26-foot intervals vertically, with the last tie no further from the top than four times the least base dimension.

(D) Wind Loading. When scaffolds are partially or fully enclosed, specific precautions shall be taken to assure the frequency and adequacy of ties attaching the scaffolding to the building.

(6) Securely attached railings as provided by the scaffold manufacturer, or other material equivalent in strength to the standard 2- by 4-inch wood railing made from “selected lumber” (see definition), shall be installed on open sides and ends of work platforms 7 1/2 feet or more above grade. The top rail shall be located at a height of not less than 42 inches nor more than 45 inches measured from the upper surface of the top rail to the platform level. A midrail shall be provided approximately halfway between the top rail and the platform.

Note: Toeboards or side screens may also be required. (See Section 1621.)

(A) “X” bracing is acceptable as a toprail if the intersection of the “X” occurs at 45 inches (plus or minus 3 inches) above the work platform, provided a horizontal rail is installed as a midrail between 19 and 25 inches above the work platform. The maximum vertical distance between the “X” brace members at the uprights shall not exceed 48 inches.

(B) “X” bracing is acceptable as a midrail if the intersection of the “X” falls between 20 inches and 30 inches above the work platform.

Exceptions:

(1) Railings are not required on that side of bricklayers' and masons' scaffold adjacent to the work under construction provided the wall is higher than the adjacent work platform.

(2) For end rail openings less than 3 feet, double wrapped iron wire at least No. 12 gauge in thickness, or wire rope at least 1/4 inch minimum diameter is permitted, provided the wire or wire rope is securely fastened.

(7) Platform planks shall be of 2-inch by 10-inch or wider material and of such length that they overlap the ledgers at each end by at least 6 inches.

A plank shall not overlap an unsupported end of another plank.

The working platform shall cover the entire space between scaffold uprights, except for the open area under the back railing. Such open area shall not exceed 10 inches in width.

The inboard edge of the work platform shall be no more than 16 inches from the building or structure wall except for those scaffolds used by bricklayers and stonemasons the platforms of which shall extend to within 7 inches of the finish face of the building or structure on which the work is being performed.

(8) All ladders used for access shall conform to ladders, Article 25. When only a part of the width of the metal scaffold frame conforms to ladder spacing, then these frames must be erected in a manner that makes a continuous ladder bottom to top, with ladder sides of the frames in a vertical line.

(b) Tube and Coupler Scaffolds.

(1) A light duty tube and coupler scaffold shall have all posts, ledgers, ribbons and bracing of nominal 2-inch O. D. steel tubing. The posts shall be spaced no more than 6 feet apart by 10 feet along the length of the scaffold. Other structural metals when used must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(2) A medium duty tube and coupler scaffold shall have all posts, ribbons and bracing of nominal 2-inch O. D. steel tubing. Posts spaced not more than 6 feet apart by 8 feet along the length of the scaffold shall have ledgers of nominal 2 1/2-inch O. D. steel tubing. Posts spaced not more than 5 feet apart by 8 feet along the length of the scaffold shall have ledgers of nominal 2-inch O. D. steel tubing. Other structural metals, when used, must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(3) A heavy duty tube and coupler scaffold shall have posts, ribbons, and bracing of nominal 2-inch O. D. steel tubing, with the posts spaced not more than 6 feet by 6 feet 6 inches. Other structural metals, when used, must be designed to carry an equivalent load. No dissimilar metals shall be used together.

(4) Tube and coupler scaffolds shall be limited in heights and working levels to those permitted in Tables 1, 2, and 3. Drawings and specifications of all tube and coupler scaffolds above the limitations in Tables 1, 2, and 3 shall be designed by a Civil Engineer currently registered in the State of California.

(5) All tube and coupler scaffolds shall be constructed and erected to support 4 times the maximum intended loads as set forth in Tables 1, 2, and 3, or as set forth in the specifications by a Civil Engineer currently registered in California.

Table 1

Embedded Graphic 08.0213

Table 2

Embedded Graphic 08.0214

Table 3

Embedded Graphic 08.0215

(6) Posts shall be accurately spaced, erected on suitable bases, and maintained plumb.

(7) Ribbons shall be erected along the length of the scaffold, located on both the inside and the outside posts at even height. Ribbons shall be interlocked to the inside and the outside posts at even heights. Ribbons shall be interlocked to form continuous lengths and coupled to each post. The bottom ribbons shall be located as close to the base as possible. Ribbons shall be placed not more than 6 feet 6 inches on centers.

(8) Ledgers shall be installed transversely between posts and shall be securely coupled to the posts bearing on the ribbon coupler. When coupled directly to the ribbons, the coupler must be kept as close to the posts as possible.

(9) Ledgers shall be at least 4 inches but not more than 12 inches longer than the post spacing or ribbon spacing.

(10) Cross bracing shall be installed across the width of the scaffold at least every third set of posts horizontally and every fourth ribbon vertically. Such bracing shall extend diagonally from the inner and outer ribbons upward to the next outer and inner ribbons.

(11) Longitudinal diagonal bracing on the inner and outer rows of poles shall be installed at approximately a 45 degree angle from near the base of the first outer post upward to the extreme top of the scaffold. Where the longitudinal length of the scaffold permits, such bracing shall be duplicated beginning at every fifth post. In a similar manner, longitudinal diagonal bracing shall also be installed from the last post extending back and upward toward the first post. Where conditions preclude the attachment of this bracing to the posts, it may be attached to the ribbons.

(1) Metal tubular frame scaffolds, including accessories such as braces, brackets, trusses, screw legs, ladders, etc., shall be designed, constructed, and erected to safely support four times the maximum rated load. The scaffold manufacturer's erection instructions shall be followed on all installations.

(2) Spacing of panels or frames shall be consistent with the loads imposed.

(3) Panels or frames shall be braced by horizontal bracing, cross bracing, diagonal bracing or any combination thereof for securing vertical members together laterally, and the cross braces shall be of such length as will automatically square and align vertical members so that the erected scaffold is always plumb, square, and rigid. All brace connections shall be made secure.

(4) Panel or frame legs shall be set on adjustable bases or plain bases placed on mud sills or other foundations adequate to support the maximum anticipated load.

(5) Panels or frames shall be placed one on top of the other with coupling or stacking pins to provide proper vertical alignment of the legs.

Note: Where an intervening ledge prevents the vertical stacking of legs, the ledge may be used as a base provided that an equally safe installation is obtained.

(6) Where uplift may occur, panels shall be locked together vertically by pins or other equivalent suitable means.

(7) Drawings and specifications for all frame scaffolds over 125 feet in height above the base plates shall be designed by a Civil Engineer currently registered in California.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (a)(6) filed 8-3-76 as an emergency; effective upon filing (Register 76, No. 32).

3. Certificate of Compliance filed 10-8-76 (Register 76, No. 41).

4. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

5. Amendment of subsection (a)(5) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

6. Amendment of subsections (a)(4) and (a)(5) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

7. Amendment of subsection (a)(7) filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).

8. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

9. Amendment of subsection (a)(6) Exceptions filed 10-28-98; operative 11-27-98 (Register 98, No. 44).

10. Amendment of subsection (a)(6)(B) filed 2-28-2006; operative 3-30-2006 (Register 2006, No. 9).

§1645. Outrigger and Bracket Scaffolds.

Note • History

(a) Heavy Trades.

(1) Outrigger beams of outrigger scaffolds for use by bricklayers, stonemasons, or other heavy trades shall be made of “selected lumber,” or better. Those of the following sizes shall not project more than 6 feet beyond the outer support; shall be securely anchored and braced to prevent tipping or turning; and shall be spaced at centers of 7 feet 6 inches, or closer.

The inboard end of outrigger beams, measured from the fulcrum point to anchorage point, shall not be less than 1 1/2 times the outboard end in length. The fulcrum point of the beam shall rest on a secure bearing at least 6 inches square.

(2) On continuous scaffolds, where the beams may receive load from work platforms on each side, such beams shall not be less than 3 inches by 16 inches in cross section. For single scaffolds, consisting of a platform between 2 beams, the outrigger beams may have a smaller cross section, but not less than 3 inches by 12 inches. The platforms shall consist of planks, at least 2 inches by 10 inches, covering the full width of the projection. Planking shall be nailed or bolted or otherwise secured to outriggers.

The ends of the planks shall not project more than 18 inches beyond the outrigger, and not less than 6 inches, unless they are nailed in place. Every outrigger scaffold 7 1/2 feet or more in height shall be provided with a railing and toeboard. The top rail shall consist of double 2-inch by 4-inch members. One member shall be fastened in a flat position on top of the posts and the other member shall be fastened in an edge-up position to the inside of the posts and at the side of the top rail.

Additional protection in the form of screen enclosing the opening between rail and toeboard shall be provided if material on the scaffold is piled higher than the toeboard.

(3) Where additional working levels are required to be supported by the outrigger method, the plans and specifications of the outrigger and scaffolding structure shall be prepared by a Civil Engineer currently registered in California.

(b) Figure Four or Light Outrigger Scaffolds. (See Plate B-22, Appendix.) Figure Four or light outrigger frames shall be spaced not more than 10 feet apart, and shall be constructed as follows from sound lumber:

The outrigger ledger shall consist of 2 pieces of 1-inch by 6-inch or heavier material nailed on opposite sides of the vertical and angle braces. Ledgers shall project not more than 3 feet 6 inches from the outside wall line and shall be substantially braced and secured to prevent tipping or turning. The knee or angle brace shall intersect the beam at least 3 feet from the wall at an angle of 45 degrees, and the lower end shall be nailed to a vertical brace near the point where it contacts the wall. The platform shall consist of 2 or more 2-inch by 10-inch planks, which shall be of such length that they extend at least 6 inches beyond ledgers at each end. Unsupported projecting ends of planks shall be limited to an overhang of 18 inches, or less.

Each wooden bracket shall be hooked over a well-secured and adequately strong supporting member.

Every Figure Four or light outrigger scaffold 7 1/2 feet or more in height shall be provided with a railing and toeboard. The top rail shall consist of double 2-inch by 4-inch members. One member shall be fastened in a flat position on top of the posts and the other member shall be fastened in an edge-up position to the inside of the posts and at the side of the top member.

(c) Stud Jacks. (See Plate B-40, Appendix.) Stud-jack scaffold supports shall have ledgers of at least 2-inch by 6-inch materials, or equal, not longer than 5 feet, and each jack shall attach to not less than 2 sound, adequately fastened, 2-inch by 4-inch wall studs of normal length. Stud-jack scaffolds shall not be used at elevations of 7 1/2 feet or higher above the ground, unless so designed that a substantial backrail may be easily attached.

(d) Bracket Scaffolds. The use of bracket scaffolds shall be permitted only when through-bolted to walls, with at least 5/8-inch diameter bolts; welded to steel tanks; secured with a metal stud attachment device; or, hooked over a well-secured and adequately strong supporting member.

Note: This Order does not prohibit the use of bracket scaffolds that are an integral part of movable form panels or similar construction. (See Plates B-20 and B-21, Appendix.)

All form scaffolds shall be designed and erected with a minimum safety factor of 4, computed on the basis of the maximum rated load; i.e., the total of all loads including the working load, the weight of the scaffold, and such other loads as may be reasonably anticipated.

(1) Spacing of brackets shall be such that they are not more than 10 feet apart horizontally.

(2) If brackets are secured to walers held by snap-tie or she-bolts, they must extend through both wall forms and be properly secured.

(3) Railings shall be installed on bracket scaffolds for all heights 7 1/2 feet or more above the ground.

(4) The platform shall consist of two or more 2-inch by 10-inch planks, laid closely together, and shall be of such length that they overlap the ledgers at each end by at least 6 inches. Unsupported projecting ends of planks shall be limited to an overhang of 18 inches or less.

(5) Wooden bracket form scaffolds shall be an integral part of the form panel and shall not be used to support loads exceeding 25 pounds per square foot, unless specifically designed for a heavier loading. Ledgers shall be made from 2-inch by 6-inch or heavier material and shall not project more than 3 feet 6 inches from the form panel. Uprights shall consist of 2-inch by 4-inch or heavier material. Scaffold planks shall be either nailed, wired or bolted to the ledgers. Planks shall overlap the ledgers at each end by at least 6 inches. Unsupported projecting ends of platform planks shall be limited to a maximum overhang of 18 inches. Ledgers shall not be spaced more than 8 feet on centers. (See Appendix Plate B-20.)

(6) Bracket scaffolds installed on metal tanks larger than 40 feet in diameter for the use of those engaged in tank erection operations, shall have platforms that are at least 30 inches wide, with the open ends and sides protected by a substantial railing, with midrail, which may be altered by the substitution of 3/8-inch wire rope for the top and middle rails. Platforms on 40-foot or smaller diameter tanks will be acceptable if not less than 24 inches in width, consisting normally of two 2-inch by 12-inch planks side by side, protected by railings as described above.

Note: For railing requirements, see Section 1620.

(e) Carpenters' Bracket Scaffolds.

(1) The brackets shall consist of a triangular wood frame not less than 2 x 3 inches in cross section, or of metal of equivalent strength. Each member shall be properly fitted and securely joined.

(2) Each bracket shall be attached to the structure by means of one of the following:

(A) A bolt, no less than 5/8-inch in diameter, which shall extend through to the inside of the building wall;

(B) A metal stud attachment device;

(D) Hooking over a well-secured and adequately strong supporting member.

(3) The brackets shall be spaced no more than 10 feet apart.

(4) No more than two employees shall occupy any given 10 feet of a bracket scaffold at any one time. Tools and materials shall not exceed 75 pounds in addition to the occupancy.

(5) The platform shall consist of not less than two 2- x 10-inch nominal size planks extending not more than 18 inches or less than 6 inches beyond each end support.

Note: For railings see Section 1620.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (b) (Register 70, No. 48).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1646. Tower Scaffolds and Rolling Scaffolds, Wood or Metal.

Note • History

(a) The minimum dimension of the base of any free-standing tower or rolling scaffold shall not be less than 1/3 the height of the scaffold unless such scaffold is securely guyed or tied. For restrictions when worker rides scaffold see paragraph (f) following.

(b) Construction and Erection.

(1) The uprights, ledgers, ribbons, braces, and splices shall be equivalent to the standards specified in other applicable Sections of these Orders. Railings are required if the platform is 7 1/2 feet or more above grade. Railings shall be installed in accordance with the provisions of Section 1644(a)(6).

Note: Toeboards or side screens may also be required. (See Section 1621.)

(2) The screw jack shall extend into its leg tube at least 1/3 its length, but in no case shall the exposed thread exceed 12 inches.

(3) The uprights (legs of rolling scaffolds) shall not exceed 24 inches without being braced according to the manufacturer's specifications.

(c) Wheels or casters of rolling scaffolds shall be provided with an effective locking device, and kept locked when workers are climbing or working on the scaffold. At least 2 of the 4 casters or wheels shall be a swivel type. All wheels or casters shall be properly designed for strength and dimension to support at least 4 times the maximum intended load.

(d) Joints of metal scaffolds shall be locked together with lock pins, bolts or equivalent fastening, including caster joints. Lock pins used must be of a locking type.

Exception: Screw jacks and guardrail posts.

(e) Platform planks on rolling or tower scaffolds shall not project farther than 18 inches past supports at the edges of the scaffold. An effective method of preventing platform planks on rolling scaffolds from slipping off must be provided. The nailing of cleats of 1-inch material on the underside of each projecting end, or other equivalent means, will be acceptable. Platforms shall be tightly planked for the full width of the scaffold except for any necessary entrance openings.

Note: Refer to Orders 1621 and 1637(f) for regulations on required plank and platform sizes.

(f) Ladders. Ladders or other unstable objects shall not be placed on top of rolling scaffolds to gain greater height.

(g) Scaffolds on Vehicles. When scaffolds are built on motor trucks or vehicles, they must be rigidly attached to the truck or vehicle. The attachment must be made in a manner that will develop the full strength of the scaffold in resisting an overturning force.

(h) Trucks or vehicles that have scaffolds attached to them shall have a device in use whenever employees are on the scaffold that prevents swaying or listing of the platforms.

(i) Riding. Employees may ride on rolling scaffold moved by others below if the following conditions exist:

(1) The floor or surface is within 3 degrees of level, and free from pits, holes, or obstructions;

(2) The minimum dimension of the scaffold base, when ready for rolling, is at least 1/2 of the height. Outriggers, if used, shall be installed on both sides of staging;

(3) The wheels are equipped with rubber or similar resilient tires. For towers 50 feet or over, metal wheels may be used;

(4) The manual force used to move the scaffold shall be applied as close to the base as practicable, but not more than 5 feet (1.5 meters) above the supporting surface of the scaffold;

(5) Before a scaffold is moved, each employee on the scaffold shall be made aware of the move; and,

(6) No employee shall be on any part of the scaffold which extends outward beyond the wheels, casters, or other supports.

(j) Riding on a Self-Propelled Scaffold. One employee may ride on and move a rolling scaffold while on the platform without assistance from others below provided the following conditions are met:

(1) All of the provisions in subsection (i) of this Section shall be met, except that the scaffold need not be moved by others below;

(2) The scaffold platform shall not be more than 4 feet above the floor level;

(3) The working platform shall be no less than 20 inches in width with a maximum 1 inch space between platform planks;

(4) Wheels or casters of rolling scaffolds shall be provided with an effective locking device that is used in accordance with subsection (c) of this section; or rolling scaffolds shall be provided with an effective device that is used to prevent movement of the scaffold when workers are climbing or working on the scaffold; and,

(5) The use of power systems such as motor vehicles, add-on motors, or battery powered equipment to propel a rolling scaffold is prohibited.

(k) Training. Employees who ride on rolling scaffolds and employees that assist in moving employees riding on a rolling scaffold shall be trained in accordance with the requirements of this Section and with the requirements of the Construction Safety Orders, Section 1509 to recognize the hazards associated with riding on a rolling scaffold.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (c) and (e) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (b)(1) filed 8-3-76 as an emergency; effective upon filing (Register 76, No. 32).

3. Certificate of Compliance filed 10-8-76 (Register 76, No. 41).

4. Amendment of subsection (b) filed 9-5-79 as procedural and organizational; effective upon filing (Register 79, No. 36).

5. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

6. Editorial correction of printing error in Note following subsection (b)(1) (Register 92, No. 24).

7. Relettering of former subsections (g)-(i) as subsections (f)-(h), relettering of former subsection (f) as new subsection (i), amendment of newly designated subsections (i)(1)-(3) and new subsections (i)(4)-(k) filed 7-31-2009; operative 8-30-2009 (Register 2009, No. 31).

8. Editorial correction redesignating subsection (i)(5)(b) as subsection (i)(5)(6) (Register 2010, No. 34).

§1647. Horse Scaffolds.

Note • History

(a) General. (1) Lumber for construction of scaffolded horses shall be of “selected lumber” grade.

Note: The lumber sizes specified are nominal sizes for which standard finished sizes may be substituted. (See Plate B-41, Appendix.)

(2) The members of horses used for scaffolds shall be securely nailed or bolted together, and well braced to prevent collapse.

(3) The distance between the bottoms of adjacent legs measured perpendicular to the ledger shall be approximately 1/2 the horse height.

(4) The shimming of horse ledgers to obtain added height is prohibited.

(5) Horses or parts which have become weak or defective shall not be used.

(6) When horse legs are extended by splicing, the joints must be butt-ended, and scabs not less than 18 inches long and of the same cross section as the leg shall be nailed on each side of the joint. As an alternative, new legs of adequate length may be installed, provided that they completely overlap the original legs and are well secured to them from top to bottom. Vertical extensions shall not be used to extend height of metal folding horses if the stability of the horse is impaired.

(7) When arranged in tiers, each horse shall be placed directly over the horse in the tier below.

(8) On all scaffolds arranged in tiers, the legs shall be nailed down or otherwise secured to the planks to prevent displacement or thrust and each tier shall be substantially cross braced.

(9) Railings meeting the requirements of Section 1620 shall be installed on all open sides and ends of work platforms 7 1/2 feet or more above the ground, floor or level underneath.

(b) Light Trades.

(1) Horses for light-trade scaffolds shall have top horizontal members or ledgers of 2-inch by 4-inch lumber or material of equivalent strength, if the distance between the leg connections is 4 feet or less. Ledgers of 2-inch by 6-inch lumber or material of equivalent strength are required if the distance between the leg connections is greater than 4 feet but does not exceed 8 feet.

If the distance between leg connections exceeds 8 feet, the ledger strength must be increased in proportion to the amount by which the 8-foot distance is exceeded.

(2) The legs of horses for light-trade scaffolds shall be 1-inch by 6-inch lumber or material of equivalent strength for horses not exceeding 4 feet in height and 2-inch by 4-inch lumber or material of equivalent strength for horses between 4 feet and 10 feet in height. Horse scaffolds shall not be constructed or arranged more than two tiers or 10 feet in height.

(1) Horses for heavy-trade scaffolds shall have top horizontal members or ledgers of 3-inch by 4-inch lumber or material of equivalent strength, if the distance between the leg connections is 4 feet or less. Ledgers of 2-inch by 6-inch lumber or material of equivalent strength are required if the distance between the leg connections is greater than 4 feet but does not exceed 8 feet. If the distance between leg connections exceeds 8 feet, the ledger strength must be increased in proportion to the amount by which the 8-foot distance is exceeded.

(2) The legs of horses for heavy-trade scaffolds shall be 1-inch by 8-inch lumber or material of equivalent strength, for horses not exceeding 4 feet in height, and 2-inch by 4-inch lumber or material of equivalent strength, for horses between 4 feet and 10 feet in height.

(d) Collapsible Types.

(1) Collapsible horses constructed of well-braced frames hinged at the top may be used in place of the specified rigid horses, if construction is such that equivalent strength is provided.

(2) Adjacent legs of a collapsible horse shall be connected near the bottom with securely attached chains, hinged brackets, or other suitable links to prevent the legs from spreading beyond the distance intended. The height of collapsible horse scaffolds shall not exceed 6 feet.

(e) Platforms.

(1) Scaffold platforms shall not be supported by single horses having a total height exceeding 10 feet. Tiered horse scaffolds shall be limited to 10 feet in height made from no more than 2 tiers of horses. All horse scaffolds shall be substantially constructed and braced both transversely and laterally.

(2) Platforms shall be not less than 20 inches wide for light trades, and 4 feet wide for bricklayers, stonemasons, stone cutters, or concrete workers. Platforms used primarily by bricklayers or stonemasons shall extend to within 5 inches of the building face upon which the work is being performed. A single 2-inch by 10-inch plank may be used for light trades work up to a height of 4 feet.

(3) Planks used for platforms shall not be less than 2 inches by 10 inches, and the distance between supports shall not exceed 10 feet for light trades and 7 feet 6 inches for heavy trades.

(4) For horse scaffolds up to a height of 6 feet, platform planks shall not be more than 2 inches apart. Platform planks on higher scaffolds shall be laid closely together. Planks shall be of such length that they overlap the supports at each end by at least 6 inches. A plank shall not overlap an unsupported end of another plank. Unsupported projecting ends of planks shall be limited to an overhang of 18 inches or less.

(5) Douglas fir plywood that is 3/4 inch thick or thicker may be used for platforms if the panels are 4 feet wide or wider and are supported on cross members at 4-foot or closer intervals for light trades and 2-foot intervals for heavy trades.

(6) Provide standard ladder or other safe, unobstructed means of access to all work platforms.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (e) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. New subsection (a)(9) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1648. Ladder-Jack Scaffolds.

Note • History

(a) Ladder-jack scaffolds shall not be used when the platform is over 16 feet above the ground. Not more than two employees shall be allowed on a scaffold of this type. The ladders shall be secured against displacement. (See Plate B-34, Appendix.)

(b) The platform shall be at least 14 inches wide consisting of ladder staging, “structural plank” or equivalent, free from damage that affects the strength. The ladders shall not be placed over 16 feet center to center, and where the platform consists of a single-dressed 2-inch by 14-inch plank, the spacing shall not be greater than 12 feet. Both metal and wood platform planks shall overlap the bearing surface by at least 12 inches.

(c) Drop lines of at least 3/4-inch diameter Manila rope or other rope of equivalent diameter and strength shall hang from secure overhead anchorages where the working platform is 7 1/2 feet high or more. An independently anchored line shall be provided for and used by each employee in accordance with the provisions of Article 24 of the Construction Safety Orders.

(d) All ladders used in connection with ladder jack scaffolds shall be Type I, IA, or IAA duty rated ladders and shall be designed and constructed in accordance with the General Industry Safety Orders, Section 3276(c). Job-built ladders shall not be used for this purpose.

NOTE: See Section 3276(d) for portable ladder types, duty ratings and working loads.

(e) The ladder jack shall be so designed and constructed that it will bear on the side rails in addition to the ladder rungs, or if bearing on rungs only, the bearing area shall be at least 10 inches on each rung.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (b) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

4. Amendment of subsection (d), including new explanatory Note, filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

§1649. Float Scaffolds. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (a)(5) (Register 70, No. 48).

2. Amendment of subsection (a)(4) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

3. Renumbering and amendment of Section 1649 to Section 1663 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1650. Needle-Beam Scaffold. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Renumbering and amendment of Section 1650 to Section 1664 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1651. Boatswains' Chairs. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Renumbering and amendment of Section 1651 to Section 1662 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1652. Staging Supported by Catenary or Horizontal Wire Ropes. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of Section 1652 to Section 1666 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1653. Bricklayers' Square Scaffolds.

Note • History

(a) The squares shall not exceed 5 feet in width and 5 feet in height.

(b) Members shall be not less than those specified in the Schedule below: (See Plate B-32, Appendix)

Minimum Dimensions for

Bricklayers' Square Scaffold Members

Members Dimensions

Ledgers or horizontal members 2 x 6 in.

Legs 2 x 6 in.

Braces at corners 1 x 6 in.

Braces diagonally from center frame 1 x 8 in.

(c) The squares shall be reinforced on both sides of each corner with 1- x 6-inch gusset pieces. They shall also have diagonal braces 1 x 8 inches on both sides running from center to center of each member, or other means to secure equivalent strength and rigidity.

(d) The squares shall be set not more than 5 feet apart for medium duty scaffolds, and not more than 8 feet apart for light duty scaffolds. Bracing, 1 x 8 inches, extending from the bottom of each square to the top of the next square, shall be provided on both front and rear sides of the scaffold.

(e) Platform planks shall be at least 2- x 10-inch nominal size. The ends of the planks shall overlap the ledgers of the squares and each plank shall be supported by not less than three squares.

(f) Bricklayers' square scaffolds shall not exceed three tiers in height and shall be so constructed and arranged that one square shall rest directly above the other. The upper tiers shall stand on a continuous row of planks laid across the next lower tier and be nailed down or otherwise secured to prevent displacement.

(g) Scaffolds shall be level and set upon a firm foundation.

(h) For guardrailing requirements see Section 1621.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (b) and new subsection (h) filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1654. Window Jack Scaffolds.

Note • History

(a) Window jack scaffolds shall be used only for the purpose of working at the window opening through which the jack is placed. (See Plate B-35)

(b) Window jacks shall not be used to support planks placed between one window jack and another or for other elements of scaffolding.

(c) Window jack scaffolds shall be provided with guardrails unless safety belts and lanyards are provided for and used by employees. (See Section 1670.)

(d) Not more than one employee shall occupy a window jack scaffold at any one time.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsections (a) and (c) filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1655. Pump Jack Scaffolds.

Note • History

(a) Pump jack scaffolds shall:

(1) Be limited to a maximum working load of 500 pounds; and

(2) Have a Safety Factor of at least four times the maximum intended load.

(3) The manufactured components shall not be loaded in excess of the manufacturer's recommended limits. (See Plate B-33, Appendix)

(b) Pump jack brackets, braces, and accessories shall be fabricated from metal plates and angles. Each pump jack bracket shall have two positive gripping mechanisms to prevent any failure or slippage.

(c) The platform bracket shall be fully decked and the planking secured. Planking, or equivalent, shall conform with Section 1637.

(1) When wood scaffold planks are used as platforms, poles used for pump jacks shall not be spaced more than 10 feet center to center. When fabricated platforms are used that fully comply with all other provisions of this Order, pole spacing may exceed 10 feet center to center.

(2) Poles shall not exceed 30 feet in height.

(3) Poles shall be secured to the work wall by rigid triangular bracing, or equivalent, at the bottom, top, and other points as necessary, to provide a maximum vertical spacing of not more than 10 feet between braces. Each brace shall be capable of supporting a minimum of 225 pounds tension or compression.

(4) For the pump jack bracket to pass bracing already installed, an extra brace shall be used approximately 4 feet above the one to be passed until the original brace is reinstalled.

(d) All poles shall bear on mud sill or other adequate firm foundations.

(e) Pole lumber shall be two 2 x 4's, of Douglas fir, or equivalent, straight-grained, clear, free of cross-grain, shakes, large loose or dead knots, and other defects which might impair strength.

(f) When poles are constructed of two continuous lengths, they shall be 2 x 4's, spiked together with the seam parallel to the bracket, and with 10d common nails, no more than 12 inches center to center, staggered uniformly from opposite outside edges.

(g) If 2 x 4's are spliced to make up the pole, the splices shall be so constructed as to develop the full strength of the member.

(h) Not more than two employees shall be permitted at one time upon a pump jack scaffold between any two supports.

(i) Pump jacks scaffolds shall be provided with standard guardrails as described in Article 16 but no guardrail is required when safety belts with lanyards are provided for and used by employees.

(j) When a work bench is used at an approximate height of 42 inches, the top guardrail may be eliminated, if the work bench is fully decked, the planking secured, and is capable of withstanding 200 pounds load in any direction.

(k) Employees shall not be permitted to use a work bench as a scaffold platform.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

Article 23. Suspended Scaffolds

§1658. Suspended Scaffolds--General.

Note • History

(a) Hoisting machines or winches that are a part of a suspended scaffold, and are used in raising or lowering that scaffold, shall be approved.

(b) All scaffolds shall be fastened or hung so as to avoid swaying from the building or structure. Window cleaners' anchors shall not be used for this purpose. Supporting cables shall be vertical for their entire length, unless otherwise designed by a currently registered civil engineer in California. The baskets of single-unit, power-driven suspended scaffolds shall not be swayed nor shall support cables be fixed to intermediate points to change the original paths of travel.

(c) Design. All scaffold members, including related parts and rigging, shall be of adequate strength to support intended loads to which they will be subjected, without exceeding stresses established by factors of safety specified in these Orders; or if no safety factors are given, those generally accepted by the engineering profession.

(d) Ladders shall not be used as scaffold platforms, even if a horizontal working surface has been placed over the rungs. Other Orders in this Article call for the use of stage ladders, planking, or specially designed platforms for such service.

(e) Supporting Ropes. Ropes supporting scaffolds shall have a factor of safety of at least 6. They shall be inspected on each job before being used to determine if they are unsafe because of damage, wear, chemical action or similar defects. The use of repaired wire rope as suspension rope is prohibited.

(f) Manila, or other fiber or synthetic ropes shall not be used to support scaffolds upon which workers are using welding or burning equipment of any type, sandblasting equipment, or any chemical substance which may damage the rope by chemical action if splashed or spilled on the rope. Wire rope is required for the above uses. Further, the wire shall be protected against burning or a welding arc to a height of 8 feet above the platform with a rubber hose or equivalent protection.

(g) Inspection. Suspended scaffolds that are in service shall be inspected by a qualified person daily and tested as frequently as is necessary in order to provide proper maintenance. Special attention shall be given to ropes and other rigging.

(h) Suspended scaffolds shall be hung so as to avoid overlap or possible interference with movement from a scaffold above or below.

(i) When suspended scaffolds are supported by a second wire rope, employees shall fasten their lanyards to the work platform trolley line or droplines hanging from secure overhead anchorages between each pair of hangers or falls. One line shall be provided for each employee. It shall be a continuous rope in good condition and free of imperfections, serious wear, or fraying.

(j) Outrigger beams used as supports for suspended scaffold shall be tied back or secured in place and placed in saddles or otherwise positively secured against the possibility of turning or twisting. The attachments on these beams for support of suspended loads shall consist of well-anchored L-hooks fitted with 1/2 inch shackle bolts, or equivalent. See Plate B-24, Appendix.

(1) The outrigger beams and supporting system shall be capable of safely sustaining 4 times the rated load of the platform or hoist whichever is greater.

(2) When a counterweight system is used, the counterweights shall consist of solid materials such as steel or concrete (See Plate B-39, Appendix) and the tiebacks shall be at least equivalent in strength to the suspension ropes and anchored securely.

(k) Unless otherwise designed by a currently registered civil engineer in California, each suspended stage or plank-type platform shall be supported at two or more places by rigging that receives its load from only that one platform. Thus, two or more suspended scaffolds, suspended stage, or plank type platforms shall not be combined into one by bridging the distance between them with planks or similar connecting platforms.

(l) Metal hangers for suspended scaffolds shall be made of mild steel or equivalent material, capable of sustaining 4 times the maximum rated load.

(m) Except where overhead protection is required and which would result in a greater hazard, employees working in single or two-point suspended scaffolds, shall be required to use safety belts and lanyards attached to independently anchored droplines.

(n) Where the use of independently anchored drop line is not possible, alternate safety measures shall be used.

(o) Railing. All scaffolds or staging referred to in this Article suspended more than 7 1/2 feet from the ground or floor below shall have a standard guardrail of 2-inch by 4-inch of selected structural grade lumber, free of knots or defects, not less than finished size of 1 7/8 inches by 3 1/2 inches, or of other equally rigid materials of equivalent strength. This railing shall be not less than 36 inches nor more than 42 inches above the platform with midrails attached at half the distance from the platform floor to the top rail. All wood members shall not contain any splices that fail to provide full strength and rigidity to the wood member. When railing is longer than 10 feet between stirrups, it shall have a vertical support near the midpoint of the span.

(p) Unattended Scaffold. When a suspended scaffold is left unattended in an elevated position, it shall be securely lashed to the building and be cleared of all tools, buckets, or other moveable materials.

(q) When employees on the scaffolds are exposed to the hazards of falling objects, overhead protection not more than 9 feet above the platform shall be installed.

(r) Hooks used as a part of rigging for scaffold support shall be closed or “moused” (See Plate C-4, Appendix).

(s) Where a single outrigger beam is used, the steel shackles or clevises with which the wire ropes are attached to the outrigger beams shall be placed directly over the hoisting machines.

(t) The free end of the suspension wire ropes shall be equipped with proper size thimbles and secured by splicing or other equivalent means. Where applicable, the running ends shall be securely attached to the hoisting machines and at least four turns of wire rope shall at all times remain on the drum.

(u) Multi-level platforms and suspended scaffolds with overhead protection shall be equipped with additional independent lines equivalent in strength to the suspension ropes to support the units if the primary suspension system fails. These additional independent lines shall be tied to a structural member other than the primary suspension member, capable of supporting the resulting suspended load imposed. (See Plate B-42, Appendix.)

(v) Gasoline-powered equipment and hoists shall not be located on suspension scaffolds.

(w) Devices whose sole function is to provide emergency escape and rescue shall not be used as working platforms. This provision does not preclude the use of systems which are designed to function both as suspension scaffolds and emergency systems.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 7152, Labor Code.

HISTORY

1. Editorial correction in subsection (i) (Register 70, No. 48).

2. Amendment of subsection (a) and (b) and new subsection (k) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment of subsection (c) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

5. Amendment of subsection (e) and new subsections (v) and (w) filed 4-6-2001; operative 5-6-2001 (Register 2001, No. 14).

6. Change without regulatory effect amending subsection (p) filed 11-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 47).

§1659. Bricklayers' or Masons' Suspended Scaffolds.

Note • History

Note: Stone setters' adjustable multiple-point suspended scaffolds shall also be constructed in accordance with this Order. See Plate B-26, Appendix.

(a) Each outrigger shall be equal in strength to at least a standard 7-inch, 15.3-pound steel at least 15 feet long. It shall not project more than 6 feet 6 inches beyond the bearing point and it shall be supported laterally at or near its fulcrum point. Where the overhang exceeds 6 feet 6 inches, thrustouts shall be composed of stronger beams or multiple beams and be installed under the supervision of a person who is capable of securing a safe installation. Outriggers shall be securely fastened to the structure by the equivalent of “U” bolts and anchor plates, washers, and nuts. All beams shall be set with their webs vertical, and they shall rest on wood bearing blocks. A stop bolt shall be placed at the outer end of the outrigger to prevent suspension rope from slipping off.

(b) The platform shall be suspended by wire ropes capable of supporting at least 6 times the intended load, properly secured to the outriggers and to each end of the bolster (putlog), or to hoisting machines.

(c) Bolsters not more than 4 1/2 feet long between supports may be of wood, provided they are equal in strength to 4-inch by 6-inch “selected lumber” grade, free from damage that affects the strength.

(d) The bolsters and outriggers shall be spaced not more than 8 feet center to center.

(e) Platform Width. The platform shall be not less than 4 feet wide and made of 2-inch by 10-inch or larger “selected lumber” laid closely together and adequately secured to prevent them from slipping, tipping, or collapsing.

(f) The scaffold shall be as close to the wall as reasonably possible, but not more than 6 inches from the wall.

(g) When employees are at work on the scaffold and an overhead hazard exists, overhead protection shall be provided on the scaffold, not more than 9 feet above the platform, consisting of 2-inch planking, or material of equivalent strength, laid tight, and extending not less than the width of the scaffold.

(h) The scaffold shall be capable of sustaining a working load of 50 pounds per square foot and shall not be loaded in excess of that figure.

Exception: When the scaffold is designed for loads in excess of 50 pounds per square foot by a Civil Engineer currently registered in California.

(i) The use of fiber rope is prohibited.

(j) Toeboards and side screens shall be installed in accordance with the applicable Sections of Article 16.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (a) (Register 70, No. 48).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1660. Suspended Scaffolds for Loads of 425 Pounds or Less.

Note • History

(a) Only one employee for each fall or hanger shall be allowed on this type of suspended scaffold. (See Plates B-24, B-26, B-26-a and B-27-a, Appendix).

Exception: Single, power-driven units described in Section 1667.

(b) Stirrups or slings shall be made of wire rope of at least 9,000 pounds breaking strength, or of solid round or square mild steel (reinforcing steel shall not be used) not less than 3/4 inch dimension, forged or welded into one piece. Loops in wire rope slings for the use of bolsters shall be spliced. The top loop shall have a galvanized thimble fastened in place with a clip.

(c) Bolsters shall be 2-inch by 4-inch “selected lumber,” or stronger material, placed so that the 4-inch sides are vertical. An iron or steel bolt 6 inches long and 3/4 inch in diameter shall be fastened through wooden bolsters at right angles to same not nearer than 3 inches to the end to prevent sling from accidentally slipping off the end of bolster.

(d) Scaffold platforms shall be at least 14 inches wide. Planks of dressed 2-inch lumber shall consist of “structural plank” free from damage affecting its strength. Where platforms are composed of two 2-inch by 10-inch or two 2-inch by 12-inch dressed planks, side by side, they shall be firmly cleated together so as to act as a unit. Maximum platform width shall be 36 inches.

(e) The span between hangers or falls shall not be more than 10 feet when the planks are composed of two 2-inch by 10-inch planks or more than 12 feet when composed of two 2-inch by 12-inch planks as permitted in Subsection 1660 (d). The span between hangers or falls when being used with patented-type planks shall not exceed the manufacturer's specifications. The platform shall not extend beyond the hangers more than 18 inches. A bar or other effective means shall be securely fastened at each end of the platform to prevent it from slipping off the hanger.

(f) Ladder-Type and Needle Beam-Type Platforms.

(1) Platforms placed in service after April 18, 1999 shall comply with the American National Standard (ANSI) Scaffolding-Safety Requirements, A10.8-1988, which is hereby incorporated by reference. Platforms placed in service on or before April 18, 1999 shall comply with ANSI A10.8-1977, Safety Requirements for Scaffolding, which is hereby incorporated by reference.

(2) Light metal-type platforms shall be approved.

(g) Each employee shall be provided with and use personal fall protection in accordance with the requirements of Article 24. Lanyards shall be securely attached to substantial members of the structure (not scaffold), or to securely rigged lines, which will safely suspend the employee in case of a fall. In order to keep the lanyard continuously attached, with a minimum of slack, to a fixed structure, the attachment point of the lanyard shall be appropriately changed as the work progresses.

(h) Hooks supporting scaffolds or stagings shall be made of mild steel (reinforcing steel shall not be used), free from flaws or other imperfections. Each hook shall, if loaded to point of failure, be capable of supporting a load 4 times that to which it will be subjected in service. The expected load per hook in service shall include its share (normally half) of the total scaffold and rigging weight plus the total weight of employees and movable tools or equipment, which shall never be considered as less than 500 pounds. All hooks shall be provided with rings for tie-back ser--

vice. The ring should be fitted through a hole in the hook not more than 5 inches from the hook point. Hooks shall be kept clean at all times.

Each hook shall be tied back to a substantial object on the roof with at least a 3/4-inch diameter Manila rope or equivalent.

(i) Where the rope blocks supporting scaffolds or boatswains' chairs are not attached directly to hooks, the extension from the top block to the support shall be wire rope at least 1/2-inch in diameter, or equivalent, and sufficient protection shall be provided to prevent this wire rope from chafing.

The sheaves of all blocks, consisting of at least one double and one single block, shall fit the size and type of rope used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (k) (Register 70, No. 48).

2. Amendment of subsection (g) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

4. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

5. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

6. Amendment of subsection (g) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

7. Amendment of subsection (f)(1) filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

§1661. Suspended Scaffolds for Loads Between 425 and 1000 Pounds.

Note • History

(a) Suspended scaffolds providing all of the safety features required by Orders 1658 and 1660 may be used to support as much as 1,000 pounds if the platform and other components are designed and constructed to carry such a live load without exceeding allowable working stresses.

(b) Suspended scaffolds in this load range which are used by cement masons shall have platforms at least 24 inches wide.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1662. Boatswains' Chairs.

Note • History

(a) Persons shall be trained and/or experienced in the use of boatswains' chairs before being permitted to use such equipment.

(b) When a boatswains' chair is suspended over an area traversed by employees, pedestrians or vehicular traffic, the ground area immediately below shall be effectively blocked by barricades, or an attendant shall be stationed to keep the area clear. Warnings signs shall also be posted below.

(c) An employee using a boatswains' chair shall wear a safety belt with attached lanyard secured to a separate drop line or other means affording equivalent safety.

(d) Rope attachment to a block shall be by a thimble and splice.

(e) Hooks shall be provided with a means to prevent accidental disengagement or a shackle shall be used in place of a hook.

(f) Each double block of luff (or watch) tackle shall be branded or otherwise clearly marked so as to indicate the fully extended length in feet from block to block. A knot or splice shall be made in the end of the line to prevent it from running through the block.

(g) Thimbles shall not be used where the chair connects to the hook.

(h) Tackle shall consist of rope equivalent in strength to at least 5/8 inch rope of first grade Manila as well as properly-sized blocks.

(i) The chair shall be suspended from its four corners by means of rope slings. It shall have a seat not less than 24 inches long by 10 inches wide and, if of soft wood, 2 inches thick (1 1/8 inches if of oak or ash). It shall be reinforced across the full width by cleats securely fastened to each end. The seat may be constructed of material other than wood, provided the material used is equivalent in strength to 2 inches of soft wood or 1 1/8 inches of oak or ash. If constructed of material of equivalent strength, cleats across the full width of the seat shall be provided unless structural analysis indicates that they are not necessary. Other design and construction of equivalent safety and strength may be substituted.

(j) Boatswains' chairs with fiber rope slings shall not be used to support an employee with welding, burning torch, sandblasting equipment, or chemicals harmful to fiber rope. In such cases, the slings shall be at least 3/8 inch wire rope, or equivalent. Further, the wire rope shall be protected against burning or welding arc by covering with a rubber hose or other equally effective means.

Embedded Graphic 08.0216

(k) Fiber rope seat slings shall be of 5/8 inch Manila rope, or equivalent, reeved through the four seat holes so as to cross each other on the underside of the seat.

(l) Boatswains' chairs, their supports and all accessories shall be capable of supporting, without failure, at least 4 times the maximum load.

(m) Parapet or cornice hooks or clamps used to support chairs shall be provided with rings for tie-back use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 6).

2. Amendment of subsection (b) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Renumbering and amendment of former Section 1662 to Section 1667, and renumbering and amendment of Section 1651 to Section 1662 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

4. Change without regulatory effect amending ``Moused Hook” graphic in subsection (j) filed 6-25-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).

5. Change without regulatory effect repealing and adopting new illustration within subsection (j) filed 5-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 21).

§1663. Float Scaffolds.

Note • History

(a) Scaffolds of this type are to support not more than three employees and light tools, such as those needed for riveting, bolting, and welding. They shall be constructed as follows, unless substitute designs and materials provide equivalent strength, stability, and safety (See B-38, Appendix).

(1) The platform shall be not less then 3 feet wide and 6 feet long, made of 3/4 inch plywood, equivalent to Douglas Fir Plywood Association Grade A-A Exterior.

(2) Under the platform, there shall be 2 supporting bearers made from 2-inch by 4-inch “selected lumber,” or better. They shall be free of knots or other flaws and project 6 inches beyond the platform on both sides. The ends of the platform shall extend about 6 inches beyond the outer edges of the bearers. Each bearer shall be fastened to the platform by at least two 1/2 inch-diameter bolts.

(3) An edging of wood not less than 3/4 inch by 1 1/2 inches, or equivalent, shall be placed around all sides of the platform to prevent tools from rolling off.

(4) Supporting ropes shall be 1-inch-diameter Manila rope, or equivalent, free from deterioration, chemical damage, flaws, or other imperfections. Rope connections shall be such that the platform cannot shift or slip. If two ropes are used with each float, they shall be arranged so as to provide four ends which are to be securely fastened to an overhead support. Each of the two supporting ropes shall be hitched around one end of a bearer and pass under the platforms to the other end of the bearer where it is hitched again, leaving sufficient rope at each end for the supporting ties.

(5) Each employee working from a float scaffold shall be provided with and use fall protection in accordance with the requirements of Article 24.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Renumbering and amendment of former Section 1663 to Section 1665, and renumbering and amendment of Section 1649 to Section 1663 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

3. Amendment of subsection (a)(5) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

§1664. Needle-Beam Scaffold.

Note • History

(a) Needle-beam scaffolds shall be designed with a factor of safety of at least 4, to support the loads to be imposed, but in no case shall the strength or quality be less than required by the following specifications. (See B-37, Appendix)

(1) Wood needle beams shall be not less than 4 inches by 6 inches in cross section, if the distance between supports does not exceed 10 feet. Larger beams are required for spans in excess of 10 feet, and in all cases they shall be placed with the greater dimension vertical. They shall be “selected lumber,” or equivalent, straight-grained, and free of knots or other defects. Other materials or types may be used if of equivalent strength and rigidity.

(2) Wood needle beams shall be made from one piece of material without splices or laminated joints. Laminated wood beams, manufactured of good quality, glued members, subjected to proper bonding pressure, may along with other materials be used if of equivalent strength.

(3) Wood needle beams shall not be painted in such a manner as to hide the grain structure. They may be coated with linseed oil or other transparent coating.

(4) Ropes used for the support of needle beams shall be not less than 1 1/4-inch diameter Manila rope, or equivalent, free from flaws, deterioration, chemical damage, or other imperfections. C-clamps or open hooks shall not be used for support of needle beams or needle-beam ropes.

(5) The ropes shall be attached to the needle beams by a scaffold hitch, or some other equally effective method, at a point not less than 1 foot from the end of the beam. Ropes shall be so secured to the beams or girders as to prevent tipping or slipping of either the beam or the scaffold. When the rope attachment is within 2 feet of beam end, bolt or cleat shall be attached or other means taken to prevent rope from coming off beam.

(6) Planks making up platforms on needle beams shall not be less than 2 inches by 10 inches and not have more than a 10 foot span. All planks shall be secured by suitable cleats or drop bolts to prevent slipping, tipping, or collapsing, with special attention for those planks that are on the beam overhang outside the rope attachment. When planks are in an inclined position of 5 percent or more, they shall be provided with cleats on the working surface at least 1 3/4 inches by 2 inches in cross section, spaced not more than 16 inches apart.

(7) Platforms used for riveting or other work requiring similar tools shall be not less than 36 inches wide when used on exterior of structures, and not less than 30 inches wide for interior work.

(8) Needle-beam platforms that are used for rivet heaters shall be not less than 6 feet wide and 10 feet long, with planks laid close together, and some provision shall be made to prevent materials or tools from rolling off edges.

(9) Where the supports for needle beams are fixed members rather than suspension ropes, positive means shall be taken to prevent the beams from turning or rotating to a position where the strength is reduced.

(10) All unattached tools, bolts, and nuts used on needle beam scaffolds shall be kept in suitable containers, properly secured.

(11) If one end of a needle beam scaffold platform rests on a permanent structural section, all applicable sections of this Article and Article 23 shall be observed.

(12) Each employee working on a needle beam scaffold shall be provided with and use personal fall protection in accordance with the requirements of Article 24 or by a safety net rigged as provided in Section 1671.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 1650 to Section 1664 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Amendment of subsection (a)(12) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

§1665. Interior Hung Scaffolds.

Note • History

(a) An interior hung scaffold shall be hung or suspended from the roof structure or ceiling beams.

(b) The suspension rope shall be wrapped at least twice around the supporting members and twice around the ledgers of the scaffold, with each end of the wire rope secured by at least three standard wire-rope clips properly installed.

(1) Supporting ledgers 2 x 10 inches on edge;

(2) Planking 2 x 10 inches, with maximum span 7 feet for heavy duty and 10 feet for light duty or medium duty.

(d) Steel tube and coupler members may be used for hanging scaffolds with both types of scaffold designed to sustain a uniform distributed working load up to heavy duty scaffold loads with a safety factor of four.

(e) When a hanging scaffold is supported by means of wire rope, it shall be attached with a thimble to a 1/2-inch shackle or bolt of not less than 1/2-inch diameter. The shackle shall be secured by means of a stop bolt 4 inches from the end of the beam or ledger. Wire rope shall not be wrapped around either member. See Plate C-2, Appendix.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 1663 to Section 1665 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1666. Staging Supported by Catenary or Horizontal Wire Ropes.

Note • History

(a) Staging supported by wire rope shall have hook-shaped stops on each end of staging members so as to prevent them from slipping off the wire ropes. These hooks shall be so placed that they will also tend to prevent the staging members from falling if one wire rope breaks. Planks shall be at least 14 inches wide and consist of “structural plank” or the equivalent.

(b) Wire ropes shall not be tightened to the extent that the application of a scaffold load may overstress them.

Note: It is suggested that a hanger or set of falls be used every 50 feet to pick up the sag of the wire rope. Cables shall be continuous without splices between anchors.

(d) The wire rope manufacturer's recommendations with respect to the number and spacing of clamps shall be followed. The clamps shall be placed with the “U” on the dead end. See Plate C-2, Appendix.

(e) Standard guardrail shall be installed to protect all open sides and ends of staging or safety nets shall be installed.

In lieu of guardrails or safety nets, safety belts and lanyards shall be used, provided the lanyard is tied off to the structure or to a separate cable for this purpose. (See Article 24 of the Construction Safety Orders.)

(f) A safe means of access and egress shall be provided to the stage at all times.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 1652 to Section 1666 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

§1667. Suspended, Power-Driven Scaffolds.

Note • History

Note: For additional details relating to exterior building maintenance and window cleaning operations see Articles 5 and 6 of the General Industry Safety Orders.

(a) Powered scaffold platforms, not required to be completely railed, such as those supported by 2 or more hoisting units, shall at least have a protective railing, or equivalent, on all open sides and ends. The railing shall be not less than 36 inches nor more than 42 inches high, and it shall be capable of supporting a 200-pound concentrated load without permanent deflection.

(b) Loading. The total load on any 1 power unit shall not exceed the rated working capacity. If a unit is to support 500 pounds or more, special attention shall be given in advance to eliminate the possibility that the staging, hooks, shackles, parapet walls, and other load-carrying items will be overstressed. The total allowable load on stage ladders of the type described in Section 1660(f) shall not exceed 425 pounds.

(c) Wire Rope. Powered scaffolds shall be supported by wire rope providing a safety factor of 6 or more. It shall be 6 by 19 or 6 by 37 hemp center construction or better, not less than 5/16 inch in diameter, or with a breaking strength of not less than 6,000 pounds.

(d) Platforms shall not be less than 20 inches wide and shall be provided with a guardrail as specified in Section 1658(o). Platforms shall be designed to support the loads to be imposed without exceeding allowable working stresses established by recognized engineering practice.

(e) Safety Devices for Electric-Powered Unit.

(1) Wiring. All wiring including supply cords shall conform to the Electrical Safety Orders.

(2) Electrical Devices. All electrical devices, such as control switches, shall conform to the Electrical Safety Orders.

(3) Load Release. A hand-operated release mechanism to allow unit to descend faster than normal speed is prohibited.

(f) Safety Devices for Air-Powered Unit.

(1) Control Valve. Control valve shall be a nonlocking dead-man-control type. A shutoff valve shall be installed ahead of the control valve for the purpose of shutting off air when employees leave the stage.

(2) Load Release. A hand-operated release mechanism to allow unit to descend faster than normal speed is prohibited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of Section 1662 to Section 1667 filed 7-24-87; operative 8-2-87 (Register 87, No. 33).

Article 24. Fall Protection

§1669. General.

Note • History

(a) When work is performed from thrustouts or similar locations, such as trusses, beams, purlins, or plates of 4-inch nominal width, or greater, at elevations exceeding 15 feet above ground, water surface, or floor level below and where temporary guardrail protection is impracticable, employees shall be required to use approved personal fall protection system in accordance with Section 1670.

(b) When requirements in subsection (a) are impractical, approved safety nets shall be used in accordance with Section 1671.

(c) When the work is of short duration (i.e., non-repetitive) and limited exposure and the hazards involved in rigging and installing the safety devices required by this Article equals or exceeds the hazards involved in the actual construction, these provisions may be temporarily suspended, provided adequate risk control is recognized and maintained under immediate, competent supervision.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (a) Note (Register 70, No. 48).

2. Amendment filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

3. Amendment of article heading and amendment of subsections (a) and (c) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

§1670. Personal Fall Arrest Systems, Personal Fall Restraint Systems and Positioning Devices.

Note • History

(a) Approved personal fall arrest, personal fall restraint or positioning systems shall be worn by those employees whose work exposes them to falling in excess of 7 1/2 feet from the perimeter of a structure, unprotected sides and edges, leading edges, through shaftways and openings, sloped roof surfaces steeper than 7:12, or other sloped surfaces steeper than 40 degrees not otherwise adequately protected under the provisions of these Orders.

Note: (1) Requirements relating to fall protection for employees working at elevated locations on poles, towers and other structures are provided in Section 2940.6(b) and (c) of the High Voltage Electrical Safety Orders.

(2) Requirements relating to fall protection for employees working on poles, towers, or similar structures are provided in Section 8615(g) of the Telecommunications Safety Orders.

(3) Requirements relating to fall protection for employees working in roofing operations are provided in Section 1730 of the Construction Safety Orders.

(b) Personal fall arrest systems and their use shall comply with the provisions set forth below. Effective January 1, 1998, except as permitted in subsections (c) and (d), body belts shall not be used as part of a personal fall arrest system.

(1) On suspended scaffolds or similar work platforms with horizontal lifelines which may become vertical lifelines, the devices used to connect to a horizontal lifeline shall be capable of locking in both directions on the lifeline.

(2) Horizontal lifelines shall be designed, installed, and used, under the supervision of a qualified person, as part of a complete personal fall arrest system, which maintains a safety factor of at least two.

(3) Lanyards and vertical lifelines shall have a minimum breaking strength of 5,000 pounds.

(4) Except as provided in Section 1670(b)(5), when vertical lifelines are used, each employee shall be attached to a separate lifeline.

(5) During the construction of elevator shafts, two employees may be attached to the same lifeline in the hoistway, provided both employees are working atop a false car that is equipped with guardrails; the strength of the lifeline is 10,000 pounds [5,000 pounds per employee attached]; and all other criteria specified in this section for lifelines have been met.

(6) Lifelines shall be protected against being cut or abraded.

(7) Self-retracting lifelines and lanyards which automatically limit free fall distance to 2 feet or less shall be capable of sustaining a minimum tensile load of 3,000 pounds applied to the device with the lifeline or lanyard in the fully extended position.

(8) Self-retracting lifelines and lanyards which do not limit free fall distance to 2 feet or less, ripstitch lanyards, and tearing and deforming lanyards shall be capable of sustaining a minimum tensile load of 5,000 pounds applied to the device with the lifeline or lanyard in the fully extended position.

(9) Ropes and straps (webbing) used in lanyards, lifelines, and strength components of body belts and body harnesses shall be made from synthetic fibers except for when they are used in conjunction with hot work where the lanyard may be exposed to damage from heat or flame.

(10) Anchorages used for attachment of personal fall arrest equipment shall be independent of any anchorage being used to support or suspend platforms and capable of supporting at least 5,000 pounds per employee attached, or shall be designed, installed, and used as follows:

(A) as part of a complete personal fall arrest system which maintains a safety factor of at least two; and (B) under the supervision of a qualified person.

(11) Personal fall arrest systems, when stopping a fall, shall:

(A) limit maximum arresting force on an employee to 1,800 pounds when used with a body harness;

(B) be rigged such that an employee can neither free fall more than 6 feet, nor contact any lower level, and, where practicable, the anchor end of the lanyard shall be secured at a level not lower than the employee's waist;

(D) have sufficient strength to withstand twice the potential impact energy of an employee free falling a distance of 6 feet, or the free fall distance permitted by the system, whichever is less.

(12) The attachment point of the body belt shall be located in the center of the wearer's back. The attachment point of the body harness shall be located in the center of the wearer's back near shoulder level, or above the wearer's head.

(13) Body belts, harnesses, and components shall be used only for employee protection and not to hoist materials. Body belts used in conjunction with fall restraint systems or positioning devices shall limit the maximum arresting force on an employee to 900 pounds.

(14) The employer shall provide for prompt rescue of employees in the event of a fall or shall assure that employees are able to rescue themselves.

(15) Personal fall arrest systems shall be inspected prior to each use for wear, damage, and other deterioration, and defective components shall be removed from service.

(16) Body belts shall be at least one and five-eighths (1 5/8) inches wide.

(17) Personal fall arrest systems shall not be attached to hoists, except as specified in these Orders, nor shall they be attached to guardrails.

(18) When a personal fall arrest system is used at hoist areas, it shall be rigged to allow the movement of the employee only as far as the edge of the working level or working area.

(19) Each personal fall arrest system shall be inspected not less than twice annually by a competent person in accordance with the manufacturer's recommendations. The date of each inspection shall be documented.

Positioning device systems and their use shall conform to the following provisions:

(1) Positioning devices shall be rigged such that an employee cannot free fall more than 2 feet.

(2) Positioning device systems shall be inspected prior to each use for wear, damage, and other deterioration, and defective components shall be removed from service.

(3) The use of non-locking snaphooks shall be prohibited after January 1, 1998.

(4) Anchorage points for positioning device systems shall be capable of supporting two times the intended load or 3,000 pounds, whichever is greater.

(d) Personal fall restraint.

(1) Body belts or harnesses may be used for personal fall restraint.

(2) Body belts shall be at least one and five-eights (1-5/8) inches wide.

(3) Anchorage points used for fall restraint shall be capable of supporting 4 times the intended load.

(4) Restraint protection shall be rigged to allow the movement of employees only as far as the sides of the working level or working area.

(e) Lanyards shall be secured to a substantial member of the structure or to securely rigged lines.

(f) All fall arresting, descent control, and rescue equipment shall be approved as defined in Sections 1504 and 1505 and used in accordance with the manufacturer's recommendations.

(g) If an employee's duties require horizontal movement, rigging shall be provided so that the attached lanyard will slide along with the employee. Such rigging shall be provided for all suspended staging, outdoor advertising sign platforms, floats, and all other catwalks, or walkways 7 1/2 feet or more above the ground or level beneath.

Note: For additional fall protection requirements during steel erection operations, see Article 29.

(h) Any lanyard, safety belt, harness, dropline, lifeline or other component subjected to in-service loading, as distinguished from static load testing, shall be immediately removed from service and shall not be used again for employee safeguarding.

Note: For the purpose of this subsection, “in-service loading” shall mean loading equivalent to that received in a drop test.

(i) Lifelines and anchorages shall be capable of supporting a minimum dead weight of 5000 pounds.

Exception: Retractable lanyards, controlled descent and rescue devices provided they are approved as defined in Sections 1504 and 1505.

(j) Lifelines subject to excessive fraying or rock damage shall be protected and shall have a wire rope center. Seriously worn or damaged rope shall be promptly removed from service.

(k) All safety belts, harnesses and lanyards placed in service or purchased on or before February 1, 1997, shall be labeled as meeting the requirements contained in ANSI A10.14-1975, Requirements for Safety Belts, Harnesses, Lanyards, Lifelines and Drop Lines for Construction and Industrial Use or be in compliance with the requirement stated in Subsection (l).

(l) All personal fall arrest, personal fall restraint and positioning device systems purchased or placed in service after February 1, 1997, shall be labeled as meeting the requirements contained in ANSI A10.14-1991 American National Standard for Construction and Demolition Use, or ANSI Z359.1-1992 American National Standard Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (d)-(h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Amendment filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

4. Change without regulatory effect amending subsection (c) filed 3-26-93; operative 4-26-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 13).

5. Amendment of section heading and subsection (a), new subsections (b)-(d)(4), subsection relettering, and amendment of newly designated subsections (j), (k) and (l), and new subsection (m) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

6. Change without regulatory effect amending subsections (i), (j) and (l) filed 1-6-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 2).

7. Amendment filed 11-21-2000; operative 12-21-2000 (Register 2000, No. 47).

8. Change without regulatory effect renumbering former subsections (c)(4) and (c)(5) to subsections (c)(3) and (c)(4) filed 1-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 3).

9. Change without regulatory effect renumbering former subsection (b)(20) to subsection (b)(19) filed 2-13-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).

10. Amendment of subsection (b)(11)(B) filed 6-15-2005; operative 7-15-2005 (Register 2005, No. 24).

§1671. Safety Nets.

Note • History

(a) Where the elevation is 25 feet or more above the ground, water surface, or continuous floor level below, and when the use of personal fall arrest systems, personal fall restraint systems, positioning device systems or more conventional types of protection are clearly impractical, the exterior and/or interior perimeter of the structure shall be provided with an approved safety net extending at least 8 feet horizontally from such perimeter and being positioned at a distance not to exceed 10 feet vertically below where such hazards exist, or equivalent protection provided safety nets shall extend outward from the outermost projection of the work surface as follows:

Vertical distance from Minimum required horizontal

working level to horizontal distance of outer edge of net

plane of net. from the edge of working surface.

Up to 5 feet 8 feet

More than 5 feet up to 10 feet. 10 feet

More than 10 feet but not to exceed 13 feet

30 feet

Nets shall be hung with sufficient clearance to prevent user's contact with the surfaces or structures below. Such clearances shall be determined by impact load testing.

Exception: See Section 1709(c) and 1710(k) and (l) for flooring requirements and nets for steel erection in tiered buildings and structures.

(b) Only one level of nets shall be required for bridge construction.

(c) Safety nets purchased on or after January 1, 1998 shall be labeled as meeting the requirements of American National Standards Institute (ANSI) A10.11-1989, American National Standard for Construction and Demolition Operations - Personnel and Debris Nets, Repair and Demolition Operations. Safety nets purchased before January 1, 1998 shall be labeled as meeting the requirements of ANSI A10.11-1979, Safety Nets Used During Construction, Repair and Demolition Operations, or ANSI A10.11-1989.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

3. Amendment of subsections (a) and (c) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

4. Change without regulatory effect amending subsection (c) filed 1-6-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 2).

5. Amendment of Exception to subsection (a) filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

§1671.1. Fall Protection Plan.

Note • History

(a) This section applies to all construction operations when it can be shown that the use of conventional fall protection is impractical or creates a greater hazard.

(1) The fall protection plan shall be prepared by a qualified person and developed specifically for the site where the construction work is being performed and the plan must be maintained up to date. The plan shall document the identity of the qualified person.

Note: The employer need only develop a single site fall protection plan for sites where the construction operations are essentially identical.

(2) Any changes to the fall protection plan shall be approved by a qualified person. The identity of the qualified person shall be documented.

(3) A copy of the fall protection plan with all approved changes shall be maintained at the job site.

(4) The implementation of the fall protection plan shall be under the supervision of a competent person. The plan shall document the identity of the competent person.

(5) The fall protection plan shall document the reasons why the use of conventional fall protection systems (guardrails, personal fall arrest systems, or safety nets) are infeasible or why their use would create a greater hazard.

(6) The fall protection plan shall include a written discussion of other measures that will be taken to reduce or eliminate the fall hazard for workers who cannot be provided with protection provided by conventional fall protection systems. For example, the employer shall discuss the extent to which scaffolds, ladders, or vehicle mounted work platforms can be used to provide a safer working surface and thereby reduce the hazard of falling.

(7) The fall protection plan shall identify each location where conventional fall protection methods cannot be used. These locations shall then be classified as controlled access zones and the employer must comply with the criteria in Section 1671.2(a).

(8) Where no other alternative measure (i.e. scaffolds, ladders, vehicle mounted work platforms, etc.) has been implemented, the employer shall implement a safety monitoring system in conformance with Section 1671.2(b).

(9) The fall protection plan must include a statement which provides the name or other method of identification for each employee (i.e., job title) who is designated to work in controlled access zones. No other employees may enter controlled access zones.

(10) In the event an employee falls, or some other related, serious incident occurs (e.g., a near miss), the employer shall investigate the circumstances of the fall or other incident to determine if the fall protection plan needs to be changed (e.g., new practices, procedures, or training) and shall implement those changes to prevent similar types of falls or incidents.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

2. Editorial correction of subsection (a)(10) (Register 2006, No. 17).

§1671.2. Controlled Access Zones and Safety Monitoring Systems.

Note • History

(a) Controlled access zones.

(1) When used to control access to areas where leading edge and other operations are taking place, the controlled access zone shall be defined by a control line or by any other means that restricts access. Signs shall be posted to warn unauthorized employees to stay out of the controlled access zone.

(2) When control lines are used, they shall be erected not less than 6 feet nor more than 25 feet from the unprotected or leading edge, except when erecting precast concrete members.

(3) When erecting precast concrete members, the control line shall be erected not less than 6 feet nor more than 60 feet or half the length of the member being erected, whichever is less, from the leading edge.

(4) The control line shall extend along the entire length of the unprotected or leading edge and shall be approximately parallel to the unprotected or leading edge.

(5) The control line shall be connected on each side to a standard railing or wall, or securely anchored on each end.

(6) Control lines shall consist of ropes, wires, tapes, or equivalent materials, and supporting stanchions as follows:

(A) Each line shall be flagged or otherwise clearly marked at not more than 6-foot intervals with high-visibility material.

(B) Each line shall be rigged and supported in such a way that its lowest point (including sag) is not less than 39 inches from the working level/working area and its highest point is not more than 45 inches.

(b) Safety monitoring systems.

(1) The employer shall designate a competent person to monitor the safety of other employees and the employer shall ensure that the safety monitor complies with the following requirements:

(A) The safety monitor shall be competent to recognize fall hazards;

(B) The safety monitor shall warn the employee when it appears that the employee is unaware of a fall hazard or is acting in an unsafe manner;

(C) The safety monitor shall be within visual sighting distance of the employee and shall always be in communication with the employee being monitored; and,

(D) The safety monitor shall not have other responsibilities which could take the monitor's attention from the monitoring function.

(2) No employee, other than an employee covered by a fall protection plan, shall be allowed in an area where an employee is being protected by a safety monitoring system.

(3) Each employee working in a controlled access zone shall be directed to comply promptly with fall hazard warnings from safety monitors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

2. Amendment of subsection (b)(1)(C), repealer of subsection (b)(1)(D) and subsection relettering filed 11-21-2000; operative 12-21-2000 (Register 2000, No. 47).

3. Amendment of subsection (b)(1)(C) filed 9-12-2002; operative 10-12-2002 (Register 2002, No. 37).

§1672. Tests. [Repealed]

Note • History

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

2. Repealer filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

Article 25. Ladders

§1675. General.

Note • History

(a) General requirements. Except where either permanent or temporary stairways or suitable ramps or runways are provided, ladders described in this section shall be used to give safe access to all elevations.

(b) All portable ladders used in construction shall comply with the provisions of Section 3276 of the General Industry Safety Orders.

(c) All fixed ladders used in construction shall comply with the provisions of Sections 3277 and 3278 of the General Industry Safety Orders.

(d) Single-rail ladders shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. New subsections (m) and (n) filed 11-14-75; effective thirtieth day thereafter (Register 75; No. 46).

3. Amendment of subsection (h) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

4. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

5. Amendment of subsections (c) and (d) and new subsection (m) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

6. Amendment of subsection (k) and new subsection (n) and explanatory Note filed 6-16-98; operative 7-16-98 (Register 98, No. 25).

7. Repealer of subsections (b)-(n), including repealer of explanatory Note, and new subsections (b)-(c) filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

8. Amendment of subsection (c) and new subsection (d) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§1676. Job-Made Ladders.

Note • History

(a) Job-made ladders shall be constructed for intended use. If a ladder is to provide the only means of access or exit from a working area for 25 or more employees, or simultaneous two-way traffic is expected, a double cleat ladder shall be installed.

Note: Cleats for job-made ladders are defined as crosspieces used by a person in ascending or descending a ladder. Cleats are also known as steps or rungs.

(b) Side rails, when of wood, shall be the equivalent of dressed Douglas fir “selected lumber”, free from sharp edges and splinters, and shall not have knots, except for an occasional one less than 1/2-inch in diameter that appears only on the wide face and is at least 1/2-inch back from either edge.

If splicing of side rails is necessary to attain the required length, the splice shall develop the full strength of a continuous side rail of the same length.

(c) Cleats of wood shall be clear, straight-grained and absolutely free from knots of any size that appear in the narrow face. Knots appearing in the wide faces of cleats shall not exceed a diameter of 1/4-inch. Cleats shall be uniformly spaced within 1/4-inch tolerance, and not farther apart than 12 inches measured from the tops of cleats. The clear space in the plane of the cleats between the top of any cleat and an obstruction above shall be at least 4 1/2 inches.

Exception: The cleats of ladders used only by hod carriers and plaster tenders shall be uniformly spaced within 1/4-inch tolerance at not more than 9 inches measured from the tops of cleats.

(d) Double cleat ladders shall not exceed 24 feet in length.

(e) Single cleat ladders shall not exceed 30 feet in length between supports (base and top landing). If ladders are to connect different landings, or if the length required exceeds this maximum length, two or more separate ladders shall be used, offset with a platform between each ladder. Guardrails and toeboards shall be erected on the exposed sides of the platforms.

(f) The width of single cleat ladders shall be at least 15 inches, but not more than 20 inches, between rails at the top.

(g) Side rails shall be parallel or flared top to bottom by not more than one-quarter of an inch for each 2 feet of length.

(h) 2-inch by 4-inch lumber shall be used for side rails of single cleat ladders up to 16 feet long: 3-inch by 6-inch lumber shall be used for single cleat ladders from 16 to 30 feet in length.

(i) 2-inch by 4-inch lumber shall be used for side and middle rails of double cleat ladders up to 12 feet in length: 2-inch by 6-inch lumber for double cleat ladders from 12 to 24 feet in length.

(j) Cleats shall be inset into the edges of the side rails one-half inch, or filler blocks shall be used on the rails between the cleats. The cleats shall be secured to each rail with three 10d common wire nails or other fasteners of equivalent strength. Cleats shall be uniformly spaced, 12 inches top-to-top. Double-head nails shall not be used for ladder construction.

(k) Every portable ladder shall be of such material, size, and construction that it will safely carry the load to be placed thereon. Ladders which are customarily used for special purposes, such as those used for access to and additional support for overhead platforms, ladder brackets, and ladder scaffolding, shall be of such design, material, and construction that they will support all normal loads which may be imposed upon them.

Note: It is recognized that the stresses in ladders are of a somewhat indeterminate nature and are difficult of analysis, but when the Division has determined that ladders may not safely carry the loads placed thereon, the Division may require that they be tested according to the following: The material, size, and construction of every portable ladder to be such that when placed at an angle obtained by moving the foot of the ladder out of the perpendicular a distance equal to 1/4 its length, it will support a vertical load of at least 200 pounds applied at the center of the middle step without imposing stresses in excess of the allowable working stresses of the material used in the ladder. The material, size, and construction of every fixed ladder to be such that it will support a vertical load of at least 200 pounds applied at the center of any step without imposing stresses in excess of the allowable safe working stresses of the materials used in the ladder.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (c) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

3. Amendment filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

4. Editorial correction of subsection (k) printing error (Register 86, No. 44).

5. Amendment of subsections (a)-(c) and repealer of subsection (l) filed 1-3-2000; operative 2-2-2000 (Register 2000, No. 1).

§1677. Manufactured Ladders--Specifications and Fabrication. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of subsections (a) and (b) to Section 1676 (k) and (l), and repealer of subsection (c) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

§1678. Extension Ladders. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

2. Repealer filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

Article 26. Saws--Power [Repealed]

Note: See General Industry Safety Orders Article 59 for regulations applying to woodworking machines.

HISTORY

1. Repealer of article 26 (sections 1680-1682) filed 8-15-86; effective thirtieth day thereafter (Register 86, No. 40).

Article 27. Powder-Actuated Tools

§1684. Tool Design Requirements.

Note • History

(a) Only powder-actuated tools shall be used that:

(1) are approved for their intended use as defined in Section 1505 of these orders, or

(2) have California approval numbers.

Exception: This article does not apply to devices designed for attaching objects to soft construction materials such as wood, plaster, tar, dry wallboard, or to stud welding equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 27 (Sections 1684-1692) and new Article 27 (Sections 1684-1692) filed 7-27-77; effective thirtieth day thereafter (Register 77, No. 31). For prior history, see Register 75, No. 2.

2. Repealer and new section filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

3. Amendment filed 4-22-98; operative 5-22-98 (Register 98, No. 17).

§1685. Operator and Instructor Qualifications.

Note • History

(a) Operator Qualifications.

(1) The employer shall ensure that only qualified persons who carry valid operator's cards for the tools used be permitted to operate powder-actuated tools.

Exception: A person who is receiving training may be permitted to operate a powder-actuated tool when under the direct supervision of a qualified instructor.

(2) The operators' cards shall be issued either by qualified instructors who carry a valid, authorized instructor(s) card(s) issued by the tool manufacturer(s) or by persons acceptable to the Division.

(b) Instructor Qualifications.

(1) Qualified instructors shall be trained in accordance with the training requirements established by either the tool manufacturer or by the Powder Actuated Tool Manufacturers Institute (PATMI).

(2) Instructors authorized by the Division shall certify in writing to the Division that they are knowledgeable in the use, maintenance and repair of the tool(s) that is (are) acceptable to the Division and that their instructions will cover applicable safety orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

§1686. Approvals. [Repealed]

History

HISTORY

1. Repealer filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

§1687. Container and Label Requirements.

Note • History

(a) A lockable container shall be provided and kept with each tool. The words “POWDER-ACTUATED TOOL” shall appear in plain sight on the outside of the container. The following notice shall be attached on the inside of the cover of the container:

“WARNING-POWDER-ACTUATED TOOL TO BE USED ONLY BY A QUALIFIED OPERATOR AND TO BE KEPT UNDER LOCK AND KEY WHEN NOT IN USE.”

(b) Each tool shall be supplied with the following:

(1) Operator's instruction and service manual.

(2) Power load and fastener chart.

(3) Tool inspection and service record.

(4) Service tools and accessories.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

§1688. Pole Tool Assemblies.

Note • History

(a) Only approved pole tool assemblies shall be used by employees.

Note: See Appendix Plate C-37 for pole tool approval criteria.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

§1689. Maintenance and Storage.

Note • History

(a) The tool shall be serviced and inspected for worn or damaged parts at regular intervals as recommended by the tool manufacturer. Prior to the tool being put back into use, all worn or damaged parts shall be replaced by a qualified person. A record of this inspection and service shall be noted and dated on the tool inspection record.

(b) Instruction manuals, maintenance tools and accessories supplied with the tool shall be stored in the tool container when not in use.

(c) Powder-actuated tools and power loads shall be locked in a container and stored in a safe place when not in use and shall be accessible only to authorized personnel.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

§1690. Limitations of Use.

Note • History

(a) The tool shall not be used in an explosive or flammable atmosphere.

(b) A loaded tool shall never be left unattended.

(c) Fasteners shall not be driven into very hard or brittle materials including, but not limited to, cast iron, glazed tile, hardened steel, glass block, natural rock, hollow tile or most brick.

(d) Fasteners shall not be driven into easily penetrated or thin materials or materials of questionable resistance unless backed by a material that will prevent the fastener from passing completely through the other side.

(e) Fasteners shall not be driven closer than 1/2 inch (13 mm) from the edge of steel except for specific applications recommended by the tool manufacturer.

(f) Fasteners shall not be driven closer than 3 inches (76 mm) from the unsupported edge of masonry materials except for specific applications recommended by the tool manufacturer.

(g) Fasteners shall not be driven into concrete unless material thickness is at least three times the fastener shank penetration.

(h) Fasteners shall not be driven into any spalled area.

(i) Fasteners shall not be driven through existing holes unless a specific guide means, as recommended and supplied by the tool manufacturer, is used to assure positive alignment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

§1691. Operation.

Note • History

The employer shall require that:

(a) Tools be operated in accordance with the manufacturer's instructions.

EXCEPTION: Loads and fasteners meeting Section 1691(f).

(b) Eye or face protection be worn by operators and assistants when the tool is in use.

(c) Prior to use, the operator inspect the tool to determine that it is in proper working condition in accordance with the testing methods recommended by the manufacturer of the tool.

(d) Any tool found not to be in working condition be immediately removed from service, tagged “DEFECTIVE” and not used until it has been repaired in accordance with the manufacturer's instructions.

(e) The shield, fixture, adapter, or accessory suited for the application as recommended and supplied by the manufacturer, be used.

(f) Only those fasteners and power loads recommended by the tool manufacturer for a particular tool, or those providing the same level of safety and performance, be used.

(g) Tools not be loaded until just prior to the intended firing time.

(h) If the work is interrupted after loading, then the tool shall be unloaded immediately.

(i) Neither loaded nor empty tools be pointed at any person.

(j) Hands and feet be kept clear of the open barrel end.

(k) The tool always be held perpendicular to the work surface when fastening into any material, except for specific applications recommended by the tool manufacturer.

(l) In the event of a misfire, the operator hold the tool firmly against the work surface for a period of 30 seconds and then follow the instructions set forth in the manufacturer's instructions.

(m) Power loads of different power levels and types be kept in separate compartments or containers.

(n) A sign at least 8 x 10 inches (20 x 25 cm), using boldface type no less than 1-inch (2.5 cm) in height, be conspicuously posted within 50 feet (15 m) of the area where the tools are being used. The sign shall bear wording similar to the following:

CAUTION

POWDER-ACTUATED TOOL IN USE

Note: Caution signs shall meet the requirements of Section 3340.

(o) Signs be removed promptly when no longer applicable.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (d) filed 5-8-78 as procedural and organizational; effective upon filing (Register 78, No. 18).

2. Amendment filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

3. Amendment of subsection (n) Note filed 2-5-97; operative 3-7-97 (Register 97, No. 6).

§1692. Power Loads.

Note • History

(a) Identification of Cased Power Loads. Cased power loads shall be coded to identify power load levels by case color and power load color as specified in Table 1.

(b) Identification of Caseless Power Loads. Caseless power loads shall be coded to identify power load levels by power load color as specified in Table 1 and by configuration.

(c) Power Load Use Limitation. No power load (cased or caseless) shall be used if it will properly chamber in any existing commercially available tool and will cause a fastener to have a test velocity in excess of the maximum test velocities specified for the tool.

(d) Identification of Power Load Packages. Power load packages shall provide a visual number-color indication of the power level of the power load as specified in Table 1.

Table 1

Power Load Identification

Nominal Nominal

Power Color Identification Velocity Velocity

Level Case Color Load Color (± 45'/s) (± 14m/s)

1 Brass Gray 300 90

2 Brass Brown 390 120

3 Brass Green 480 145

4 Brass Yellow 570 175

5 Brass Red 660 200

6 Brass Purple 750 230

7 Nickel Gray 840 255

8 Nickel Brown 930 285

9 Nickel Green 1020 310

10 Nickel Yellow 1110 340

11 Nickel Red 1200 365

12 Nickel Purple 1290 395

Note: The nominal velocity applies to a 3/8-inch (9 mm), 350-grain (113 carat) ballistic slug fired in a test device and has no reference to actual fastener velocity developed in any specific tool.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

Article 28. Miscellaneous Construction Tools and Equipment

§1693. Temporary Heating Devices.

Note • History

(a) Temporary heating devices shall be of an approved type.

(b) Ventilation.

Fresh air shall be supplied in sufficient quantities to maintain the health and safety of employees. Where natural means of fresh air supply is inadequate, mechanical ventilation shall be provided.

(1) Temporary heating devices shall be installed to provide clearance to combustible material not less than the amount in Table A.

(2) Temporary heating devices, which are listed for installation with lesser clearances than specified in Table A, may be installed in accordance with their approval.

Table A

MINIMUM CLEARANCE

(Inches)

Heating Chimney

Appliances Sides Rear Connector

Room heater, circulating type 12 12 18

Room heater, radiant-type 36 36 18

(3) Heaters not intended by the manufacturer for use on wood floors shall not be set directly upon them or other combustible materials. When such heaters are used, they shall rest on suitable heat insulating material or at least 1-inch concrete, or equivalent. The insulating material shall extend beyond the heater 2 feet or more in all directions.

(4) Heaters used in the vicinity of combustible tarpaulins, canvas, or similar coverings shall be located at least 10 feet from the coverings. All coverings shall be securely fastened so as to prevent action by the wind from displacing a loose covering and upsetting the heater or igniting the coverings.

(d) Stability. Heaters, when in use, shall be set horizontally level, unless otherwise permitted by the manufacturer's markings.

(e) Solid Fuel Salamanders.

Solid fuel salamanders are prohibited in buildings and on scaffolds.

(f) Oil-Fired Heaters.

(1) Flammable liquid-fired heaters shall be equipped with a primary safety control to stop the flow of fuel in the event of flame failure. Barometric or gravity oil feed shall not be considered a primary safety control.

(2) Heaters designed for barometric or gravity oil feed shall be used only with the integral tanks.

(3) Heaters specifically designed and approved for use with separate supply tanks may be directly connected for gravity feed, or an automatic pump, from a supply tank.

(g) Fire Protection.

At least a 4A:40-B:C rated fire extinguisher shall be readily available for use when temporary heating devices are used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-17-75; effective thirtieth day thereafter (Register 75, No. 42).

2. Amendment of subsections (b)-(e) and (g) filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1694. Sideboom Cranes.

Note • History

(a) Sideboom cranes mounted on wheel or crawler tractors and manufactured prior to July 7, 2011 shall meet the requirements of SAE J 743 DEC80.

(b) Effective July 7, 2011 the provisions of this Article 15 apply, except Section 1610.5 (Ground conditions), Section 1615.1 (Safety devices), Section 1615.2 (Operational aids), and Section 1618.1 (Operator Qualification and Certification).

(c) Section 1616.5 (Free fall and controlled load lowering) applies, except Section 1615.5(a)(2)(A). Sideboom cranes in which the boom is designed to free fall (live boom) are permitted only if manufactured prior to July 7, 2011.

(d) Sideboom cranes mounted on wheel or crawler tractors shall meet all of the following requirements of ASME B30.14-2004 (incorporated by reference):

(1) Section 14-1.1 (“Load Ratings”).

(2) Section 14-1.3 (“Side Boom Tractor Travel”).

(3) Section 14-1.5 (“Ropes and Reeving Accessories”).

(4) Section 14-1.7.1 (“Booms”).

(5) Section 14-1.7.2 (“General Requirements - Exhaust Gases”).

(6) Section 14-1.7.3 (“General requirements -- Stabilizers (Wheel-Type Side Boom Tractors)”).

(7) Section 14-1.7.4 (“General Requirements -- Welded Construction”).

(8) Section 14-1.7.6 (“General Requirements -- Clutch and Brake Protection”).

(9) Section 14-2.2.2 (“Testing -- Rated Load Test”), except that it applies only to equipment that has been altered or modified.

(10) In section 14-3.1.2 (“Operator Qualifications”), paragraph (a), except the phrase “When required by law.”

(11) In section 14-3.1.3 (“Operating Practices”), paragraphs (e), (f)(1)-(f)(4), (f)(6), (f)(7), (h), and (i).

(12) In section 14-3.2.3 (“Moving the Load”), paragraphs (j), (l), and (m).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Amendment filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

3. Editorial correction of printing error (Register 89, No. 19).

4. Amendment filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§1695. Pneumatic Impact Tools. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

2. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1696. Portable Compressors.

Note • History

(a) When portable compressors on wheels stand unattached to other equipment, they shall be positively locked, blocked, or otherwise adequately prevented from rolling.

(b) Fans shall be guarded with a shroud or side screens.

(d) Compressor safety valves shall be popped at least weekly.

(e) Compressed air tanks shall comply with all applicable safety orders of Article 3 of the Unfired Pressure Vessel Safety Orders, Title 8, California Code of Regulations, applying to tank design, safety devices and operating permits.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (e) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

2. Amendment of subsection (c) filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

3. Change without regulatory effect amending subsection (e) filed 10-29-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 44).

§1697. Weed Burner Pressure Hoses.

Note • History

The hose on weed-burning equipment shall be of a type designed to handle the pressure and solvents used. Water hose shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New note filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1698. Concrete and Masonry Equipment.

Note • History

(a) Concrete Mixers. Concrete mixers equipped with 1-yard, or larger, loading skips shall be provided with a device to clear the skip of material. Skip clearing shall not be done by a worker standing under or near a raised skip while striking it with a hand-held implement.

(b) On concrete mixers of 1 yard capacity, or larger, guardrails of pipe or similar material shall be provided on each side of the dangerous area under the raised skip.

(c) Bull float handles, which could come in contact with energized electrical conductors, shall be constructed of nonconductive material.

(d) Concrete troweling machines--of the powered, rotating-blade type--that are guided manually shall be equipped with a control or switch that will automatically shut off the power whenever the operator's hands are removed from the equipment handles.

(e) Mortar, Plaster or Fireproofing Mixers.

(1) Grid guards on mortar, plaster or fireproofing mixers of 1 yard capacity or smaller shall have a grid opening not to exceed 16 square inches with a minimum clearance of 5 inches from the top of the grid guard to the top of the mixing paddles.

(2) All mortar, plaster or fireproofing mixers of 1 yard capacity or smaller ordered or purchased after the effective date of this regulation shall be equipped with grid guards with an opening not to exceed 16 square inches with a minimum clearance of 5 inches from the top of the grid guard to the top of the mixing paddles.

(f) Tremies. Sections of tremies and similar concrete conveyances shall be secured with wire rope in addition to the regular couplings or connections.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (d) and new subsection (e) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 35).

2. New subsection (f) filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

3. Change without regulatory effect amending subsection (b) filed 6-22-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 26).

4. Repealer and new subsection (c) filed 10-21-99; operative 11-20-99 (Register 99, No. 43).

5. Amendment of subsections (e)(1) and (e)(2) filed 10-23-2001; operative 11-22-2001 (Register 2001, No. 43).

§1699. Hand Tools.

Note • History

(a) Tools having mushroomed heads, split or defective handles, worn parts, or other defects that impair their strength or render them unsafe for use shall be removed from service and shall not be reissued until the necessary repairs have been made.

(b) Tools not needed for the work to be done shall not be left on scaffolds, ladders, or overhead levels. When work is being performed overhead on scaffolds, ladders, or on other surfaces, positive methods shall be used to prevent tools from falling.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New note filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1700. Application Equipment.

Note • History

When air hose, water hose, electric cable, or other equipment of this type is used on staging or other elevated locations by an employee, it shall be securely fastened to a substantial anchorage independent of the employee. The anchorage shall be at or near the working level, and the hose or other equipment shall be attached at a point no more than 15 feet from the working end.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1701. Hot Pipes and Hot Surfaces. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1702. Warning Signs. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1703. Rigging Equipment. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1704. Pneumatically-Driven Nailers and Staplers.

Note • History

(a) Definitions.

(1) Light-Duty Nailers and Staplers: Tools designed to only drive fasteners meeting both of these requirements:

(A) Fasteners 1-inch nominal length or shorter.

(B) Fasteners made from wire with cross sectional area less than 18 ASWG.

(2) Mode of actuation: The use of a trigger, workpiece contact and/or other operating control, separately or in some combination or sequence, to actuate the tool. Modes of actuation include “bump fire” and sequential modes.

(b) General.

(1) All pneumatically-driven nailers and staplers shall have a safety device on the muzzle to prevent the tool from operating unless the muzzle is in contact with the work surface, to prevent accidental discharge.

Exception: Light-Duty Nailers and Staplers.

(2) All pneumatically-driven nailers and staplers shall be operated and maintained in accordance with the manufacturer's operating and safety instructions.

(3) Personal protective equipment shall be utilized in accordance with Construction Safety Orders Section 1514.

(4) Operating controls shall not be removed, tampered with, altered, or otherwise disabled.

(5) Pneumatically-driven nailers and staplers shall be connected to the air supply with a safety disconnect that consists of a spring loaded shut-off valve and a positive locking mechanism to prevent the tool from becoming accidentally disconnected.

(6) Tools shall be equipped with a fitting that will discharge all compressed air in the tool at the time the fitting or hose coupling is disconnected.

(1) performing any maintenance or repair on the tool, or

(2) clearing a jam.

(d) On roofs sloped steeper than 7:12 the air hose shall be secured at roof level in such a manner as to provide ample, but not excessive, amounts of hose.

(e) All pneumatic hoses exceeding 1/2-inch inside diameter shall have a safety device at the source of supply or branch line to reduce pressure in case of hose failure.

(f) The employer's written Code of Safe Practices shall include provisions for the use of pneumatically-driven nailers and staplers where applicable.

(g) Training.

(1) The requirements of this Section shall apply in addition to training required by Construction Safety Orders, Section 1509, and General Industry Safety Orders, Section 3203(a)(7).

(2) Safety training shall be conducted prior to initial assignment to operate pneumatically-driven nailers or staplers.

(3) Refresher training shall be provided to the operator when:

(A) The operator has been observed using the pneumatically-driven nailer or stapler in an unsafe manner; or

(B) The operator has been involved in an accident.

(4) Safety training shall include, but not be limited to, the following elements:

(A) The employer's Code of Safe Practices for pneumatically-driven nailers or staplers.

(B) The hazards related to each mode of actuation for pneumatically-driven nailers and staplers.

(5) Training shall be conducted by a qualified person.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

2. Amendment filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

3. Amendment of section heading and section filed 10-31-2007; operative 11-30-2007 (Register 2007, No. 44).

§1705. Airless Spray Guns. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1706. LP-Gas Fired Space Heaters.

Note • History

(a) The floor areas immediately adjacent to where such heaters are used must be kept clean and clear of combustible materials.

(b) While a building is under construction or alteration and before occupancy, not more than 60 U. S. gallons of LP-Gas shall be permitted in any one room having a floor area of 2,000 square feet or less or in any floor area of 2,000 square feet in rooms having floor areas exceeding 2,000 square feet. Under all other conditions the provisions of Section 492 (a) of the Unfired Pressure Vessel Safety Orders shall apply.

The maximum water capacity of individual containers shall be 245 pounds (nominal 30 gallons LP-Gas).

(c) No cylinders or tanks of LP-Gas shall be filled or stored in any building under construction or renovation. The cylinders shall be removed from the building and into an area at least 10 feet from any building or source of ignition when being refilled.

Container safety relief devices and regulator relief vents shall be located at least 5 feet in any direction from air openings into sealed combustion system appliances or mechanical ventilation air intakes.

(d) The valves and connections on the cylinders shall be protected by a cap or collar during transportation, storage, and handling to prevent damage to the valves and fittings, and shall be protected from damage while in use.

(e) The cylinders shall be in a position to keep the safety valve in direct communication with the vapor space in the cylinder at all times.

(f) When in use, the LPG cylinder shall be installed so that the heat from the burner will not increase temperature of the tank more than 10 degrees Fahrenheit above that ambient at the installation after 1 hour of operation of the burner at full capacity. “In use” means connected for use.

(g) Means shall be provided to prevent the cylinders from being accidentally knocked over or upset. This can be done by chaining or securing each cylinder to a column or wall or by use of a stand.

Containers, regulating equipment, manifolds, pipe, tubing, and hose shall be located to minimize exposure to high temperatures or physical damage.

(h) Adequate ventilation close to the floor must be provided so any escaping or unburnt gas is dispersed.

(i) Heaters shall be equipped with a 100 percent safety pilot, have regulation stamped LP-Gas hose and LP-Gas pressure regulator, and be in safe working order.

Note: The fire department having jurisdiction in the area where LP-Gas is used in this service shall be notified before LP-Gas heaters are used.

(j) Heaters shall be equipped with an approved regulator in the supply line between the fuel cylinder and the heater unit. Cylinder connectors larger than 1/2 inch pipe size shall be provided with an excess flow valve to minimize the flow of gas in the event the fuel line becomes ruptured.

(k) Regulators and low-pressure relief devices shall be rigidly attached to the cylinder valves, cylinders, supporting standards, the building walls, or otherwise rigidly secured, and shall be so installed or protected that the elements (rain, sleet, snow or ice) will not affect their operation.

(1) Hose shall be designed for a working pressure of at least 250 p.s.i. Design, construction, and performance of hose, and hose connections shall have their suitability determined by listing by a nationally recognized testing agency. The hose length shall be as short as practicable. Hoses shall be long enough to permit compliance with spacing provisions without kinking or straining, or causing hose to be so close to a burner as to be damaged by heat.

(m) For temporary heating, heaters (other than integral heater-container units) shall be located at least 6 feet from any LP-Gas container. This shall not prohibit the use of heaters specifically designed for attachment to the container or to a supporting standard, provided they are designed and installed so as to prevent direct or radiant heat application from the heater onto the containers. Blower and radiant type heaters shall not be directed toward any LP-Gas container within 20 feet.

(n) Container valves, connectors, regulators, manifolds, piping, and tubing shall not be used as structural supports for heaters.

(o) If two or more heater-container units, of either the integral or nonintegral type, are located in an unpartitioned area on the same floor, the container or containers of each unit shall be separated from the container or containers of any other unit by at least 20 feet.

(p) When heaters are connected to containers for use in an unpartitioned area on the same floor, the total water capacity of containers, manifolded together for connection to a heater or heaters, shall not be greater than 735 pounds (nominal 300 pounds LP-Gas capacity). Such manifolds shall be separated by at least 20 feet.

(q) The storage of containers awaiting use shall comply with Section 1706(r) and Unfired Pressure Vessel Safety Orders Section 492.

(r) Storage outside of buildings, for containers awaiting use, shall be located from the nearest building or group of buildings, in accordance with the following:

Quantity of LP-Gas stored: Distance

(feet)

500 lbs 0

501 to 6,000 lbs 10

6,001 to 10,000 20

Over 10,000 lbs 25

(s) Containers shall be in a suitable ventilated enclosure or otherwise protected against tampering.

(t) Storage locations shall be provided with at least one approved portable fire extinguisher having a rating of not less than 30-BC.

(u) Any welding on containers on a construction site is prohibited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-24-75; effective thirtieth day thereafter (Register 75, No. 43).

2. Amendment of subsections (b), (c), (g), and (q) filed 1-13-87; effective thirtieth day thereafter (Register 87, No.4).

§1707. Power-Operated Hand Tools.

Note • History

(a) Electric Power-Operated Tools. The use of electric cords for hoisting or lowering tools shall not be permitted.

(b) Pneumatic Power Tools.

(1) All hose connections including that one at the tool shall be secured by some positive means to prevent accidental disconnection unless a suitable ball check device or equivalent is provided at the air source.

(2) The manufacturer's safe operating pressure for hoses, pipes, valves, filters, and other fittings shall not be exceeded.

(3) The use of hoses for hoisting or lowering tools shall not be permitted.

(c) Hydraulic Power Tools. The manufacturer's safe operating pressures for hoses, valves, pipes, filters, and other fittings shall not be exceeded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

2. Amendment filed 1-15-75 as an emergency; designated effective 2-6-75. Certificate of Compliance included (Register 75, No. 2).

3. Repealer and new section filed 2-6-76; effective thirtieth day thereafter (Register 76, No. 6).

4. Amendment filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

5. Change without regulatory effect relettering former subsection (d) to subsection (c) (Register 87, No. 20).

§1708. Jacks--Lever and Ratchet, Screw, and Hydraulic. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-75; effective thirtieth day thereafter (Register 75, No. 2).

2. Amendment filed 1-15-75; designated effective 2-6-75. Certificate of Compliance included (Register 75, No. 2).

3. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

Article 29. Erection and Construction

§1709. General Requirements.

Note • History

(a) No building, structure, or part thereof, or any temporary support or scaffolding in connection therewith shall be subjected to any load beyond its design load strength, unless the employer determines, based on information received from a qualified person who is experienced in structural design, that the structure or portion of the structure is capable of safely supporting the load. For the purpose of this subsection, the design load strength refers to the load bearing capacity of a structural member(s) computed on the basis of the allowable stresses which are assumed in the design.

(b) Bracing.

(1) Trusses and beams shall be braced laterally and progressively during construction to prevent buckling or overturning.

(2) The first member shall be plumbed, connected, braced and/or guyed against shifting before succeeding members are erected and secured to it.

(3) The total system shall be adequately braced and stabilized to the foundation, to suitable anchors buried in the ground, or by other equivalent method(s).

(4) Beams, trusses and other material being lifted and placed by cranes or other hoisting apparatus shall not be released from the crane or hoisting apparatus until the person detaching the load has verified that the load has been secured or supported to prevent inadvertent movement.

(1) In the erection of a building having double wood floor construction, the rough flooring shall be completed as the building progresses, including the tier below the one on which floor joists are being installed.

(2) For single wood floor or other flooring systems, the floor immediately below the story where the floor joists are being installed shall be kept planked or decked over.

(d) Erection Guide for Trusses and Beams Over 25 Feet Long. The employer shall provide an erection plan and procedure prepared by a civil engineer currently registered in California which shall be followed and kept available on the job site for inspection by the Division.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from section 1710 filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

3. Editorial correction adding article heading (Register 91, No. 23).

4. Amendment of section heading, designation of first paragraph as subsection (a) and new subsections (b)-(d) filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

5. Amendment of subsection (a) filed 12-29-2010; operative 1-28-2011 (Register 2010, No. 53).

§1710. Structural Steel Erection.

Note • History

(a) Scope and application.

(1) This section sets forth requirements to protect employees from the hazards associated with steel erection activities involved in the construction, alteration, and/or repair of single and multi-story buildings, bridges, and other structures where steel erection occurs. The requirements of this section apply to employers engaged in steel erection unless otherwise specified.

Exception: This section does not cover electrical transmission towers, communication and broadcast towers, or tanks.

NOTE: Additional requirements for work on steel framed structures are contained in Article 20, Section 1635(b) of these orders.

(2) Steel erection activities include hoisting, connecting, welding, bolting, and rigging structural steel, steel joists and metal buildings; installing metal deck, siding systems, miscellaneous metals, ornamental iron and similar materials; and moving from point-to-point to perform these activities.

(3) The duties of controlling contractors under this section include the duties specified in (c)(1) & (3), (f)(2)(B), (j)(2) and (o) of this section.

(4) Effective date for the design component requirements of this section. This section contains a number of provisions that address the safety of certain structural components referred to as “component requirements.” The design component requirements contained in subsections, (e)(1)(A), (f)(1), (g)(4), (g)(5), (g)(6), (h)(1)(A)1., (h)(1)(G)1., (i)(2), and (i)(5) will not apply to the project if the project was permitted, or steel erection commenced prior to the effective date of May 1, 2002.

(b) Definitions.

“Anchored bridging” means that the steel joist bridging is connected to a bridging terminus point.

“Bolted diagonal bridging” means diagonal bridging that is bolted to a steel joist or joists.

“Bridging clip” means a device that is attached to the steel joist to allow the bolting of the bridging to the steel joist.

“Bridging terminus point” means a wall, a beam, tandem joists (with all bridging installed and a horizontal truss in the plane of the top chord) or other element at an end or intermediate point(s) of a line of bridging that provides an anchor point for the steel joist bridging.

“Cold forming” means the process of using press brakes, rolls, or other methods to shape steel into desired cross sections at room temperature.

“Column” means a load-carrying vertical member that is part of the primary skeletal framing system. Columns do not include posts.

“Connector” means an employee who, working with hoisting equipment, is placing and connecting beams or other structural members.

“Constructibility” means the ability to erect structural steel members in accordance with Section 1710 without having to alter the over-all structural design.

“Construction load” (for joist erection) means any load other than the weight of the employee(s), the joists and the bridging bundle.

“Controlled Decking Zone (CDZ)” means an area established specifically for the initial placement and securing of metal decking where access to the area is restricted and work may take place without the use of a personal fall protection system when the provisions of Section 1710(n) are met.

“Controlled load lowering” means lowering a load by means of a mechanical hoist drum device that allows a hoisted load to be lowered with maximum control using the gear train or hydraulic components of the hoist mechanism. Controlled load lowering requires the use of the hoist drive motor, rather than the load hoist brake, to lower the load.

“Controlling contractor” means a prime contractor, general contractor, construction manager or any other legal entity which has the overall responsibility for the construction of the project -- its planning, quality and completion.

“Critical lift” (used in Appendix C to Section 1710) means a lift that exceeds 75 percent of the rated capacity of the crane or derrick, or requires the use of more than one crane or derrick.

“Derrick floor” (working floor) means an elevated floor of a building or structure that has been designated to receive hoisted pieces of steel prior to final placement.

“Double connection” means an attachment method where the connection point is intended for two pieces of steel which share common bolts on either side of a central piece.

“Double connection seat” means a structural attachment that, during the installation of a double connection, supports the first member while the second member is connected.

“Erection bridging” means the bolted diagonal bridging that is required to be installed prior to releasing the hoisting cables from the steel joists.

“Girt” (in systems-engineered metal buildings) means a “Z” or “C” shaped member formed from sheet steel spanning between primary framing and supporting wall material.

“Metal decking” means a commercially manufactured, structural grade, cold rolled metal panel formed into a series of parallel ribs; for this section, this includes metal floor and roof decks, standing seam metal roofs, other metal roof systems and other products such as bar gratings, checker plate, expanded metal panels, and similar products. After installation and proper fastening, these decking materials serve a combination of functions including, but not limited to: a structural element designed in combination with the structure to resist, distribute and transfer loads, stiffen the structure and provide a diaphragm action; a walking/working surface; a form for concrete slabs; a support for roofing systems; and a finished floor or roof.

“Multiple lift rigging” means rigging manufactured by rigging suppliers that facilitates the attachment of up to five independent loads to the hoist rigging of a crane.

“Permanent floor” means a structurally completed floor at any level or elevation (including slab on grade).

“Post” means a structural member with a longitudinal axis that is essentially vertical, that weighs 300 pounds or less and is axially loaded (a load presses down on the top end), or is not axially loaded, but is laterally restrained by the above member. Posts typically support stair landings, wall framing, mezzanines and other substructures.

“Project structural engineer of record” means the registered, California licensed engineer responsible for the design of structural steel framing and whose seal appears on the structural contract documents.

“Purlin” (in systems-engineered metal buildings) means a “Z” or “C” shaped member formed from sheet steel spanning between primary framing and supporting roof material.

“Safety deck attachment” means an initial attachment that is used to secure an initially placed sheet of decking to keep proper alignment and bearing with structural support members.

“Shear connector” means headed steel studs, steel bars, steel lugs, and similar devices which are attached to a structural member for the purpose of achieving composite action with concrete.

“Steel erection” means the construction, alteration or repair of steel buildings, bridges and other structures, including the installation of metal decking and all planking used during the process of erection.

“Steel joist” means an open web, secondary load-carrying member of 144 feet (43.9 m) or less, designed by the manufacturer, used for the support of floors and roofs. This does not include structural steel trusses or cold-formed joists.

“Steel joist girder” means an open web, primary load-carrying member, designed by the manufacturer, used for the support of floors and roofs. This does not include structural steel trusses.

“Steel truss” means an open web member designed of structural steel components by the project structural engineer of record. For the purposes of this section, a steel truss is considered equivalent to a solid web structural member.

“Structural steel” means a steel member, or a member made of a substitute material. These members include, but are not limited to, steel joists, joist girders, purlins, columns, beams, trusses, splices, seats, metal decking, girts, and all bridging, and cold formed metal framing which is integrated with the structural steel framing of a building.

“Systems-engineered metal building” means a metal, field-assembled building system consisting of framing, roof and wall coverings. Typically, many of these components are cold-formed shapes. These individual parts are fabricated in one or more manufacturing facilities and shipped to the job site for assembly into the final structure. The engineering design of the system is normally the responsibility of the systems-engineered metal building manufacturer.

“Tank” means a container for holding gases, liquids or solids.

(1) Approval to begin steel erection. Before authorizing the commencement of steel erection, the controlling contractor shall ensure that the steel erector is provided with the following written notifications:

(A) The concrete in the footings, piers and walls and the mortar in the masonry piers and walls has attained, on the basis of an approved test method of field-cured samples (i.e. appropriate ASTM standard test method), either 75 percent of the intended minimum compressive design strength or sufficient strength to support the loads imposed during steel erection.

(B) Any repairs, replacements and modifications to the anchor bolts were conducted in accordance with Section 1710(f)(2).

(2) Commencement of steel erection. A steel erection contractor shall not erect steel unless it has received written notification that the concrete in the footings, piers and walls or the mortar in the masonry piers and walls has attained, on the basis of an approved test method of field-cured samples (i.e., appropriate ASTM standard test method), either 75 percent of the intended minimum compressive design strength or sufficient strength to support the loads imposed during steel erection.

(3) Site layout. The controlling contractor shall ensure that the following is provided and maintained:

(A) Adequate access roads into and through the site for the safe delivery and movement of derricks, cranes, trucks, other necessary equipment, and the material to be erected and means and methods for pedestrian and vehicular control.

Exception: This requirement does not apply to roads outside of the construction site.

(B) A firm, properly graded, drained area, adequately compacted to support the intended loads, readily accessible to the work with adequate space for the safe storage of materials and the safe operation of the erector's equipment.

(4) Pre-planning of overhead hoisting operations. All hoisting operations in steel erection shall be pre-planned to ensure that the requirements of Section 1710(d)(1) are met.

(5) Site-specific erection plan. Where employers elect, due to conditions specific to the site, to develop alternate means and methods that provide employee protection in accordance with Sections 1710(d)(9), 1710(h)(1)(C) or 1710(h)(5)(D), a site-specific erection plan shall be developed by a qualified person and be available at the work site. Guidelines for establishing a site-specific erection plan are contained in Appendix C of this section.

(d) Hoisting and rigging.

(1) Working under loads.

(A) Routes for suspended loads shall be pre-planned to ensure that no employee is working below a suspended load except as necessary for:

1. Connectors making the initial connection of the steel; or

2. Riggers when hooking or unhooking of the load.

(B) When working under suspended loads, the following criteria shall be met:

1. Materials being hoisted shall be rigged to prevent unintentional displacement;

2. Hooks with self-closing safety latches or their equivalent shall be used to prevent components from slipping out of the hook; and

3. All loads shall be rigged by a qualified rigger.

(2) Multiple Lift Rigging Procedure.

(A) A multiple lift shall only be performed if the following criteria are met:

1. A multiple lift rigging assembly is used;

2. A maximum of five members are hoisted per lift;

3. Rigging procedures shall prevent hazardous contact between the structural steel members being hoisted and adjacent structures or workers;

4. Only beams and similar structural members are lifted;

5. All employees engaged in the multiple lift have been trained in these procedures in accordance with Section 1710(q)(3)(A); and

6. No crane is permitted to be used for a multiple lift where such use is contrary to the manufacturer's specifications and limitations.

(B) Components of the multiple lift rigging assembly shall be specifically designed and assembled to support the maximum capacity for the total assembly and for each individual attachment point. This capacity, certified by the manufacturer, shall be based on the manufacturer's specifications with a 5 to 1 safety factor for all components.

1. 75 percent of the rated capacity of the hoisting equipment specified in the hoisting equipment load charts;

2. The rigging capacity specified by the manufacturer.

(D) The multiple lift rigging assembly shall be rigged with members:

1. Attached at their center of gravity and maintained reasonably level;

2. Rigged from top down; and

3. Rigged at least 7 feet (2.1 m) apart.

(E) The members on the multiple lift rigging assembly shall be set from the bottom up.

(F) Controlled load lowering shall be used whenever the load is over the connectors.

(3) Whenever there is any doubt as to safety, the crane or derrick operator shall have the authority to stop and refuse to handle loads until safety has been assured.

(4) Metal decking bundles shall be landed on framing members so that enough support is provided to allow the bundles to be unbanded without dislodging the bundles from the supports.

(5) Temporary loads placed on a derrick floor shall be distributed over the underlying support members so as to prevent local overloading of the deck material.

(6) Bundle packaging and strapping shall not be used for hoisting unless specifically designed for that purpose.

(7) If loose items such as dunnage, flashing, or other materials are placed on the top of metal decking bundles to be hoisted, such items shall be secured to the bundles.

(8) Cranes or derricks may be used to hoist employees on a personnel platform when work under this section is being conducted, provided the provisions of General Industry Safety Orders, Section 5004 [except for subsection (c)] are met.

(9) Safety latches on hooks shall not be deactivated or made inoperable except:

(A) When a qualified rigger has determined that the hoisting and placing of purlins and single joists can be performed more safely by doing so; and

(B) When the steel erector develops and implements a site-specific erection plan that ensures the load will not travel over or expose employees in other trades to the hazards of suspended loads.

NOTE: Other applicable regulations pertaining to hoisting and rigging operations for the use of cranes and derricks in steel erection construction are contained in the General Industry Safety Orders, Group 13, Cranes and Other Hoisting Equipment.

(e) Walking/working surfaces.

(1) Shear connectors and other similar devices.

(A) Tripping hazards. Shear connectors (such as headed steel studs, steel bars or steel lugs), reinforcing bars, deformed anchors or threaded studs shall not be attached to the top flanges of beams, joists or beam attachments so that they project vertically from or horizontally across the top flange of the member until after the metal decking, or other walking/working surface, has been installed.

(B) Installation of shear connectors on composite floors, roofs and bridge decks. When shear connectors are used in construction of composite floors, roofs and bridge decks, employees shall lay out and install the shear connectors after the metal decking has been installed, using the metal decking as a working platform.

NOTE: Section 1710(n)(8) prohibits the installation of shear connectors within a controlled decking zone.

(f) Column anchorage.

(1) General requirements for erection stability.

(A) All columns shall be anchored by a minimum of 4 anchor rods (anchor bolts).

Exception: When columns are braced or guyed to provide the stability to support an eccentric load as specified in subsection (f)(1)(B) of this section.

(B) Each column anchor rod (anchor bolt) assembly, including the column-to-base plate weld and the column foundation, shall be designed to resist a minimum eccentric gravity load of 300 pounds (136.2 kg) located 18 inches (.46m) from the extreme outer face of the column in each direction at the top of the column shaft.

(C) Columns shall be set on level finished floors, pre-grouted leveling plates, leveling nuts, or shim packs which are adequate to transfer the construction loads.

(D) All columns shall be evaluated by a competent person to determine whether guying or bracing is needed; if guying or bracing is needed, it shall be installed.

(2) Repair, replacement or field modification of anchor rods (anchor bolts).

(A) Anchor rods (anchor bolts) shall not be repaired, replaced or field-modified without the approval of the project structural engineer of record.

NOTE: Minor adjustment of anchor rods (anchor bolts) that do not affect the structural integrity of anchor rods (anchor bolts) are not considered “repairs” for the purposes of this subsection.

(B) Prior to the erection of a column, the controlling contractor shall provide written notification to the steel erector if there has been any repair, replacement or modification of the anchor rods (anchor bolts) of that column.

(g) Beams and columns.

(1) During the final placing of solid web structural members, the load shall not be released from the hoisting line until the members are secured with at least two bolts per connection, of the same size and strength as shown in the erection drawings, drawn up wrench-tight or the equivalent as specified by the project structural engineer of record, except as specified in subsection (g)(3) of this section.

(2) A competent person shall determine if more than two bolts are necessary to ensure the stability of cantilevered members; if additional bolts are needed, they shall be installed.

(3) Diagonal bracing. Solid web structural members used as diagonal bracing shall be secured by at least one bolt per connection drawn up wrench-tight or the equivalent as specified by the project structural engineer of record.

(4) Double connections at columns and/or at beam webs over a column.

(A) When two structural members on opposite sides of a column web, or a beam web over a column, are connected sharing common connection holes, at least one bolt with its wrench-tight nut shall remain connected to the first member unless a shop-attached or field-attached seat or equivalent connection device is supplied with the member to secure the first member and prevent the column from being displaced (See Appendix B of this section for examples of equivalent connection devices).

(B) If a seat or equivalent device is used, the seat (or device) shall be designed to support the load during the double connection process. It shall be adequately bolted or welded to both a supporting member and the first member before the nuts on the shared bolts are removed to make the double connection.

(5) Column splices. Each column splice shall be designed to resist a minimum eccentric gravity load of 300 pounds (136.2 kg) located 18 inches (.46 m) from the extreme outer face of the column in each direction at the top of the column shaft.

(6) Perimeter columns. Perimeter columns shall not be erected unless:

(A) The perimeter columns extend a minimum of 48 inches (1.2 m) above the finished floor to permit installation of perimeter safety cables prior to erection of the next tier, except where constructibility does not allow.

(B) The perimeter columns have holes or other devices in or attached to perimeter columns at 42-45 inches (107-114 cm) above the finished floor and the midpoint between the finished floor and the top cable to permit installation of perimeter safety cables (wire rope) required by subsection (l)(3) of this section, except where constructibility does not allow.

(h) Open web steel joists.

(1) General.

(A) Except as provided in subsection (h)(1)(B) of this section, where steel joists are used and columns are not framed in at least two directions with solid web structural steel members, a steel joist shall be field-bolted at the column to provide lateral stability to the column during erection. For the installation of this joist:

1. A vertical stabilizer plate shall be provided on each column for steel joists. The plate shall be a minimum of 6 inch by 6 inch (152 mm by 152 mm) and shall extend at least 3 inches (76 mm) below the bottom chord of the joist with a 13/16 inch (21 mm) hole to provide an attachment point for guying or plumbing cables.

2. The bottom chords of steel joists at columns shall be stabilized to prevent rotation during erection.

3. Hoisting cables shall not be released until the seat at each end of the steel joist is field-bolted, and each end of the bottom chord is restrained by the column stabilizer plate.

(B) Where constructibility does not allow a steel joist to be installed at the column:

1. An alternate means of stabilizing joists shall be installed on both sides near the column and shall:

a. Provide stability equivalent to subsection (h)(1)(A) of this section;

b. be designed by a qualified person;

c. be shop installed; and

d. be included in the erection drawings.

2. Hoisting cables shall not be released until the seat at each end of the steel joist is field-bolted and the joist is stabilized.

(C) Where steel joists at or near columns span more than 60 feet (18.3 m), the joists shall be set in tandem with all bridging installed unless an alternative method of erection, which provides equivalent stability to the steel joist, is designed by a qualified person and is included in the site-specific erection plan.

(D) A steel joist or steel joist girder shall not be placed on any support structure unless such structure is stabilized.

(E) When steel joist(s) are landed on a structure, they shall be secured to prevent unintentional displacement prior to installation.

(F) No modification that affects the strength of a steel joist or steel joist girder shall be made without the approval of the project structural engineer of record.

(G) Field-bolted joists.

1. Except for steel joists that have been pre-assembled into panels, connections of individual steel joists to steel structures in bays of 40 feet (12.2 m) or more shall be fabricated to allow for field bolting during erection.

2. These connections shall be field-bolted unless constructibility does not allow.

(H) Steel joists and steel joist girders shall not be used as anchorage points for a fall arrest system unless written approval to do so is obtained from a qualified person.

(I) A bridging terminus point shall be established before bridging is installed. (See Appendix A of this section.)

(2) Attachment of steel joists and steel joist girders.

(A) Each end of “K” series steel joists shall be attached to the support structure with a minimum of two 1/8-inch (3 mm) fillet welds 1 inch (25 mm) long or with two 1/2-inch (13 mm) bolts, or the equivalent.

(B) Each end of “LH” and “DLH” series steel joists and steel joist girders shall be attached to the support structure with a minimum of two 1/4-inch (6 mm) fillet welds 2 inches (51 mm) long, or with two 3/4-inch (19 mm) bolts, or the equivalent.

(C) Except as provided in subsection (h)(2)(D) of this section, each steel joist shall be attached to the support structure, at least at one end on both sides of the seat, immediately upon placement in the final erection position and before additional joists are placed.

(D) Panels that have been pre-assembled from steel joists with bridging shall be attached to the structure at each corner before the hoisting cables are released.

(3) Erection of steel joists.

(A) Both sides of the seat of one end of each steel joist that requires bridging under Tables A and B shall be attached to the support structure before hoisting cables are released.

(B) For joists over 60 feet, both ends of the joist shall be attached as specified in subsection (h)(2) of this section and the provisions of subsection (h)(4) of this section met before the hoisting cables are released.

(C) On steel joists that do not require erection bridging under Tables A and B, only one employee shall be allowed on the joist until all bridging is installed and anchored.

(D) Employees shall not be allowed on steel joists where the span of the steel joist is equal to or greater than the span shown in Tables A and B except in accordance with subsection (h)(4) of this section.

(E) When permanent bridging terminus points cannot be used during erection, additional temporary bridging terminus points are required to provide stability. (See Appendix A of this section.)

Table A.

Erection Bridging for Short Span Joists

Joist Span -- Feet

8K1 NM

10K1 NM

12K1 23-0

12K3 NM

12K5 NM

14K1 27-0

14K3 NM

14K4 NM

14K6 NM

16K2 29-0

16K3 30-0

16K4 32-0

16K5 32-0

16K6 NM

16K7 NM

16K9 NM

18K3 31-0

18K4 32-0

18K5 33-0

18K6 35-0

18K7 NM

18K9 NM

18K10 NM

20K3 32-0

20K4 34-0

20K5 34-0

20K6 36-0

20K7 39-0

20K9 39-0

20K10 NM

22K4 34-0

22K5 35-0

22K6 36-0

22K7 40-0

22K9 40-0

22K10 NM

22K11 NM

24K4 36-0

24K5 38-0

24K6 39-0

24K7 43-0

24K8 43-0

24K9 44-0

24K10 NM

24K12 NM

26K5 38-0

26K6 39-0

26K7 43-0

26K8 44-0

26K9 44-0

26K10 49-0

26K12 NM

28K6 40-0

28K7 43-0

28K8 44-0

28K9 45-0

28K10 49-0

28K12 53-0

30K7 44-0

30K8 45-0

30K9 45-0

30K10 50-0

30K11 52-0

30K12 54-0

10KCS1 NM

10KCS2 NM

10KCS3 NM

12KCS1 NM

12KCS2 NM

12KCS3 NM

14KCS1 NM

14KCS2 NM

14KCS3 NM

16KCS2 NM

16KCS3 NM

16KCS4 NM

16KCS5 NM

18KCS2 35-0

18KCS3 NM

18KCS4 NM

18KCS5 NM

20KCS2 36-0

20KCS3 39-0

20KCS4 NM

20KCS5 NM

22KCS2 36-0

22KCS3 40-0

22KCS4 NM

22KCS5 NM

24KCS2 39-0

24KCS3 44-0

24KCS4 NM

24KCS5 NM

26KCS2 39-0

26KCS3 44-0

26KCS4 NM

26KCS5 NM

28KCS2 40-0

28KCS3 45-0

28KCS4 53-0

28KCS5 53-0

30KCS3 45-0

30KCS4 54-0

30KCS5 54-0

NM=diagonal bolted bridging not mandatory.

Table B.

Erection Bridging for Long Span Joists

Joist Span - Feet

18LH02 33-0.

18LH03 NM.

18LH04 NM.

18LH05 NM.

18LH06 NM.

18LH07 NM.

18LH08 NM.

18LH09 NM.

20LH02 33-0.

20LH03 38-0.

20LH04 NM.

20LH05 NM.

20LH06 NM.

20LH07 NM.

20LH08 NM.

20LH09 NM.

20LH10 NM.

24LH03 35-0.

24LH04 39-0.

24LH05 40-0.

24LH06 45-0.

24LH07 NM.

24LH08 NM.

24LH09 NM.

24LH10 NM.

24LH11 NM.

28LH05 42-0.

28LH06 46-0.

28LH07 54-0

28LH08 54-0

28LH09 NM.

28LH10 NM.

28LH11 NM.

28LH12 NM.

28LH13 NM.

32LH06 47-0 through 60-0.

32LH07 47-0 through 60-0.

32LH08 55-0 through 60-0.

32LH09 NM through 60-0.

32LH10 NM through 60-0.

32LH11 NM through 60-0.

32LH12 NM through 60-0.

32LH13 NM through 60-0.

32LH14 NM through 60-0.

32LH15 NM through 60-0.

36LH07 47-0 through 60-0.

36LH08 47-0 through 60-0.

36LH09 57-0 through 60-0.

36LH10 NM through 60-0.

36LH11 NM through 60-0.

36LH12 NM through 60-0.

36LH13 NM through 60-0.

36LH14 NM through 60-0.

36LH15 NM through 60-0.

NM = diagonal bolted bridging not mandatory.

(4) Erection bridging.

(A) Where the span of the steel joist is equal to or greater than the span shown in Tables A and B, the following shall apply:

1. A row of bolted diagonal erection bridging shall be installed near the midspan of the steel joist;

2. Hoisting cables shall not be released until this bolted diagonal erection bridging is installed and anchored; and

3. No more than one employee shall be allowed on these spans until all other bridging is installed and anchored.

(B) Where the span of the steel joist is over 60 feet (18.3 m) through 100 feet (30.5 m), the following shall apply:

1. All rows of bridging shall be bolted diagonal bridging;

2. Two rows of bolted diagonal erection bridging shall be installed near the third points of the steel joist;

3. Hoisting cables shall not be released until this bolted diagonal erection bridging is installed and anchored; and

4. No more than two employees shall be allowed on these spans until all other bridging is installed and anchored.

1. All rows of bridging shall be bolted diagonal bridging;

2. Hoisting cables shall not be released until all bridging is installed and anchored; and

3. No more than two employees shall be allowed on these spans until all bridging is installed and anchored.

(D) For steel members spanning over 144 feet (43.9 m), the erection methods used shall be in accordance with subsection (g) of this section.

(E) Where any steel joist specified in subsections (h)(3)(B) and (h)(4)(A), (h)(4)(B), and (h)(4)(C) of this section is a bottom chord bearing joist, a row of bolted diagonal bridging shall be provided near the support(s). This bridging shall be installed and anchored before the hoisting cable(s) is released.

(F) When bolted diagonal erection bridging is required by this section, the following shall apply:

1. The bridging shall be indicated on the erection drawing;

2. The erection drawing shall be the exclusive indicator of the proper placement of this bridging;

3. Shop-installed bridging clips, or functional equivalents, shall be used where the bridging bolts to the steel joists;

4. When two pieces of bridging are attached to the steel joist by a common bolt, the nut that secures the first piece of bridging shall not be removed from the bolt for the attachment of the second; and

5. Bridging attachments shall not protrude above the top chord of the steel joist.

(5) Landing and placing loads.

(A) During the construction period, the employer placing a load on steel joists shall ensure that the load is distributed so as not to exceed the carrying capacity of any steel joist.

(B) Except for subsection (h)(5)(D) of this section, no construction loads are allowed on the steel joists until all bridging is installed and anchored and all joist-bearing ends are attached.

(C) The weight of a bundle of joist bridging shall not exceed a total of 1,000 pounds (454 kg). A bundle of joist bridging shall be placed on a minimum of three steel joists that are secured at one end. The edge of the bridging bundle shall be positioned within 1 foot (.30 m) of the secured end.

(D) No bundle of decking may be placed on steel joists until all bridging has been installed and anchored and all joist bearing ends attached, unless all of the following conditions are met:

1. The employer has first determined from a qualified person and documented in a site-specific erection plan that the structure or portion of the structure is capable of supporting the load;

2. The bundle of decking is placed on a minimum of three steel joists;

3. The joists supporting the bundle of decking are attached at both ends;

4. At least one row of bridging is installed and anchored;

5. The total weight of the bundle of decking does not exceed 4,000 pounds (1816 kg); and

6. The edge of the construction load shall be placed within 1 foot (.30 m) of the bearing surface of the joist end.

(i) Systems-engineered metal buildings.

(1) All of the requirements of this section apply to the erection of systems-engineered metal buildings except subsection (f) (column anchorage) and subsection (h) (open web steel joists).

(2) Each structural column shall be anchored by a minimum of four anchor rods (anchor bolts).

(3) Rigid frames shall have 50 percent of their bolts or the number of bolts specified by the manufacturer (whichever is greater) installed and tightened on both sides of the web adjacent to each flange before the hoisting equipment is released.

(4) Construction loads shall not be placed on any structural steel framework unless such framework is safely bolted, welded or otherwise adequately secured.

(5) In girt and eave strut-to-frame connections, when girts or eave struts share common connection holes, at least one bolt with its wrench-tight nut shall remain connected to the first member unless a manufacturer-supplied, field-attached seat or similar connection device is present to secure the first member so that the girt or eave strut is always secured against displacement.

(6) Both ends of all steel joists or cold-formed joists shall be fully bolted and/or welded to the support structure before:

(A) Releasing the hoisting cables;

(B) Allowing an employee on the joists; or

(7) Purlins may only be used as a walking/working surface when installing safety systems, after all permanent bridging has been installed and fall protection is provided.

(8) Construction loads may be placed only within a zone that is within 8 feet (2.5 m) of the center-line of the primary support member.

(j) Falling object protection.

(1) Securing loose items aloft. All materials, equipment, and tools, which are not in use while aloft, shall be secured against accidental displacement.

(2) Protection from falling objects other than materials being hoisted. The controlling contractor shall bar other construction processes below steel erection unless overhead protection for the employees below is provided.

(k) Permanent Flooring--Skeleton Steel Construction in Tiered Buildings.

(1) The permanent floors shall be installed as the erection of structural members progresses, and there shall be not more than eight stories between the erection floor and the uppermost permanent floor, except where the structural integrity is maintained as a result of the design.

(2) At no time shall there be more than four floors or 48 feet, whichever is less, of unfinished bolting or welding above the foundation or uppermost permanently secured floor, except where structural integrity is maintained as a result of the design.

(l) Temporary Flooring--Skeleton Steel Construction in Multistory Buildings.

(1) The derrick or erection floor shall be solidly planked or decked except for access openings. Planking or decking of equivalent strength, shall be of proper thickness to carry the working load. Planking shall be not less than 2 inches thick full size undressed, and shall be laid tight. Both planking and decking shall be secured.

(2) On buildings or structures not adaptable to temporary floors, and where scaffolds or approved fall protection is not used, safety nets shall be installed and maintained whenever the potential fall distance exceeds two stories or 30 feet, whichever is less.

(3) The exposed edges of all temporary planked and metal decked floors at the periphery of the building, or at interior openings, such as stairways and elevator shafts shall be protected by a single 3/8-inch minimum diameter wire rope of 13,500 pounds minimum breaking strength located between 42 and 45 inches above design finish floor height. Other guardrail protection may be used if equal fall protection is provided.

Note: If the periphery fall protection is intended to be used as a catenary line, it shall meet the provisions of Section 1710(m)(4).

(4) Midrail protection.

(A) Midrail protection shall be installed as soon as the metal decking has been installed; and

(B) Shall be installed prior to the decked area being used by trades other than the steel erector or decking crew.

(5) Framed metal deck openings shall have structural members turned down to allow continuous deck installation except where not allowed by structural design constraints or constructibility.

(6) Metal decking holes and openings shall not be cut until immediately prior to being permanently filled with the equipment or structure needed or intended to fulfill its specific use and which meets the strength requirements of Section 1632(b) of these orders, or shall be immediately covered.

(7) Where skeleton steel is being erected, a tightly planked and substantial floor shall be maintained within two stories or 30 feet, whichever is less, below and directly under that portion of each tier of beams on which any work is being performed.

Note: Where a planked floor is not practical, subsection (l)(2) of this section applies.

(A) When gathering and stacking temporary floor planks, the planks shall be removed successively, working toward the last panel of the temporary floor so that the work is always done from the planked floor.

(B) When gathering and stacking temporary floor planks from the last panel, the employees assigned to such work shall be protected by an approved personal fall protection system attached to a catenary line or other substantial anchorage.

(m) Working and Traveling on the Skeleton Steel of Multistory Buildings or Structures.

(1) Connecting.

(A) When connecting beams or other structural members at the periphery or interior of a building or structure where the fall distance is greater than two stories or 30 feet, whichever is less, iron workers shall be provided with and use a personal fall protection system as described in Article 24 tied-off to either columns, pendant lines secured at the tops of columns, catenary lines, or other secure anchorage points.

(B) At heights over 15 and up to 30 feet above a lower level, connectors shall be provided with a personal fall arrest system, positioning device system or fall restraint system and wear the equipment necessary to be able to be tied off; or be provided with other means of protection from fall hazards in accordance with subsection (m).

NOTE: For fall protection requirements associated with work above reinforcing steel and similar projections, see Section 1712 of the Construction Safety Orders.

1. When connecting beams or other structural members at columns the practice of shinning (vertically climbing up or down) columns to access workpoints shall be permitted where the fall distance does not exceed two stories or 30 feet, whichever is less.

2. Where the fall distance exceeds two stories or 30 feet, whichever is less, iron workers shall be provided with and use a personal fall protection system as described in Article 24 tied-off to either columns, pendant lines secured at the tops of columns, catenary lines, or other secure anchorage points.

(2) Work Other Than Connecting.

When performing any other work at a work point, iron workers shall be provided with and use personal fall protection as described in Article 24 where the fall distance is greater than 15 feet.

(3) Traveling at Periphery or Interior of Building.

(A) When moving from work point to work point or releasing slings, and the fall distance is greater than 30 feet or two stories, whichever is less, connectors:

1. Shall coon or walk the bottom flange (inside flange of peripheral beams);

2. May walk the top surface of securely landed decking bundles; or

3. May walk the top flange if they are tied-off to catenary lines or use other fall protection in accordance with Article 24.

(B) When moving from work point to work point or releasing slings, and the fall distance is greater than 15 feet for other than connecting, iron workers:

1. Shall coon or walk the bottom flange (inside flange of peripheral beams);

2. May walk the top surface of securely landed decking bundles; or

3. May walk the top flange if they are tied-off to catenary lines or use other fall protection in accordance with Article 24.

(4) Pendant lines, catenary lines and other lines used to secure workers shall be used in accordance with the Construction Safety Orders, Section 1670.

(5) If the procedure specified in subsection (m)(1) above is impractical, perimeter safety nets shall be installed at a distance of no more than 25 feet below the work surface and extend at least 8 feet beyond the perimeter of the building or structure. Nets shall meet the requirements set forth in accordance with Section 1671.

(n) Controlled Decking Zone (CDZ). A CDZ is an area established specifically for the initial placement and securing of metal decking where access to the area is restricted and work may take place without the use of a personal fall protection system.

(1) A controlled decking zone is permitted only in that area of the structure over 15 feet and up to 30 feet above a lower level when it can be shown that the use of a personal fall protection system is impractical or creates a greater hazard.

(2) The CDZ shall be limited to that area where metal decking is initially being installed and forms the leading edge work.

(3) The implementation of a CDZ shall be under the supervision of a competent person.

(4) The employer shall document the reasons why the use of conventional fall protection systems (guardrails, personal fall arrest systems, positioning device systems, fall restraint systems or safety nets) are infeasible or why their use would create a greater hazard.

(A) The name or other method of identification for each employee (e.g., job title) who is designated to work in the CDZ must be documented.

(B) The documentation required by this subsection shall be in writing and shall be available at the job site.

(5) Where a CDZ is being used, the employer shall assure that a safety monitoring system is provided and shall designate a competent person to monitor the safety of employees within the CDZ. The safety monitor shall comply with the following requirements:

(A) The safety monitor shall be competent to recognize fall hazards;

(B) The safety monitor shall warn the employee when it appears that the employee is unaware of a fall hazard or is acting in an unsafe manner;

(D) The safety monitor shall be close enough to communicate orally with the employee;

(E) The safety monitor shall not have other responsibilities which could take the monitor's attention from the monitoring function; and

(F) The safety monitor shall not be located within the CDZ.

(6) In each CDZ, the following shall apply:

(A) Each employee working within a CDZ shall be protected from fall hazards greater than two stories or 30 feet, whichever is less, by the use of a personal fall protection system.

(B) Access to a CDZ shall be limited to only those employees engaged in leading edge work.

(C) The boundaries of a CDZ shall be designated and clearly marked. The CDZ shall be defined by a control line or by any equivalent means that restrict access.

1. Control lines shall meet the requirements of Section 1671.2(a)(4) through (a)(6).

2. When control lines or equivalent means are used, they shall be erected not less than 6 feet from the unprotected leading edge.

3. The CDZ shall not be more than 90 feet wide and 90 feet deep from any leading edge.

4. Signs meeting the requirements of the General Industry Safety Orders, Section 3340 shall be posted to warn unauthorized persons to stay out of the CDZ.

(7) Safety deck attachments shall be performed in the CDZ from the leading edge back to the control line and shall have at least two attachments for each metal decking panel. The area of decking without completed safety deck attachments shall not exceed 3000 square feet.

(8) Final deck attachments, installation of shear connectors, and flashing shall not be performed in the CDZ.

(9) Where a CDZ is being used, the employer shall assure that each affected employee has been provided training in accordance with subsection (q)(3)(C) of this section.

(o) Custody of guardrail systems. Wire rope or other guardrail protection provided by the steel erector shall remain in the area where steel erection activity has been completed, to be used by other trades, only if the controlling contractor or its authorized representative:

(1) Has directed the steel erector to leave the wire rope or other guardrail protection in place; and

(2) Has inspected and accepted control and responsibility of the wire rope or other guardrail protection prior to authorizing persons other than steel erectors to work in the area.

(p) Smoke dome or skylight fixtures that have been installed, are not considered covers for the purpose of this section unless they meet the strength requirements of Section 1632(b) of these orders.

(q) Training.

The following provisions supplement the requirements of Section 1509 “Injury and Illness Prevention Program” regarding the hazards associated with structural steel erection.

(1) Training personnel. Training required by this section shall be provided by a qualified person(s).

(2) Fall hazard training. The employer shall provide a training program for all employees exposed to fall hazards. The program shall include training and instruction in the following areas:

(A) The recognition and identification of fall hazards in the work area;

(B) The use and operation of guardrail systems (including perimeter safety cable systems), personal fall arrest systems, positioning device systems, fall restraint systems, safety net systems, and other protection to be used;

(C) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used;

(D) The procedures to be followed to prevent falls to lower levels and through or into holes and openings in walking/working surfaces and walls; and

(E) The fall protection requirements for structural steel erection.

(3) Special training programs. In addition to the training required in subsections (q)(1) and (q)(2) of this section, the employer shall provide special training to employees engaged in the following activities.

(A) Multiple lift rigging procedure. The employer shall ensure that each employee who performs multiple lift rigging has been provided training in the hazards associated with multiple lifts including the following areas:

1. The proper inspection and removal of hoisting slings, eye-hooks and other rigging components used in multiple lift rigging.

2. Procedures for determining the proper sling length for structural members.

3. The use of rated load charts and capacities for manufactured rigging equipment.

4. The design and use of manufactured rigging assemblies.

5. Proper rigging techniques to maintain a distance of 7 feet between structural members being hoisted.

6. Instruction that no more than 5 structural members can be hoisted per lift.

7. Proper techniques for rigging structural members from the top down and setting structural members from the bottom up.

8. Procedures and techniques for rigging structural members at the center of gravity.

9. Procedures to ensure that no crane is used for multiple lifts that violates the crane manufacturer's specifications.

10. Procedures to ensure that no load exceeds 75 percent of the rated capacity for the hoisting equipment as specified in the hoisting equipment load charts.

11. The use of controlled load lowering on hoisting equipment used for multiple lifts.

12. Procedures for performing multiple lifts that are site-specific.

13. Procedures for preplanning overhead routes of suspended loads.

(B) Connector procedures. The employer shall ensure that each connector has been provided training in the following areas:

1. The nature of the hazards associated with connecting; and

2. Shinning of columns, access, proper connecting techniques and work practices required by subsections (g)(4) and (m) of this section.

(C) Controlled Decking Zone Procedures. Where CDZs are being used, the employer shall assure that each employee has been provided training in the following areas:

1. The nature of the hazards associated with work within a controlled decking zone; and

2. The establishment of CDZs, access, proper installation techniques and work practices required by subsection (n) of this section.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7252, 7253, 7254, 7258, 7261, 7262 and 7266, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18). For prior history, see Register 76, No. 41.

2. Amendment of subsection (e)(1)(C) filed 5-12-83; effective thirtieth day thereafter (Register 83, No. 20).

3. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

4. New subsections (i)-(i)(2) filed 12-15-93; operative 1-14-94 (Register 93, No. 51).

5. Amendment of subsections (g)(1), (g)(2), (g)(3)(A)-(B) and (g)(5) filed 4-23-98; operative 5-23-98 (Register 98, No. 17).

6. Amendment of subsections (g)(1)-(2) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

7. New subsection (a)(4) filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).

8. Amendment of section heading, section and Note and new Appendices A and B filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

9. Amendment of section and Appendix A heading and new Appendix C filed 7-3-2003; operative 8-2-2003 (Register 2003, No. 27).

10. Amendment of subsection (f)(1)(A) filed 3-15-2006; operative 4-14-2006 (Register 2006, No. 11).

11. Change without regulatory effect amending appendices A and B filed 5-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 21).

12. Amendment of subsection (k)(2) filed 6-6-2008; operative 7-6-2008. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2008, No. 23).

Appendix A to Section 1710 -- Illustrations of Bridging Terminus Points: Non-mandatory Guidelines for Complying with Sections 1710(h)(1)(J) and 1710(h)(3)(E).

Embedded Graphic 08.0217

Horizontal Bridging Terminus at Wall

Embedded Graphic 08.0218

Horizontal Bridging Terminus at Wall

Embedded Graphic 08.0219

Horizontal Bridging Terminus at Panel Wall

Embedded Graphic 08.0220

Horizontal Bridging Terminus at Structural Shape

Embedded Graphic 08.0221

Horizontal Bridging Terminus at Structural

Shape with Optimal “X-Bridging”

Embedded Graphic 08.0222

Bolted Diagonal Bridging Terminus at Wall

Embedded Graphic 08.0223

Bolted Diagonal Bridging Terminus at Wall

Embedded Graphic 08.0224

Bolted Diagonal Bridging Terminus at Wall

Embedded Graphic 08.0225

Joists Pair Bridging Terminus Point

Embedded Graphic 08.0226

Joists Pair Bridging Terminus Point w/Horiz. Truss

Embedded Graphic 08.0227

Horizontal Bridging Terminus Point Secured by Temp Guy Cables

Embedded Graphic 08.0228

Diagonal Bridging Terminus Point Secured by Temp Guy Cables

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Appendix B to Section 1710 -- Double Connections: Illustrations of a Clipped End Connection and a Staggered Connection: Non-Mandatory Guidelines for Complying with Section 1710(g)(4).

Embedded Graphic 08.0229

Clipped end connections are connection material on the end of a structural member which has a notch at the bottom and/or top to allow the bolt(s) of the first member placed on the opposite side of the central member to remain in place. The notch(es) fits around the nut or bolt head of the opposing member to allow the second member to be bolted up without removing the bolt(s) holding the first member.

Embedded Graphic 08.0230

Staggered connections are connection material on a structural member in which all of the bolt holes in the common member web are not shared by the two incoming members in the final connection. The extra hole in the column web allows the erector to maintain at least a one bolt connection at all times while making the double connection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Appendix C to Section 1710 -- Guidelines for Establishing the Components of a Site-Specific Erection Plan: Non-Mandatory Guidelines for Complying with Section 1710(c)(5)

(a) General. This appendix serves as a guideline to assist employers who elect to develop a site-specific erection plan in accordance with Section 1710(c)(5) with alternate means and methods to provide employee protection in accordance with Sections 1710(c)(5), 1710(d)(9), 1710(h)(1)(C) or Section 1710(h)(5)(D).

NOTE: The development of a site-specific erection plan does not eliminate the mandatory requirement for an erection plan and procedure prepared by a civil engineer as required by Section 1709(d) when trusses or beams over 25 feet long are used.

(b) Development of a site-specific erection plan. Pre-construction conference(s) and site inspection(s) are held between the erector and the controlling contractor, and others such as the project engineer and fabricator before the start of steel erection. The purpose of such conference(s) is to develop and review the site-specific erection plan that will meet the requirements of this section.

(c) Components of a site-specific erection plan. In developing a site-specific erection plan, a steel erector considers the following elements:

(1) The sequence of erection activity, developed in coordination with the controlling contractor, that includes the following:

(A) Material deliveries:

(B) Material staging and storage; and

(2) A description of the crane and derrick selection and placement procedures, including the following:

(A) Site preparation;

(B) Path for overhead loads; and

(3) A description of steel erection activities and procedures, including the following:

(A) Stability considerations requiring temporary bracing and guying;

(B) Erection bridging terminus point;

(D) Columns and beams (including joists and purlins);

(E) Connections;

(F) Decking; and

(G) Ornamental and miscellaneous iron.

(4) A description of the fall protection procedures that will be used to comply with Section 1710(m).

(5) A description of the procedures that will be used to comply with Section 1710(j).

(6) A description of the special procedures required for hazardous non-routine tasks.

(7) A certification for each employee who has received training for performing steel erection operations as required by Section 1710(q).

(8) A list of the qualified and competent persons.

(9) A description of the procedures that will be utilized in the event of rescue or emergency response.

(d) Other plan information. The plan:

(1) Includes the identification of the site and project; and

(2) Is signed and dated by the qualified person(s) responsible for its preparation and modification.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§1711. Oiling Forms.

Note • History

The oiling of floor panels that are in place shall not be done until the carpentry work on the form has been completed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 1712 filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. New NOTE filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

§1712. Reinforcing Steel and Other Similar Projections.

Note • History

(a) Scope. This section applies to all work sites and locations where employees work around or over exposed, projecting, reinforcing steel or other similar projections.

(b) Definitions.

Job-Built. As used in this section, protective covers and troughs usually constructed at the job-site of wood or other materials of equal or greater strength and designed specifically for covering exposed ends of reinforcing steel or other similar projections at a specific job-site.

Protective Covers. Manufactured or job-built apparatus designed to cover exposed ends of reinforcing steel or other similar projections so as to prevent impalement.

Troughs. Manufactured or job-built protective covers designed to cover two or more exposed ends of reinforcing steel or other similar projections so as to prevent impalement, and which meet the applicable requirements in subsection (d).

(1) Employees working at grade or at the same surface as exposed protruding reinforcing steel or other similar projections, shall be protected against the hazard of impalement by guarding all exposed ends that extend up to 6 feet above grade or other work surface, with protective covers, or troughs.

(2) Employees working above grade or any surface and exposed to protruding reinforcing steel or other similar projections shall be protected against the hazard of impalement. Protection shall be provided by:

(A) The use of guardrails, or

(B) Approved fall protection systems meeting the design requirements of Article 24, or

(3) Protective covers shall not be used to protect against impalement where the maximum height of fall exposure, to the top of the protective cover, exceeds 7 1/2 feet, unless the protective covers meet the requirement of subsection (d)(4)(D).

(d) Protective Covers, Specifications, Testing and Approval.

(1) Protective covers shall be made of wood, plastic, or other materials of equal or greater strength.

(2) Protective covers shall have a minimum 4-inch by 4-inch square surface area, or if round, a minimum diameter of 4 1/2 inches.

(3) Manufactured protective covers shall meet the following requirements:

(A) Manufactured protective covers shall be approved as provided for in Section 1505 and be legibly marked with the manufacturer's name or logo.

(B) Manufactured protective covers made before October 1, 2000 shall, at the minimum, be capable of withstanding the impact of a 250-pound weight dropped from a height of 10 feet without penetration failure of the cover.

(C) Manufactured protective covers made on or after October 1, 2000 shall meet the testing requirements of Section 344.90.

(4) Job-built protective covers shall meet the following requirements:

(A) Job-built protective covers shall be designed as specified by an engineer currently registered in the State of California. A copy of the engineering drawing(s) depicting the job-built protective covers shall be kept at the worksite and made available to the Division upon request.

Exception: Job-built troughs as depicted in Appendix Plate C-25 may be used as a substitute for engineered or manufactured protective covers when employees are working at heights not greater than 6 feet above grade or other working surface.

(B) Job-built wood protective covers and troughs shall be constructed of at least “Standard Grade” Douglas Fir, as graded by either the Western Lumber Grading Rules 98, handbook, effective March 1, 1998, published by the Western Wood Products Association, or the Standard No. 17 Grading Rules for West Coast Lumber, handbook, effective September 1, 1991 and revised January 1, 2000, published by the West Coast Lumber Inspection Bureau, which are hereby incorporated by reference.

(C) Job-built protective covers, except for troughs as depicted in Appendix Plate C-25, shall, at the minimum, be capable of withstanding the impact of a 250-pound weight dropped from a height of 10 feet without penetration failure of the cover.

Note: The drop test requirement in subsection (d)(4)(C) applies to protective covers used to prevent employee impalement where the employee is exposed to fall heights of up to 7 1/2 feet.

(D) Drop test specifications for job-built protective covers listed in subsection (d)(4)(C) shall be modified where fall heights greater than 7 1/2 feet are anticipated, to ensure that the protective cover can withstand increased impact loading.

(e) Fall Protection.

Employees shall not be permitted to place or tie reinforcing steel in walls, piers, columns, etc., more than 6 feet above an adjacent surface, unless a personal fall protection system is used in accordance with Section 1670 or other method affording equivalent protection from the hazard of falls from elevated surfaces.

Exception: Point-to-point horizontal or vertical travel on reinforcing steel up to 24 feet above the surface below providing there are no impalement hazards.

(f) Securing Reinforcing Steel.

(1) Reinforcing steel for walls, piers, columns, and similar vertical structures shall be guyed and supported to prevent collapse.

(A) Guys, supports, and braces shall be installed and removed as directed by a qualified person.

(2) Wire mesh rolls shall be secured to prevent dangerous recoiling action.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from section 1713 filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. Amendment of subsection (a) and new subsections (b), (c) and (d) filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

3. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

4. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

5. Repealer of subsection (a) and adoption of subsections (a)-(d)(5), relettering and amendment of former subsection (b) to subsection (e), relettering of former subsection (c) to subsection (f), and relettering of former subsection (d) to subsection (g) filed 11-8-93; operative 12-8-93 (Register 93, No. 46).

6. Amendment of subsection (e) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

7. Amendment of section heading and section filed 2-3-2004; operative 3-4-2004 (Register 2004, No. 6).

§1713. Framing and Concrete Forms.

Note • History

(a) Framed panels for structures shall be securely anchored, guyed, or braced to prevent them from falling.

(b) Form panels for concrete structures shall be securely anchored, guyed, or braced to prevent them from falling or collapsing.

(1) Panels exceeding 500 pounds shall have lifting attachments with a safety factor of 4.

(2) Nailed lifting attachments shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from section 1714 filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

3. Amendment of section heading filed 1-16-92; operative 2-17-92 (Register 92, No. 12).

§1714. Hoisting and Erecting Precast, Prefabricated Concrete Construction (Other Than Tilt-Up Panels).

Note • History

(a) An erection plan and procedure shall be prepared by, or under the direction of, a civil engineer currently registered in California (hereinafter referred to as the responsible engineer).

(1) The erection plan and procedure shall be available at the job site.

(2) Job site inspections shall be made by the responsible engineer, or an authorized representative, during the course of erection to ensure that the erection plan and procedures are followed.

(3) Any proposed field modifications shall be approved by the responsible engineer and added to the plan and procedure available at the job site.

(4) Precast member or vertical panel bracing shall be designed by, or under the direction of, and installed in accordance with the direction of, the responsible engineer.

(5) Lifting methods and procedures shall be such that employees are not at risk of being struck by the concrete member, panel or supporting equipment.

(b) Lifting inserts, which are embedded or otherwise attached to precast concrete members, shall be capable of supporting at least four times the maximum intended load applied or transmitted to them, and shall be used in accordance with the manufacturer's recommendations.

(c) Lifting hardware shall be capable of supporting at least five times the maximum intended load applied or transmitted to the lifting hardware.

(d) Precast concrete members and structural framing shall be supported to prevent falling, overturning and collapse until the permanent connections specified in the erection plan are completed.

(e) Adjustment of precast members after initial placement, which requires the lifting of the members in any manner, shall not be made unless wire rope safety tie backs are used or the members are reattached to a load line.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

3. Amendment of section heading and section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).

§1715. Tilt-Up Concrete Panel Construction.

Note • History

(a) Concrete erection stresses, lifting point attachments and locations in tilt-up concrete panels shall be designed for expected loads, including impact, by, or under the direction of, a civil engineer currently registered in California (hereinafter referred to as the responsible engineer).

(b) Lifting inserts, which are embedded or otherwise attached to tilt-up concrete members shall be capable of supporting at least two times the maximum intended load applied or transmitted to them, and shall be used in accordance with the manufacturer's recommendations.

(c) Lifting hardware shall be capable of supporting at least five times the maximum intended load applied or transmitted to the lifting hardware.

(d) Vertical panel bracing used to support the tilt-up panels prior to final bolting/attachment shall be designed by, or under the direction of, and installed in accordance with the direction of the responsible engineer.

(1) Bracing shall be designed to withstand, at a minimum, a wind load induced force of a 70 mile per hour wind.

(2) Prior to the commencement of panel erection, detailed lifting and erection plans shall be prepared by, or under the direction of, the responsible engineer. All panel erection shall be performed in accordance with the plan.

(3) The lifting and erection plans and procedures shall be available on the job site.

(4) Field modifications to the lifting plan shall be approved by the responsible engineer and added to the plans and procedures available at the job site.

(5) Lifting methods and procedures shall be such that employees are not at risk of being struck by the panel or other supporting equipment.

(e) Tilt-up wall panels shall be supported to prevent overturning, toppling and/or collapse until permanent connections are completed as specified in the erection plan.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-3-79 as an emergency; effective upon filing (Register 79, No. 40). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 1-31-80.

2. Certificate of Compliance filed 1-30-80 (Register 80, No. 5).

3. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

4. New subsections (b), (c) and renumbering (b) to (d) filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

5. Amendment of section heading and section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27).

§1716. Bolting, Riveting, Fitting-Up and Plumbing.

Note • History

(a) General requirements:

(1) Containers shall be provided for storing or carrying rivets, bolts, and drift pins, and secured against accidental displacement when aloft.

(2) Pneumatic hand tools shall be disconnected from the power source, and pressure in hose lines shall be released, before any adjustments or repairs are made.

(3) Air line hose sections shall be tied together except when quick disconnect couplers are used to join sections.

(b) Bolting

(1) When bolts or drift pins are being knocked out, means shall be provided to keep them from falling.

(2) Impact wrenches shall be provided with a locking device for retaining the socket.

(1) Riveting shall not be done in the vicinity of combustible material unless precautions are taken to prevent fire.

(2) When rivet heads are knocked off, or backed out, means shall be provided to keep them from falling.

(3) A safety wire shall be properly installed on the snap and on the handle of the pneumatic riveting hammer and shall be used at all times. The wire size shall be not less than No. 9 (B & S gauge), leaving the handle and annealed No. 14 on the snap, or equivalent.

(d) Plumbing-up

(1) Connections of the equipment used in plumbing-up shall be properly secured.

(2) The turnbuckles shall be secured to prevent unwinding while under stress.

(3) Plumbing-up guys related equipment shall be placed so that employees can get at the connection points.

(4) Plumbing-up guys shall be removed only under the supervision of a competent person.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former section 1810 to section 1716 filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4). For history of former section 1716, see Register 85, No. 25.

§1716.1. Structural Wood Framing Systems.

Note • History

(a) Scope. This section applies to the construction and placement of structural wood framing systems.

(b) Definitions.

(1) Structural wood framing systems. Operations, methods, and procedures associated with the installation of essentially horizontal wood framing systems (including panelized roof systems) that are typically associated with construction used in non-residential type structures, such as warehouses, gymnasiums, shopping malls or similar structures. These orders do not apply to framing procedures typically associated with residential structures.

(2) Administrative controls. Employee training and instructions for the hazards associated with the construction of structural wood framing systems and the immediate presence of competent supervision on the jobsite to ensure safe work practices are followed where engineering controls have proven not to be feasible.

(1) Employees are to be protected from falls by guardrails as specified in Section 1620 or a safety net, personal fall protection system, or other methods specified in Article 24 while walking/working on surfaces 15 feet or more above a lower level.

(A) Employees working at the leading edge shall be provided with either fall protection as specified in Article 24, utilize a fall protection plan or be protected by parapets at least 24 inches high.

(d) Use of lift trucks and elevated work platforms.

(1) When it is necessary to elevate employees using an industrial truck, the requirements of General Industry Safety Orders, Section 3657, Elevating Employees with Lift Trucks, and Section 3659, Back Guards, shall apply.

Exception: The seven foot back guard for the mast may be omitted where restricted clearance exists or the nature of the work prohibits its use. Where either of these conditions exists, administrative controls to ensure the safety of the employee shall be used.

(2) Employees and/or loads shall not be on the elevated work platform when the operator is not at the lift controls unless the following is complied with: the operator is able to see the lift, is within 25 feet, and has unobstructed return access to the lift; the power is turned off; brakes are set; and, the lift is on a level surface.

Note: Where it is necessary to tilt the mast of the lift truck to allow an employee to accomplish a necessary activity at an elevated location, the operator may tilt the mast forward, not to exceed 3 feet from the vertical if the work is of short duration and competent supervision is immediately present during the operation. Prior to elevating and tilting the mast, the operator shall inspect and verify the work platform is secure to the lift forks.

(e) Roof or Floor Openings.

(1) Roof or floor openings which exist during the construction of a structural wood framing system are to be guarded by a standard railing and toeboard or by a cover. The covering shall be secured in place and identified as an opening cover in letters not less than one inch high.

(2) Temporary openings shall be covered or guarded as soon as the operation reasonably permits.

(f) Erection procedure.

(1) A site-specific, written erection procedure shall be prepared by a qualified person, and implemented under the direct supervision of a competent person.

(2) A copy of the erection procedure shall be available at the jobsite.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section 1716.1 filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 11-22-74 (Register 74, No. 48).

3. Certificate of Compliance refiled 11-27-74 (Register 74, No. 48).

4. Repealer and new section filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

5. Repealer filed 6-21-85; effective thirthieth day thereafter (Register 85, No. 25).

6. New section filed 1-21-92; operative 2-20-92 (Register 92, No. 12).

7. Change without regulatory effect amending subsection (e)(1) filed 3-22-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 12).

8. Amendment of subsection (c)(1), repealer of subsection (c)(1)(A), redesignation of former subsection (c)(1)(A)1. as new subsection (c)(1)(A), and repealer of subsections (c)(1)(A)2.-(c)(1)(E) filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

9. Amendment of subsection (f)(1) filed 1-29-2001; operative 2-28-2001 (Register 2001, No. 5).

§1716.2. Wood and Light Gage Steel Frame Construction, Residential/Light Commercial.

Note • History

(a) Scope and Application.

This section applies to work directly associated with the framing of new buildings or structures using the operations, methods, and procedures associated with residential-type framing activities, i.e., joists or trusses resting on stud walls.

(b) Definitions.

(1) Bottom Plate. The bottom horizontal member of a frame wall. Sometimes called the “sole plate.”

(2) Eaves. The lowest edge of a sloped roof.

(3) Fascia Board. The exterior trim board at the perimeter of the roof.

(4) Joist. One of a series of parallel beams used to create a structural support system for a floor deck or flat roof, onto which sheathing is fastened.

(5) Nominal Size. For purposes of this section, the commercial size designation of a standard width and depth of standard sawn lumber and glue laminated lumber grades; larger than the standard actual net size of the finished, dressed lumber. An approximate rough-cut dimension assigned to a piece of material as a convenience in referencing to the piece, such as “2 x 4”.

(6) Rafter. One of a series of structural members of a roof designed to support roof loads. A framing member that runs up and down the slope of a pitched roof. The beams that slope from the ridge of a roof to the eaves and make-up the main body of the roof's framework. The rafters of a flat roof are sometimes called roof joists.

(7) Residential-type Framing Activities. For the purposes of this section, residential-type framing activities include: installation of floor joists, floor sheathing, layout and installation of walls, hanging and nailing of shear panels, setting and bracing roof trusses and rafters, installation of starter board, roof sheathing, and fascia board; installation of windows, siding and exterior trim.

(8) Roof Slope. For the purposes of this section, the incline angle of a roof surface, given as a ratio of the vertical rise to the horizontal run. A 7:12 roof has 7 feet of vertical rise for 12 feet of horizontal run.

(9) Sheathing. The structural panel covering fastened onto studs, floor joists, and/or rafters/trusses.

(10) Slide Guards. A 2-inch nominal cleat, on centers not to exceed 4 feet, securely fastened to the roof sheathing to provide footing on a sloped roof.

(11) Starter Board. The board-type sheathing material installed at eaves and gable ends in the plane of the sheathing and visible from the underside.

(12) Stud. A vertical framing member in walls and partitions, also referred to as a wall stud, attached to the horizontal sole plate below and the top plate above.

(13) Top Plate. Top horizontal member of a frame wall supporting ceiling joists, rafters, or other structural members.

(14) Truss. Prefabricated structural roof unit consisting of triangular bracing (truss webs) between the ceiling joist (bottom chord) and the roof rafter (top chord) commonly installed parallel with other trusses to create a structural support system for a roof after which sheathing is fastened. The bottom chord often serves as a ceiling joist. Each member is usually subjected to longitudinal stress only, either tension or compression.

(15) Truss Support Plate. A temporary support structure erected near mid-span of an area with a large open span, such as a garage, to support trusses during installation.

(1) Before manually raising framed walls that are 15 feet or more in height, temporary restraints such as cleats on the foundation/floor system or straps on the wall bottom plate shall be installed to prevent inadvertent horizontal sliding or uplift of the framed wall bottom plate.

(2) Anchor bolts alone shall not be used for blocking or bracing when raising framed walls 15 feet or more in height.

(d) Stabilization of Structures.

Employees shall not work from or walk on top plates, joists, rafters, trusses, beams or other structural members until they are securely braced and supported.

(e) Work on Top Plate, Joists and Roof Structure Framing.

(1) When employees are walking/working on top plates, joists, rafters, trusses, beams or other similar structural members over 15 feet above the surrounding grade or floor level below, fall protection shall be provided by scaffolding, guardrails, a personal fall protection system, or by other means prescribed by CSO Article 24, Fall Protection.

Exceptions: (A) When employees are walking/working on securely braced joists, rafters or roof trusses on center spacing not exceeding 24 inches, and more than 6 feet from an unprotected side or edge, they shall be considered protected from falls between the joists, rafters or roof trusses.

(B) When installing floor joists, employees shall be considered protected from falls up to and including 15 feet above the surrounding grade or floor level below when standing on or working from joists laid on their sides on the top plate on center spacing not exceeding 24 inches when walking/working within 24 inches of the top plate or other structural support.

(2) Truss Support Plate. Where a truss support plate is used during the installation of trusses, it shall be constructed of a 2x6 plank laid flat, secured lineally to a 2x6 plank laid on edge, supported with 2x4 wood members (legs) spaced no more than 6 feet on center and attached to diagonal bracing adequately secured to support its intended load. All material dimensions are minimum and nominal.

(f) Work on Floors and Other Walking/Working Surfaces. When working on floors and other walking/working surfaces that will later be enclosed by framed exterior walls, employees directly involved with the layout and construction of framed stud walls shall be protected from falling by standard guardrails as specified in Section 1620 around all unprotected sides or edges, or by other means prescribed by CSO Article 24, Fall Protection, when the floor or walking/working surface is over 15 feet above the surrounding grade or floor level below.

(g) Work on Starter Board, Roof Sheathing and Fascia Board.

(1) When installing starter board, roof sheathing, and fascia board, employees shall be protected from falling by scaffolding, guardrails, personal fall protection systems, or other means prescribed by CSO Article 24, Fall Protection as follows:

(A) For structures greater than one story in height where the fall height exceeds 15 feet above the surrounding grade or floor level below, or

(B) When working on roofs sloped greater than 7:12.

EXCEPTION to (g)(1)(B): For roofs sloped up to 12:12, slide guards may be used as fall protection up to and including 15 feet as measured from the eaves to the surrounding grade or floor level below.

(2) Employees working inside the gable end truss or rafter shall be considered protected from falls where the gable end truss has been installed and braced to withstand a lateral force of 200 pounds and the employee installs fascia or starter board working from within the gable end truss or rafter.

(3) When work must be performed outside the gable end truss or rafter, the employee shall be protected from falling by scaffolding, or a personal fall protection system, or other means prescribed by CSO Article 24.

EXCEPTION to (g)(3): When the work is of short duration and limited exposure and the hazards involved in rigging and installing the safety devices required equal or exceed the hazards involved in the actual construction, these provisions may be temporarily suspended provided the work is performed by a qualified person.

(h) Installation of Windows. Wall openings shall be guarded as required by Section 1632. The guardrail may be removed immediately prior to the installation of the window components if removal of the guardrail is necessary to install the window(s).

(i) Scaffolding.

(1) Where scaffolding is used, it shall be constructed in accordance with all applicable requirements of CSO Articles 21 and 22 (Scaffolds).

(2) Where scaffolds are installed parallel and adjacent to framed structure walls, the interior railing may be omitted for installing joists, rafters or trusses if the scaffold platform is 15 feet or less from the interior floor level below and the top plate is higher than the adjacent work platform.

(3) When a scaffold is used as an edge protection platform:

(A) The platform shall not be more than 2 feet vertically below the top plate, and shall be fully planked.

(B) The distance between the inboard edge of the platform and the building or structure wall shall not be more than 16 inches.

(4) Additional provisions where a metal frame scaffold is used as an edge protection platform:

(A) A 2” x 6” or larger toeboard shall be secured on edge parallel to the outer rail.

(B) Scaffolds shall be secured in tension and compression to the structure at or near the top of the scaffold at each end and at every other frame not to exceed 20-foot intervals.

(C) Guard railings shall extend not less than 42 inches vertically above the eaves if the outboard edge of the platform extends less than 12 inches horizontally beyond the eaves.

(j) Training:

Employees exposed to fall hazards shall be trained in accordance with the requirements of Sections 1509 and 3203 to recognize fall hazards associated with the erection and construction activities they will be performing and shall be trained in the procedures to be followed in order to minimize these hazards. Such training shall be documented in accordance with Section 3203.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-1-2002; operative 5-1-2002. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2002, No. 18).

2. Amendment of section heading and section filed 7-7-2004; operative 8-6-2004 (Register 2004, No. 28).

§1717. Falsework and Vertical Shoring.

Note • History

(a) Design Loads.

(1) Formwork and falsework or shoring for the support of concrete or other materials shall be designed, erected, supported, braced and maintained so as to assure its ability to safely withstand all intended loads during erection, construction, usage and removal.

(2) The minimum total design load for any formwork and shoring shall be not less than 100 pounds per square foot for the combined live and dead load regardless of slab thickness; however, the minimum allowance for live load and formwork shall be not less than 20 pounds per square foot in addition to the weight of the concrete.

When the equipment listed below is used, the above figures shall be increased in all cases by the amounts shown.

Worker propelled carts 10 pounds per square foot.

Motorized carts 25 pounds per square foot.

(3) Special consideration shall be given and the necessary additional allowances made for any unusual circumstances such as floor hoppers, concentrated piles of reinforcing steel bars, or similar loads.

(4) The lateral loads for shoring to be resisted at each floor in both directions by diagonal bracing, or other means, shall be taken at not less than 100 pounds per lineal foot of floor edge or two percent of the total dead load whichever is greater.

(b) Design.

(1) Detailed design calculations and working drawings shall be approved and signed by a civil engineer, currently registered in California, for all falsework or vertical shoring installations where any of the following conditions exists:

(A) The height, as measured from the top of the sills to the soffit of the superstructure exceeds 14 feet.

(B) Individual horizontal span lengths exceed 16 feet.

(2) For all falsework and vertical shoring installations not covered by (b)(1) above, the falsework plan or shoring layout shall be approved and signed by one of the following:

(A) A civil engineer currently registered in California.

(B) A manufacturer's authorized representative.

(3) A falsework plan or a shoring layout shall be available on the job site at all times.

(4) All vertical supports shall be erected on a properly compacted and reasonably level and stable base. Plate, pads and load bearing characteristics of the soil shall be adequate to support the imposed loads.

Note: (1) Precautions shall be taken so that weather and concrete pouring conditions do not change the load carrying capacity of the soil below the design minimum.(2) The Division may require that evidence be submitted to justify the design for any falsework or vertical shoring installation.

(1) After construction of the falsework or vertical shoring system enumerated in section 1717(b)(1) and prior to placement of concrete, a civil engineer, currently registered in California, or authorized representative, shall inspect the falsework or vertical shoring system for conformity with the working drawings. The person performing the inspection shall certify in writing that the falsework or vertical shoring system substantially conforms to the workingdrawings and that the material and workmanship are satisfactory.

(2) After construction of the falsework or vertical shoring system enumerated in section 1717(b)(2) and prior to the placement of concrete, an inspection for conformity with the working drawings shall be made by one of the following persons.

(A) A civil engineer currently registered in California.

(B) A manufacturer's authorized representative.

(3) The person performing the inspection shall certify in writing that the falsework or vertical shoring system conforms to the working drawings and that the material and workmanship are satisfactory. The certification shall be available at the job site.

(d) Work Area and Procedures.

(1) Where wood shores are butt spliced, they shall be made with square joints and secured on four sides with not less than 2-inch material or of 5/8-inch plywood of the same width as the post. The scabs shall extend at least two feet beyond the joint.

(2) If metal shore clamps are used, they shall be installed according to manufacturer's specifications.

(3) In lieu of requirements for standard walkways and work platforms in the immediate area where forms are being installed, joists or similar members not less than 5 1/2 inches wide and on centers not to exceed 36 inches shall be provided.

(4) When the formwork and shoring are being erected, the first set of protective guardrails shall be installed at the perimeter immediately after such supporting members are in place. Railings are to be installed and maintained at perimeter of and at openings in all floors of buildings and sides of bridge decks at all times.

(5) In the area immediately adjacent to where the joists or similar members are being installed, a 12-inch wide plank resting on the joists is acceptable as a walkway for distributing joists.

(6) Building floor form installation

(A) Employees shall be prohibited from working below a building floor form installation, except those individuals actually engaged in this installation, removal, or inspection. Warning signs to this effect shall be posted at the perimeter of the affected work area.

(B) During the actual placement of concrete, only those individuals who are engaged in the inspection or necessary building floor form modifications shall be permitted in the affected work area below the concrete placement.

(C) Areas underneath building floor form installations described in sections 1717(b)(1)(A) or 1717(b)(1)(B) shall not be occupied before, during, or after the placement of concrete unless the building floor form installations have been inspected and certified, by a civil engineer currently registered in California, to safely withstand all anticipated loads. All other building floor form installations shall be inspected and certified by one of the following persons, to safely withstand all anticipated loads.

1. A civil engineer currently registered in California.

2. A licensed contractor, or representative, qualified to determine that the floor form installation can safely withstand all anticipated loads.

(7) Stripped forms and shoring shall be removed and stockpiled promptly in all areas in which persons are required to work or pass. Protruding nails, wire ties, and other form accessories not necessary to subsequent work shall be pulled, cut, or other means taken to eliminate the related hazards.

(e) Removal.

(1) Formwork and shores (except those used for slabs on grade and slip forms) shall not be removed until the employer determines that the concrete has gained sufficient strength to support its weight and superimposed loads. Such determination shall be based on compliance with the stipulated conditions for removal of forms and shores indicated in the plans and specifications.

(2) Reshoring shall not be removed until the concrete being supported has attained the strength to support its weight and all loads placed upon it.

Note: For regulations relating to permits for falsework, see Section 1503.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction in subsection (b) (Register 70, No. 48).

2. Repealer and new section filed 12-6-73; effective thirtieth day thereafter (Register 73, No. 49).

3. Repealer of subsection (a) new subsections (a), and (d)(8) filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

4. Amendment of subsection (a)(1) filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

5. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

6. Amendment of subsection (d)(6) filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

7. New subsection (e) filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

8. Editorial correction of printing error in subsections (d)(6)(B) and (d)(6)(C) (Register 92, No. 19).

§1718. Riding on Loads.

Note • History

(a) No person shall be permitted to ride on loads, hooks, or slings of any derrick, hoist, or crane.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

2. Amendment of subsection (a) filed 12-11-90; operative 1-10-91 (Register 91, No. 4).

§1719. Vertical Slip Form Operations.

Note • History

(a) The steel rods or pipe on which the jacks climb or by which the forms are lifted shall be specifically designed for the purpose. Such rods shall be adequately braced where not encased in concrete.

(b) Jacks and vertical supports shall be positioned in such a manner that the vertical loads are distributed equally and do not exceed the capacity of the jacks.

(c) The jacks or other lifting devices shall be provided with mechanical dogs or other automatic holding devices to provide protection in case of failure of the power supply or the lifting mechanism.

(d) Lifting shall proceed steadily and uniformly and shall not exceed the predetermined safe rate of lift.

(e) Lateral and diagonal bracing of the forms shall be provided to prevent excessive distortion of the structure during the jacking operation.

(f) During jacking operations, the form structure shall be maintained in line and plumb.

(g) All vertical lift forms shall be provided with scaffolding or work platforms completely encircling the area of placement.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Amendment of NOTE filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

§1720. Placement of Concrete.

Note • History

(a) Concrete Buggies.

(1) Handles of buggies shall not extend beyond the wheels on either side of the buggy.

(2) Handles shall be guarded or equipped with knuckle guards.

(b) Concrete Pumps and Placing Booms.

(1) Scope. This subsection is applicable to truck-mounted concrete boom pumps, trailer-mounted concrete pumps and separate concrete placing booms.

(2) Definitions.

Concrete delivery hose. A flexible delivery hose having a coupling on each end.

Control panel. The place where the control actuating devices for the operation of the machine are located.

Delivery system. Delivery lines, hoses, and their components, as well as transfer valves, through which the material to be transported is pumped.

End hose. A flexible concrete delivery hose which has only one end coupling.

Placing boom. Manual or power driven, slewable working device, consisting of one or more extendable or foldable parts which support the concrete delivery system, and which direct the discharge into the desired location.

Remote control. A control device for the machine that is portable and may be connected to the machine by a wire umbilical cord or linked by radio or other wireless means.

(3) General.

(A) Equipment identification and ratings.

1. The following information shall be legibly marked on a durable identification plate on the concrete pump.

a. Manufacturer's name.

b. Year of manufacture.

c. Serial number.

d. Type or model identification.

e. Maximum working pressure in the hydraulic system.

f. Maximum material pressure.

g. Power rating for electrical equipment (voltage, frequency, amperage).

2. The following information shall be legibly marked on a durable identification plate on the placing boom.

a. Manufacturer's name.

b. Year of manufacture.

c. Serial number.

d. Type or model identification.

e. Maximum working pressure in the hydraulic system.

f. Maximum weight per foot of the delivery system, including concrete at 150 lbs/foot3.

(B) Set-up and operation. Concrete pumping equipment and placing booms shall be set-up and operated in accordance with the manufacturer's operation and safety manuals, and these Orders.

1. The manufacturer's operation manual shall be maintained in legible condition and shall be available to the operator during set-up and operation of the equipment.

2. The concrete placing boom shall not be used to drag hoses or lift other loads.

3. Concrete delivery hoses shall not be used as end hoses.

Exceptions for (B)3:

1. Shotcrete operations.

2. When the hose is supported by the walking/working surface while pumping and placing flatwork.

1. Controls shall have their function clearly marked.

2. If there are several control locations, the same operation shall only be possible from one location at a time.

Exception for (C)2:

Emergency stop controls required by subsection (b)(3)(C)4 shall have priority and shall be operable from any installed location.

3. Controls shall be safeguarded against unintentional operation.

Exception for (C)3: Equipment manufactured before May 3, 2006.

4. Each machine shall be equipped with an emergency stop system.

a. The machine shall be equipped with emergency stop devices at the control panels and at the remote control device.

(D) Guarding. Guarding shall be provided and maintained in accordance with the manufacturers' specifications to prevent unintentional access to moving parts.

(E) Delivery systems.

1. Concrete pumping systems using discharge pipes shall be provided with pipe supports designed for twice the rated load, including concrete at 150 lbs/ft3.

2. Compressed air hoses, if used, shall be equipped with connecting ends that shall be chained or otherwise secured to prevent whipping in case of separation when pressurized.

(F) Operation of concrete placing booms in proximity of overhead high-voltage lines shall be in accordance with Article 37 of the High-Voltage Electrical Safety Orders.

1. Warning signs. Concrete placing booms shall be posted with durable warning signs in accordance with Section 2947.

Exception: Minimum clearances from overhead high-voltage lines in accordance with manufacturers' specifications may be posted where minimum clearance distances are greater than those prescribed by Article 37 of the High-Voltage Electrical Safety Orders.

(4) Inspection, maintenance and repairs.

(A) A qualified attendant or operator shall visually inspect the machine's controls and functional mechanisms for maladjustment, damage or deterioration prior to daily use. Any condition that affects the safe operation shall be corrected prior to use.

1. Hoses, clamps and pipes shall be inspected by a qualified attendant or operator prior to use. Damaged or defective hoses, clamps or pipes shall not be used.

(B) A preventative maintenance program shall be established and implemented in accordance with the manufacturer's specifications.

(C) Inspection, maintenance and repairs shall be performed by a qualified person in accordance with the manufacturer's specifications and procedures.

(D) Inspection records shall include the following:

1. A listing of the components and parts inspected and tested.

2. A brief description of test methods, results, and repairs made.

3. Names and signatures of persons performing the inspections.

(E) Records of inspections and maintenance shall be made available to the Division on request.

(5) Manufacturer no longer in business.

(A) If the manufacturer is no longer in business and manufacturer's specifications are no longer available, required set-up, operation, inspection, and maintenance procedures and repairs shall be specified by a qualified person experienced in the field of concrete pumps and placing booms.

(B) Inspection, maintenance and repairs shall be performed by a qualified person in accordance with the specifications and procedures established under the provisions of subsection (b)(5)(A).

(1) Buckets equipped with hydraulic of pneumatic operating gates shall have devices installed to prevent accidental dumping.

(2) Buckets shall be designed to prevent aggregate and loose material from accumulating on the top and sides of the bucket.

(3) Riding of concrete buckets for any purpose shall be prohibited.

(4) No employee shall be permitted to work under concrete buckets while buckets are being elevated or lowered into position.

(d) General.

(1) When discharging on a slope, the wheels of ready-mix trucks shall be blocked and the brakes set to prevent movement.

(2) Nozzle-gun operators shall be required to wear protective head and face equipment as prescribed in article 3.

(e) Adjustment of single post shores to raise formwork shall not be made after the placement of concrete.

(f) Reshoring shall be erected, as the original forms and shores are removed,whenever the concrete is required to support loads in excess of its capacity.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Amendment filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

3. Amendment of subsection (c)(4) and new subsections (e) and (f) filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

4. Amendment filed 4-3-2006; operative 5-3-2006 (Register 2006, No. 14).

§1721. Post-Tensioning Operations.

Note • History

(a) No employee (except those essential to the post-tensioning operations) shall be permitted to be behind the jack during tensioning operations.

(b) Signs and barriers shall be erected to limit employee access to the post-tensioning area during tensioning operations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

§1722. Masonry Construction.

Note • History

(a) A limited access zone shall be established whenever a masonry wall is being constructed. The limited access zone shall conform to the following:

(1) The limited access zone shall be established prior to the start of construction of the wall.

(2) The limited access zone shall be established on the side of the wall which will be unscaffolded.

(3) The width of the limited access zone (measured perpendicularly from the base of the wall on the unscaffolded side) shall be equal to the height of the wall to be constructed plus four feet. The limited access zone shall run the entire zone of the wall. If the width of the limited access zone can not be attained because the wall being constructed is located adjacent to the property line or adjacent to a structure, the width of the limited access zone shall be the width permitted by the obstruction of the property line or structure.

(4) The limited access zone shall be restricted to entry by employees actively engaged in constructing the wall. No other employee shall be permitted to enter the zone.

(5) The limited access zone shall remain in place until the wall is adequately supported to prevent collapse unless the height of wall is over eight feet, in which case, the limited access zone shall remain in place until the requirements of section 1722(b) have been met.

(b) All masonry walls over eight feet in height shall be adequately braced to prevent overturning and to prevent collapse unless the wall is adequately supported through its design and/or construction method to prevent overturning or collapse. The bracing shall remain in place until permanent supporting elements of the structure are in place.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

§1722.1. Requirements for Lift-Slab Construction Operations.

Note • History

(a) Lift-slab operations shall be designed and planned by a civil engineer currently registered in California who determines that he/she has sufficient experience in lift-slab construction to so design and plan the lift-slab operation. Such plans and designs shall be implemented by the employer and shall include detailed instructions and sketches indicating the prescribed method of erection. These plans and designs shall also include provisions for ensuring lateral stability of the building/structure during construction.

(b) Jacks/lifting units shall be marked to indicate their rated capacity as established by the manufacturer.

(d) Jacking equipment shall be capable of supporting at least two and one-half times the load being lifted during jacking operations and the equipment shall not be overloaded. For the purpose of this provision, jacking equipment includes any load bearing component which is used to carry out the lifting operation(s). Such equipment includes, but is not limited, to the following: threaded rods, lifting attachments, lifting nuts, hook-up collars, T-caps, shearheads, columns, and footings.

(e) Jacks/lifting units shall be designed and installed so that they will neither lift nor continue to lift when they are loaded in excess of their rated capacity.

(f) Jacks/lifting units shall have a safety device installed which will cause the jacks/lifting units to support the load in any position in the event any jack/lifting unit malfunctions or loses its lifting ability.

(g) Jacking operations shall be synchronized in such a manner to insure even and uniform lifting of the slab. During lifting, all points at which the slab is supported shall be kept within one-half inch of that needed to maintain the slab in a level position.

(h) If leveling is automatically controlled, a device shall be installed which will stop the operation when the one-half-inch tolerance set forth in Section 1722.1(g) is exceeded or where there is a malfunction in the jacking (lifting) system.

(i) If level is maintained by manual controls, such controls shall be located in a central location and attended by a competent person while lifting is in progress. The competent person must have previously operated the type of manually controlled lifting equipment being used.

(j) The maximum number of manually controlled jacks/lifting units on one slab shall be limited to a number that will permit the operator to maintain the slab level within specified tolerances of section 1722.1(g), but in no case shall that number exceed 14.

(k) No employee, except those essential to the jacking operation, shall be permitted in the building/structure while any jacking operation is taking place unless the building/structure has been reinforced sufficiently to ensure its integrity during erection. The phrase “reinforced sufficiently to ensure its integrity” used in this section means that a civil engineer currently registered in California, independent of the engineer who designed and planned the lifting operation, has determined from the plans that if there is a loss of support at any jack location, that loss will be confined to that location and the structure as a whole will remain stable.

(1) Under no circumstances, shall any employee who is not essential to the jacking operation be permitted immediately beneath a slab while it is to be lifted.

(2) For the purpose of section 1722.1(k), a jacking operation begins when a slab or group of slabs is lifted and ends when such slabs are secured (with either temporary connections or permanent connections).

(l) When making temporary connections to support slabs, wedges shall be secured by tack welding, or an equivalent method of securing the wedges to prevent them from falling out of position. Lifting rods may not be released until the wedges at that column have been secured.

(m) All welding on temporary and permanent connections shall be performed by a certified welder, according to the welding requirements specified in the plans and specifications for the lift-slab operation.

(n) Load transfer from jacks/lifting units to building columns shall not be executed until the welds on the column shear plates (weld blocks) are cooled to air temperature.

(o) Jacks/lifting units shall be positively secured to building columns so that they do not become dislodged or dislocated.

(p) Equipment shall be designed and installed so that the lifting rods cannot slip out of position or the employer shall institute other measures, such as the use of locking or blocking devices, which will provide positive connection between the lifting rods and attachments and will prevent components from disengaging during lifting operations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-22-90; operative 11-21-90 (Register 90, No. 48).

2. Amendment of section heading and text filed 8-11-92; operative 9-10-92 (Register 92, No. 33).

Article 30. Roofing Operations and Equipment

§1723. Application.

Note • History

(a) The Orders contained in this Article are intended to apply to employees engaged in the removal or application of:

(1) Single-unit (Monolithic) roof coverings which include built-up roofing of asphalt or coal-tar pitch or like materials, and flat-seam metal roofings or like materials, and

(2) Multiple-unit roof coverings which include asphalt shingles, asbestos-cement shingles, standing-seam metal panels, shingle metal roofing, wood shakes and shingles, clay tile, concrete tile, slate or like materials.

(b) Applicable parts of this Article shall apply wherever kettles, tankers or pots with capacities in excess of 5 gallons are used in providing hot asphalt, pitch or like materials for construction or maintenance operations.

(c) When the work is of short duration and limited exposure, such as minor patching, measuring, roof inspection, etc., and the hazards involved in rigging and installing the safety devices required by this Article equals or exceeds the hazards involved in the actual construction, these provisions may be temporarily suspended provided that adequate risk control is recognized and maintained.

Note: See Appendix for additional information on roofing safety.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 30 (Sections 1725-1730) and new Article 30 (Sections 1723-1730) filed 6-6-80; effective thirtieth day thereafter (Register 80, No. 23). For prior history, see Registers.

2. Amendment of subsections (a)(1) and (a)(2) filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).

§1724. Roofing--General.

Note • History

(a) Roof Jack Systems (Includes Jacks, Planks and Appurtenances.)

(1) Roof jacks shall be constructed to fit the slope of the roof and be designed, fabricated and installed in such a manner that they will sustain all expected loads. The supported plank shall be positioned at some angle from perpendicular to the roof to horizontal. For suggested installation, see Appendix Plate C-19.

(2) Intervals (spans) between roof jacks shall not exceed 10 feet.

(3) When rope supports are used, they shall consist of first-grade Manila rope of at least 3/4-inch diameter or other material of equivalent strength.

(4) Wooden supporting members that span between jacks, as illustrated in Appendix Plate C-19, shall be selected lumber as defined in Section 1504(a), or equivalent and be of at least 2-inch by 6-inch material. Where supporting members other than wood are used they shall be of at least the equivalent strength.

(b) Crawling Boards.

(1) Crawling boards shall be not less than 10 inches wide and 1-inch thick, and shall have cleats of at least 1-inch by 1 1/2-inch material. The cleats shall be equal in length to the width of the board and spaced at equal intervals not to exceed 24 inches. Nails shall be driven through and clinched on the underside of the board.

(2) Where building design permits, the crawling boards shall extend from the ridge pole to the eaves.

(3) A firmly fastened line of at least 3/4-inch diameter Manila rope, or equivalent, shall be laid beside each crawling board for use as a handhold.

(4) Crawling boards shall be secured to the roof by adequate ridge hooks or other effective means.

(1) When catch platforms are used, they shall be installed in close proximity below the eaves below roof work areas, extend at least 2 feet horizontally beyond the projection of the eaves, and be provided with standard railings and toeboards (See Article 16).

(2) The platforms shall be fully planked.

(d) Scaffold Platforms.

(1) When built-up scaffold platforms are used to protect workers from falls from the edges of roofs, they shall be installed and maintained in accordance with the provisions of Article 22, Scaffolds.

(2) A fully planked platform shall be provided near the eave level.

(e) Eave Barriers.

(1) When a system of eave barriers is provided to prevent falls from roofs, the barrier, unless of solid construction, shall be in accordance with the provisions of Article 16, Standard Railings.

(2) The barrier system shall be securely anchored at eave level or supported by ropes securely tied to substantial anchorages on the roof.

(3) If the barrier system is to be moved from one work area to another, employees performing the moving operation shall be protected by the use of safety belts and lines.

(f) Personal Fall Protection.

(1) Where used to prevent workers from falling off roofs, personal fall arrest systems, personal fall restraint systems and positioning devices shall be installed and used in accordance with the provisions of Article 24, Fall Protection.

(2) Safety lines shall be attached in a secure manner to substantial anchorages on the roof.

(g) High-Lift Material Trucks. Standard railings and toeboards shall be provided on the open sides of the platforms of high-lift material trucks when the platform is used as a work surface, except when it is not feasible during loading or unloading operations at elevations 7 1/2-feet or more above ground, floor or level underneath.

(h) Ramps and Runways.

(1) Ramps or runways erected and used exclusively for the purpose of loading or unloading roofing materials at elevations above ground, or other level below, not exceeding 20 feet in height shall be at least 40 inches in width. At those elevations exceeding 20 feet in height, standard guardrails shall be installed and maintained on both sides of the ramp or runway.

Note: A 10-inch wide horizontal opening is permitted between the railing and the ramp or runway platform.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (h)(1) filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).

2. Amendment of subsection (g) filed 10-30-81; effective thirtieth day thereafter (Register 81, No. 44).

3. Amendment of subsection (a) filed 3-29-82; effective thirtieth day thereafter (Register 82, No. 14).

4. Amendment of subsections (a), (b), (d), (e) and (h) filed 12-15-86; effective thirtieth day thereafter (Register 86, No. 51).

5. Amendment of subsection (f)(1) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

§1725. Handling of Buckets, Kettles and Tankers.

Note • History

(a) Buckets containing hot asphalt or pitch shall not be carried on ladders.

(b) Not more than one bucket of hot asphalt or pitch shall be carried at one time by a worker on a roof having a slope ratio of 6 vertical in 12 horizontal (6:12) or steeper.

(c) Buckets used in carrying service shall be filled so that the liquid surface is not closer than 4 inches from the top. No other open container transporting hot asphalt or pitch shall be filled beyond 75 percent of capacity.

(d) An attendant shall be within 100 feet of a kettle or tanker at all times while the burner flame is on, with no ladders or similar obstacles forming a part of the route to be taken to reach the kettle or tanker. However, if the kettle or tanker is controlled by an operating thermostat, the above distance and route limitations do not apply, provided that arrangements are made for needed service.

(e) A clear path, free of debris, shall be maintained between the kettle and the hoist or hand line.

(f) When moving the kettle on any public street or roadway, it shall be drained at least 5 inches below the splash rail.

(g) When in use, the LPG fuel container shall be installed in accordance with the provisions of Article 32, Oxygen, Acetylene and Fuel Gas.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (d) filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).

2. Amendment of subsections (c) and (g) filed 12-15-86; effective thirtieth day thereafter (Register 86, No. 51).

§1726. Asphalt and Pitch Kettles.

Note • History

(a) The covers on kettles shall be constructed to close tightly.

(b) Kettles shall be equipped with adjustable supports for use in setting kettles so that they are prevented from turning over.

(c) Relief Valve. The fuel tank of every kettle that depends upon the pressure of power-pumped (machine compressed) air for fuel delivery shall be equipped with a spring-loaded relief valve set to pop at a pressure not to exceed the maximum safe working pressure of the vessel, but in no case greater than 60 pounds per square inch.

(d) A Class BC fire extinguisher shall be kept near each kettle in use. Extinguisher capacity shall be at least as follows:

Less than 150 gallons 8:B.C.

150 to 350 gallons 16:B.C.

Larger than 350 gallons 20:B.C.

(e) An extension handle of sufficient length to permit safe closing of a stuck spigot shall be accessible near the kettle at all times.

(f) Kettle and tanker pumps shall be provided with a means of stopping the flow of hot asphalt or pitch manually from the roof top in emergencies when an attendant is not provided within 100 feet horizontally or 20 feet vertically from the kettle or tanker.

(g) Pumper pipelines shall be securely fastened at roof top and shall not be supported by ladders used for access.

(h) Kettles shall have the following safety features:

(1) A fluid level indicator, such as a dipstick, that will indicate the level of liquid asphalt or pitch within the kettle without the necessity of opening the lid for direct observation.

(2) Vents providing a total open area of not less than 100 square inches for up to 200 gallons capacity and not less than 200 square inches for kettles of larger capacities.

Note: See Sections on LP-Gas use, Article 32.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (h) filed 12-15-86; effective thirtieth day thereafter (Register 86, No. 51).

§1727. Kettles Mounted and Used on Elevated Truck Beds.

Note • History

(a) Platforms shall be designed and constructed to:

(1) Carry imposed load without excessive tipping or distortion.

(2) Provide a clear work area at least 4 feet wide at the accessible sides and ends of the kettle, including an unobstructed 4-foot passageway between the kettle spigot and the roof.

(3) Provide a noncombustible platform or platform covering.

(b) An access ladder to the platform must be provided. This ladder shall be fixed or be provided with an easily engaged attachment bracket that will prevent ladder slippage. Ladder rails must extend 3 feet above the platform, unless adequate handholds above the platform are provided.

(c) Railings shall be provided around the edges of the platform in accordance with the provisions of Article 16, Standard Railings.

(d) The platform shall be kept reasonably free from asphalt or pitch drippings.

(e) Kettle covers shall be closed when the truck is in motion.

(f) Kettles shall be securely attached to the platform so they will not shift or tip.

(g) Kettle burners must be extinguished when the truck is moving.

(h) No riders are to be allowed on the elevated platform while the truck is in motion.

(i) Platforms which can be raised and lowered shall be locked in place when in an elevated position.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a)-(c) and (f) filed 12-15-86; effective thirtieth day thereafter (Register 86, No. 51).

§1728. Handling Coal Tar Pitch.

Note

(a) When coal tar pitch is being handled, suitable skin protection substances shall be readily available at the job site for the use of workers, and workers shall be instructed in its use in accordance with Section 1510.

(b) Suitable respiratory and eye protection shall be readily available to workers handling coal tar pitch in confined spaces where ventilation is inadequate to promptly dissipate the fumes and vapors.

(c) Suitable washing or cleansing facilities shall be available for use on exposed skin surfaces of those handling coal tar pitch.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§1729. Hot Asphalt and Hot Pitch Buckets and Gallows-Type Frames.

Note • History

(a) Hot Asphalt and Hot Pitch Buckets.

(1) Every hot asphalt and hot pitch bucket shall be made of No. 24 gauge or heavier sheet steel and shall have a metal bail of 1/4-inch diameter or larger material. The bail shall be fastened to offset ears, or equivalent, which have been riveted, welded, or otherwise securely attached to the bucket.

(2) Mop buckets shall not have a capacity in excess of 9 1/2 gallons.

(3) Mop buckets shall not be used as carrying buckets.

(4) Carrying buckets shall not have a capacity in excess of 6 gallons.

(b) Gallows-Type Frames.

(1) Gallows-type frames shall be made of “selected lumber,” or material of equivalent strength, firmly bolted or nailed together and may be job site fabricated or a manufactured assembly. Construction may be as illustrated in Plate C-18, Appendix, or alternate designs may be used provided equivalent or greater strength is afforded.

(2) Gallows-type frames shall be securely tied back to solid construction on the roof at all times while in use or in the case of designs incorporating counterbalancing means, shall be counterbalanced with items or materials which will not be used in performing the work which is being done during the period the hoist is being used.

(3) If a tieback is used, the tieback shall be of Manila rope not less than 3/4-inch in diameter, or equivalent, tied securely to the tailpiece, stretched tight and lashed to an object on the roof suitable to provide secure anchorage to hold the frame in place when loaded.

(4) Gallows-type frames are for single line hand use and muscle power only. Any attachment of a power system, winch, hoist, or blocks is prohibited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b)(4) filed 10-30-81; effective thirtieth day thereafter (Register 81, No. 44).

§1730. Roof Hazards.

Note • History

(a) During roofing operations the employer shall comply with the provisions of Section 1509 and employees shall be trained and instructed in accordance with the provisions of Section 1510 of these orders.

(b) Slopes 0:12 to 4:12--Single-Unit (Monolithic) Roof Coverings.

(1) Employees shall be protected from falls from roofs of a height of more than 20 feet by use of one or a combination of the methods in this section. Whenever felt laying machines or other equipment that is pulled by an operator who walks backwards is being used, this provision shall apply regardless of the height.

(2) Warning lines consisting of rope, wire or similar material, flagged with highly visible material hanging from the warning lines at approximately 6-foot intervals, shall be installed 34 to 45 inches above the roof surface to warn employees that they are approaching the edge of the roof.

(A) The stanchions (portable or fixed) supporting the warning lines shall be designed and installed to minimize tip over or displacement under normal working conditions.

(B) Warning lines shall have a minimum tensile strength of 500 pounds.

(C) The line shall be attached at each stanchion in such a way that pulling on one section of the line between stanchions will not result in slack being taken up in adjacent sections before the stanchion tips over.

(3) Unless conditions prohibit, headers consisting of sheets of roofing or other roofing materials shall also be laid parallel to the edges of the roof to warn employees that they are approaching the edge of the roof.

(4) The warning lines and headers shall be placed no closer than 5 feet from the roof edge.

(5) When using felt-laying machines or other equipment that is pulled by an operator who walks backwards or motorized equipment on which the operator rides, the headers shall be placed no closer than 10 feet and the warning lines shall be placed no closer than 5 feet from those roof edges that are perpendicular (or nearly so) to the direction in which the operator is moving and when conditions prohibit the use of headers, the warning lines shall be placed no closer than 10 feet from those roof edges that are perpendicular (or nearly so) to the direction in which the operator is moving.

(6) The warning lines and headers shall be erected either around the complete perimeter of the roof or only in areas of the roof where work is being accomplished, so long as the warning lines and headers are moved as the work progresses in such a manner as to provide continuous warning to employees in the work area when they approach the roof edge. Access paths shall be erected as follows:

(A) Points of access, materials handling areas and storage areas shall be connected to the work area by a clear access path formed by two warning lines.

(B) When the path to a point of access is not in use, a rope, wire, or chain, equal in strength and height to the warning line, shall be placed across the path at the point where the path intersects the warning line erected around the work area.

(7) Employees shall be instructed to stay inside the warning lines and headers except when work must be performed at the roof edge.

(8) Application of materials outside the warning lines shall be closely supervised by a qualified person.

(9) On narrow roofs and roofs of unusual shape where warning lines and headers would be impractical, the application of materials shall be closely supervised by a qualified person.

(10) When a felt-laying machine or any other equipment that is pulled by an operator who walks backwards is being used, the operator shall be no closer than 3 feet to the roof edges that are parallel (or nearly so) to the direction in which the operator is moving. Motorized equipment on which the operator rides shall not be used or stored between the warning line and the roof edge.

Note: The provisions of subsection (b) do not apply when employees are protected by the use of one or a combination of the following methods:

Personal Fall Protection [Section 1724(f)].

Catch Platforms [Section 1724(c)].

Scaffold Platforms [Section 1724(d)].

Eave Barriers [Section 1724(e)].

Standard Railings and Toeboards (Article 16).

Parapets at least 24 inches high; except that at those job sites where felt-laying machines or other equipment that is pulled by an operator who walks backwards or motorized equipment on which the operator rides is being used, the provisions of this subsection shall not apply provided that the parapet is 36 inches or more in height at those roof edges which are perpendicular (or nearly so) to the direction in which the equipment is moving.

(c) Slopes Greater Than 4:12--Single-Unit (Monolithic) Roof Coverings. Employees shall be protected from falls from roofs of a height of more than 20 feet by use of one or a combination of the following methods:

(1) Parapets, 24 inches or higher.

(2) Personal Fall Protection [Section 1724(f)].

(3) Catch Platforms [Section 1724(c)].

(4) Scaffold Platforms [Section 1724(d)].

(5) Eave Barriers [Section 1724(e)].

(6) Standard Railings and Toeboards (Article 16).

Note: The provisions of this subsection (c) do not apply under the following conditions:

At those job sites where motorized equipment on which the operator rides which has been designed for use on roofs of slopes greater than 4:12 is being used if the parapet is 36 inches or more in height at those roof edges which are perpendicular (or nearly so) to the direction in which the equipment is moving.

(d) Equipment Hazards on Sloped Roofs--Single-Unit (monolithic) Roof Coverings. Equipment that is pulled by an operator who walks backwards shall not be used on a roof having a slope greater than 4:12.

(e) Slopes 0:12 Through 5:12--Multiple-Unit Roof Coverings. Employees shall be protected from falls from roofs that are of a height of more than 20 feet by the use of a roof jack system as provided in Section 1724(a), a minimum of 24-inch high parapet, or other method affording equivalent protection.

(f) Slopes Greater Than 5:12--Multiple-Unit Roof Coverings. Employees shall be protected from falls from roofs that are of a height of more than 20 feet by one or a combination of the following methods:

(1) A parapet at least 24 inches high.

(2) Personal Fall Protection [Section 1724(f)].

(3) Catch Platforms [Section 1724(c)].

(4) Scaffold Platforms [Section 1724(d)].

(5) Eave Barriers [Section 1724(e)].

(6) Roof Jack Systems [Section 1724(a)] (Safety lines shall be required in conjunction with roof jack systems on roofs steeper than 7:12)

Note: For purposes of Section 1730, the height measurement shall be determined by measuring the vertical distance from the lowest edge of the roof or eaves to the ground or level below. The height of parapets shall not be included in the roof height measurements.

Exception to Section 1730: Section 1731 applies instead of Section 1730 for roofing work on new production-type residential construction with roof slopes 3:12 or greater.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (b)(5) and (b)(9) filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).

2. Amendment of subsection (b) filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).

3. Amendment of subsections (b)(1), (c), (e) and (f) filed 10-30-81; effective thirtieth day thereafter (Register 81, No. 44).

4. Amendment of subsection (a) filed 12-15-86; effective thirtieth day thereafter (Register 86, No. 51).

5. Editorial correction of subsection (c)(5) (Register 95, No. 41).

6. Amendment of subsections (b)(10), (c)(2) and (f)(2) filed 7-2-98; operative 8-1-98 (Register 98, No. 27).

7. Amendment adding Exception to subsection (f)(6) filed 3-2-2007; operative 4-1-2007 (Register 2007, No. 9).

§1731. Roof Hazards -- New Production-Type Residential Construction.

Note • History

(a) Scope and Application.

(1) This section shall apply only to roofing work on new production-type residential construction with roof slopes 3:12 or greater.

(2) This section does not apply to custom-built homes, re-roofing operations, roofing replacements or additions on existing residential dwelling units.

For other roofing operations and slopes less than 3:12, see Section 1730.

(b) Definitions.

Custom-built home. A single detached housing unit built under a single contract.

Eaves. The lowest edge of a sloped roof.

Production-type residential construction. Any new residential housing unit that is not a custom-built home.

Roof. The exterior surface on the top of a building. This does not include floors or formwork which, because a building has not been completed, temporarily become the top surface of a building.

Roof slope. For the purposes of this section, the incline angle of a roof surface, given as a ratio of the vertical rise to the horizontal run. For example, a 4:12 roof has 4 feet of vertical rise for 12 feet of horizontal run.

Roof work. The loading and installation of roofing materials, including related insulation, sheet metal that is integral to the roofing system, and vapor barrier work, but not including the construction of the roof deck.

(1) Roof Slopes 3:12 through 7:12: Employees shall be protected from falling when on a roof surface where the eave height exceeds 15 feet above the grade or level below by use of one or any combination of the following methods:

(A) Personal Fall Protection (Section 1670).

(B) Catch Platforms [Section 1724(c)].

(D) Eave Barriers [Section 1724(e)].

(E) Standard Railings and Toeboards (Article 16).

(F) Roof Jack Systems [Section 1724(a)].

(2) Roof Slopes Steeper than 7:12: Employees shall be protected from falling by methods prescribed in Subsections (c)(1)(A), (B), (C), or (E) regardless of height.

(d) Training.

(1) In addition to training required by Sections 1509 and 3203, each affected employee shall be trained to ensure specific awareness of the fall hazards associated with roofing work, including, but not limited to:

(A) Work on or near gable ends,

(B) Slipping hazards,

(D) Skylights,

(E) Work on ladders and scaffolds,

(F) Access to roof,

(G) Placement and location of materials on the roof,

(H) Impalement hazards, and

(I) Care and use of fall protection systems.

(2) Documentation of employee training shall be maintained as required by Section 3203 of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 3-2-2007; operative 4-1-2007 (Register 2007, No. 9).

Article 31. Demolition

§1733. Permits. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-1-74 as an emergency; effective upon filing (Register 74, No. 31).

2. Certificate of Compliance filed 11-22-74 (Register 74, No. 48).

3. Certificate of Compliance refiled 11-27-74 (Register 74, No. 48).

4. Repealer and new section filed 11-29-74; effective thirtieth day thereafter (Register 74, No. 48).

5. Repealer filed 12-4-86; effective thirtieth day thereafter (Register 86, No.49).

§1734. Supervision.

Note • History

(a) Demolition work shall at all times be under the immediate supervision of a qualified person with the authority to secure maximum safety for employees engaged in demolition work.

(b)(1) Prior to permitting employees to start demolition operations, a qualified person shall make a survey of the structure to determine the condition of the framing, floors, and walls, and the possibility of an unplanned collapse of any portion of the structure. Any adjacent structure where employees may be exposed shall also be similarly checked.

(2) The survey shall be in written form, kept on the job-site and made available to the Division upon request. The written survey shall be maintained for the duration of the demolition project.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (b) filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).

3. Amendment of subsection (a) and newly designated subsection (b)(1) and new (b)(2) filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

§1735. Demolishing Buildings.

Note • History

(a) Utility companies shall be notified and all utility service shut off, capped, or otherwise controlled, at the building or curb line before starting demolition, unless it is necessary to use electricity or water lines during demolition. If use is necessary, the utility services shall be relocated or rearranged as necessary and protected from physical damage.

(b) It shall also be determined if any type of hazardous chemicals, gases, explosives, flammable materials, or similarly dangerous substances have been used in any pipes, tanks, or other equipment on the property. When the presence of any such substances is apparent or suspected, testing and purging shall be performed and the hazard eliminated before demolition is started.

(c) Pipe-covering insulation, steel beam and column fire protection, and heating, ventilating and air-conditioning duct work shall be surveyed for asbestos. If asbestos is present, the employer shall comply with Section 1529.

(d)(1) Prior to starting demolition operations, all structural or other hazardous deficiencies noted during the survey required by Section 1734(b)(1) shall be shored, braced or otherwise corrected as recommended in the survey.

(2) Walls, which serve as retaining walls to support earth or adjoining structures, shall not be demolished until the hazard from moving ground has been eliminated by sloping, shoring or, where necessary, adjoining structures have been properly underpinned.

(3) Walls, which are to serve as retaining walls against which debris will be piled, shall not be so used unless determined to be capable of safely supporting the imposed load.

(4) During demolition, continuing inspections shall be made as the work progresses to detect hazards resulting from weakened or deteriorated floors or walls, or loosened material.

Employees shall not be permitted to work where such hazards exist until they are corrected by shoring, bracing, or other effective means.

(e) In demolishing any building or structure or alteration involving partial demolition thereof, all material displaced, unless required for reconstruction, shall be transported immediately to the ground. The amount of material stored upon any structure or any portion of such structure shall not exceed its safe carrying capacity.

(f)(1) Except for the cutting of holes in floors for chutes, holes through which to drop materials, preparation of storage space, and similar necessary preparatory work, the demolition of exterior walls and floor construction shall begin at the top of the structure and proceed downward and each story of exterior wall and floor construction shall be removed and dropped into the storage space before commencing the removal of exterior walls and floors in the story next below.

(2) Any openings cut in a floor for the disposal of materials shall be no larger in size than 25 percent of the aggregate of the total floor area, unless the lateral supports of the removed flooring remain in place. Floors weakened or otherwise made unsafe by demolition operations shall be shored to safely support the intended imposed load from demolition operations.

(3) Flooring boards may be removed from not more than one floor above grade to provide storage space for debris, provided falling material is not permitted to endanger structural stability.

(4) When wood floor beams serve to brace interior walls or free-standing exterior walls, such beams shall be left in place until other equivalent support can be installed to replace them.

Note: For selective demolition by explosives of buildings and structures, refer to appropriate Articles of Group 18, Explosives and Pyrotechnics of the General Industry Safety Orders and this Article.

(g) Sections of walls shall not be allowed to fall upon floors supported by wood joists or other floors unable to withstand such impact.

(h) Walkways that meet the requirements of Section 1624 shall be provided where necessary for access.

(i) Walking across exposed floor joists, steel beams, or girders is prohibited.

(j) All persons on demolition projects shall be protected from falling material at employee entrances to multi-story structures being demolished, by sidewalk sheds or canopies or both, providing protection extending from the face of the building for a minimum of 8 feet. All such canopies shall be at least two feet wider than the building entrances or openings (one foot wider on each side thereof) and shall be capable of sustaining a load of 150 pounds per square foot.

(k) Exterior wall openings on all floors shall be protected to a height of not less than 42 inches, except on the ground floor and the floor being demolished.

(l) Where a hazard exists from fragmentation of glass, all glazed openings shall be removed at least one floor below the working level.

(m)(1) No wall section, which is more than one story or 12 feet in height, shall be permitted to stand alone without lateral bracing, unless a civil engineer, currently registered in California, has submitted engineering data to the Division substantiating the capability of the wall to stand without lateral support.

(2) All walls shall be left in a stable condition at the end of each work day.

(n) Steel construction shall be dismantled column length by column length, and tier by tier (columns may be two-story lengths.) Any structural unit being dismantled shall not be overstressed.

(o) Planks spanning the distance between adequate beams shall be used where necessary as a substitute for weakened floors, and as access walkways over open or weakened areas.

When demolishing floors and roofs, employees shall be prohibited from working below this activity. Demolition of floor spaces shall continue until all unsupported flooring is removed. When employees are required to remove floor support beams, wall sections, etc., by hand, scaffolding as described in Article 21 of the Construction Safety Orders or elevating work platforms and aerial devices as described in Article 24 of the General Industry Safety Orders shall be provided and used where necessary to insure employee safety.

(p)(1) Stairways designated as means of access shall be maintained clear for use within two floors or twenty-four feet of the demolition work above.

(2) Ladders shall be provided for these remaining two floors and shall be constructed and maintained in accordance with Article 25, Ladders. Other access ways shall be entirely closed off at all times.

(3) Walkways or ladders shall be provided to enable employees to safely reach or leave any scaffold or wall.

(q) In a multi-story building, when a stairwell is being used for access or egress, it shall be properly illuminated by either natural or artificial means, and completely and substantially covered over at a point not less than two floors below the floor on which work is being performed, and access to the floor where the work is in progress shall be through a properly lighted, protected, and separate passageway.

(r)(1) Construction passenger elevators for hoisting employees shall be provided on demolition projects on multi-story buildings seven or more floors or seventy-two feet or more in height.

(2) Landings shall be provided for the passenger elevators on or in buildings at intervals not to exceed four floors or forty-eight feet.

(3) Where there is doubt concerning structural integrity or engineering data indicates attachment of an elevator may jeopardize the strength of the building or structure, the Division may permit alternate methods of installation. Other means of employee access may also be allowed by the Division where the above is clearly impractical.

(s) If the method of demolition leaves the structural steel frame in place, then the tier of beams next below the tier from which beams and columns are being removed shall be planked over, unless safety nets are used or the floor of such tier has not been removed. Necessary openings for material handling are allowed. All loose material shall be removed from the steel frame as demolition progresses downward.

(t) Provisions for dust control shall include the use of water to keep material or debris sufficiently wet or other equivalent steps taken to prevent dust from rising.

(u) Mechanical equipment shall not be used on floors or working surfaces unless a qualified person has determined that such floors or surfaces are of sufficient strength to support the imposed load.

(v) Where mechanical equipment is used for demolition work, floor openings shall have curbs or stop-logs to prevent equipment from running over the edge.

(w) No salvage of materials shall be permitted during demolition operations on any building, structure, falsework or scaffold more than three stories high or the equivalent height for which a permit is required.

Note: For mechanical demolition of buildings and structures, refer to appropriate sections of Article 10 of the Construction Safety Orders, Article 93 of the General Industrial Safety Orders, and this Article.

NOTE

Authority cited: Sections 142.3, Labor Code. Reference: Sections 142.3 and 6401.5, Labor Code.

HISTORY

1. Amendment filed 2-11-72, effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment filed 5-21-75, effective thirtieth day thereafter (Register 75, No. 21).

3. Amendment of subsection (n) filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

4. New subsection (z) filed 4-3-78; effective thirtieth day thereafter (Register 78, No. 13).

5. Amendment filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).

6. Editorial correction of printing error in subsection (o) (Register 92, No. 33).

7. Amendment filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

8. Editorial correction redesignating erroneous second subsection (g) as subsection (q) (Register 2010, No. 34).

§1736. Disposal of Waste Material.

Note • History

(a) Whenever waste material is dropped to any point lying outside the exterior walls of the building, enclosed chutes shall be used unless the area is effectively protected by barricades, fences or equivalent means. Signs shall be posted to warn employees of the hazards of falling debris.

(b) When chutes are used to load trucks, they shall be fully enclosed. Gates shall be installed in each chute at or near the discharge end. A qualified person shall be assigned to control the operation of the gate, and the backing and loading of trucks.

(c) Enclosed chutes should be designed for free flow of material, but if clogging or stoppages occur, employees shall not remove material from the chutes with their hands. Picks or other suitable implements shall be used for this purpose.

(d) Any chute opening, into which employees dump debris by hand, shall be protected by a guardrail. Any open spaces between the chute and the edge of floor openings through which the chute passes shall be covered over.

(e) When operations are not in progress, the discharge end of the chute shall be securely closed off, or the area barricaded or fenced as provided in Section 1736(a).

(f) When debris is dropped through holes in the floor without the use of chutes, the area onto which the material is dropped shall be completely enclosed with barricades not less than 42 inches high, and not less than six feet back from the projected edge of the opening above. Signs warning of the hazard of falling materials shall be posted at each level. Debris removal shall not be permitted in this lower drop area until debris handling ceases above.

(g) All scrap lumber, waste material, and rubbish shall be removed from the immediate work area as the work progresses.

(h) All solvent waste, oily rags, and flammable liquids shall be kept in fire resistant covered containers until removed from the work site.

(i)(1) Where the material is dumped from mechanical equipment or wheelbarrows, a securely attached toeboard or bumper, not less than six inches thick and six inches high, shall be provided at each chute opening.

(2) Chutes shall be designed and constructed of such strength as to eliminate failure due to impact of materials or debris loaded therein.

(j) All material chutes, or sections thereof, at an angle of more than 45 degrees from the horizontal, shall be entirely enclosed, except for openings equipped with closures at or about floor level for the insertion of materials. The openings shall not exceed 48 inches in height measured along the wall of the chute. At all stories below the top floor, such openings shall be kept closed when not in use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-11-72; effective thirtieth day thereafter (Register 72, No. 7).

2. Amendment of subsection (b) and new subsection (h) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21). for specific requirements involving permit requirements, see the Unfired Pressure Vessel Safety Orders.

3. Amendment filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).

4. Amendment of section heading, subsections (a)-(c), new subsection (d), subsection relettering, amendment of newly designated subsections (e)-(f) and (i)(1), and new subsection (j) filed 5-22-95; operative 6-21-95 (Register 95, No. 21).

§1737. Fire Prevention. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-11-72; effective thirtieth day thereafter (Register 72, No.7).

2. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

3. Repealer filed 12-4-86; effective thirtieth day thereafter (Register 86, No.49).

Article 32. Oxygen, Acetylene, and Fuel Gas

§1739. Permit to Operate. [Repealed]

History

HISTORY

1. Repealer filed 1-18-78; effective thirtieth day thereafter (Register 78, No. 3).

§1740. Storage and Use of Cylinders.

Note • History

(a) All gas cylinders shall be protected against undue absorption of heat.

(b) Acetylene and Fuel gas cylinders, including but not limited to welding and cutting fuel gas cylinders, shall be stored and used with the valve end up.

Exception: Fuel gas cylinders containing fuel gas used to power industrial trucks regulated by Article 25 of the General Industry Safety Orders.

Cylinders containing oxygen, acetylene or fuel-gases shall not be taken into confined spaces.

(c) Gas cylinders in portable service shall be conveyed by suitable hand trucks to which they are securely fastened, or safely carried where job conditions require. All gas cylinders in service shall be securely held in substantial fixed or portable racks, or placed so they will not fall or be knocked over.

Valve protection caps, when provided for, shall be put in place before cylinders are moved, transported or stored.

(d) Gas cylinders raised or lowered by crane, hoist, or derrick must be handled in suitable cradles, nets, or skip boxes, and shall never be lifted by magnet or by rope or chain slings.

(e) Cylinders must not be placed where they might form a part of any electric circuit.

(f) No attempt shall be made to transfer acetylene from one cylinder to another, or to mix gases in a cylinder.

(g) Oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least one-half hour.

(h) Cylinders shall be kept far enough away from the actual welding or cutting operation so that sparks, hot slag, or flame will not reach them. When this is impractical, fire resistant shields shall be provided.

(i) LP-Gas vessels used for roofer's tar pots, plumber's pots and torches, space heaters, etc., shall be so installed that heat from the burner will not increase the temperature of the tank more than 10 degrees Fahrenheit after one hour of operation of the burner at full capacity.

(j) LP-Gas vessels installed on mobile equipment shall have the bottom of the container, and/or any outlet connection, not lower than the lowest horizontal edge of the vehicle axle when fully loaded. Such units shall be adequately secured to prevent jarring loose, slipping, or rotating.

(k) Use of Fuel Gas.

(1) The employer shall instruct employees in the safe use of fuel gas.

(2) Before a regulator to a cylinder valve is connected, the valve shall be opened slightly and closed immediately. (This action is generally termed “cracking” and is intended to clear the valve of dust or dirt that might otherwise enter the regulator.)

(3) The person cracking the valve shall stand to one side of the outlet, not in front of it. The valve of a fuel gas cylinder shall not be cracked where the gas would reach welding work, sparks, flame, or other possible sources of ignition.

(l) The cylinder valve shall be opened slowly to prevent damage to the regulator. For quick closing, valves on fuel gas cylinders shall not be opened more than 1 1/2 turns. When a special wrench is required, it shall be left in position on the stem of the valve while the cylinder is in use so that the fuel gas flow can be shut off quickly in case of an emergency. In the case of manifolded or coupled cylinders, at least one such wrench shall be available for immediate use. Nothing shall be placed on top of a fuel gas cylinder, when in use, which may damage the safety device or interfere with the quick closing of the valve.

(m) When the valve on a fuel gas cylinder is opened and there is found to be a leak around the valve stem, the valve shall be closed and the gland nut tightened. If this action does not stop the leak, the use of the cylinder shall be discontinued, and it shall be properly tagged and removed from the work area. In the event that fuel gas should leak from the cylinder valve, rather than from the valve stem, and the gas cannot be shut off, the cylinder shall be properly tagged and taken outdoors, to an isolated area, away from personnel and sources of ignition. The supplier shall promptly be notified of the leaking cylinder valve and the supplier's instructions shall be followed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 1-5-87; effective thirtieth day thereafter (Register 87, No. 2).

3. Amendment of subsection (m) filed 1-6-99; operative 2-5-99 (Register 99, No. 2).

4. Amendment of subsection (b) filed 8-21-2007; operative 9-20-2007 (Register 2007, No. 34).

§1741. Pressure Regulators.

Note • History

Regulators that reduce the vapor pressure of fuel gas to not more than 20 psi are required for all installations within structures or confined spaces unless the burner or appliance specifically requires a higher pressure and equivalent safety is provided. The use of regulators or automatic pressure-reducing valves shall be limited to the pressures and the types of gases for which they were designed. Regulators are required for installations where a fuel gas hose is between fuel source and burner.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 1-5-87; effective thirtieth day thereafter (Register 87, No. 2).

§1742. Hose and Connections.

Note • History

(a) Fuel gas hose and oxygen hose shall be easily distinguished from each other. Note: The contrast may be made by different colors or by surface characteristics readily distinguishable by the sense of touch.

(b) A single hose having more than 1 gas passage shall not be used as a connection between torch and gas outlet if a wall failure would permit the flow of either gas into the other passage.

(c) Hoses used for liquefied petroleum gas, such as butane or propane, shall be of, or lined with, materials that are resistant to the action of LP-Gas. They shall be designed for a bursting pressure of at least 1,250 psi, and shall be marked every 5 feet with the letters “LPG.” Hoses over 1/2 inch diameter shall also be marked with the manufacturer's name.

(d) The connection between fuel source and burner shall be with extra heavy steel pipe (Schedule 80), flexible metallic tubing or hose suitable for the service, and where exposed shall be protected against physical damage.

(e) When not in use, manifold and header hose connections shall be capped. As used in this subsection, “manifold” means a device used to connect the outlets of one or more gas cylinders to a central piping system, and “header” means a pipe or duct through which liquid or gas is conveyed and supplied to or received from multiple branches.

(f) When parallel sections or oxygen and fuel gas hose are taped together, not more than 4 inches out of 12 inches shall be covered by tape.

(g) Hose couplings shall be of the type that cannot be unlocked or disconnected by means of a straight pull without rotary motion.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (e)-(g) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment of subsections (a), (b) and (d) filed 1-5-87; effective thirtieth day thereafter (Register 87, No. 2).

3. Amendment of subsection (e) filed 12-9-2010; operative 1-8-2011 (Register 2010, No. 50).

§1743. General Precautions.

Note • History

(a) No device or attachment facilitating or permitting mixture of air or oxygen with combustible gases prior to consumption, except at the burner or in a standard torch or blowpipe, shall be allowed unless approved for the purpose.

(b) Acetylene shall not be generated or utilized at a pressure in excess of 15 pounds per square inch gauge pressure.

Exception: Acetylene dissolved in suitable solvent and stored in cylinders manufactured according to Interstate Commerce Commission requirements.

(c) Oxygen cylinders and fittings shall be kept away from oil or grease. Cylinders, cylinder caps and valves, couplings, regulators, hose, and apparatus shall be kept free from oil or greasy substances and shall not be handled with oily hands or gloves. Oxygen shall not be directed at oily surfaces, greasy clothes, or within a fuel oil or other storage tank or vessel.

(d) Hose piping systems, apparatus, and fittings shall not be used.

(e) Oxygen shall never be used from a cylinder or cylinder manifold unless a pressure-reducing device intended for use with oxygen, and so marked, is provided.

(f) Acetylene shall never be brought into contact with unalloyed copper except in a blowpipe or torch.

(g) Cylinders not having fixed hand wheels shall have keys, handles or nonadjustable wrenches on valve stems while these cylinders are in service. In multiple cylinder installations only one key or handle is required for each manifold.

(h) Cylinders shall never be used as rollers or supports whether full or empty.

(i) Compressed oxygen shall not be used for ventilation, testing, or similar purposes different from its intended function in welding and burning.

(j) A dry chemical or carbon dioxide fire extinguisher rated at least 10 B:C shall be kept near operations where bottled fuel gases are being used.

(k) LP-Gas vessels shall be kept in a position so that the safety relief valve is in direct contact with the vapor space in the vessel at all times.

(l) When operations are suspended for any substantial period of time, such as during lunch or overnight, gas cylinders shall be shut off. The torch and hose shall be removed from the confined space. Upon completion or discontinuance of welding operations, the welder shall warn other workers of the location of hot metal.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 1-5-87; effective thirtieth day thereafter (Register 87, No. 2).

Article 33. Electrical Requirements for Construction Work

§1760. Scope.

Note • History

All electrical work shall be performed in accordance with the following provisions of the Electrical Safety Orders, Title 8, California Administrative Code, which are hereby expressly incorporated by reference. A subsequent repeal or amendment to any of these incorporated provisions shall also repeal or amend the incorporated provision as it applies pursuant to this section unless the Board indicates an exception for the construction industry.

LOW-VOLTAGE ELECTRICAL SAFETY ORDERS

2300. Definitions

2305.2. Application

2320.1. General

2320.4. De-Energized Equipment or Systems

2320.6. Accident Prevention Tags

2340.1. Maintenance

2340.11. Deteriorating Agents

2340.13. Mounting and Cooling of Equipment

2340.16. Work Space About Electrical Equipment

2340.17(a). Guarding of Energized Parts

2340.22. Identification of Equipment

2340.26. Mechanical Protection

2375.18. Clearance From Ground

2390.1. General

2395.5(b). Alternating-Current Circuits and Systems to be Grounded

2395.6. Portable and Vehicle-Mounted Generators

2395.45. Equipment Connected by Cord and Plug

2395.51. Effective Grounding

2395.59. Cord- and Plug-Connected Equipment

2395.70. General

2405.1(a). Scope

2405.2. General

2405.3. Temporary Poles

2405.4. Ground-Fault Circuit Protection-Construction Site

2500.7. Uses Permitted

2500.9. Splices

2500.10. Pull at Joints and Terminals

2510.2(a). Receptacles. Grounding Type

2510.2(b). Skirted Plugs

2510.6. Portable Handlamps

HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS

2700. Definitions

2710. Mounting Requirements

2711. Readily and Safely Accessible

2712. Atmospheric and Environmental Protection

2713. Protection Against Physical Damage

2714. Installation and Maintenance

2715. Identification

2716. Ampacities

2717. Energized Parts

2743. Grounding of Systems Supplying Portable High-Voltage

Equipment

2790. Use

2797. Use

2798. Guarding

2799. Time Limits

2845. Power Fuses

2906. General

2907. Overcurrent Protection

2908. Enclosures

2909. Collector Rings

2910. Power Cable Connections to Mobile Machines

2930. Enclosure and Grounding

2933. Illumination

2934. Elevation of Unguarded Live Parts

2935. Installation of Electrical Equipment in an Outdoor Enclosure 2936. Passageway and Open Spaces

2940. General Provisions

2946. Provisions for Preventing Accidents Due to Proximity to

Overhead Lines

2947. Warning Signs Required

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 33 (Sections 1760-1768) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1). For prior history, see Registers 70, No. 48; 73, No. 30; 74, No. 28.

2. New Article 33 (Section 1760) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment filed 3-16-83; effective thirtieth day thereafter (Register 83, No. 12).

4. Editorial correction filed 5-12-83; effective thirtieth day thereafter (Register 83, No. 20).

Article 34. Nonionizing Radiation

§1800. Scope. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former Article 34 to Article 35 and new Article 35 (§§ 1800 through 1813) filed 2-14-73; effective thirtieth day thereafter (Register 73, No. 7 ).

2. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1801. Nonionizing Radiation.

Note • History

(a) Only qualified and trained employees shall be assigned to install, adjust, and operate laser equipment.

(b) Proof of qualification of the laser equipment operator shall be available and in possession of operator at all times.

(c) Employees, when working in areas in which a potential exposure to direct or reflected laser light greater than 0.005 watt (5 milliwatts) exists, shall be provided with antilaser eye protection devices as specified in Section 3382(e) of the General Industry Safety Orders.

(d) Areas in which lasers are used shall be posted with laser warning signs and labels in accordance with American National Standards Institute (ANSI) Z136.1-2000, American National Standard for Safe Use of Lasers, Section 4.7, which is hereby incorporated by reference.

(e) Beam shutters or caps shall be utilized, or the laser turned off, when laser transmission is not actually required. When the laser is left unattended for a substantial period of time, such as during lunch hour, overnight, or at change of shifts, the laser shall be turned off.

(f) Only mechanical or electronic means shall be used as a detector for guiding the internal alignment of the laser.

(g) The laser beam shall not be directed at employees.

(h) When it is raining or snowing, or when there is dust or fog in the air, the operation of laser systems shall be prohibited where practicable; in any event, employees shall be kept out of range of the area of source and target during such weather conditions.

(i) Laser equipment shall bear a label to indicate maximum output.

(j) Employees shall not be exposed to light intensities above:

(1) Direct staring: 1 micro-watt per square centimeter;

(2) Incidental observing: 1 milliwatt per square centimeter;

(3) Diffused reflected light: 2 1/2 watts per square centimeter.

(k) Employees shall not be exposed to microwave power densities in excess of 10 milliwatts per square centimeter.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

2. Amendment of subsection (d) filed 8-25-97; operative 9-24-97 (Register 97, No. 35).

3. Amendment of subsections (c) and (d) filed 4-27-2007; operative 5-27-2007 (Register 2007, No. 17).

§1802. Eye and Face Protection. [Repealed]

History

HISTORY

1. Repealer filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

§1803. Fire Prevention. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1804. Arc Welding and Cutting. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1805. Fire Prevention. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1806. Base-Mounted Drum Hoists. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1807. Overhead Hoists. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1808. Conveyors. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1809. Marine Operations and Equipment. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1810. Bolting, Riveting, Fitting-Up and Plumbing. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of Section 1810 to section 1716 filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1811. Cofferdams. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

§1812. Underwater Blasting. [Repealed]

History

HISTORY

1. Repealer filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§1813. Blasting in Excavation Work Under Compressed Air. [Repealed]

History

HISTORY

1. Repealer filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

Article 35. Helicopter Operations

§1900. Scope.

Note • History

These orders shall establish minimum safety standards for the use of helicopters. These orders do not supersede any of the regulations administered by the F.A.A., the California Division of Aeronautics, and City or County entities.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 35 (Sections 1900-1909, not consecutive) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13). For former Article 35, see “Appendices” following Article 35 (Register 75, No. 13).

2. Amendment of NOTE filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

§1901. General Requirements.

Note • History

(a) Prior to the start of any operation involving the use of a helicopter, a thorough survey of the conditions and hazards on the job site shall be made by the employer in conjunction with the pilot or pilot's representative to ensure a safe operation.

(b) A Code Of Safe Practices shall be formulated and enforced for operations involving the use of a helicopter. This code shall include, but is not limited to, the safe practices presented in Appendix Plate C-36-a.

(c) A daily briefing shall be conducted prior to starting work to set forth the plan of operation for that day. This briefing shall include planning to minimize possible hazards of the day's operation and all personnel exposed shall be informed and directed as to safeguards and escape procedures.

(d) If the helicopter pilot in command for any reason believes that a lift or operation cannot be performed safely, then that lift or operation shall not be attempted.

(e) Helicopter operations shall not be performed beyond the helicopter's approved external load capacity or pilot's certification. The pilot's employer shall ascertain before operations begin that the pilot is properly certificated by the F.A.A. and qualified to perform the planned operations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

2. Amendment of subsection (e) filed 5-1-87; operative 5-31-87 (Register 87, No. 19).

§1903. Landing Operations.

Note • History

(a) Landing and hovering sites shall be chosen with approval of the pilot or pilot's representative.

(b) All such sites shall have at least a 200-foot diameter area clear of all loose materials and objects which could be hazardous if displaced by rotor downwash. The helicopter shall be required to deposit or lift loads in the center of the approved area.

(d) Access and egress to the helicopter shall be from the front and along the same level or to a level lower than the helicopter. No one shall be permitted to approach or leave the helicopter while the engine is running or the rotor is turning without a permissive signal or instruction from the pilot or pilot's designee.

(e) Built-up landing sites shall be capable of supporting a helicopter on any single square foot of the landing surface and provide good footing.

(f) Prepared landing sites on hillsides shall be no less than 12 feet by 12 feet and shall be large enough to land the helicopter so that the largest rotor clears the hillside by a distance equal to its radius measured horizontally from the tip of the rotor.

Note: Except in emergency.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

2. Amendment of subsection (b) filed 5-1-87; operative 5-31-87 (Register 87, No. 19).

§1904. Static Electricity.

Note • History

An effective method of protecting workers from static electrical discharge shall be provided.

Note: See Appendix for a recommended method.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

§1905. Fueling.

Note • History

(a) The engines and radio transmitters shall be shut off, and smoking, open flame or other source of ignition shall not be permitted within 50 feet of fueling operations or fuel storage areas.

Note: Except for F.A.A. approved alternate fueling methods or closed circuit hot refueling.

(b) The helicopter and fuel supply shall be securely bonded before and during fueling operations for static electrical discharge.

(c) There shall be two 60B:C rated fire extinguishers or equivalent fire fighting protection at each fueling station attended by ground crews.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

2. Amendment of subsection (b) filed 2-23-2012; operative 3-24-2012 (Register 2012, No. 8).

§1906. Communications.

Note • History

(a) During helicopter operations, the pilot shall be notified at least 30 minutes prior to any blasting operation on the project and also after each blast to signify the all-clear condition.

(b) The pilot shall be informed by the person in charge of the project of the erection of any newly suspended line or other navigational hazard on the project or in the area of helicopter operations.

(c) Signal systems between air crew and ground personnel shall be understood and checked in advance of hoisting the load. Hand signals shall be as shown in Plate C-36-c Appendix.

(d) The pilot shall receive signals from only one signal person who is distinguishable from the rest of the crew.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

§1907. Ground Crew.

Note • History

(a) All ground crewmembers shall be thoroughly instructed by the pilot or pilot's representative in their duties and of the immediate hazards. Escape procedures shall be planned with the pilot or pilot's representative in event of helicopter failure.

(b) Ground crewmembers shall wear dust goggles for eye protection and approved head protection with chin straps in place. Ear protection and dust protection where required shall be in accordance with applicable safety orders.

(c) Only those persons associated with the helicopter operations shall be permitted to approach within 50 feet of the operating helicopter.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

§1908. Cargo Loading and Handling.

Note • History

(a) All cargo shall be loaded and secured under the direction of the pilot or pilot's designee.

(b) No passenger shall be transported in the helicopter with a sling load and no person shall be transported as an external or sling load, except in an emergency.

Exception: Unless authorized by the F.A.A.

(d) All sling loads, including line stringing devices, shall be attached only to quick-release devices. Steel or metallic sling ends shall be of the pressed sleeve or swedged eye-type, or equivalent. Tag lines shall be of a length or secured in such a manner that will not allow their being drawn up into the rotors.

(e) Automatic release devices are prohibited in all construction operations where ground crews are used. The devices shall be activated only for actual placement of loads. Electrical release devices shall have mechanical back-up, be checked each day of operation, and be designed to prevent inadvertent operation.

(f) When stringing conductive lines or conductors, there shall be radio communication between the helicopter and the ground crew.

(g) When stringing lines or conductors close to or parallel to energized lines, conductive lines or reels, pay-out machines, and conductors shall be grounded as required by the High Voltage Electrical Safety Orders. Hoist wires or other gear shall not be attached to any fixed ground structure.

Exception: When pulling lines or conductors that are allowed to “pay-out” from a container or roll off a reel.

(h) External sling load operations shall not be performed if electrical storms in the immediate vicinity make the work unsafe.

(i) Load landing operations shall not be performed when the wind conditions are deemed too unsafe by the pilot or ground crew.

(j) There shall be a minimum clearance of at least 25 feet between any energized power line, rated 50 KV or below, and any part of the rotorcraft load combination. This clearance requirement shall increase at the rate of 1/2 inch for each 1 KV.

Exception: These minimum clearances shall not apply to helicopters or their external loads specifically utilized for power line construction, maintenance, and repair where the work in progress is under the direct supervision of the utility.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

§1909. Exposed Locations.

Note • History

(a) While working at the edge of or on a steep slope, members of ground crews shall be protected from falling by:

(1) A barrier of adequate design to restrain a falling person or;

(2) A safety belt with a quick-release buckle and a life line at least 50 feet long.

(A) Where practicable when using safety belts, the area shall be cleared of objects which might snag the life lines in an escape procedure. (See Plate C-36-b, Appendix.)

(b) Workers receiving materials while on a tower-type structure shall not be positioned in a place of unnecessary exposure and shall be secured to the structure by safety belts or other equivalent protection.

(c) Ground crews on elevated surfaces more than 7 1/2 feet high, shall be protected against being swept off by rotor downwash. (See Plate C-36-b, Appendix.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

Article 36. Fire Protection and Prevention

§1920. General Requirements.

Note • History

(a) The employer shall be responsible for the development of a fire protection program to be followed throughout all phases of the construction work; and he shall provide for the fire fighting equipment as specified in this Article. As fire hazards occur, there shall be no delay in providing the necessary fire protection and/or prevention equipment.

Note: In cases where orders of local jurisdiction are more restrictive, those orders shall prevail.

(b) A safe and unobstructed access to all available fire fighting equipment shall be maintained at all times.

(c) All fire fighting equipment, provided by the employer, shall be conspicuously located or the location conspicuously marked.

(d) All fire fighting equipment shall be maintained in operating condition. Defective equipment shall be immediately replaced.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 36 (Sections 1920-1937, not consecutive) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment of subsection (d) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1921. Water Supply.

Note • History

(a) A temporary or permanent water supply, of sufficient volume, duration, and pressure, required to properly operate the fire fighting equipment as required by these orders shall be made available as soon as combustible materials accumulate.

(b) Where underground water supply lines are to be provided, they shall be installed, completed, and made available for use as soon as practicable.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1922. Portable Fire Fighting Equipment.

Note • History

(a) Fire Extinguishers and Small Hose Lines.

(1) A fire extinguisher, rated not less than 2A, shall be provided for each 3,000 square feet of the floor area, or fraction thereof. Where the floor area is less than 3,000 square feet at least one extinguisher shall be provided. Travel distance from any point of the protected area to the nearest fire extinguisher shall not exceed 75 feet.

One 55-gallon open container of water with two fire pails may be substituted for a fire extinguisher having a 2A rating.

A 3/4-inch diameter garden-type hose line, not to exceed 75 feet in length and equipped with an adjustable nozzle, may be substituted for a 2A-rated fire extinguisher, provided it is connected to a reliable water pressure system capable of discharging a minimum, continuous flow of 5 gallons per minute with a minimum hose stream range of 30 feet horizontally. The garden-type hose lines shall be mounted on conventional racks or reels. The number and location of hose racks or reels shall be such that at least one hose stream can be applied to all points in the floor area.

At least one fire extinguisher rated not less than 2A, shall be provided on each floor. In multi-story buildings, at least one fire extinguisher shall be located adjacent to the stairway at each floor level.

Exception: Single family residential dwellings other than apartments, lodging houses, hotels or dormitories provided that there is at least one fire extinguisher rated not less than 2A, or the equivalent, available at the job site during working hours.

(2) Extinguishers and water containers subject to freezing shall be protected from freezing.

(3) A fire extinguisher, rated not less than 10B, shall be provided within 50 feet of wherever more than 5 gallons of flammable or combustible liquids or 5 pounds of flammable gas are being used on the job site. This requirement does not apply to the integral fuel tanks of motor vehicles.

(4) Portable fire extinguishers shall be inspected monthly, or at more frequent intervals, and serviced at least annually by a person licensed or registered by the State Fire Marshal as required by the Health and Safety Code, Division 12, Part 2, Chapter 1.5, Articles 2, 3, and 6.

Note: Inspection is a “quick check” that an extinguisher is available and will operate. It is intended to give reasonable assurance that the extinguisher is fully charged and operable. This is done by seeing that it is in its designated place, that it has not been actuated or tampered with, and that there is no obvious or physical damage or condition to prevent operation.

Note: Service as defined in the State Fire Marshal's regulations pertains to the act of charging, recharging, inspecting, repairing, and hydrostatic testing of any portable fire extinguisher.

(5) The selection of extinguishers for a given situation will depend upon the character of the fires anticipated, the construction and occupancy of the individual property, the vehicle or hazard to be protected, ambient temperature conditions, and other factors. The number of extinguishers required shall be determined by reference to Section 6151 of the General Industry Safety Orders. Portable fire extinguishers shall be limited to those listed or bearing labels of the Underwriters' Laboratory or laboratories approved by the State Fire Marshal. (See Table A-2-1, NFPA 10-1984)

(b) Fire Hose and Connections.

(1) Up to 100 feet of 1 1/2-inch hose, with a nozzle capable of discharging a continuous flow of water at 25 gallons or more per minute may be substituted for a fire extinguisher rated not more than 2A in the designated area provided that the hose line can reach all points in the floor area.

(2) If fire hose connections are not compatible with local fire fighting equipment, the contractor shall provide adapters, or equivalent, to permit connections.

Note: For demolition in construction, see Section 1737, “Fire Prevention.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction of subsection (a)(4) filed 6-10-83 (Register 83, No. 24).

3. Amendment of subsection (a) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1923. Fixed Fire Fighting Equipment.

Note • History

(a) Sprinkler Protection.

(1) If the facility being constructed includes the installation of automatic sprinkler protection which is proposed to be used in lieu of temporary protection, the installation shall closely follow the construction and be placed in service as soon as applicable laws permit following completion of each story.

(2) During demolition or alterations, existing automatic sprinkler installations shall be retained in service as long as reasonable. The operation of sprinkler control valves shall be permitted only by qualified persons. Modification of sprinkler systems to permit alterations or additional demolition should be expedited so that the automatic protection may be returned to service as quickly as possible. Sprinkler control valves shall be checked daily to ascertain that the protection is in service.

(3) During the construction of a building and until the permanent fire extinguishing system has been installed and in service, fire protection shall be provided in accordance with these orders.

(b) Standpipes.

(1) In all structures in which standpipes are required, or where standpipes exist in structures being altered, they shall, unless replaced by temporary construction protection, be brought up as soon as applicable laws permit, and shall be maintained as construction progresses in such a manner that they are always ready for fire protection use. The standpipes shall be provided with Siamese fire department connections on the outside of the structure, at the street level and shall be conspicuously marked and accessible. There shall be at least one standard hose outlet at each floor. These installations, when planned as part of the permanent installation, shall meet the applicable requirements of Articles 158 and 159 of the General Industry Safety Orders.

(2) Every building six (6) stories or more in height shall be provided with not less than one operable standpipe. Such standpipes shall be installed when the progress of construction is not more than 50 feet in height above grade. Such standpipes shall be provided with fire department outlet connections at accessible locations adjacent to usable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.

Where permanent fire protection equipment is required by local jurisdiction, it may be used during construction provided it is constructed concurrently and progressively with the structure and is maintained operational and accessible.

(3) Every floor shall be provided with not less than one 2 1/2-inch valve outlet for fire department use. Where construction height requires installation of a combination standpipe, fire pumps and water connections shall be provided to serve the standpipe.

Note: For specific requirements for portions of the fire protection system not contained in these orders, refer to Article 158 of the General Industry Safety Orders or consult with the local fire authorities.

(4) Temporary standpipes may be provided in place of permanent systems if they are designed to furnish a minimum continuous flow of 75 gallons of water per minute at 50 pounds per square inch pressure with a standpipe size of not less than 4 inches. All outlets shall be not less than 2 1/2 inches. Pumping equipment sufficient to provide this pressure and volume shall be available at all times when a combination system is required.

(5) Standpipe systems for buildings under construction, if a part of the permanent system, shall be installed as required for permanent standpipe systems and meet the applicable requirements of Articles 158 and 159 of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1924. Fire Alarm Devices.

Note • History

(a) An alarm system, e.g., telephone system, siren, etc., shall be established by the employer whereby employees on the site and the local fire department can be alerted for an emergency.

(b) The alarm code and reporting instructions shall be conspicuously posted at phones and at employee entrances.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1925. Fire Cutoffs.

Note • History

(a) Fire walls and exit stairways, required for the completed buildings, shall be given construction priority. Fire doors, with automatic closing devices, shall be hung on openings as soon as practicable.

(b) Fire cutoffs shall be retained in buildings undergoing alterations until operations necessitate their removal.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1930. Flammable and Combustible Liquids.

Note • History

(a) General.

(1) Only approved containers and portable tanks shall be used. Metal containers and portable tanks meeting the requirements of and containing products authorized by Chapter I, Title 49, of the Code of Federal Regulations (DOT Regulations), shall be deemed to be acceptable.

(2) Containers and portable tanks for flammable and combustible liquids shall conform to Table A.

Table A

Maximum Allowable Size of

Containers and Portable Tanks

Flammable Liquids Combustible Liquids

Container Type Class IA Class IB Class IC Class II Class III

Glass 1 pt. 1 qt. 1 gal. 1 gal. 5 gal.

Metal (Other than DOT

Drums) or approved

plastic 1 gal. 5 gal. 5 gal. 5 gal. 5 gal.

Safety cans 2 gal. 5 gal. 5 gal. 5 gal. 5 gal.

Metal Drum (DOT Spec) 60 gal. 60 gal. 60 gal. 60 gal. 60 gal.

Approved Portable

Tanks 660 gal. 660 gal. 660 gal. 660 gal. 660 gal.

Polyethylene

DOT Spec 34 or as

authorized by DOT

Exemption 1 gal. 5 gal. 5 gal. 60 gal. 60 gal.

SI Units: 1 pt. = 0.43 L; 1 qt. = 0.95 L; 1 gal. = 3.785 L

(3) Portable tanks in excess of 660 gallons shall have emergency venting and other devices as required by Chapters II and III of the Flammable and Combustible Liquids Code (NFPA 30-1984).

(4) Flammable or combustible liquids shall not be stored so as to limit use of exits, stairways or areas normally used for the safe egress of people.

(A) Storage in excess of 25 gallons of flammable liquids or 60 gallons of Class III liquids shall be within cabinets constructed to the requirements of NFPA 30.

(B) Not more than 25 gallons of flammable liquids shall be stored in safety cans outside of a flammable liquids storage room or storage cabinet.

(5) Not more than 120 gallons of Class I, Class II, or Class IIIA liquids may be stored in a storage cabinet. Of this total, not more than 60 gallons may be of Class I and Class II liquid. Not more than three such cabinets may be located in a single floor area, except that in an industrial occupancy additional cabinets may be located in the same floor area if the additional cabinet, or group of not more than three cabinets, is separated from any other cabinets or group of cabinets by at least 100 feet.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1931. Inside Storage.

Note • History

(a) Inside storage rooms shall be constructed in accordance with NFPA 30-1984.

(b) Materials which will react with water shall not be stored in the same room with flammable or combustible liquids.

Automatic Total Allowable

Fire Protection * Fire Maximum Quantities

Provided Resistance Floor Area Gals./sq. ft./floor area

yes 2-hour 500 sq. ft. 10

no 2-hour 500 sq. ft. 4 **

yes 1-hour 150 sq. ft. 5

no 1-hour 150 sq. ft. 2

* Fire protection system shall be sprinkler, water spray, carbon dioxide, dry chemical, halon or other approved system.

** Total allowable quantities of Class IA and IB Liquids shall not exceed that permitted in Table 4-4.2.7 and the provisions of 4-4.2.10 of NFPA 30-1984.

(d) Electrical wiring and equipment located in inside storage rooms used for Class I liquids shall be approved for Class I, Division 2 Locations in accordance with the Low Voltage Electrical Safety Orders.

(e) Provisions shall be made for ventilation of inside storage rooms in accordance with General Industry Safety Orders, Section 5143.

(f) In every inside storage room there shall be maintained one clear aisle at least three feet wide. Containers over 30 gallons capacity storing Class I or Class II liquids shall not be stacked one upon the other. Dispensing shall be by approved pump or self-closing faucet only.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

2. Editorial correction of subsection (e) (Register 95, No. 21).

§1932. Outside Storage.

Note • History

(a) Storage outside buildings shall be in accordance with Table B.

Embedded Graphic 08.0231

NOTE 1: When two or more classes of materials are stored in a single pile, the maximum gallonage in that pile shall be the smallest of the two or more separate gallonages.

NOTE 2: Within 200 feet of each container, there shall be a 12-foot wide access way to permit approach of fire control apparatus.

NOTE 3: The distances listed apply to properties that have protection for exposures as defined. If there are exposures, and such protection for exposures does not exist, the distances in column four shall be doubled.

NOTE 4: When total quantity stored does not exceed 50% of maximum per pile, the distances in columns four and five may be reduced 50%, but not less than three feet.

(b) The storage area shall be graded in a manner to divert possible spills away from buildings or other exposures or shall be surrounded by a curb at least 12 inches high. When curbs are used, provisions shall be made for draining of accumulations of ground or rain water or spills of flammable or combustible liquids. Drains shall terminate at a safe location and shall be accessible to operation under fire conditions.

(c) All available precautions shall be taken to protect the storage area against tampering or trespassers where necessary. The area shall be kept free of vegetation and combustible material.

(d) Each portable tank shall be provided with one or more devices installed in the top with sufficient emergency venting capacity to limit internal pressure under fire exposure conditions to 10 psig, or 30 percent of the bursting pressure of the tank, whichever is greater. The total venting capacity shall be not less than that specified in Section 1932(e) below. At least one pressure-actuated vent having a minimum capacity of 6,000 cubic feet of free air per hour (14.7 psig and 60oF.) shall be used. It shall be set to open at not less than 5 psig. If fusible vents are used, they shall be actuated by elements that operate at a temperature not exceeding 300o F.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1933. Fire Control.

Note • History

(a) Suitable fire control devices, such as small hose or portable fire extinguishers, shall be available at locations where flammable or combustible liquids are stored.

(b) At least one portable fire extinguisher having a rating of not less than 20-B units shall be located outside of, but not more than 10 feet from, the door opening into any room used for storage.

(c) At least one portable fire extinguisher having a rating of not less than 20-B units shall be located not less than 25 feet, nor more than 75 feet, from any flammable liquid storage area located outside.

(d) When sprinklers are provided, they shall be installed in an approved manner. The Standard for the Installation of Sprinkler Systems, NFPA 13-1984, provides information on the installation of sprinkler systems.

(e) At least one portable fire extinguisher having a rating of not less than 20-B:C units shall be provided on all tank trucks or other vehicles used for transporting and/or dispensing flammable or combustible liquids.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1934. Dispensing Liquids.

Note • History

(a) Areas in which flammable or combustible liquids are transferred at one time, in quantities greater than 5 gallons from one tank or container to another tank or container, shall be separated from other operations by 25-feet distance or by construction having a fire resistance of at least 1 hour. Drainage or other means shall be provided to control spills. Adequate natural or mechanical ventilation shall be provided to maintain the concentration of flammable vapor at or below 10 percent of the lower flammable limit.

(b) When flammable liquids are transferred from one container to another, the fill spout, nozzle or fill pipe shall be kept continuously in contact with the edge of the fill opening to prevent the discharge of static sparks. Bonding or grounding of tanks, tank vehicles, tank cars, etc., shall be in accordance with NFPA 77-1983.

(c) Flammable liquids shall be drawn from or transferred into vessels, containers or portable tanks within a building only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container or portable tanks by gravity through an approved self-closing valve. Transferring any liquids by means of air pressure on the container or portable tanks shall be prohibited.

(d) The dispensing unit and its piping shall be protected against collision damage.

(e) Dispensing devices and nozzles for flammable liquids shall be of an approved type.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1935. Use of Flammable Liquids.

Note • History

(a) Flammable liquids shall be kept in closed containers when not actually in use.

(b) Leakage or spillage of flammable or combustible liquids shall be disposed of promptly and safely.

(c) Flammable liquids may be used only where there are no open flames or other sources of ignition within the possible path of vapor travel.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1936. Service and Refueling Areas.

Note • History

(a) Only approved containers and portable tanks shall be used. Metal containers and portable tanks meeting the requirements of and containing products authorized by Chapter I, Title 49, of the Code of Federal Regulations (DOT Regulations), shall be deemed to be acceptable.

(b) Dispensing devices for Class I liquids shall be of approved type. The dispensing nozzle shall be of an approved automatic-closing type without a latch-open device.

(1) Placed in a “temporarily out of service” condition. Tanks should be rendered “temporarily out of service” only when it is planned that they will be returned to active service within a reasonable period or pending removal or abandonment within 90 days.

(2) Abandoned in place with proper safeguarding to render them inactive to explosion and/or collapse.

(3) Removed.

(d) For emergency power cutoff, a clearly identified and easily accessible switch(es) or circuit breaker(s) shall be provided at a location remote from dispensing devices, including remote pumping systems, to shut off the power to all dispensing devices in the event of an emergency.

(e) Heating equipment using gas or oil fuel may be installed in the lubrication or service room where there is no dispensing or transferring of Class I liquids provided the bottom of the combustion chamber is at least 18 inches above the floor and the heating equipment is protected from physical damage.

(f) Heating equipment approved for use in garages may be installed in the lubrication or service room where Class I liquids are dispensed provided the equipment is installed at least 8 feet above the floor.

(g) Smoking or open flames shall not be permitted in the areas used for fueling, servicing fuel systems for internal combustion engines, receiving or dispensing of flammable liquids. Conspicuous and legible signs prohibiting smoking shall be posted within sight of the person being served. The motors of all equipment being fueled shall be shut off during the fueling operation except for emergency generators, pumps, etc., where continuing operation is essential.

(h) Each service or fueling area shall be provided with at least one fire extinguisher having a rating of not less than 20-B:C located so that an extinguisher will be within 75 feet of each pump, dispenser, underground fill pipe opening, and lubrication or service area.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1937. Repairs and Alterations to LP-Gas Containers.

Note • History

(a) No repairs or alterations involving flame, arc, or other method of welding, shall be made on any tank, cylinder, or system unless such tank, cylinder, or system shall first have been certified as free of combustible gases by competent personnel.

(b) No repair or alteration affecting the safety of the tank or cylinder shall be made to any LP-Gas tank or cylinder until the contemplated repair or alteration has been approved by a qualified inspector. Nothing in this order shall prohibit the exchange or interchange of valves, fittings, and accessories intended for the same purpose.

(c) All repairs affecting the safety of LP-Gas tanks shall be reported to the Division within twenty-one days (21 days) by the qualified inspector authorizing such repairs.

(d) Any welding necessary when making repairs or alterations to tanks shall be done by a welder qualified in accordance with Section IX of the ASME Code in the position or positions used in making the repair. Repairs to DOT cylinders shall be made under DOT regulations and control.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-86; effective thirtieth day thereafter (Register 86, No. 43).

§1938. Construction Site, General.

Note • History

(a) Internal combustion engine powered equipment shall be so located that the exhausts are well away from combustible materials. When the exhausts are piped to outside the building under construction, a clearance of at least 6 inches shall be maintained between such piping and combustible material.

(b) Temporary buildings.

(1) No temporary building shall be erected where it will adversely affect any means of exit.

(2) Temporary buildings, when located within another building or structure, shall be of either noncombustible construction or of combustible construction having a fire resistance of not less than 1 hour.

(3) Temporary buildings, located other than inside another building and not used for the storage, handling, or use of flammable or combustible liquids, flammable gases, explosives, or blasting agents, or similar hazardous occupancies, shall be located at a distance of not less than 10 feet from another building or structure. Groups of temporary buildings, not exceeding 2,000 square feet in aggregate, shall, for the purposes of this section, be considered a single temporary building.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

Appendix A

Labor Code Excerpts;

Accident Prevention Program Ideas; Etc.

PLATE A-1

LABOR CODE SECTIONS DEALING WITH DIVISION OF

OCCUPATIONAL SAFETY AND HEALTH IN GENERAL AS WELL AS CONSTRUCTION

Division 5. Safety in Employment

Part 1. Occupational Safety and Health

Chapter 1. Jurisdiction and Duties 6300-6331

Chapter 2. Education and Research 6350-6355

Chapter 2.5 Hazardous Substances Information and Training

Article

1. General Provisions 6360-6363

2. Definitions 6365-6374

3. Hazardous Substances 6380-6386

4. Duties 6390-6399.2

5. Liability and Remedies 6399.5-6399.7

Chapter 3. Responsibilities and Duties of Employers and

Employees 6400-6413.5

Chapter 4. Penalties 6423-6436

Chapter 5. Temporary Variances 6450-6457

Chapter 6. Permit Requirements 6500-6511

Chapter 7. Appeal Proceedings 6600-6633

Chapter 8. Enforcement of Civil Penalties 6650-6652

Chapter 9. Miscellaneous Safety Provisions 6700-6715

Part 3. Safety on Buildings

Chapter 1. Buildings Under Construction or Repair

Article

1. Floors and Walls 7100-7150

2. Scaffolding 7150-7158

3. Construction Elevators 7200-7205

4. Structural Steel Framed Buildings 7250-7267

Chapter 3. Safety Devices Upon Buildings to Safeguard

Window Cleaners 7325-7332

Chapter 5. Cranes

Article

1. Permits for Tower Cranes 7370-7374

2. Certification 7375-7384

Part 10. Use of Carcinogens

Chapter 1. General Provisions and Definitions 9000-9009

Chapter 2. Exemptions 9015

Chapter 3. Standards and Administration 9020-9022

Chapter 4. Reporting 9030-9032

Chapter 5. Medical Examination 9040

Chapter 6. Inspections 9050-9052

Chapter 7. Penalties 9060-9061

PLATE A-2

SUGGESTED SAFETY PROGRAM FOR

CONTRACTORS

GENERAL

1. Demonstrate your interest in safety by establishing a firm and positive accident prevention policy that includes the supplying of tangible items like hard hats, good ladders, first aid materials, and safety devices on equipment.

2. Provide that capable, responsible supervisors make regular inspections of all excavations, forms, scaffolds, stairs, ladders, structures, machinery, and equipment at frequent intervals; take immediate corrective measures to eliminate hazards directly under control of the employer, or report violations of Safety Orders and safe practices to the responsible employer.

3. Make certain that the foremen assume their share of the responsibility for accidents, and require a written report from them on each. Require that each report suggests a feasible means of avoiding future accidents of a similar nature.

4. Monthly, or more frequent, meetings of all foremen should be held under direction of the superintendent for a discussion of safety problems and accidents that have occurred. Have something specific ready for discussion, such as safety regulations, or any changes in equipment and methods that are to be adopted for safety reasons.

5. Display safety posters and warning signs. A sign indicating how many consecutive accident-free days have passed is often worthwhile.

6. Consider the advisability of posting a list of all foremen who have kept their crews accident free for a certain period of time.

7. Consider the advisability of establishing various forms of safety competition, including suitable rewards or recognition to individuals and crews with good records.

8. Require foremen to give individual safety instructions and orders, as needed, to new workers and those found to be working unsafely.

9. Consider the advisability of having the foremen call short “toolbox” or “tail-gate” safety meetings with their crews about once a week on the job, to emphasize some particular safety problem that needs special attention.

10. Keep track of your safety record and keep everyone posted as to progress. A graph or chart, indicating gains or losses, is good for this purpose.

11. Encourage safety suggestions from all workers and, if the suggestion cannot be followed promptly, explain why to the worker.

12. Consider the advisability of giving each worker a copy of certain important safety rules that they are expected to follow.

13. Arrange for frequent and regular field safety inspections.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-3-85, effective thirtieth day thereafter (Register 85, No. 14).

2. Change without regulatory effect deleting appendices' introduction and index and amending Plate A-1 filed 6-14-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 25).

PLATE A-2-a

ADVANCE PLANNING SUGGESTED FOR

CONSTRUCTION WORK

Each operation of a construction job should be planned in advance. Such planning is needed at all stages of the project. It should start with the estimators, prior to preparations of bids, and continue throughout the job, with superintendents and foremen doing their share.

Construction planning will eliminate some accidents automatically, by creating a well-organized job. But expert planning gives special attention to safety, and thus is highly effective in making the operation safe and efficient.

1. Safe Access and Movement

(a) Workers

(1) Adequate work areas.

(2) Adequate walkways and runways.

(3) Adequate ladders, stairways, or elevators.

(4) Work areas and passageways clear of rubbish, debris, nails, etc.

(5) Protection for floor and roof openings.

(6) Adequate illumination.

(b) Vehicles

(1) Good roads.

(A) Adequate turn space.

(B) Adequate parking area.

(2) Separate materials storage areas and dump areas.

(3) Adequate signs, signals, etc., to route vehicles on job.

(4) Maintenance and repair of vehicles.

(1) Locate saw, tool sheds, office, etc., in a safe, convenient place.

(2) Consider location of high-voltage lines.

(A) Arrange to move, de-energize, or erect barrier, if contact is a possibility.

(3) Locate sanitary facilities, drinking water, power, etc., for safety and convenience.

2. Schedule Work for Safety

(a) Have safety materials on job when needed, i.e., personal protective equipment, shoring, first aid, etc.

(b) Plan work so that too many trades are not in a small area at the same time.

3. Work Procedures

(a) Materials Handling

(1) Methods of elevating and handling materials.

(A) Adequate space.

(B) Proper auxiliary equipment, i.e., cranes, hoists, elevators, trucks, etc.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-3-85; effective thirtieth day thereafter (Register 85, No. 14).

PLATE A-2-b

(2) Methods of loading and unloading.

(A) Adequate space.

(B) Proper auxiliary equipment, i.e., power shovels, cranes, rigging, fork lifts, etc.

(b) Tools and Equipment

(1) Repair, maintenance, and care.

(2) Inspection.

(3) Adequate supplies of the right tools for each part of job.

(1) Proper job placement.

(2) Adequate training and supervision.

(3) Adequate manpower.

(4) Plans for maintaining interest in safety.

(A) Safety bulletins, record charts, and posters.

(B) Recognition for groups or individuals with safety records.

(D) Knowledge of safety orders.

(E) Safety meetings.

Embedded Graphic 08.0232

A RULE BREAKER IS AN ACCIDENT MAKER

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 4-3-85; effective thirtieth day thereafter (Register 85, No. 14).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE A-3

CODE OF SAFE PRACTICES

(This is a suggested code. It is general in nature and intended as a basis for preparation by the contractor of a code that fits his/her operations more exactly.)

GENERAL

1. All persons shall follow these safe practices rules, render every possible aid to safe operations, and report all unsafe conditions or practices to the foreman or superintendent.

2. Foremen shall insist on employees observing and obeying every rule, regulation, and order as is necessary to the safe conduct of the work, and shall take such action as is necessary to obtain observance.

3. All employees shall be given frequent accident prevention instructions. Instructions shall be given at least every 10 working days. When applicable, the accident prevention instructions shall also include specific instruction on the safe use, care and maintenance of fall protection equipment (i.e. fall arrest systems, positioning device systems, safety nets, etc.) used at the jobsite.

4. Anyone known to be under the influence of drugs or intoxicating substances which impair the employee's ability to safely perform the assigned duties shall not be allowed on the job while in that condition.

5. Horseplay, scuffling, and other acts which tend to have an adverse influence on the safety or well-being of the employees shall be prohibited.

6. Work shall be well planned and supervised to prevent injuries in the handling of materials and in working together with equipment.

7. No one shall knowingly be permitted or required to work while the employee's ability or alertness is so impaired by fatigue, illness, or other causes that it might unnecessarily expose the employee or others to injury.

8. Employees shall not enter manholes, underground vaults, chambers, tanks, silos, or other similar places that receive little ventilation, unless it has been determined that it is safe to enter.

9. Employees shall be instructed to ensure that all guards and other protective devices are in proper places and adjusted, and shall report deficiencies promptly to the foreman or superintendent.

10. Crowding or pushing when boarding or leaving any vehicle or other conveyance shall be prohibited.

11. Workers shall not handle or tamper with any electrical equipment, machinery, or air or water lines in a manner not within the scope of their duties, unless they have received instructions from their foreman.

12. All injuries shall be reported promptly to the foreman or superintendent so that arrangements can be made for medical or first aid treatment.

13. When lifting heavy objects, the large muscles of the leg instead of the smaller muscles of the back shall be used.

14. Inappropriate footwear or shoes with thin or badly worn soles shall not be worn.

15. Materials, tools, or other objects shall not be thrown from buildings or structures until proper precautions are taken to protect others from the falling objects.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-3-85; effective thirtieth day thereafter (Register 85, No. 14).

2. Amendment of first paragraph and provision number 3. filed 7-30-97; operative 8-29-97 (Register 97, No. 31).

PLATE A-3-a

16. Employees shall cleanse thoroughly after handling hazardous substances, and follow special instructions from authorized sources.

17. Hod carriers should avoid the use of extension ladders when carrying loads. Such ladders may provide adequate strength, but the rung position and rope arrangement make such climbing difficult and hazardous for this trade.

18. Work shall be so arranged that employees are able to face ladder and use both hands while climbing.

19. Gasoline shall not be used for cleaning purposes.

20. No burning, welding, or other source of ignition shall be applied to any enclosed tank or vessel, even if there are some openings, until it has first been determined that no possibility of explosion exists, and authority for the work is obtained from the foreman or superintendent.

21. Any damage to scaffolds, falsework, or other supporting structures shall be immediately reported to the foreman and repaired before use.

USE OF TOOLS AND EQUIPMENT

22. All tools and equipment shall be maintained in good condition.

23. Damaged tools or equipment shall be removed from service and tagged “DEFECTIVE.”

24. Pipe or Stillson wrenches shall not be used as a substitute for other wrenches.

25. Only appropriate tools shall be used for the job.

26. Wrenches shall not be altered by the addition of handle-extensions or “cheaters.”

27. Files shall be equipped with handles and not used to punch or pry.

28. A screwdriver shall not be used as a chisel.

29. Wheelbarrows shall not be pushed with handles in an upright position.

30. Portable electric tools shall not be lifted or lowered by means of the power cord. Ropes shall be used.

31. Electric cords shall not be exposed to damage from vehicles.

32. In locations where the use of a portable power tool is difficult, the tool shall be supported by means of a rope or similar support of adequate strength.

MACHINERY AND VEHICLES

33. Only authorized persons shall operate machinery or equipment.

34. Loose or frayed clothing, or long hair, dangling ties, finger rings, etc., shall not be worn around moving machinery or other sources of entanglement.

35. Machinery shall not be serviced, repaired or adjusted while in operation, nor shall oiling of moving parts be attempted, except on equipment that is designed or fitted with safeguards to protect the person performing the work.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-3-85; effective thirtieth day thereafter (Register 85, No. 14).

PLATE A-3-b

36. Where appropriate, lock-out procedures shall be used.

37. Employees shall not work under vehicles supported by jacks or chain hoists, without protective blocking that will prevent injury if jacks or hoists should fail.

38. Air hoses shall not be disconnected at compressors until hose line has been bled.

39. All excavations shall be visually inspected before backfilling, to ensure that it is safe to backfill.

40. Excavating equipment shall not be operated near tops of cuts, banks, and cliffs if employees are working below.

41. Tractors, bulldozers, scrapers and carryalls shall not operate where there is possibility of overturning in dangerous areas like edges of deep fills, cut banks, and steep slopes.

42. When loading where there is a probability of dangerous slides or movement of material, the wheels or treads of loading equipment, other than that riding on rails, should be turned in the direction which will facilitate escape in case of danger, except in a situation where this position of the wheels or treads would cause a greater operational hazard.

BLASTING OPERATIONS

1. Cases that have contained explosives shall be destroyed by burning out-of-doors. Do not burn in a stove or furnace.

2. Shoes with nails or metal plates shall not be worn in magazines or near explosives.

3. Blasting caps shall only be carried in approved containers.

4. The least amount of proper strength explosive that will do the job effectively shall be used.

5. Detonators and primers shall be separated from the explosives until it is necessary to bring them together in preparing for the blast.

6. Holes loaded during a shift should be fired during that shift.

7. The operations of loading and firing should be carried out with as few workers as possible.

8. Drill holes shall be blown out and made ready before explosives are brought to the site.

9. In tamping explosives, steady, even pressure should be used.

10. For electric blasting, the following shall apply:

(a) Tight electrical connections.

(b) No short circuits or breaks in the wires.

(d) A strong, properly-applied force when using a blasting machine operated by physical effort.

(e) Care not to damage the insulation of wires when tamping charges.

11. If misfires occur, the licensed blaster shall be contacted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-3-85; effective thirtieth day thereafter (Register 85, No. 14).

2. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE A-3-c

ROOFING OPERATIONS

1. Knotted hand lines should not be used.

2. Roofers tending kettles, or carrying buckets of hot tar, shall wear gloves that fit snugly at the wrists, and long sleeved shirts fastened at the wrists.

3. At no time should a roofer, while handling or exposed to injury from hot tar, work without a shirt or appropriate footwear.

4. Appropriate portable fire extinguishers shall be kept at or near the kettle, attached, if practicable, to the tongue of the kettle, away from the danger zone.

5. Kettle covers should be equipped with a handle that projects at least fourteen inches (14“) away from the surface of the cover or lid.

6. Kettle covers shall be closed and latched when in transit and the kettle should be slop-proof when cover is closed.

7. When parked, means shall be provided to prevent inadvertent movement of the kettle.

8. Ladders should be used with great caution, and roof gutters should not be depended upon for support.

9. Workers handling buckets of hot tar should not carry anything that will interfere with the safety of this operation.

10. The gallows frame shall be securely anchored before hoisting materials.

11. Only muscular power shall be used to hoist materials by means of a gallows frame. A winch or power hoist shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Item No. 58 and renumbering of Item Nos. 59-61 filed 6-6-80; effective thirtieth day thereafter (Register 80, No. 23).

2. Amendment filed 4-3-85; effective thirtieth day thereafter (Register 85, No. 14).

Appendix B

Handy Construction Data; Facts; and

Information Plate B-1

Handy Things to Know

1. TO FIND--

(a) the circumference of a circle, multiply the diameter by 3.1416 (approx. 3 1/7).

(b) the diameter of a circle, multiply the circumference by .31831.

(d) the area of a triangle, multiply the base by 1/2 the perpendicular height.

(e) the volume of a sphere, multiply cube of the diameter by .5236.

A gallon of water weighs 8 1/2 pounds.

A gallon of water contains 231 cubic inches.

A cubic foot of water contains 7 1/2 gals., 1728 cubic inches and weighs 62 1/2 lbs.

In board measure all boards are assumed to be 1 inch thick. Area of a lineal foot multiplied by length in feet will give the surface contents in square feet.

PLATE B-1-a

SANITATION OF PERSONAL SAFETY DEVICES

(except respiratory protective equipment)

Thorough scrubbing with soap and hot water is ordinarily adequate for cleaning purposes. When additional cleaning appears necessary, one of the following treatments should be used, in addition to the soap and water scrubbing:

(1) Immerse in boiling water for five (5) minutes.

(2) The method recommended by the manufacturer for cleaning and sterilizing.

After following any of these procedures, the equipment should be thoroughly rinsed with water and hung up to dry.

Such items that have been in contact with the skin of the wearer must be replaced if they cannot be cleaned as described.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Plate B-1-a filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

2. Amendment of Plate B-1-a repealing paragraphs (1)-(2) and renumbering paragraphs filed 7-28-2006; operative 8-27-2006 (Register 2006, No. 30).

PLATE B-2

MEASURES

1 SQUARE MILE = 640 acres

= 6400 square chains

1 ACRE = 10 square chains

= 4840 square yards

= 43,560 square feet

= a square, each side of which is 208.7 feet

= 16 square rods

1 SQUARE CHAIN = 484 square yards

= 4356 square feet

= 30.25 square yards

1 SQUARE ROD = 272.25 square feet

= 625 square links

1 SQUARE YARD = 9 square feet

1 SQUARE FOOT = 144 square inches

= 0.1337 cu. feet

1 U.S. GALLON = 231 cu. inches

= 4 quarts

= 8 pints

1 CUBIC FOOT = 7.48 U.S. Gallons

PLATE B-3

WEIGHTS OF MATERIALS

Approximate Weight

Material Per Cubic Foot--Lbs.

Aluminum 166

Ashes 43

Asphalt 81

Brass 524

Brick (common) 120 (about 3 tons per 1000)

Brick (fire) 145

Bronze 534

Concrete 150 (4050 lbs. per cu. yd.)

Copper 537

Crushed Rock 95 (2565 lbs. per cu. yd.)

Dry earth, loose 76 (2052 lbs. per cu. yd.)

Granite 179

Iron, casting 450

Lead 708

Lumber, Fir 32 (2666 lbs. 1000 ft.)

Lumber, Oak 62 (5166 lbs. 1000 ft.)

Marble 168

Mortar 100

Port. Cement 94 (376 lbs. per barrel)

River Sand 120 (3240 lbs. cu. yd.)

Steel 490

Tar 63

Tile 115

Water 62.5

Zinc 437

PLATE B-4

WEIGHTS OF METALS PER SQUARE FOOT

Thickness Wrought Cast

Inches Iron Iron Steel Copper Tin Zinc Brass Lead

Weights, Pounds per Square Foot

1/16 2.50 2.34 2.55 2.89 2.41 2.28 2.63 3.7

1/8 5.00 4.69 5.10 5.79 4.81 4.55 5.26 7.4

3/16 7.50 7.03 7.65 8.68 7.22 6.83 7.89 11.1

1/4 10.0 9.38 10.2 11.6 9.63 9.10 10.5 14.8

5/16 12.50 11.7 12.8 14.5 12.0 11.4 13.2 18.5

3/8 15.00 14.1 15.3 17.4 14.4 13.7 15.8 22.2

7/16 17.50 16.4 17.9 20.3 16.8 15.9 18.4 25.9

1/2 2 0.00 18.7 20.4 23.2 19.3 18.2 21.1 29.7

9/16 22.50 21.1 23.0 26.0 21.7 20.5 23.7 23.4

5/8 25.00 23.5 25.5 28.9 24.1 22.8 26.3 37.1

11/16 27.50 25.8 28.1 31.8 26.5 25.0 28.9 40.8

3/4 30.00 28.1 30.6 34.7 28.9 27.3 31.6 44.4

13/16 32.50 30.5 33.2 37.6 31.3 29.6 34.2 48.2

7/8 35.00 32.8 35.7 40.5 33.7 31.9 36.8 51.9

15/16 37.50 35.2 38.3 43.4 36.1 34.1 39.5 55.6

1 40.00 37.5 40.8 46.3 38.5 36.4 42.1 59.3

For rates in square inch, divide by 144.

PLATE B-5

WIND FORCE

FORCE OF WIND IN POUNDS PER SQUARE FOOT

Force Force

Miles per Square Miles per Square

per Hour Foot--in Lbs. per Hour Foot--in Lbs.

1 0.005 20 1.969

2 0.020 25 3.075

3 0.044 30 4.429

4 0.079 35 6.027

5 0.123 40 7.873

6 0.177 45 9.963

7 0.241 50 12.30

8 0.315 55 14.9

9 0.400 60 17.71

10 0.492 65 20.85

12 0.708 70 24.1

14 0.964 75 27.7

15 1.107 80 31.49

16 1.25 100 49.2

18 1.55

PLATE B-6

RULE OF THUMB

(The following are not suggested as a substitute for accurate tables and reference material, but are sometimes useful in making a final safety check.)

Nails

Safe load lateral resistance in pounds equal eight (8) times the pennyweight.

1-6d nail = 8 x 6, or 48 pound

1-6d nail = 8 x 8, or 64 pounds

1-10d nail = 8 x 10, or 80 pounds

Manila Rope

Safe load in tons equals diameter in inches squared. Not accurate in sizes larger than one inch (1”).

1” rope = 1 x 1, or 1 ton safe load

1/2” rope = 1/2 x 1/2, or 1/ Ss4 ton safe load

For sisal rope, decrease safe loads by one-third

Plow-steel Cable

Safe load in tons is eight (8) times the diameter in inches squared.

1/2” rope = 1/2 x 1/2 = 1/4 x 8 = 2 tons

Open Eye Hook

Safe load in tons is diameter of eye in inches squared.

2” hook, 2 x 2 = 4 tons

Shackle

Safe load in tons is diameter of pin in one-fourth inches (1/4“) squared and divided by three (3).

1/2” diameter = 2 quarters

Embedded Graphic 08.0233

Chains

Safe load in tons in six (6) times the square of the diameter of chain stock.

1/2” diameter chain stock

1/2 x 1/2 x 6 = 1 1/2 tons or 3,000 pounds

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

PLATE B-7

DOUGLAS FIR “STRUCTURAL PLANKS” ESPECIALLY SUITED FOR SCAFFOLDS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

PLATE B-8

DOUGLAS FIR “SELECTED LUMBER” FOR ORDINARY

SCAFFOLD PLANK SERVICE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

PLATE B-9

SQUARE COLUMNS--UNBRACED

ROUGH LUMBER--NOT SURFACED

Suggested Maximum Loads in Pounds -- 1,000 Pounds per Square Inch Douglas Fir

Embedded Graphic 08.0234

HISTORY

1. Change without regulatory effect correcting error in Plate B-9 filed 5-28-91 pursuant to section 100, Title 1, California Code of Regulations (Register 91, No. 27).

PLATE B-10

SUGGESTED LOAD LIMITS

FOR TIMBER BEAMS

STRESS GRADE DOUGLAS FIR -- 500 POUNDS PER SQUARE INCH

(The loads given are for dressed beams which are slightly smaller than nominal sizes listed).

Embedded Graphic 08.0235

PLATE B-11

STRENGTH OF U.S. STANDARD

BOLTS FROM 1/4” TO 2” DIAMETER

Embedded Graphic 08.0236

HISTORY

1. Editorial correction of Diameter of Bolts second entry (Register 95, No. 21).

PLATE B-12

CALIFORNIA HIGHWAY PATROL

STOPPING DISTANCE CHART

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Plate B-12 filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

PLATE B-13

MAXIMUM ALLOWABLE CONCENTRATIONS FOR

MINERAL DUSTS

HISTORY

1. Repealer of Appendix Plate B-13 filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

PLATE B-13-a

TABLE 1--MINERAL DUSTS

HISTORY

1. Repealer of Appendix Plate B-13-a filed 10-18-77; effective thirtieth day thereafter (Register 77, No. 43).

PLATE B-14 Table 1

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 12006, Health and Safety Code.

HISTORY

1. Repealer and new Plate B-14 filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Repealer and new Plate B-14 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

3. Amendment transferring Plate B-14 -- Table 1 to section 5352 -- Table EX-1 filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

Plate B-14 Table 2

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 12006, Health and Safety Code.

HISTORY

1. Repealer filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE B-14a

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate B-14a filed 6-26-97; operative 7-26-97 (Register 97, No. 26). For prior history, see Register 85, No. 30.

2. Amendment transferring Plate B-14a to section 5352 -- Table EX-3 filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE B-15

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Plates B-15-a and B-15-b and new Plate B-15 filed 7-8-81; effective thirtieth day thereafter (Register 81, No. 28).

2. Amendment of NOTE filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

3. Repealer and new Plate B-15 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

4. Amendment transferring Plate B-15 (tables 1-5) to section 5306 filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE B-16

LADDERS

Embedded Graphic 08.0237

Safe Procedure In Setting Up a Ladder

The base should be one-fourth the ladder length from the vertical plane of the top support

HISTORY

1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-17

CRITERIA FOR STAIRS, LADDERS AND RAMPS OR INCLINES

Embedded Graphic 08.0238

“Don't be the Fall Guy” (for stairs installed on or after April 3, 1997)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Amendment filed 12-4-2007; operative 1-3-2008 (Register 2007, No. 49).

3. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

1PLATE B-18

LIGHT-TRADE POLE SCAFFOLD

For Scaffolds Over 20 Feet High Use 3” x 4” Uprights

For carpenters, lathers, shinglers, painters, plasterers, sheet metal workers

and other trades not using heavy tools or storing heavy materials on the scaffold.

Embedded Graphic 08.0239

Note: (1) Continuous sills may be required on pavement or other surfaces that might cause slipping. When uprights are placed on the ground, they must rest on sills or foot blocks that are adequate to sustain the load.

(2) Ladders do not have to be placed as shown, but may be located at any suitable place on the scaffold that gives proper access to the platform or platforms.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate B-18 filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

3. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-19

HEAVY-TRADE POLE SCAFFOLD

For Scaffolds Over 20 Feet High Use 4” x 6” Uprights

For bricklayers, stone masons, stone cutters, concrete workers and

other trades using heavy tools or storing heavy materials on the scaffold.

Embedded Graphic 08.0240

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate B-19 filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

3. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-20

WOODEN BRACKET SCAFFOLD (Suggested)

(Can be Prefabricated for Attachment to Wall

Forms at Various Positions, Or Can be Made As a

Permanent Part of Movable Form Panel)

Embedded Graphic 08.0241

NOTE: (1) Maximum load is 25 psf.

(2) For railing and toeboard requirements, see Article 16 and Section 1645.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-21

METAL BRACKET SCAFFOLD (Suggested)

(“WALER JACK”)

Embedded Graphic 08.0242

Note: Bracket should not be used on walers held by wire ties unless there are at least three such ties fairly close to each jack. Bolted walers are preferred where brackets are used.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-22

LIMIT SPANS TO 7'6” (Suggested)

(FOR MULTIPLE SCAFFOLD USE AT LEAST

3” x 16” OUTRIGGERS)

Embedded Graphic 08.0243

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-23

BOATSWAIN'S CHAIR (Suggested)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Plates B-18, B-19, B-20, B-21, B-22 and B-23 filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Relocation and amendment of former Plate B-23 to Section 1662 (j) filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE B-24

OUTRIGGER BEAM FOR SUSPENDED STAGING (Suggested)

Embedded Graphic 08.0244

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Plate B-24 to Plate B-26 and renumbering and amendment of Plate B-23-a to Plate B-24 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-24

ACCEPTABLE SCAFFOLDS (Suggested)

HISTORY

1. Renumbering and amendment of former Plate B-24 to Plate B-26 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE B-24-a

SUSPENDED LADDER SCAFFOLD (Suggested)

HISTORY

1. Renumbering and amendment of Plate B-24-a to Plate B-26-a filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE B-25

SWING STAGE SHOWING CENTER SUPPORT

HISTORY

1. Renumbering and amendment of Plate B-25 to Plate B-28 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE B-25-a

SAFE HITCHES AND KNOTS

Embedded Graphic 08.0245

HISTORY

1. Renumbering of Appendix Plate C-7 to B-25-a filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-25-b

PAINTER'S HITCH

Embedded Graphic 08.0246

STEPS IN MAKING A SAFE HITCH

1. Locate and prepare place where load is to go.

2. Determine the weight of the load.

3. Determine the places where the hitching equipment is to be put on.

4. Decide on the type of hitch and hitching equipment which is necessary.

5. Decide on size of hitching equipment.

6. Put on hitch after checking condition of hitching equipment.

7. Take out the slack and check the hitch.

8. Raise the load to a safe level and travel to destination.

9. Lower the load near the landing area.

10. Adjust the blocking.

11. Set the load down on the blocking.

12. Remove the hitching equipment.

13. Check the hitching equipment.

14. Return equipment to proper place.

HISTORY

1. Renumbering of Appendix Plate C-8 to B-25-b filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Change without regulatory effect amending step 1 in Plate B-25-b filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).

3. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-26

ACCEPTABLE SCAFFOLDS

(Suggested*)

SUSPENDED SCAFFOLD

Embedded Graphic 08.0247

*See section 1658 for required railing protection

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Plate B-26 filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Renumbering and amendment of former Plate B-26 to Plate B-29, and renumbering and amendment of former Plate B-24 to Plate B-26 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

3. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-26-a

SUSPENDED LADDER SCAFFOLD

(Suggested)*

Embedded Graphic 08.0248

*See Section 1658 for required railing protection.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of Plate B-24-a to Plate B-26-a filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-27

MASON'S OUTRIGGER SCAFFOLD

(Suggested)

Embedded Graphic 08.0249

PLATE B-27-a

WELDERS' PLATFORM CAGES (Suggested)

Embedded Graphic 08.0250

HISTORY

1. Renumbering of Plate B-28 to Plate B-27-a filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations for plates B-27 and B-27-a filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-28

SWING STAGE SHOWING CENTER SUPPORT ACCEPTABLE

FOR RAILING REINFORCEMENT*

Embedded Graphic 08.0251

*See Section 1658 for required railing protection.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Plate B-28 to Plate B-27-a and renumbering and amendment of Plate B-25 to Plate B-28 filed 7--24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-29

ACCEPTABLE MASONS' SUSPENDED SCAFFOLD

That Will Comply with Order No. 1659

Limit Plank Spans to 8'-0”

Embedded Graphic 08.0252

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Plate B-29 to Plate B-31, and renumbering and amendment of Plate B-26 to Plate B-29 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATES B-29, B-29-a and B-29-b

HISTORY

1. Renumbering of former Plates B-29, B-29-a and B-29-b to Plates B-31, B-31-a and B-31-b filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE B-30

Nails and Spikes.

(1) Safe Lateral Strength. A common wire nail driven perpendicular to grain of the wood, when used to fasten wood members together, shall not be subjected to a greater load causing shear and bending than the safe lateral strength of the wire nail or spike as set forth in Plate B-30-a.

A wire nail driven parallel to the grain of the wood or toe nailed shall not be subjected to more than two-thirds of the lateral load allowed when driven perpendicular to grain.

PLATE B-30-a

SAFE LATERAL STRENGTH AND REQUIRED PENETRATION OF COMMON WIRE NAILS

Driven Perpendicular to Grain of the Wood

Embedded Graphic 08.0253

(2) Safe Resistance to Withdrawal. A wire nail driven perpendicular to grain of the wood shall not be subjected to a greater load, tending to cause withdrawal, than the safe resistance of the nail to withdrawal, as set forth in Plate B-30-b.

Nails driven parallel to grain of the wood shall not be allowed for resisting withdrawal forces.

PLATE B-30-b

SAFE RESISTANCE TO WITHDRAWAL OF COMMON WIRE NAILS

Inserted Perpendicular to Grain of the Wood, in Pounds per Linear Inch of Penetration into the Main Member

Embedded Graphic 08.0254

(3) Spacing and Penetration. Common wire nails shall have penetration into the piece receiving the point as set forth in Plate B-30-a. Nails or spikes, for which the wire gauges or lengths are not specified in Plate B-30-a, shall have a required penetration of not less than nine and one-half diameters, and allowable loads may be interpolated.

For wood to wood joints the spacing center-to-center shall be not less than the required penetration.

Edge and end distances shall be not less than one-half of the required penetration.

Holes for nails, where necessary to prevent splitting, shall be bored of a diameter smaller than that of the nails.

PLATE B-31 BOLTS

Safe loads in pounds for bolts in double shear and in seasoned lumber of the following species: cypress, southern; Douglas fir (coast and inland region); larch, wester; pine, southern yellow; in joints consisting of three members in which the side members are one-half the thickness of the main member, shall not exceed values set forth in Plates B-31-a, -b.

PLATE B-31-a

HOLDING POWER OF BOLTS

Loads Parallel to Grain (p)

Embedded Graphic 08.0255

1 This assumes dressed size lumber. Safe loads for other lengths of bolt in main member may be obtained by interpolation.

PLATE B-31-b

HOLDING POWER OF BOLTS

Loads Perpendicular to Grain (q)

Embedded Graphic 08.0256

1 This assumes dressed size lumber. Safe loads for other lengths of bolt in main member may be obtained by interpolation.

HISTORY

1. Renumbering and amendment of Plates B-29, B-29-a and B-29-b to Plates B-31, B-31-a and B-31-b filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE B-32

(EXAMPLE)

BRICKLAYERS' SQUARE SCAFFOLD

Embedded Graphic 08.0257

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3. Labor Code.

HISTORY

1. New Plate B-32 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-33

PUMP JACK SCAFFOLD

(EXAMPLE)

Embedded Graphic 08.0258

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3. Labor Code.

HISTORY

1. New Plate B-33 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-34

(EXAMPLE)

LADDER JACK SCAFFOLD

Embedded Graphic 08.0259

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3. Labor Code.

HISTORY

1. New Plate B-34 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-35

(EXAMPLE)

WINDOW JACK SCAFFOLD

Embedded Graphic 08.0260

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3. Labor Code.

HISTORY

1. New Plate B-35 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-36

(EXAMPLE) STONE SETTERS' ADJUSTABLE MULTI-POINT SUSPENDED SCAFFOLD WITH MANUAL WINDING DRUM HOISTS

Embedded Graphic 08.0261

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate B-36 filed 7-24-87: operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-37

NEEDLE BEAM SCAFFOLD

(EXAMPLE)

STRUCTURAL MEMBER ABOVE

Embedded Graphic 08.0262

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate B-37 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-38

FLOAT SCAFFOLD

(EXAMPLE)

Embedded Graphic 08.0263

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate B-38 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-39

TWO-POINT SUSPENDED SCAFFOLD

(Example)

Embedded Graphic 08.0264

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate B-39 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-40

PROHIBITED SCAFFOLDS

(Examples)

Embedded Graphic 08.0265

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Plate C-20 to Plate B-40 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-41

SUGGESTED SCAFFOLD HORSES

(See Construction Safety Order 1647)

Embedded Graphic 08.0266

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Plate C-21 to Plate B-41 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations and correcting cross-reference filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE B-42

MULTI-LEVEL SUSPENDED SCAFFOLD WITH POWERED HOISTS

Embedded Graphic 08.0267

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate B42 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

Appendix C

Helpful Construction Methods

PLATE C-1

EFFICIENCY OF WIRE ROPE CONNECTIONS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-2

APPLYING WIRE ROPE CLIPS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new plate filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-3

SAFE WORKING LOADS FOR SHACKLES

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new plate filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-4

STRENGTH OF MANUFACTURED EYE HOOKS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-5

WIRE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-6

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-a

RATED CAPACITY

(WORKING LOAD LIMIT),

FOR ALLOY STEEL CHAIN SLINGS RATED CAPACITY (WORKING LOAD LIMIT),

POUNDS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New plates C-7-a through C-7-n filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-b

MAXIMUM ALLOWABLE WEAR AT ANY POINT OF LINK

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-c

RATED CAPACITIES FOR SINGLE LEG SLINGS

6 X 19 AND 6 X 37 CLASSIFICATION

IMPROVED PLOW STEEL GRADE ROPE WITH FIBER CORE (FC)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-d

RATED CAPACITIES FOR SINGLE LEG SLINGS

6 X 19 AND 6 X 37 CLASSIFICATION

IMPROVED PLOW STEEL GRADE ROPE WITH INDEPENDENT WIRE ROPE CORE (IWRC)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-e

RATED CAPACITIES FOR SINGLE LEG SLINGS

CABLE LAID ROPE-MECHANICAL SPLICE ONLY

7 X 7 X 7 & 7 X 7 X 19 CONSTRUCTIONS GALVANIZED

AIRCRAFT GRADE ROPE

7 X 6 X 19 IWRC CONSTRUCTION IMPROVED PLOW STEEL GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-f

RATED CAPACITIES FOR SINGLE LEG SLINGS

8-PART AND 6-PART BRAIDED ROPE

6 X 7 AND 6 X 19 CONSTRUCTION IMPROVED

PLOW STEEL GRADE ROPE

7 X 7 CONSTRUCTION GALVANIZED

AIRCRAFT GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-g

RATED CAPACITIES FOR 2-LEG & 3-LEG BRIDLE SLINGS

6 X 19 AND 6 X 37 CLASSIFICATION

IMPROVED PLOW STEEL GRADE ROPE WITH FIBER CORE (FC)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-h

RATED CAPACITIES FOR 2-LEG & 3-LEG BRIDLE SLINGS

6 X 19 AND 6 X 37 CLASSIFICATION IMPROVED

PLOW STEEL GRADE ROPE WITH INDEPENDENT WIRE ROPE CORE (IWRC)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-i

RATED CAPACITIES FOR 2-LEG & 3-LEG BRIDLE SLINGS

7 X 7 X 7 AND 7 X 7 X 19 CONSTRUCTIONS GALVANIZED AIRCRAFT GRADE ROPE

7 X 6 X 19 IWRC CONSTRUCTION IMPROVED PLOW STEEL GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-j

RATED CAPACITIED FOR 2-LEG AND 3-LEG BRIDLE SLINGS 8-PART AND 6-PART BRAIDED ROPE

6 X 7 SNF 6 X 19

CONSTRUCTION IMPROVED PLOW STEEL GRADE ROPE

7 X 7 CONSTRUCTION GALVANIZED AIRCRAFT GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-k

RATED CAPACITIES FOR STRAND LAID GROMMET-HAND TUCKED IMPROVED PLOW STEEL GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-l

RATED CAPACITIES FOR CABLE LAID

GROMMET-HAND TUCKED

7 X 6 X 7 AND 7 X 6 X 19 CONSTRUCTIONS IMPROVED

PLOW STEEL GRADE ROPE

7 X 7 X 7 CONSTRUCTION GALVANIZED AIRCRAFT

GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-m

RATED CAPACITIES FOR STRAND LAID ENDLESS SLINGS-MECHANICAL JOINT IMPROVED PLOW STEEL GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-7-n

RATED CAPACITIES FOR CABLE LAID ENDLESS SLINGS-MECHANICAL JOINT

7 X 7 X 7 AND 7 X 7 X 19

CONSTRUCTION GALVANIZED AIRCRAFT GRADE ROPE

7 X 6 X 19 IWRC CONSTRUCTION IMPROVED PLOW STEEL GRADE ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C8-a

MANILA ROPE SLINGS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New plates C-8-a through C-8-d filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-8-b

NYLON ROPE SLINGS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-8-c

POLYESTER ROPE SLINGS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-8-d

POLYPROPYLENE ROPE SLINGS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-9

MANILA ROPE

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No. 4).

PLATE C-10

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 1-13-87; effective thirtieth day thereafter (Register 87, No.

PLATE C-11

RECOMMENDED HAND SIGNALS FOR

CONTROLLING CRANE OPERATIONS

Embedded Graphic 08.0268

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-11 filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-11-a

RECOMMENDED HAND SIGNALS FOR

CONTROLLING CRANE OPERATIONS

Embedded Graphic 08.0269

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-11-a filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-11-b

RECOMMENDED HAND SIGNALS FOR CONTROLLING CRANE OPERATIONS

Embedded Graphic 08.0270

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Plate title filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-11-c

STANDARD CRANES

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-d

STANDARD CRANES

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-e

STANDARD CRANES

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-f

STANDARD CRANES AND DERRICKS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-g

STANDARD CRANES

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-h

STANDARD CRANES

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-i

STANDARD CRANES

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-j

STANDARD DERRICKS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-k

STANDARD DERRICKS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-l

STANDARD DERRICKS

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-11-m

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-11-m filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Amendment of Plate C-11-m filed 7-3-80 as procedural and organizational; effective upon filing (Register 80, No. 27).

3. Repealer filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 39).

PLATE C-12

HOW TO LIFT

1. Size up the load first. Get help if you need it.

2. Be sure of your footing.

3. Lift with your legs, not your back.

4. Keep your balance--don't twist under strain or jerk the load.

Embedded Graphic 08.0271

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Change without regulatory effect amending Plate C-12 filed 1-28-93 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 4).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-13

FIRE EXTINGUISHMENT

Embedded Graphic 08.0272

HISTORY

1. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-13-a

CLASSES OF FIRES

Embedded Graphic 08.0273

HISTORY

1. Amendment filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-13-b

TYPES OF FIRE EXTINGUISHERS

Embedded Graphic 08.0274

PLATE C-14

TILT-UP CONCRETE SLAB ERECTION METHODS

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

PLATE C-15

RAMP FOR MOTOR-DRIVEN CONCRETE BUGGIES

Embedded Graphic 08.0275

HISTORY

1. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-16

CAB PROTECTION (FOR TRUCKS HAULING

GRAVEL, ROCK, DIRT, ETC.)

Embedded Graphic 08.0276

HISTORY

1. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-17

SUGGESTED TEST FOR SCAFFOLD PLANKS [Repealed]

HISTORY

1. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

2. Repealer filed 11-2-2010; operative 12-2-2010 (Register 2010, No. 45).

PLATE C-18

ROOFER'S GALLOWS FRAME (Suggested)

MATERIAL--CLEAR, STRAIGHT GRAINED, SELECTED

LUMBER OR EQUIVALENT

Embedded Graphic 08.0277

HISTORY

1. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-19

ROOFER'S JACK (Suggested)

FOR COMPOSITION SHINGLES OR ROLL ROOFING

Embedded Graphic 08.0278

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-19 filed 6-6-80; effective thirtieth day thereafter (Register 80, No. 23).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-20

HISTORY

1. Renumbering and amendment of former Plate C-20 to Plate B-40 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE C-21

HISTORY

1. Renumbering and amendment of former Plate C-2l to Plate B-41 filed 7-24-87; operative 8-23-87 (Register 87, No. 33).

PLATE C-22

BEARING VALUE OF SOIL

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

PLATE C-23

SHORING SYSTEM FOR TRENCHES

HISTORY

1. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

2. Repealer filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

PLATE C-24-a

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-24-a filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Editorial correction of printing error (Register 82, No. 50).

3. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

PLATE C-24-b

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-24-b filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Editorial correction of printing error (Register 82, No. 50).

3. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

PLATE C-24-c

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-24-c filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Editorial correction of printing error (Register 82, No. 50).

3. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

PLATE C-24-d

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-24-d filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Editorial correction of printing error (Register 82, No. 50).

3. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

PLATE C-24e

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-24-e filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

2. Editorial correction of printing error (Register 82, No. 50).

3. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 13).

PLATE C-25

PROTECTIVE TROUGHS FOR PROTRUDING

REINFORCING STEEL (Suggested)

SEE ORDER 1712

Embedded Graphic 08.0279

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-19-75; effective thirtieth day thereafter (Register 75, No. 8).

2. Amendment filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Amendment filed 1-30-80; effective thirtieth day thereafter (Register 80, No. 5).

4. Editorial correction (Register 80, No. 13).

5. Amendment of Note filed 6-21-85; effective thirtieth day thereafter (Register 85, No. 25).

6. Amendment filed 4-1-97; operative 5-1-97 (Register 97, No. 14).

7. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-26-a

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Repealer of Plate C-26-a filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE C-26-b

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 3).

2. Repealer filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

PLATE C-27

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Plate C-27 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

2. Transfer of Plate C-27 to section 5304 and new Note filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

PLATE C-28

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Relocation and amendment of former Plate C-28 to new section 1573.1 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

PLATE C-29

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 7-26-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Relocation and amendment of former Plate C-29 to new section 1573.2 filed 6-26-97; operative 7-26-97 (Register 97, No. 26).

PLATE C-30

TEMPORARY POWER POLE

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-21-78; effective thirtieth day thereafter (Register 79, No. 1).

PLATE C-30-a

KEY TO DIAGRAM OF TEMPORARY POWER POLE ON

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Amendment of (2) filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of (2) filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 21).

3. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

PLATE C-30-b

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-9-78; effective thirtieth day thereafter (Register 79, No. 1).

PLATE C-31

ALLOWABLE CURRENT-CARRYING

CAPACITY OF FLEXIBLE CORD

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

PLATE C-31-a

APPROVED CONFIGURATIONS FOR NONLOCKING PLUGS AND RECEPTACLES FOR GENERAL PURPOSE 60 HERTZ A.C. USE

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

PLATE C-31-b

APPROVED CONFIGURATIONS FOR LOCKING TYPE

PLUGS AND RECEPTACLES FOR GENERAL PURPOSE

60 HERTZ A.C. USE

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

PLATE C-31-c

OVERCURRENT PROTECTION CRITERIA

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-12-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

PLATE C-33--Plate C-35-B

HISTORY

1. Repealer of Plates C-33, C-33-A, C-33-B, C-33-C, C-33-D, C-33-E, C-33-F, C-34, C-35, C-35-A and C-35-B filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46)

APPENDIX

PLATE C-36-a

SAFE PRACTICES--HELICOPTERS

1. Do not approach or leave a helicopter while its engines are running unless in a crouched position and the pilot or pilot's designee signals that it is safe to do so.

2. Always approach and leave the helicopter in plain view of the pilot or as directed by the pilot's designee; never from the rear.

3. Approach and leave the helicopter on a level with the craft or a lower level, never from or to higher ground than that of the helicopter.

4. Wear goggles and head protection with chin strap under the chin when in the vicinity of an operating helicopter. Loose-fitting clothing likely to flap in the downwash and possibly be snagged on the hoist line shall not be worn.

5. Load all cargo and secure it to the satisfaction of the pilot or pilot's designee.

6. Do not put tag lines on sling loads without the pilot's or pilot's designee's permission and limit their numbers, their placement, and their lengths to the pilot's satisfaction.

7. Do not place explosives, flammables, or other dangerous materials on board any aircraft without the pilot's knowledge.

8. Carry all materials to or from the helicopter in a horizontal position not above waist level.

9. Do not smoke within 50 feet of a helicopter, fuel storage, or fueling operation.

10. Do not stand directly under a hovering helicopter longer than necessary to hook-up or unhook the load.

11. Always watch the helicopter, sling load, hook, or bottom end of the cable to avoid being hit.

12. Know the escape procedure at each operation site.

13. Keep landing and hovering areas clear of loose and lightweight materials.

14. Notify the person in charge of the project when erecting a suspended line, tower or other navigational hazard.

15. Turn off radio transmitter when in vicinity of explosives or explosive loading operations.

16. Passengers transported by helicopter shall be instructed to:

(A) Board and depart only on instruction from the pilot.

(B) Use seat belts during take off, flight, and landing.

(D) Remain seated during the time you are aboard.

(E) Watch for other airborne aircraft and navigational hazards and call them to the attention of the pilot.

(F) Do not smoke unless permitted by the pilot.

17. When performing as a crew member in external operations, listen to and be familiar with the normal sounds emitted by the helicopter in flight so that you will have the earliest notice of trouble and can avoid dangerous exposure.

(18) When visibility is reduced by dust or other conditions, ground personnel shall exercise special caution to keep clear of main and stabilizing rotors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

2. Amendment filed 5-1-87; operative 5-31-87 (Register 87, No. 19).

PLATE C-36-b

TEMPORARY HELICOPTER LANDING SITE (Elevated)

Embedded Graphic 08.0280

PLATE C-36-b

GROUND CREW PROTECTION

Embedded Graphic 08.0281

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

2. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-36-c

HELICOPTER HAND SIGNALS

Embedded Graphic 08.0282

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New plates C-36-a, C-36-b (Figures 1-6) and C-36-c filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

2. New NOTE filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

3. Change without regulatory effect providing more legible illustrations filed 8-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

PLATE C-37

Approval Criteria Pole Tool Assemblies

(1) The maximum extension of the pole tool assembly shall not exceed 6 feet (183 cm) in length measured from the heel of the powder-actuated tool to the trigger mechanism on the pole.

(2) The powder-actuated tool, to which the pole tool assembly is attached, shall be only of low velocity type.

(3) The extension assembly shall be of such structural integrity as to withstand the forces involved in the use of the tool.

(4) The powder-actuated tool shall be of a type whereby either fasteners or power loads must be loaded individually.

(5) The trigger mechanism shall be attached to the assembly.

(6) Pole tool extension assemblies shall either be constructed of a dielectric* material, or those portions of the trigger mechanism and pole normally held by the operator while using the tool in the upright position shall be covered with a dielectric material sufficient to preclude the possibility of electric shock or burn caused by contact between the tool or attachments with energized wiring.

* The pole tool handle and connecting controls shall be capable of withstanding for one minute, without breakdown, the application of a 60 hertz essentially sinusoidal potential of 1000 volts + 2 x (rated voltage).

EXAMPLE: 1000 + 2(600) = 2200 volts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Plate C-37 filed 10-16-84; effective thirtieth day thereafter (Register 84, No. 42).

Subchapter 5. Electrical Safety Orders

Group 1. Low-Voltage Electrical Safety Orders

§2299. Foreword.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Group 1 (Articles 1 through 35; Sections 2300 through 2596, not consecutive, and Article 38--Tables), adoption of new Group 1 (Foreword and Articles 1 through 82, Sections 2299 through 2570.2, not consecutive) and renumbering of Article 36 to Article 83 (Section 2599) filed 10-14-75; effective thirtieth day thereafter (Register 75, No. 42). For prior history see, Original Title 8; Register 3; Register 23, No. 4; Register 28, No. 3; Register 55, No. 3; Register 62, No. 24; Register 73, No. 30; Register 73, No. 49; Register 74, No. 47.

2. Editorial correction repealing section filed 11-2-83 (Register 83, No. 45).

Article 1. Definitions

§2300. Scope.

Note • History

(a) Only definitions of terms peculiar to and essential to the proper use of this Safety Order are included. In general, only those terms used in two or more Articles are defined in Article 1. Other definitions are included in the Article in which they are used but may be referenced in Article 1.

(b) Definitions.

Acceptable. An installation or equipment is acceptable to the Division of Occupational Safety and Health, if approved as prescribed in Section 2305.4 of these Safety Orders.

Accepted. An installation is “accepted” if it has been inspected and found by a nationally recognized testing laboratory to conform to specified plans or to procedures of applicable codes.

Accessible.

(A) Equipment Application (Other than Wiring Methods). Admitting close approach because not guarded by locked doors, elevation, or other effective means.

(B) Readily. Capable of being reached quickly for operation, renewal, or inspections, without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, chairs, etc.

(C) Safely. Not exposing persons installing, operating, maintaining, or inspecting electrical apparatus to serious risks of tripping or falling or of coming in contact with energized electrical parts, moving machinery, surfaces or objects operating at high temperatures or other hazardous equipment.

(D) Wiring Method Application. Capable of being removed or exposed without damaging the building structure or finish, or not permanently closed in by the structure or finish of the building (see “Concealed” and “Exposed”).

Ampacity. The current, in amperes, that a conductor can carry continuously under the conditions of use without exceeding its temperature rating.

Appliance. Utilization equipment, generally other than industrial, normally built in standardized sizes or types, which is installed or connected as a unit to perform one or more functions such as clothes washing, air conditioning, food mixing, deep frying, etc.

Appliance, Fixed. An appliance which is fastened or otherwise secured at a specific location.

Appliance, Portable. An appliance which is actually moved or can easily be moved from one place to another in normal use.

Approved. The conductors and equipment required or permitted by these orders shall be acceptable to the Division of Occupational Safety and Health only if approved as prescribed in Section 2305.4 of these Safety Orders.

Armored Cable (Type AC). A fabricated assembly of insulated conductors in a flexible metallic enclosure.

Askarel. A generic term for a group of nonflammable synthetic chlorinated hydrocarbons used as electrical insulating media. Askarels of various compositional types are used. Under arcing conditions the gases produced, while consisting predominantly of noncombustible hydrogen chloride, can include varying amounts of combustible gases depending upon the askarel type.

Attachment Plug (Plug Cap) (Cap). A device which, by insertion in a receptacle, establishes connection between the conductors of the attached flexible cord and the conductors connected permanently to the receptacle.

Authorized Person. A qualified person delegated to perform specific duties under the conditions existing.

Automatic. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pressure, temperature, or mechanical configuration.

Bare Conductor. See Conductor.

Barrier. A physical obstruction that is intended to prevent contact with equipment or live parts or to prevent unauthorized access to a work area.

Bathroom. An area including a basin with one or more of the following: a toilet, a tub, or a shower.

Bond. An electrical connection from one metallic element to another for the purpose of minimizing potential differences and providing suitable conductivity for fault current or for mitigation of leakage current and electrolytic action.

Bonding (Bonded). The permanent joining of metallic parts to form an electrically conductive path which will assure electrical continuity and the capacity to conduct safely any current likely to be imposed.

Bonding Jumper. A reliable conductor to assure the required electrical conductivity between metal parts required to be electrically connected.

Bonding Jumper, Circuit. The connection between portions of a conductor in a circuit to maintain required ampacity of the circuit.

Bonding Jumper, Equipment. The connection between two or more portions of the equipment grounding conductor.

Bonding Jumper, Main. The connection between the grounded circuit conductor and the equipment grounding conductor at the service.

Branch Circuit. The circuit conductors between the final overcurrent device protecting the circuit and the outlet(s).

Branch Circuit, Appliance. A branch circuit supplying energy to one or more outlets to which appliances are to be connected; such circuits to have no permanently connected lighting fixtures not a part of an appliance.

Branch Circuit, General Purpose. A branch circuit that supplies a number of outlets for lighting and appliances.

Branch Circuit, Individual. A branch circuit that supplies only one utilization equipment.

Branch Circuit, Multiwire. A branch circuit consisting of two or more ungrounded conductors having a potential difference between them, and an identified grounded conductor having equal potential difference between it and each ungrounded conductor of the circuit and which is connected to the neutral conductor of the system.

Building. A structure which stands alone or which is cut off from adjoining structures by fire walls with all openings therein protected by approved fire doors.

Building Space. A room, vault, or wiring enclosures such as conduit, pull box, switchboards, and other like enclosures.

Cabinet. An enclosure designed either for surface or flush mounting and provided with a frame, mat, or trim in which a swinging door or doors are or can be hung.

Cable Tray System. A unit or assembly of units or sections and associated fittings forming a rigid structural system used to securely fasten or support cables and raceways. Cable tray systems include ladders, troughs, channels, solid bottom trays, and other similar structures.

Cablebus. An assembly of insulated conductors with fittings and conductor terminations in a completely enclosed, ventilated, protective metal housing.

Cell Line. An assembly of electrically interconnected electrolytic cells supplied by a source of direct current power.

Cell Line Attachments and Auxiliary Equipment. Cell line attachments and auxiliary equipment include, but are not limited to, auxiliary tanks, process piping, ductwork, structural supports, exposed cell line conductors, conduits and other raceways, pumps, positioning equipment, and cell cutout or bypass electrical devices. Auxiliary equipment also includes tools, welding machines, crucibles, and other portable equipment used for operation and maintenance within the electrolytic cell line working zone. In the cell line working zone, auxiliary equipment includes the exposed conductive surfaces of ungrounded cranes and crane-mounted cell-servicing equipment.

Center Pivot Irrigation Machine. A multi-motored irrigation machine that revolves around a central pivot and employs alignment switches or similar devices to control individual motors.

Certified. Equipment is “certified” if it bears a label, tag, or other record of certification that the equipment:

(A) Has been tested and found by a nationally recognized testing laboratory to meet nationally recognized standards or to be safe for use in a specified manner; or

(B) Is of a kind whose production is periodically inspected by a nationally recognized testing laboratory and is accepted by the laboratory as safe for its intended use.

Circuit Breaker. A device designed to open and close a circuit by nonautomatic means and to open the circuit automatically on a predetermined overcurrent without damage to itself when properly applied within its rating.

(A) Adjustable. (As applied to Circuit Breakers.) A qualifying term indicating that the circuit breaker can be set to trip at various values of current and/or time within a predetermined range.

(B) Instantaneous Trip. (As applied to Circuit Breakers.) A qualifying term indicating that no delay is purposely introduced in the tripping action of the circuit breaker.

(C) Inverse Time. (As applied to Circuit Breakers.) A qualifying term indicating there is purposely introduced a delay in the tripping action of the circuit breaker, which delay decreases as the magnitude of the current increases.

(D) Nonadjustable. (As applied to Circuit Breakers.) A qualifying term indicating that the circuit breaker does not have any adjustment to alter the value of current at which it will trip or the time required for its operation.

(E) Setting. (Of Circuit Breaker.) The value of current and/or time at which an adjustable circuit breaker is set to trip.

Concealed. Rendered inaccessible by the structure or finish of the building. Wires in concealed raceways are considered concealed, even though they may become accessible by withdrawing them. [See “Accessible--(As applied to wiring methods)”]

Conductor.

(A) Bare. A conductor having no covering or electrical insulation whatsoever. (See “Conductor, Covered.”)

(B) Covered. A conductor encased within material of composition or thickness that is not recognized by these Orders as electrical insulation. (See “Conductor, Bare.”)

(C) Insulated. A conductor encased within material of composition and thickness that is recognized by these Orders as electrical insulation.

Conduit. (See “Raceway.”)

Conduit Body. A separate portion of a conduit or tubing system that provides access through one or more removable covers to the interior of the system at a junction of two or more sections of the system or at a terminal point of the system. Boxes such as FS and FD or larger cast or sheet metal boxes are not classified as conduit bodies.

Connector, Pressure (Solderless). A device that establishes a connection between two or more conductors or between one or more conductors and a terminal by means of mechanical pressure and without the use of solder.

Continuous Duty. (See under “Duty.”)

Continuous Load. A load where the maximum current is expected to continue for three hours or more.

Controller. A device or group of devices that serves to govern, in some predetermined manner, the electric power delivered to the apparatus to which it is connected.

Cooking Unit, Counter-Mounted. A cooking appliance designed for mounting in or on a counter and consisting of one or more heating elements, internal wiring, and built-in or separately mountable controls. (See “Oven, Wall-Mounted.”)

Covered Conductor. (See under “Conductor.”)

Cutout Box. An enclosure designed for surface mounting and having swinging doors or covers secured directly to and telescoping with the walls of the box proper. (See “Cabinet.”)

Damp Location. (See under “Location.”)

Dead Front Without live parts exposed to a person on the operating side of the equipment.

Deenergized. Free from any electrical connection to a source of potential difference and from electrical charge; not having a potential different from that of the earth.

Demand Factor. The ratio of the maximum demand of a system, or part of a system, to the total connected load of a system or the part of the system under consideration.

Device. A unit of an electrical system which is intended to carry but not utilize electric energy.

Dielectric Heating. The heating of a nominally insulating material due to its own dielectric losses when the material is placed in a varying electric field.

Different Systems. Those which derive their supply from different sources, or from individual transformers or banks of transformers which do not have their secondary windings interconnected, or from individual service switches.

Disconnecting Means. A device, or group of devices, or other means by which the conductors of a circuit can be disconnected from their source of supply.

Division. Unless otherwise designated in this subchapter, the term “Division” refers to the current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

Dry Location. (See under “Location.”)

Dustproof. So constructed or protected that dust will not interfere with its successful operation.

Dust-Tight. So constructed that dust will not enter the enclosing case.

Duty.

(A) Continuous Duty. Operation at a substantially constant load for an indefinitely long time.

(B) Intermittent Duty. Operation for alternate intervals of (1) load and no load; or (2) load and rest; or (3) load, no load and rest.

(D) Short Time Duty. Operation at a substantially constant load for a short and definitely specified time.

(E) Varying Duty. Operation at loads, and for intervals of time, both of which may be subject to wide variation.

Electrolytic Cell Line Working Zone. The cell line working zone is the space envelope wherein operation or maintenance is normally performed on or in the vicinity of exposed energized surfaces of electrolytic cell lines or their attachments.

Electrolytic Cells. A tank or vat in which electrochemical reactions are caused by applying energy for the purpose of refining or producing usable materials.

Enclosed. Surrounded by a case, housing, fence or walls which will prevent persons from accidentally contacting energized parts.

Enclosure. The case or housing of apparatus, or the fence or wall surrounding an installation to prevent personnel from accidentally contacting energized parts, or to protect the equipment from physical damage.

Energized. Electrically connected to a source of potential difference.

Energized Parts (Live Parts). Parts which are of a potential different from that of the earth, or some conducting body which serves in place of the earth.

Equipment. A general term including material, fittings, devices, appliances, fixtures, apparatus, and the like used as a part of, or in connection with, an electrical installation.

Equipment Grounding Conductor. See “Grounding Conductor, Equipment.”

Explosion-Proof Apparatus. Apparatus enclosed in a case that is capable of withstanding an explosion of a specified gas or vapor which may occur within it and of preventing the ignition of a specified gas or vapor surrounding the enclosure by sparks, flashes, or explosion of the gas or vapor within, and which operates at such an external temperature that a surrounding flammable atmosphere will not be ignited thereby.

Exposed. (As applied to live parts.) Capable of being inadvertently touched or approached nearer than a safe distance by a person. It is applied to parts not suitably guarded, isolated, or insulated. (See “Accessible” and “Concealed.”)

Exposed. (As applied to wiring methods.) On or attached to the surface or behind panels designed to allow access. [See “Accessible--(As applied to wiring methods)”]

Exposed. (For the purposes of Article 87.) Where the circuit is in such a position that in case of failure of supports or insulation, contact with another circuit may result.

Externally Operable. Capable of being operated without exposing the operator to contact with live parts.

Feeder. All circuit conductors between the service equipment, the source of a separate derived system, or other power supply source and the final branch circuit overcurrent device.

Fitting. An accessory such as a locknut, bushing, or other part of a wiring system that is intended primarily to perform a mechanical rather than an electrical function.

Fountain. Fountains, ornamental pools, display pools, and reflection pools.

NOTE: This definition does not include drinking fountains.

Ground. A conducting connection, whether intentional or accidental, between an electrical circuit or equipment and the earth, or to some conducting body that serves in place of the earth.

Grounded. Connected to earth or to some conducting body that serves in place of the earth.

Grounded, Effectively. Intentionally connected to earth through a ground connection or connections of sufficiently low impedance and having sufficient current-carrying capacity to prevent the buildup of voltages that may result in undue hazards to connected equipment or to persons.

Grounded Conductor. A system or circuit conductor that is intentionally grounded.

Grounding Conductor. A conductor used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.

Grounding Conductor, Equipment. The conductor used to connect the noncurrent-carrying metal parts of equipment, raceways, and other enclosures to the system grounded conductor, the grounding electrode conductor, or both, at the service equipment or at the source of a separately derived system.

Grounding Electrode Conductor. The conductor used to connect the grounding electrode to the equipment grounding conductor, to the grounded conductor, or to both, of the circuits at the service equipment or at the source of a separately derived system.

Ground-Fault Circuit-Interrupter. A device intended for the protection of personnel that functions to de-energize a circuit or portion thereof within an established period of time when a current to ground exceeds some predetermined value that is less than that required to operate the overcurrent protective device of the supply circuit.

Guarded. Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats, or platforms to remove the likelihood of approach to a point of danger or contact by persons or objects.

Healthcare Facilities. Buildings or portions of buildings in which medical, dental, psychiatric, nursing, obstetrical, or surgical care are provided.

NOTE: Healthcare facilities include, but are not limited to, hospitals, nursing homes, limited care facilities, clinics, medical and dental offices, and ambulatory care centers, whether permanent or movable.

Heating Equipment. For the purposes of Article 77.2, the term “heating equipment” includes any equipment used for heating purposes if heat is generated by induction or dielectric methods.

Hoistway. Any shaftway, hatchway, well hole, or other vertical opening or space that is designed for the operation of an elevator or dumbwaiter.

Identified (as applied to equipment). Approved as suitable for the specific purpose, function, use, environment, or application, where described in a particular requirement.

NOTE: Some examples of ways to determine suitability of equipment for a specific purpose, environment, or application include investigations by a nationally recognized testing laboratory (through listing and labeling), inspection agency, or other organization recognized under the definition of “acceptable.”

Induction Heating. The heating of a nominally conductive material due to its own I2R losses when the material is placed in a varying electromagnetic field.

Insulated. Separated from other conducting surfaces by a dielectric (including air space) offering a high resistance to the passage of current.

Insulated Conductor. See “Conductor, Insulated.”

Interlock. An electrical, mechanical, or key-locked device intended to prevent an undesired sequence of operations.

Interrupting Rating. The highest current at rated voltage that an overcurrent protective device is intended to interrupt under standard test conditions.

Irrigation Machine. An electrically driven or controlled machine, with one or more motors, not hand portable, and used primarily to transport and distribute water for agricultural purposes.

Isolated. (As applied to location.) Not readily accessible to persons unless special means for access are used.

Isolated Power System. A system comprising an isolating transformer or its equivalent, a line isolation monitor, and its ungrounded circuit conductors.

Labeled. Equipment is “labeled” if there is attached to it a label, symbol, or other identifying mark of a nationally recognized testing laboratory, that maintains periodic inspection of production of such equipment and by whose labeling is indicated compliance with nationally recognized standards or tests to determine safe usage in a specified manner.

Lighting Outlet. An outlet intended for the direct connection of a lampholder, a lighting fixture, or a pendant cord terminating in a lampholder.

Listed. Equipment or materials included in a list published by a nationally recognized testing laboratory that maintains periodic inspection of production of such equipment, and whose listing states either that the equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner.

Live Parts. Energized conductive components.

Location.

(A) Damp Location. Partially protected locations under canopies, marquees, roofed open porches, and like locations, and interior locations subject to moderate degrees of moisture, such as some basements, some barns, and some cold storage warehouses.

(B) Dry Location. A location not normally subject to dampness or wetness. A location classified as dry may be temporarily subject to dampness or wetness, as in the case of a building under construction.

(C) Wet Location. Installations underground or in concrete slabs or masonry in direct contact with the earth, and locations subject to saturation with water or other liquids, such as vehicle washing areas, and locations exposed to weather and unprotected.

Locking in the Open Position. The use of lockable devices, such as padlocks, combination locks or other positive methods or procedures which will effectively prevent unexpected or inadvertent energizing of a designated circuit, equipment or appliance.

Metal-Clad Cable (Type MC). A factory assembly of one or more insulated circuit conductors with or without optical fiber members enclosed in an armor of interlocking metal tape, or a smooth or corrugated metallic sheath.

Metal-Enclosed. Metal-enclosed, as an adjective, refers to electrical apparatus surrounded by a metal case or housing.

Mineral-Insulated Metal-Sheathed Cable (Type MI). Type MI, mineral-insulated metal-sheathed, cable is a factory assembly of one or more conductors insulated with a highly compressed refractory mineral insulation and enclosed in a liquidtight and gastight continuous copper or alloy steel sheath.

Mobile X-Ray. X-ray equipment mounted on a permanent base with wheels or casters or both for moving while completely assembled.

Motor Control Center. An assembly of one or more enclosed sections having a common power bus and principally containing motor control units.

Nonmetallic-Sheathed Cable (Types NM, NMC, and NMS). A factory assembly of two or more insulated conductors having an outer sheath of moisture resistant, flame-retardant, nonmetallic material.

Open Wiring. Uninsulated conductors or insulated conductors without grounded metallic sheaths or shields installed above ground, but not inside apparatus or wiring enclosures.

Open Wiring on Insulators. Open wiring on insulators is an exposed wiring method using cleats, knobs, tubes, and flexible tubing for the protection and support of single insulated conductors run in or on buildings, and not concealed by the building structure.

Outlet. A point on the wiring system at which current is taken to supply utilization equipment.

Outline Lighting. An arrangement of incandescent lamps or electric discharge lighting to outline or call attention to certain features such as the shape of a building or the decoration of a window.

Oven, Wall-Mounted. An oven for cooking purposes designed for mounting in or on a wall or other surface and consisting of one or more heating elements, internal wiring, and built-in or separately mountable controls. (See “Cooking Unit, Counter-Mounted.”)

Overcurrent. Any current in excess of the rated current of equipment or the ampacity of a conductor. It may result from overload, short circuit, or ground fault.

Overload. Operation of equipment in excess of normal, full-load rating, or of a conductor in excess of rated ampacity that, when it persists for a sufficient length of time, would cause damage or dangerous overheating. A fault, such as a short circuit or ground fault, is not an overload. (See Overcurrent.)

Panelboard. A single panel or group of panel units designed for assembly in the form of a single panel including buses, automatic overcurrent devices, and with or without switches for the control of light, heat, or power circuits; designed to be placed in a cabinet or cutout box placed in or against a wall or partition and accessible only from the front. (See “Switchboard.”)

Permanently Installed Decorative Fountains and Reflection Pools. Pools that are constructed in the ground, on the ground, or in a building in such a manner that the fountain or pool cannot be readily disassembled for storage, whether or not served by electrical circuits of any nature. These units are primarily constructed for their aesthetic value and are not intended for swimming or wading.

Permanently Installed Swimming, Wading, and Therapeutic Pools. Pools that are constructed in the ground or partially in the ground, and all other capable of holding water in a depth greater than 42 in. (1.07 m). The definition also applies to all pools installed inside of a building, regardless of water depth, whether or not served by electric circuits of any nature.

Portable X-Ray. X-ray equipment designed to be hand-carried.

Power and Control Tray Cable (Type TC). A factory assembly of two or more insulated conductors, with or without associated bare or covered grounding conductors under a nonmetallic sheath, approved for installation in cable trays, in raceways, or where supported by a messenger wire.

Power-Limited Tray Cable (Type PLTC). A factory assembly of two or more insulated conductors under a nonmetallic jacket.

Power Outlet. An enclosed assembly which may include receptacles, circuit breakers, fuseholders, fused switches, buses and watt-hour meter mounting means; intended to supply and control power to mobile homes, recreational vehicles or boats, or to serve as a means for distributing power required to operate mobile or temporarily installed equipment.

Premises Wiring (Premises Wiring System). That interior and exterior wiring, including power, lighting, control, and signal circuit wiring together with all of its associated hardware, fittings, and wiring devices; both permanently and temporarily installed which extends from the service point of utility conductors or source of power (such as a battery, a solar photovoltaic system, or a generator, transformer, or converter) to the outlet(s). Such wiring does not include wiring internal to appliances, fixtures, motors, controllers, motor control centers, and similar equipment.

Pull Box. A box with a blank cover into which workers may reach but not enter which is inserted in one or more runs of raceway to facilitate pulling, joining, supporting, distributing or inspecting conductors. The term “pull box” includes but is not limited to: junction boxes, splice boxes, conductor support boxes, inspection boxes, and handholes.

Qualified Person. A person, designated by the employer, who has received training in and has demonstrated skills and knowledge in the construction and operation of electric equipment and installations and the hazards involved.

NOTES:

1. Whether an employee is considered to be a “qualified person” will depend upon various circumstances in the workplace. For example, it is possible for an individual to be considered “qualified” with regard to certain equipment in the workplace, but “unqualified” as to other equipment.

2. An employee who is undergoing on-the-job training and who, in the course of such training, has demonstrated an ability to perform duties safely at his or her level of training and who is under the direct supervision of a qualified person is considered to be a qualified person for the performance of those duties.

Raceway. An enclosed channel of metal or nonmetallic materials designed expressly for holding wires, cables, or busbars, with additional functions as permitted in these orders. Raceways include, but are not limited to rigid metal conduit, rigid nonmetallic conduit, intermediate metal conduit, liquid-tight flexible conduit, flexible metallic tubing, flexible metal conduit, electrical nonmetallic tubing, electrical metallic tubing, underfloor raceways, cellular concrete floor raceways, cellular metal floor raceways, surface raceways, wireways, and busways.

Rainproof. So constructed, protected, or treated as to prevent rain from interfering with successful operation of the apparatus.

Raintight. So constructed or protected that exposure to a beating rain will not result in the entrance of water.

Receptacle. A contact device installed at the outlet for the connection of an attachment plug. A single receptacle is a single contact device with no other contact device on the same yoke. A multiple receptacle is two or more contact devices on the same yoke.

Receptacle Outlet. An outlet where one or more receptacles are installed.

Remote-Control Circuit. Any electric circuit that controls any other circuit through a relay or an equivalent device.

Separately Derived System. A premises wiring system whose power is derived from a battery, a solar photovoltaic system, or from a generator, transformer, or converter windings and that has no direct electrical connection, including a solidly connected grounded circuit conductor, to supply conductors originating in another system.

Service. The conductors and equipment for delivering energy from the electricity supply system to the wiring system of the premises served.

Service Cable. Service conductors made up in the form of a cable.

Service Conductors. The conductors from the service point to the service disconnecting means.

Service Drop. The overhead service conductors from the last pole or other aerial support to and including the splices, if any, connecting to the service-entrance conductors at the building or other structure.

Service-Entrance Cable. A single conductor or multiconductor assembly provided with or without an overall covering, primarily used for services, and is of the following types:

(A) Type SE. Type SE, having a flame-retardant, moisture resistant covering; and

(B) Type USE. Type USE, identified for underground use, having a moisture-resistant covering, but not required to have a flame-retardant covering. Cabled, single-conductor, Type USE constructions recognized for underground use may have a bare copper conductor cabled with the assembly. Type USE single, parallel, or cable conductor assemblies recognized for underground use may have a bare copper concentric conductor applied. These constructions do not require an outer overall covering.

Service-Entrance Conductors, Overhead System. The service conductors between the terminals of the service equipment and a point usually outside the building, clear of building walls, where joined by tap or splice to the service drop.

Service-Entrance Conductors, Underground System. The service conductors between the terminals of the service equipment and the point of connection to the service lateral.

Service Equipment. The necessary equipment, usually consisting of one or more circuit breakers or switches and fuses, and their accessories, connected to the load end of service conductors to a building or other structure, or an otherwise designated area, and intended to constitute the main control and cutoff of the supply.

Service Point. The point of connection between the facilities of the serving utility and the premises wiring.

Service Lateral. The underground service conductors between the street main, including any risers at a pole or other structure or from transformers, and the first point of connection to the service-entrance conductors in a terminal box or meter or other enclosure with adequate space inside or outside the building wall. Where there is no terminal box, meter, or other enclosure with adequate space, the point of connection shall be considered to be the point of entrance of the service conductors into the building.

Service Raceway. The raceway that encloses the service-entrance conductors.

Shielded Nonmetallic-Sheathed Cable (Type SNM). A factory assembly of two or more insulated conductors in an extruded core of moisture-resistant, flame-resistant nonmetallic material, covered with an overlapping spiral metal tape and wire shield and jacketed with an extruded moisture-, flame-, oil-, corrosion-, fungus-, and sunlight-resistant nonmetallic material.

Show Window. Any window used or designed to be used for the display of goods or advertising material, whether it is fully or partly enclosed or entirely open at the rear and whether or not it has a platform raised higher than the street floor level.

Signaling Circuit. Any electric circuit that energizes signaling equipment.

Storable Swimming or Wading Pool. A pool that is constructed on or above the ground and is capable of holding water to a maximum depth of 42 in. (1.07 m), or a pool with nonmetallic, molded polymeric walls or inflatable fabric walls regardless of dimension.

Suitable. Capable of performing with safety the particular function specified in these Orders.

Switches.

(A) General-Use Switch. A switch intended for use in general distribution and branch circuits. It is rated in amperes, and it is capable of interrupting its rated current at its rated voltage.

(B) General-Use Snap Switch. A form of general-use switch so constructed that it can be installed in device boxes or on box covers, or otherwise used in conjunction with wiring systems recognized by this Order.

(C) Isolating Switch. A switch intended for isolating an electric circuit from the source of power. It has no interrupting rating, and it is intended to be operated only after the circuit has been opened by some other means.

(D) Motor Circuit Switch. A switch, rated in horsepower, capable of interrupting the maximum operating overload current of a motor of the same horsepower rating as the switch at the rated voltage.

Switchboard. A large single panel, frame, or assembly of panels on which are mounted, on the face or back or both, switches, overcurrent and other protective devices, buses, and usually instruments. Switchboards are generally accessible from the rear as well as from the front and are not intended to be installed in cabinets. (See “Panelboard.”)

Thermal Cutout. An overcurrent protective device that contains a heater element in addition to and affecting a renewable fusible member which opens the circuit. It is not designed to interrupt short-circuit currents.

Thermally Protected. (As applied to motors.) The words “Thermally Protected” appearing on the nameplate of a motor or motor-compressor indicate that the motor is provided with a thermal protector.

Thermal Protector. An inherent overheating protective device which is responsive to temperature and/or current and which protects the equipment against overheating due to overload or failure to start.

Utilization Equipment. Equipment which utilizes electric energy for electronic, electromechanical, chemical, heating, lighting, or similar purposes.

Vehicle. A device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

Ventilated. Provided with a means to permit circulation of air sufficient to remove an excess of heat, fumes, or vapors.

Volatile Flammable Liquid. A flammable liquid having a flash point below 38oC (100oF) or a flammable liquid whose temperature is above its flash point, or a Class II combustible liquid having a vapor pressure not exceeding 276 kPa (40 psia) at 38oC (100oF) and whose temperature is above its flash point.

Voltage (Of A Circuit). The greatest root-mean-square (rms) (effective) difference of potential between any two conductors of the circuit concerned.

Some systems, such as 3-phase 4-wire, single-phase 3-wire, and 3-wire direct-current may have various circuits of various voltages.

Voltage, Nominal. A nominal value assigned to a circuit or system for the purpose of conveniently designating its voltage class (as 120/240 volts, 480Y/277 volts, 600 volts, etc.).

The actual voltage at which a circuit operates can vary from the nominal within a range that permits satisfactory operation of equipment. (See “Voltage Ratings for Electric Power Systems and Equipment (60 Hz),” ANSI C84.1-1977 and supplement C84.1a-1980.)

Voltage to Ground. For grounded circuits, the voltage between the given conductor and that point or conductor of the circuit that is grounded; for ungrounded circuits, the greatest voltage between the given conductor and any other conductor of the circuit.

Watertight. So constructed that moisture will not enter the enclosure.

Weatherproof. So constructed or protected that exposure to the weather will not interfere with successful operation.

Rainproof, raintight, or watertight equipment can fulfill the requirements for weatherproof, where varying weather conditions other than wetness, such as snow, ice, dust, or temperature extremes, are not a factor.

Wireways. Sheet-metal troughs with hinged or removable covers for housing and protecting electric wires and cable and in which conductors are laid in place after the wireway has been installed as a complete system.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 3-31-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Amendment of subsection (a) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

3. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No 6).

4. Editorial correction of subsection (a) and NOTE filed 11-2-83 (Register 83, No. 45).

5. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

6. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 2. Administration

§2305.1. Purpose.

Note • History

The purpose of these Electrical Safety Orders is to provide minimum safety requirements and assist in the elimination of accidents which may result from the operation, installation, removal, use and maintenance of electrical equipment and tools.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

3. Editorial correction filed 11-3-83 (Register 83, No. 45).

§2305.2. Application.

Note • History

(a) These Low-Voltage Electrical Safety Orders apply to all electrical installations and electrical equipment operating or intended to operate on systems of 600 volts, nominal, or less and to all work performed directly on or in proximity to such electrical installations, equipment or systems in all places of employment in the State of California as defined in Labor Code Section 6303.

(1) These Orders do not apply to:

(A) Installations or conductors and equipment in ships, watercraft, railway rolling stock, aircraft, or automotive vehicles other than mobile homes and recreational vehicles.

(B) Installations of conductors and equipment in vehicles, operating at less than 50 volts or to their ignition system, unless otherwise specified.

(C) Installations of conductors, equipment, and associated enclosures subject to the jurisdiction of the California Public Utilities Commission, that are owned, operated and maintained by an electric, communication or electric railway utility.

Exception: No. 1. These orders apply to conduit, vaults, and other like enclosures containing the conductors and equipment of such a utility when located indoors on premises not used exclusively for utility purposes, but do not apply to the utilities conductors and the equipment therein.

Exception: No. 2. Article 3, Work Procedures, apply to all work performed by electric utilities.

(b) Extent of application.

(1) Requirements applicable to all installations.

The following requirements apply to all electrical installations and utilization equipment, regardless of when they were designed or installed:

Sec. 2340.2 -- Examination, Installation, and Use of Equipment.

Sec. 2340.8 -- Insulation Integrity.

Sec. 2340.9 -- Interrupting Rating.

Sec. 2340.10 -- Circuit Impedance and Other Characteristics.

Sec. 2340.11 -- Deteriorating Agents.

Sec. 2340.12 -- Mechanical Execution of Work.

Sec. 2340.13 -- Mounting and Cooling of Equipment.

Sec. 2340.14(c) -- Electrical Connections -- Splices.

Sec. 2340.17 -- Guarding of Energized Parts.

Sec. 2340.18 -- Arcing Parts.

Sec. 2340.21 -- Marking.

Sec. 2340.22(a)-(d) -- Identification of Equipment.

Sec. 2350.2 -- Use and Identification of Grounded and Grounding Conductors -- General.

Sec. 2390.1 -- Overcurrent Protection -- General.

Sec. 2390.24 -- Location.

Sec. 2390.41 -- Arcing or Suddenly Moving Parts.

Sec. 2395.3(a) -- Grounding -- Direct Current Systems.

Sec. 2395.5 -- Grounding -- Alternating-Current -- Circuits and Systems to Be Grounded.

Sec. 2395.23 -- Grounding Connections.

Sec. 2395.42(a)-(d) -- Equipment Fastened in Place or Connected by Permanent Wiring Methods (Fixed).

Sec. 2395.44 -- Nonelectrical Equipment.

Sec. 2395.45 -- Equipment Connected by Cord and Plug (without exceptions).

Sec. 2395.51 -- Effective Grounding.

Sec. 2395.57 -- Equipment Fastened in Place or Connected by Permanent Wiring Methods (Fixed)--Grounding.

Sec. 2500.7 -- Flexible Cords and Cables -- Uses Permitted.

Sec. 2500.8 -- Flexible Cords and Cables -- Uses Not Permitted.

Sec. 2500.9 -- Splices.

Sec. 2500.10 -- Pull at Joints and Terminals.

Sec. 2500.11 -- In Show Windows and Show Cases.

Article 59. Hazardous (Classified) Locations -- except as specified in Section 2540.2(a) Documentation.

(2) Requirements applicable to installations made after March 15, 1972.

Every electrical installation and all utilization equipment installed or overhauled after March 15, 1972, shall comply with the provisions of these Safety Orders, except as noted in Sections 2305.2(b)(3) and (b)(4) of this Article.

(3) Requirements applicable only to installations made after April 16, 1981. The following requirements apply only to electrical installations and utilization equipment installed after April 16, 1981:

Sec. 2390.81(b) -- Circuit Breakers.

Sec. 2390.81(c) -- Circuit Breakers.

Sec. 2562.6 -- Elevators, Dumbwaiters, Escalators, Moving Walks, Wheelchair Lifts, and Stairway Chair Lifts -- Interconnection Between Multicar Controllers.

Article 78 -- Electrically Driven or Controlled Irrigation Machines

Sec. 2569.51 -- Fountains.

Sec. 2585.2 -- Class 1, Class 2, and Class 3 remote control, signaling, and power-limited circuits-Marking.

Article 86 -- Fire Alarm Systems

(4) Requirements applicable only to installations made after May 5, 2008.

The following requirements apply only to electrical installations and utilization equipment installed after May 5, 2008:

Sec. 2340.16(d)(1) -- Work Space About Electric Equipment.

Sec. 2340.16(g) -- Work Space About Electric Equipment.

Sec. 2340.22(e) -- Identification of Equipment -- Capable of Accepting a Lock.

Sec. 2340.22(f) -- Identification of Equipment -- Marking for Series Combination Ratings.

Sec. 2360.1 -- Identification of Multiwire Branch Circuits.

Sec. 2360.3 -- Ground-Fault Circuit Interrupter Protection for Personnel--General Industry.

Sec. 2395.6 -- Portable and Vehicle-Mounted Generators.

Sec. 2480.7(b) -- Connection of Switches.

Sec. 2480.9(b) -- Snap Switches.

Sec. 2560.2(c) -- Electric Signs and Outline Lighting--Disconnecting Means.

Sec. 2562.2(c) -- Elevators, Dumbwaiters, Escalators, Moving Walks, Wheelchair Lifts, and Stairway Chair Lifts -- Disconnecting Means -- Operation.

Sec. 2562.2(d) -- Elevators, Dumbwaiters, Escalators, Moving Walks, Wheelchair Lifts, and Stairway Chair Lifts -- Disconnecting Means -- Location.

Sec. 2562.3 -- Identification and Signs.

Sec. 2562.4 -- Single-Car and Multi-Car Installations.

2569.5(c) -- Swimming Pools, Fountains, and Similar Installations -- Receptacles.

Sec. 2571.30 -- Emergency Power Systems -- Signs.

Article 84. Carnivals, Circuses, Fairs, and Similar Events

Sec. 2585.3 -- Class 1, Class 2, and Class 3 Remote Control, Signaling, and Power-Limited Circuits -- Separation From Conductors of Other Circuits.

Article 88. Solar Photovoltaic Systems

(c) Regulations herein which may affect Building Standards apply to all building, or building alteration, or building modification for which construction is commenced after the effective date of the regulations. Date of commencement of construction for the purpose of this Section, shall be:

(1) The advertising date for invitation of bids for State and local government projects;

(2) The building construction permit issuance date for other than government projects.

(d) For installation requirements not specifically contained herein, installations in compliance with CCR, Title 24, Part 3, California Electrical Code, in effect at the time of construction, will be considered as complying with the intent of these orders.

(e) Nothing contained in these regulations shall be considered as abrogating the provisions relating to public safety of any ordinance, rule or regulation of any governmental agency, providing such local ordinance, rule or regulation does not lessen the provisions for safety contained in these regulations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new subsections (a) and (d) filed 3-31-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Editorial correction of subsections (a), (c) and NOTE filed 11-2-83 (Register 83, No. 45).

3. Amendment of subsections (a) and (d) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

5. Amendment of subsection (b)(4) filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).

§2305.3. Variances.

Note • History

(a) Any employer may apply to the Division for a temporary order granting a variance from an occupational safety and health standard. Such temporary order shall be granted only if the employer files an application which meets the requirements of Section 6450 through 6457, inclusive, of the California Labor Code.

(b) Any employer may apply to the Occupational Safety and Health Standards Board for a permanent variance from an occupational safety and health standard, order, special order, or portion thereof upon a showing of an alternative program, method, practice, means, device or process which will provide equal or superior safety for employees. Such application shall conform to the requirements of the California Administrative Code, Title 8, Chapter 3.5.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of section heading filed 11-3-83 (Register 83, No. 45).

§2305.4. Approvals.

Note • History

The conductors and equipment required or permitted by these orders shall be acceptable only if approved.

(a) When the term “approved” is used in these orders, it shall refer to products, materials, devices, systems, or installations that have been approved, listed, labeled, or certified as conforming to applicable governmental or other nationally recognized standards, or applicable scientific principles. The approval, listing, labeling, or certification of conformity, shall be based upon an evaluation performed by a nationally recognized testing laboratory recognized pursuant to 29 CFR §1910.7, which is incorporated by reference; or by a person, firm, or entity with appropriate registered engineering competence or by a person, firm, or entity, independent of the manufacturer or supplier of the product, with demonstrated competence in the field of such evaluation.

Exception: Where written approval by the Division is required in these orders.

(b) The Division may require proof in addition to that under (a) that the products, materials, devices, systems, or installations will provide reasonable safety under the conditions of use.

(c) When these orders require an approval of products, materials, devices, systems, or installations and that approval is not available under (a), it will be necessary to submit to the Division engineering calculations, stress analyses, and other data for each design, model, or make for which an approval is requested. The Division will then approve or disapprove the product, material, device, system, or installation as submitted or under specified conditions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of first paragraph, subsection (a) and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 3. Work Procedures

§2320.1. General.

Note • History

(a) Only qualified persons shall work on electrical equipment or systems.

(b) Only qualified persons shall be permitted to perform any function in proximity to energized overhead conductors unless means to prevent accidental contact have been provided in accordance with Articles 3 and 4 of these orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 3 (Sections 2320.1-2320.4) and new Article 3 (Sections 2320.1-2320.9) filed 3-31-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of subsection (b) filed 3-3-99; operative 4-2-99 (Register 99, No. 10).

§2320.2. Energized Equipment or Systems.

Note • History

(a) Work shall not be performed on exposed energized parts of equipment or systems until the following conditions are met:

(1) Responsible supervision has determined that the work is to be performed while the equipment or systems are energized.

(2) Involved personnel have received instructions on the work techniques and hazards involved in working on energized equipment.

(3) Suitable personal protective equipment and safeguards (i.e., approved insulated gloves or insulated tools) are provided and used.

Exception: The use of approved insulating gloves or insulated tools or other protective measures are not required when working on exposed parts of equipment or systems energized at less than 50 volts provided a conclusive determination has been made prior to the start of work by a qualified person that there will be no employee exposure to electrical shock, electrical burns, explosion or hazards due to electric arcs.

(A) Rubber insulating gloves shall meet the provisions of the American Society for Testing Materials (ASTM) D 120-02a, Standard Specification for Rubber Insulating Gloves, and be maintained in accordance with ASTM F 496-02a, Standard Specification for In-Service Care of Insulating Gloves and Sleeves, which are hereby incorporated by reference.

Note: The ASTM F 496-02a standard contains provisions regarding the care, inspection, testing and use of insulating gloves and sleeves. Among other requirements, this standard provides that electrical retests shall not exceed 6 months for insulating gloves and 12 months for insulating sleeves and that insulating gloves and sleeves that have been electrically tested but not issued for service shall not be placed into service unless they have been electrically tested within the previous twelve months.

(B) Insulated tools shall meet the provisions of the American Society for Testing Materials (ASTM) F 1505-01, Standard Specification for Insulated and Insulating Hand Tools, which is hereby incorporated by reference.

(4) Approved insulated gloves shall be worn for voltages in excess of 250 volts to ground.

(5) Suitable barriers or approved insulating material shall be provided and used to prevent accidental contact with energized parts.

(6) Suitable eye protection has been provided and is used.

(7) Where required for personnel protection, suitable barricades, tags, or signs are in place.

(8) Each employee who is exposed to the hazards of flames or electric arcs wears apparel that, when exposed to flames or electric arcs, does not increase the extent of injury that would be sustained by the employee. This subsection prohibits clothing made from the following types of fabrics, either alone or in blends, unless the employee can demonstrate that the fabric has been treated with flame retardant: acetate, nylon, polyester, and rayon.

(b) After the required work on an energized system or equipment has been completed, an authorized person shall be responsible for:

(1) Removing from the work area any temporary personnel protective equipment, and

(2) Reinstalling all permanent barriers or covers.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (a)(3) filed 8-27-86; effective thirtieth day thereafter (Register 86. No. 37).

3. Amendment of subsection (a)(3), new subsection (a)(4), subsection renumbering, and amendment of newly designated subsection (a)(6) filed 1-16-2001; operative 2-15-2001 (Register 2001, No. 3).

4. New subsection (a)(7) filed 8-27-2001; operative 9-26-2001 (Register 2001, No. 35).

5. Amendment filed 4-22-2002; operative 5-22-2002 (Register 2002, No. 17).

6. Amendment of subsections (a)(3)-(a)(3)(B) filed 10-9-2007; operative 11-8-2007 (Register 2007, No. 41).

§2320.3. Tests.

Note • History

All electrical equipment and systems shall be treated as energized as required by Section 2320.2 until tested or otherwise proven to be de- energized.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2320.4. De-Energized Equipment or Systems.

Note • History

(a) An authorized person shall be responsible for the following before working on de-energized electrical equipment or systems unless the equipment is physically removed from the wiring system:

(1) Notifying all involved personnel.

(2) Locking the disconnecting means in the “open” position with the use of lockable devices, such as padlocks, combination locks or disconnecting of the conductor(s) or other positive methods or procedures which will effectively prevent unexpected or inadvertent energizing of a designated circuit, equipment or appliance.

Note: See also Section 3314 of the General Industry Safety Orders (GISO) for lock-out requirements pertaining to the cleaning, repairing, servicing and adjusting of prime movers, machinery and equipment.

Exception: Locking is not required under the following conditions:

(A) Where tagging procedures are used as specified in subsection (a)(3), and

(B) Where the disconnecting means is accessible only to personnel instructed in these tagging procedures.

(3) Tagging the disconnecting means with suitable accident prevention tags conforming to the provisions of Section 2320.6 and GISO Section 3314(e).

(4) Effectively blocking the operation or dissipating the energy of all stored energy devices which present a hazard, such as capacitors or pneumatic, spring-loaded and like mechanisms.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction (Register 79, No. 15).

2. Amendment of subsection (a)(4) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment filed 3-3-99; operative 4-2-99 (Register 99, No. 10).

4. Change without regulatory effect amending subsection (a)(3) filed 4-17-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 16).

§2320.5. Energizing (or Re-Energizing) Equipment or Systems.

Note • History

(a) An authorized person shall be responsible for the following before energizing equipment or systems which have been de-energized:

(1) Determining that all persons are clear from hazards which might result from the equipment or systems being energized.

(2) Removing locking devices and tags.

(A) Locking devices and tags may be removed only by the employee who placed them. Locking devices and tags shall be removed upon completion of the work and after the installation of the protective guards and/or safety interlock systems.

Exception: When the employee has left the premises or is otherwise unavailable, other persons may be authorized by the employer to remove the locking devices and tags in accordance with a procedure determined by the employer.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (a) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2320.6. Accident Prevention Tags.

Note • History

(a) Suitable accident prevention tags shall be used to control a specific hazard. Such tags shall provide the following minimum information:

(1) Reason for placing tag.

(2) Name of person placing the tag and how that person may be contacted.

(3) Date tag was placed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (a)(1) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2320.7. Safety Precautions.

Note • History

(a) Suitable temporary barriers, or barricades, shall be installed when access to opened enclosures containing exposed energized electrical equipment is not under the control of an authorized person.

(b) Conductive measuring tapes, ropes or similar measuring devices shall not be used when working on or near exposed energized conductors or parts of equipment.

(c) Conductive fish tapes shall not be used in raceways entering enclosures containing exposed energized parts unless such parts are isolated by suitable barriers.

(d) Prior to climbing poles or other elevated structures supporting overhead electrical lines or equipment, an inspection shall be made to assure that such poles or structures are in safe condition for the work to be performed. Where poles or structures are determined to be unsafe for climbing, they shall not be climbed until made safe by guying, bracing or other adequate means.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of section heading and new subsection (d) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2320.8. Fall Protection.

Note • History

(a) Fall Protection. When work is performed at elevated locations more than 4 feet (1.2 meters) above the ground on poles, towers or similar structures, the employer shall require the employees to use either fall arrest equipment, work positioning equipment, or travel restricting equipment, if other fall protection methods have not been provided (e.g., guardrails, safety nets, etc.). The use of body belts for fall arrest systems is prohibited.

Exception: Point to point travel by a qualified person, unless conditions such as ice, high winds, design of the structure, or other condition (e.g., chemical contaminants) prevents the employee from gaining a firm hand or foothold while traveling.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 9-10-99; operative 10-10-99 (Register 99, No. 37). For prior history see Register 86, No. 37.

§2320.9. Backfeeding or Interconnection.

Note • History

No electrical power source, permanent or temporary, shall be connected to a premises wiring system, or parts of such a system, unless positive means are used to prevent the transmission of electricity beyond the premises wiring system, or beyond any intentionally segregated parts of such system.

Exception: When an interconnection has been authorized by the servicing utility.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2320.10. Medical Services and First Aid -- Additional Requirements for Power Generation, Transmission and Distribution.

Note • History

(a) Application. This section applies to:

(1) Power generation, transmission, and distribution installations, including, but not limited to, related equipment for the purpose of communication or metering, which are accessible only to qualified employees.

The types of installations covered by this section include the generation, transmission, and distribution installations of electric utilities, as well as equivalent installations of industrial establishments. Supplementary electric generating equipment that is used to supply a workplace for emergency, standby, or similar purposes only is covered under other parts of these Orders.

(2) Other installations at an electric power generating station, as follows:

a. Fuel and ash handling and processing installations, such as coal conveyors,

b. Water and steam installations, such as penstocks, pipelines, and tanks, providing a source of energy for electric generators, and

c. Chlorine and hydrogen systems.

(3) Test sites where electrical testing involving temporary measurements associated with electric power generation, transmission, and distribution is performed in laboratories, in the field, in substations, and on lines, as opposed to metering, relaying, and routine line work.

(4) Work on, or directly associated with, the installations covered in subsections (a)(1) through (a)(3) and

(5) Line-clearance tree-trimming operations.

NOTE: See High-Voltage Electrical Safety Orders, Article 38, for additional requirements for line-clearance tree-trimming operations.

(b) This Section 2320.10 does not apply to:

(1) Construction work.

(2) Electrical installations other than power generation, transmission and distribution.

(3) Electric utilization systems.

(4) Premises wiring.

(c) The employer shall provide medical services and first aid as required in General Industry Safety Orders, Section 3400. In addition to the requirements of Section 3400, the following requirements also apply:

(1) Cardiopulmonary resuscitation and first aid training. When employees are performing work on or associated with exposed lines or equipment energized at 50 volts or more, persons trained in first aid including cardiopulmonary resuscitation (CPR) shall be available as follows:

a. For field work involving two or more employees at a work location, at least two trained persons shall be available.

Exception: Only one trained person need be available if all new employees are trained in first aid, including CPR, within 3 months of their hiring dates.

b. For fixed work locations such as generating stations, the number of trained persons available shall be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person.

Exception: Where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), all employees at the work location shall be trained.

(2) First aid supplies. First aid supplies required by Section 3400(c) shall be placed in weatherproof containers if the supplies could be exposed to the weather.

(3) First aid kits. Each first aid kit shall be maintained, shall be readily available for use, and shall be inspected frequently enough to ensure that expended items are replaced but at least once per year.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-27-2011; operative 10-27-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2011, No. 43).

2. Amendment of section heading and section filed 9-5-2012; operative 10-5-2012 (Register 2012, No. 36).

Article 4. Requirements for Electrical Installations

GENERAL

§2340.1. Maintenance.

Note • History

Electrical equipment shall be maintained free from recognized hazards that are likely to cause death or serious physical harm to employees.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2340.2. Examination, Installation, and Use of Equipment.

Note • History

(a) Examination. Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees. Safety of equipment shall be determined using the following considerations:

(1) Suitability for installation and use in conformity with the provisions of these Orders;

NOTE to subsection (a)(1): Suitability of equipment for an identified purpose may be evidenced by listing or labeling for that identified purpose.

(2) Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection thus provided;

(3) Wire-bending and connection space;

(4) Electrical insulation;

(5) Heating effects under all conditions of use;

(6) Arcing effects;

(7) Classification by type, size, voltage, current capacity, and specific use; and

(8) Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment.

(b) Installation and use. Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.5. Conductors.

Note • History

(a) Insulation. All conductors used for general wiring shall be insulated unless otherwise permitted in these safety orders.

(b) Type. The conductor insulation shall be of a type that is approved for the voltage, operating temperature, and location of use.

(c) Distinguishable. Insulated conductors shall be distinguishable by appropriate color or other suitable means as being grounded conductors, ungrounded conductors, or equipment grounding conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history, see Register 79, No. 12.

§2340.8. Insulation Integrity.

Note • History

Completed wiring installations shall be free from short circuits and from grounds other than those required or permitted by these Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history, see Register 79, No. 12.

§2340.9. Interrupting Rating.

Note • History

(a) Equipment intended to interrupt current at fault levels shall have an interrupting rating sufficient for the nominal circuit voltage and the current which is available at the line terminals of the equipment.

(b) Equipment intended to interrupt current at other than fault levels shall have an interrupting rating at nominal circuit voltage sufficient for the current that must be interrupted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.10. Circuit Impedance and Other Characteristics.

Note • History

The overcurrent protective devices, the total impedance, the component short-circuit current ratings, and other characteristics of the circuit to be protected shall be selected and coordinated to permit the circuit protective devices used to clear a fault to do so without the occurrence of extensive damage to the electrical components of the circuit. This fault shall be assumed to be either between two or more of the circuit conductors, or between any circuit conductor and the grounding conductor or enclosing metal raceway.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history, see Register 79, No. 12.

§2340.11. Deteriorating Agents.

Note • History

(a) Unless approved for the purpose, no conductors or equipment shall be located:

(1) In damp or wet locations.

(2) Where exposed to gases, fumes, vapors, liquids, or other agents that have a deteriorating effect on the conductors or equipment.

(3) Where exposed to excessive temperatures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsections (b) and (c) filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.12. Mechanical Execution of Work.

Note • History

Electric equipment shall be installed in a neat and workmanlike manner.

(a) Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings shall be effectively closed to afford protection substantially equivalent to the wall of the equipment.

(b) Conductors shall be racked to provide ready and safe access in underground and subsurface enclosures that persons enter for installation and maintenance.

(c) Internal parts of electrical equipment, including busbars, wiring terminals, insulators, and other surfaces, shall not be damaged or contaminated by foreign materials such as paint, plaster, cleaners, abrasives, or corrosive residues.

(d) There shall be no damaged parts that may adversely affect safe operation or mechanical strength of the equipment, such as parts that are broken, bent, cut, or deteriorated by corrosion, chemical action, or overheating.

NOTE

Authority cited: Section 142.3, Labor Code. Reference Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history, see Register 79, No. 12.

§2340.13. Mounting and Cooling of Equipment.

Note • History

(a) Mounting. Electric equipment shall be firmly secured to the surface on which it is mounted.

NOTE: Wooden plugs driven into holes in masonry, concrete, plaster, or similar materials are not considered secure means of fastening electric equipment

(b) Electric equipment that depends on the natural circulation of air and convection principles for cooling of exposed surfaces shall be installed so that room airflow over such surfaces is not prevented by walls or by adjacent installed equipment. For equipment designed for floor mounting, clearance between top surfaces and adjacent surfaces shall be provided to dissipate rising warm air.

(c) Cooling. Electrical equipment provided with ventilating openings shall be installed and maintained so that free circulation of air through the equipment is not obstructed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (b) filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.14. Electrical Connections.

Note • History

(a) General. Because of different characteristics of dissimilar metals:

(1) Devices such as pressure terminal or pressure splicing connectors and soldering lugs shall be identified for the material of the conductor and shall be properly installed and used;

(2) Conductors of dissimilar metals may not be intermixed in a terminal or splicing connector where physical contact occurs between dissimilar conductors (such as copper and aluminum, copper and copper-clad aluminum, or aluminum and copper-clad aluminum) unless the device is identified for the purpose and conditions of use; and

(3) Materials such as solder, fluxes, inhibitors, and compounds, where employed, shall be suitable for the use and shall be of a type that will not adversely affect the conductors, installation, or equipment.

(b) Terminals.

(1) Connection of conductors to terminal parts shall ensure a good connection without damaging the conductors and shall be made by means of pressure connectors (including set-screw type), solder lugs, or splices to flexible leads. However, No. 10 or smaller conductors may be connected by means of wire binding screws or studs and nuts having upturned lugs or equivalent.

(2) Terminals for more than one conductor and terminals used to connect aluminum shall be so identified.

(1) Conductors shall be spliced or joined with splicing devices identified for the use or by brazing, welding, or soldering with a fusible metal or alloy. Soldered splices shall first be spliced or joined to be mechanically and electrically secure without solder and then soldered. All splices and joints and the free ends of conductors shall be covered with an insulation equivalent to that of the conductors or with an insulating device identified for the purpose.

(2) Wire connectors or splicing means installed on conductors for direct burial shall be listed for such use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history, see Register 79, No. 12.

§2340.16. Work Space About Electric Equipment.

Note • History

(a) Space about electric equipment.

Sufficient access and working space shall be provided and maintained about all electric equipment to permit ready and safe operation and maintenance of such equipment.

(b) Work Space. Working space for equipment likely to require examination, adjustment, servicing, or maintenance while energized shall comply with the following dimensions, except as required or permitted elsewhere in these Orders.

(1) Depth. The depth of the working space in the direction of access to live parts shall not be less than indicated in Table 2340.16 unless permitted elsewhere in these orders.

Distances shall be measured from the live parts if they are exposed or from the enclosure front or opening if they are enclosed.

(2) Width. In addition to the dimensions of depth shown in Table 2340.16, the width of the workspace in front of the electric equipment shall not be less than the width of the equipment or 30 inches, whichever is greater.

In all cases, the workspace shall be adequate to permit at least a 90 degree opening of equipment doors or hinged panels.

(3) Height. The work space shall be clear and extend from the grade, floor, or platform to the height required by subsection (f) of this section. However, other equipment associated with the electrical installation and located above or below the electric equipment may extend not more than 6 in. (153 mm) beyond the front of the electric equipment.

Table 2340.16. Minimum Depth of Clear Working Space at

Electrical Equipment, 600 V or Less

Embedded Graphic 08.0283

Notes to Table 2340.16:

Where the “Conditions” are as follows:

Condition 1--Exposed live parts on one side and no live or grounded parts on the other side of the working space, or exposed live parts on both sides effectively guarded by suitable wood or other insulating materials. Insulated wire or insulated busbars operating at 300 volts or less shall not be considered live parts.

Condition 2--Exposed live parts on one side and grounded parts on the other side. Concrete, brick, or tile surfaces shall be considered as grounded surfaces.

Condition 3--Exposed live parts on both sides of the work space (not guarded as provided in Condition (1)) with the operator between.

EXCEPTIONS:

*1. Minimum clear distances may be 2.5 ft. (0.7 m) for installations built before April 16, 1981.

2. Working space is not required in back of assemblies such as dead-front switchboards or motor control centers where there are no renewable or adjustable parts (such as fuses or switches) on the back and where all connections are accessible from locations other than the back.

3. Where rear access is required to work on deenergized parts on the back of enclosed equipment, a minimum working space of 30 in. (762 mm) horizontally shall be provided.

(c) Clear Spaces. Working space required by this section shall not be used for storage. When normally enclosed live parts are exposed for inspection or servicing, the working space, if in a passageway or general open space, shall be suitably guarded.

(d) Entrance and Access to Workspace. At least one entrance of sufficient area shall be provided to give access to the working space about electric equipment.

(1) For equipment rated 1,200 amperes or more and over 6 feet (1.83 m) wide, containing overcurrent devices, switching devices, or control devices, there shall be one entrance not less than 24 inches (610 mm) wide and 6 feet 6 inches (1.98 m) high at each end of the workspace, except that:

(A) Where the location permits a continuous and unobstructed way of exit travel, one means of exit is permitted; or

(B) Where the working space required by subsection (b) of this section is doubled, only one entrance to the working space is required; however, the entrance shall be located so that the edge of the entrance nearest the equipment is the minimum clear distance given in Table 2340.16 away from such equipment.

(2) Attics, furred ceilings and underfloor spaces shall have minimum unobstructed access openings of 22 inches by 30 inches.

(e) Illumination. Portable or fixed illumination, suitable for the nature of the work being performed, shall be provided when working on electrical equipment. The light fixtures and their control points shall be so arranged that persons operating light switches, replacing lamps or making repairs on the lighting system will not be endangered by energized parts of other equipment.

Exception: Additional lighting fixtures are not required where the working space is illuminated by an adjacent light source. In electric equipment rooms, the illumination may not be controlled by automatic means only.

(f) Headroom. The minimum headroom of working space about service equipment, switchboards, panelboards and motor control centers, which require manual operation or where there are energized parts exposed at any time, shall be as follows:

(1) For installations built before May 5, 2008 6 feet 3 inches (1.91 m).

(2) For installations built on or after May 5, 2008 6 feet 6 inches (1.98 m), except that where the electrical equipment exceeds 6.5 feet (1.98 m) in height, the minimum headroom may not be less than the height of the equipment.

(g) For installations built on or after May 5, 2008, switchboards, panelboards, and distribution boards installed for the control of light and power circuits, and motor control centers shall be located in dedicated spaces and protected from damage.

(1) Indoor. For indoor installation, the dedicated space shall comply with the following:

(A) The space equal to the width and depth of the equipment and extending from the floor to a height of 6.0 feet (1.83 m) above the equipment or to the structural ceiling, whichever is lower, shall be dedicated to the electrical installation. Unless isolated from equipment by height or physical enclosures or covers that will afford adequate mechanical protection from vehicular traffic or accidental contact by unauthorized personnel or that complies with subsection (g)(1)(B) of this section, piping, ducts, or equipment foreign to the electrical installation shall not be located in this area;

(B) The space equal to the width and depth of the equipment shall be kept clear of foreign systems unless protection is provided to avoid damage from condensation, leaks, or breaks in such foreign systems. This area shall extend from the top of the electric equipment to the structural ceiling;

(D) Control equipment that by its very nature or because of other requirements in these Orders must be adjacent to or within sight of its operating machinery is permitted in the dedicated space.

NOTE to subsection (g)(1): A dropped, suspended, or similar ceiling that does not add strength to the building structure shall not be considered a structural ceiling.

(2) Outdoor. Outdoor electric equipment shall be installed in suitable enclosures and shall be protected from accidental contact by unauthorized personnel, or by vehicular traffic, or by accidental spillage or leakage from piping systems. No architectural appurtenance or other equipment may be located in the working space required by subsection (b) of this section.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Amendment of Table 2340.16 and Plate 2340.16(a)(1) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

3. Editorial correction filed 11-2-83 (Register 83, No. 45).

4. Editorial correction of Table 2340.16 filed 11-3-83 (Register 83, No. 45).

5. Amendment of Table 2340.16, subsections (c)-(f) and Plate 2340.16(a)(2) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

6. Amendment of section, repealer of Plate 2340.16(a)(2), and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

7. Amendment of subsection (b)(2), repealer of subsections (b)(2)(A)-(B) and amendment of subsection (b)(3) filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).

§2340.17. Guarding of Energized Parts.

Note • History

(a) Except as elsewhere required or permitted by these orders, energized parts of electric equipment operating at 50 volts or more shall be guarded against accidental contact by use of approved cabinets or other forms of approved enclosures or by any of the following means:

(1) By location in a room, vault, or similar enclosure that is accessible only to qualified persons.

(2) By suitable permanent, substantial partitions or screens so arranged that only qualified persons will have access to the space within reach of the energized parts. Any openings in such partitions or screens shall be so sized and located that persons are not likely to come into accidental contact with the energized parts or to bring conducting objects into contact with them.

(3) By location on a suitable balcony, gallery, or platform so elevated and otherwise located as to prevent access by unqualified persons; or

(4) By elevation of 8.0 feet (2.44 m) or more above the floor or other working surface.

(b) In locations where electric equipment is likely to be exposed to physical damage, enclosures or guards shall be so arranged and of such strength as to prevent such damage.

(c) Entrances to rooms and other guarded locations containing exposed live parts shall be marked with conspicuous warning signs forbidding unqualified persons to enter.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of subsection (a)(1) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.18. Arcing Parts.

Note • History

Parts of electric equipment which in ordinary operation produce arcs, sparks, flames, or molten metal shall be enclosed or separated and isolated from all combustible material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.21. Marking.

Note • History

(a) Identification of Manufacturer and Ratings.

Electric equipment shall not be used unless the following markings have been placed on the equipment:

(1) The manufacturer's name, trademark, or other descriptive marking by which the organization responsible for the product may be identified; and

(2) Other markings giving voltage, current, wattage, or other ratings.

(b) Durability. The marking shall be of sufficient durability to withstand the environment involved.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Repealer and new section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.22. Identification of Equipment.

Note • History

(a) Motors and Appliances.

Each disconnecting means required by this Safety Order for motors and appliances shall be legibly marked to indicate its purpose, unless located and arranged so the purpose is evident.

(b) Services, Feeders, and Branch Circuits. Each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, shall be legibly marked to indicate its purpose, unless located and arranged so the purpose is evident.

(d) Durability of Markings. The markings shall be of sufficient durability to withstand the environment involved.

(e) Capable of Accepting a Lock. Effective with installations made after May 5, 2008 disconnecting means required by these Orders shall be capable of being locked in the open position.

(f) Marking for Series Combination Ratings.

Effective with installations made after May 5, 2008:

(1) Where circuit breakers or fuses are applied in compliance with the series combination ratings marked on the equipment by the manufacturer, the equipment enclosures shall be legibly marked in the field to indicate that the equipment has been applied with a series combination rating.

(2) The marking required by subsection (f)(1) of this section shall be readily visible and shall state “Caution--Series Combination System Rated ---- Amperes. Identified Replacement Component Required.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

5. Change without regulatory effect amending subsection (f)(2) filed 5-7-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 19).

§2340.23. Openings. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-12-76 as procedural and organizational; effective upon filing (Register 76, No. 33).

2. Repealer and new section filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section see Registers 76, No. 33 and 75, No. 42.

3. Editorial correction filed 11-2-83 (Register 83, No. 45).

4. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

5. Repealer of section and amendment of NOTE filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2340.24. Discontinued Circuits.

Note • History

When a circuit is abandoned or discontinued, its conductors shall be removed from the raceways, or be maintained as if in use.

(Title 24, Part 3, Section 3-110-24.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 8-12-76 as procedural and organizational; effective upon filing (Register 76, No. 33).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2340.26. Mechanical Protection.

Note • History

In locations where electric equipment would be exposed to physical damage, enclosures or guards shall be so arranged and of such strength as to prevent such damage.

(Title 24, Part 3, Section 3-110-26.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2340.27. Location of Control and Protective Devices.

Note • History

All switches, circuit breakers, fuses and other control and protective devices shall be so located or arranged that they may be safely operated, removed or repaired.

(Title 24, Part 3, Section 3-110-27.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of section title filed 3-23-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 5. Use and Identification of Grounded and Grounding Conductors

§2350.2. General.

Note • History

(a) Identification of Conductors.

(1) A conductor used as a grounded conductor shall be identifiable and distinguishable from all other conductors.

(2) A conductor used as an equipment grounding conductor shall be identifiable and distinguishable from all other conductors.

(b) Polarity of Connections. No grounded or grounding conductor shall be attached to any terminal or lead so as to reverse designated polarity.

(c) Use of Grounding Terminals and Devices. A grounding terminal or grounding-type device on a receptacle, cord connector, or attachment plug shall not be used for purposes other than grounding.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new subsection (a) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of Title 24 cross reference filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of article heading, repealer and new section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2350.3. Connection to Grounded System. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2350.6. Means of Identifying Grounded Conductors. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2350.7. Use of White or Natural Gray Color. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2350.9. Means of Identification of Terminals. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2350.10. Identification of Terminals. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2350.11. Polarity of Connections. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Repealer of section and amendment of NOTE filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 6. Branch Circuits

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 6 (Sections 2360.1-2360.9, not consecutive) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32). For prior history, see Registers 76, No. 48 and 77, No. 34.

§2360.1. Identification of Multiwire Branch Circuits.

Note • History

For installations built on or after May 5, 2008 where more than one nominal voltage system exists in a building containing multiwire branch circuits, each ungrounded conductor of a multiwire branch circuit, where accessible, shall be identified by phase and system. The means of identification shall be permanently posted at each branch-circuit panelboard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 6 (sections 2360.1-2360.5) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history of article 6, see Register 79, No. 32.

§2360.2. Receptacles and Cord Connectors.

Note • History

(a) Receptacles installed on 15- and 20-ampere branch circuits shall be of the grounding type except as permitted for replacement receptacles in subsection (d) of this section. Grounding-type receptacles shall be installed only on circuits of the voltage class and current for which they are rated, except as provided in Table 2360.4(b)(2) and Table 2360.4(b)(3).

(b) Receptacles and cord connectors having grounding contacts shall have those contacts effectively grounded except for receptacles mounted on portable and vehicle-mounted generators in accordance with Section 2395.6 of these Orders and replacement receptacles installed in accordance with subsection (d) of this section.

(c) The grounding contacts of receptacles and cord connectors shall be grounded by connection to the equipment grounding conductor of the circuit supplying the receptacle or cord connector. The branch circuit wiring method shall include or provide an equipment grounding conductor to which the grounding contacts of the receptacle or cord connector shall be connected.

(d) Replacement of receptacles shall comply with the following requirements:

(1) Where a grounding means exists in the receptacle enclosure or a grounding conductor is installed, grounding-type receptacles shall be used and shall be connected to the grounding means or conductor;

(2) Ground-fault circuit-interrupter protected receptacles shall be provided where replacements are made at receptacle outlets that are required to be so protected elsewhere in these Orders; and

(3) Where a grounding means does not exist in the receptacle enclosure, the installation shall comply with one of the following provisions:

(A) A nongrounding-type receptacle may be replaced with another nongrounding-type receptacle; or

(B) A nongrounding-type receptacle may be replaced with a ground-fault circuit-interrupter-type of receptacle that is marked “No Equipment Ground;” an equipment grounding conductor shall not be connected from the ground-fault circuit-interrupter-type receptacle to any outlet supplied from the ground-fault circuit-interrupter receptacle; or

(C) A nongrounding-type receptacle may be replaced with a grounding-type receptacle where supplied through a ground-fault circuit-interrupter; the replacement receptacle shall be marked “GFCI Protected” and “No Equipment Ground;” an equipment grounding conductor shall not be connected to such grounding-type receptacles.

(e) Receptacles connected to circuits having different voltages, frequencies, or types of current (ac or dc) on the same premises shall be of such design that the attachment plugs used on these circuits are not interchangeable.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2360.3. Ground-Fault Circuit Interrupter Protection for Personnel -- General Industry.

Note • History

(a) All 120-volt (nominal), single-phase, 15- and 20-ampere receptacles installed in bathrooms or on rooftops shall have ground-fault circuit-interrupter protection for personnel.

(b) The following requirements apply to temporary wiring installations that are used during maintenance, remodeling, or repair of buildings, structures, or equipment or during similar activities.

(1) All 120-volt (nominal), single-phase, 15-, 20-, and 30-ampere receptacle outlets that are not part of the permanent wiring of the building or structure and that are in use by personnel shall have ground-fault circuit-interrupter protection for personnel.

NOTE 1 to subsection (b)(1): A cord connector on an extension cord set is considered to be a receptacle outlet if the cord set is used for temporary electric power.

NOTE 2 to subsection (b)(1): Cord sets and devices incorporating the required ground-fault circuit-interrupter that are connected to the receptacle closest to the source of power are acceptable forms of protection.

(2) Receptacles other than 120 volt (nominal), single-phase, 15-, 20-, and 30-ampere receptacles that are not part of the permanent wiring of the building or structure and that are in use by personnel shall have ground-fault circuit-interrupter protection for personnel.

(3) Where the ground-fault circuit-interrupter protection required by subsection (b)(2) of this section is not available for receptacles other than 120-volt (nominal), single-phase, 15-, 20-, and 30-ampere, the employer shall establish and implement an assured equipment grounding conductor program covering cord sets, receptacles that are not a part of the building or structure, and equipment connected by cord and plug that are available for use or used by employees on those receptacles. This program shall comply with the following requirements:

(A) A written description of the program, including the specific procedures adopted by the employer, shall be available at the jobsite for inspection and copying by the Division of Occupational Safety and Health and any affected employee;

(B) The employer shall designate one or more qualified persons as defined in Section 2300 to implement the program;

(C) Each cord set, attachment cap, plug, and receptacle of cord sets, and any equipment connected by cord and plug, except cord sets and receptacles which are fixed and not exposed to damage, shall be visually inspected before each day's use for external defects, such as deformed or missing pins or insulation damage, and for indications of possible internal damage. Equipment found damaged or defective shall not be used until repaired;

(D) The following tests shall be performed on all cord sets and receptacles which are not a part of the permanent wiring of the building or structure, and cord- and plug-connected equipment required to be grounded:

1. All equipment grounding conductors shall be tested for continuity and shall be electrically continuous;

2. Each receptacle and attachment cap or plug shall be tested for correct attachment of the equipment grounding conductor. The equipment grounding conductor shall be connected to its proper terminal; and

3. All required tests shall be performed before first use; before equipment is returned to service following any repairs; before equipment is used after any incident which can be reasonably suspected to have caused damage (for example, when a cord set is run over); and at intervals not to exceed 3 months, except that cord sets and receptacles which are fixed and not exposed to damage shall be tested at intervals not exceeding 6 months;

(E) The employer shall not make available or permit the use by employees of any equipment which has not met the requirements of subsection (b)(3) of this section; and

(F) Tests performed as required in subsection (b)(3) of this section shall be recorded. This test record shall identify each receptacle, cord set, and cord- and plug-connected equipment that passed the test and shall indicate the last date it was tested or the interval for which it was tested. This record shall be kept by means of logs, color coding, or other effective means and shall be maintained until replaced by a more current record. The record shall be made available on the jobsite for inspection by the Division and any affected employee.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

2. Amendment of subsection (b) filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).

§2360.4. Outlet Devices.

Note • History

Outlet devices shall have an ampere rating not less than the load to be served and shall comply with the following provisions:

(a) Where connected to a branch circuit having a rating in excess of 20 amperes, lampholders shall be of the heavy-duty type. A heavy-duty lampholder shall have a rating of not less than 660 watts if of the admedium type and not less than 750 watts if of any other type; and

(b) Receptacle outlets shall comply with the following provisions:

(1) A single receptacle installed on an individual branch circuit shall have an ampere rating of not less than that of the branch circuit;

(2) Where connected to a branch circuit supplying two or more receptacles or outlets, a receptacle may not supply a total cord- and plug-connected load in excess of the maximum specified in Table 2360.4(b)(2).

Table 2360.4(b)(2) -- Maximum Cord- and Plug-Connected Load to Receptacle

Circuit Rating Receptacle Rating Maximum Load

(Amperes) (Amperes) (Amperes)

15 or 20 15 12

20 20 16

30 30 24

(3) Where connected to a branch circuit supplying two or more receptacles or outlets, receptacle ratings shall conform to the values listed in Table 2360.4(b)(3); or, where larger than 50 amperes, the receptacle rating may not be less than the branch-circuit rating.

Exception: Receptacles for one or more cord- and plug-connected arc welders shall have ampere ratings not less than the minimum branch-circuit conductor ampacity.

Table 2360.4(b)(3) -- Receptacle Ratings for Various Size Circuits

Circuit Rating (Amperes) Receptacle Rating (Amperes)

15 Not over 15

20 15 or 20

30 30

40 40 or 50

50 50

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2360.5. Cord Connections.

Note • History

A receptacle outlet shall be installed wherever flexible cords with attachment plugs are used. Where flexible cords are permitted to be permanently connected, receptacles may be omitted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 7. Feeders [Repealed]

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 7 (Sections 2365.1 and 2365.9) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

Article 8. Outdoor Wiring

§2375.1. Scope.

Note • History

This Article applies to branch-circuit, feeder, and service conductors rated 600 volts, nominal, or less and run outdoors as open conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section and amendment of Article heading filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2375.7. Conductors on Poles.

Note • History

Conductors on poles shall have a separation of not less than 1 foot (305 mm) where not placed on racks or brackets. Conductors supported on poles shall provide a horizontal climbing space not less than the following:

(a) Power conductors below communication conductors--30 in. (762 mm);

(b) Power conductors alone or above communication conductors:

(1) 300 volts or less--24 in. (610 mm),

(2) Over 300 volts--30 in. (762 mm);

(d) Communications conductors alone--no requirement.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history, see Register 79, No. 32.

§2375.10. Wiring on Buildings. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2375.12. Open-Conductor Supports. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32.)

§2375.13. Festoon Supports. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2375.18. Clearance from Ground.

Note • History

Open conductors, open multiconductor cables, and service-drop conductors of not over 600 volts, nominal, shall conform to the following minimum clearances:

Installations built before May 5, 2008:

Above areas (other than thoroughfares)

where it is possible to drive vehicles 16 feet (4.88 m)

Above areas accessible to pedestrians only 12 feet (3.66 m)

Installations built on or after May 5, 2008:

Table 2375.18 Clearances from Ground.

Embedded Graphic 08.0284

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2375.19. Clearances from Buildings.

Note • History

(a) Over roofs. Open wiring and cables shall have a clearance of not less than 8 feet from the highest point of roofs over which they pass.

Exception: No. 1: Where the voltage between conductors does not exceed 300 and the roof has a slope of not less than 4 inches in 12 inches, a reduction in clearance to 3 feet shall be permitted.

Exception: No. 2: Where the voltage between conductors does not exceed 300, a reduction in clearance over the overhanging portion of the roof to 18 inches shall be permitted if:

a. They do not pass over more than 4 feet of the overhang portion of the roof; and

b. They are terminated at a (through-the-roof) raceway or approved support.

Exception: No. 3: The area above a roof surface subject to pedestrian or vehicular traffic shall have a vertical clearance from the roof surface in accordance with the clearance requirements of Section 2375.18.

(b) Horizontal Clearances. Open wiring and cables not attached to a building shall have a minimum horizontal clearance of 3 feet.

(1) Open wiring and cables to a building they supply or from which they are fed shall be permitted to be attached to the building, but they shall be kept 3 feet from windows that are designed to be opened, doors, porches, balconies, ladders, stairs, fire escapes, or similar locations.

(2) Conductors run above the top level of a window shall be permitted to be less than 3 feet above the window provided that they are at the maximum practical distance and that in no case are they less than 1 foot above the window.

(3) Vertical clearance of final spans above, or within 3.0 feet measured horizontally of, platforms, projections, or surfaces from which they might be reached shall be maintained in accordance with Section 2375.18.

(4) Overhead service conductors shall not be installed beneath openings through which materials may be moved, such as openings in farm and commercial buildings, and may not be installed where they will obstruct entrance to these building openings.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2375.25. Location of Outdoor Lamps.

Note • History

Lamps for outdoor lighting shall be located below all energized conductors, transformers, or other electric equipment, unless such equipment is controlled by a disconnecting means that can be locked in the open position, or unless adequate clearances or other safeguards are provided for relamping operations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history, see Register 79, No. 32.

Article 9. Services

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 9 (Sections 2380.1-2380.95, not consecutive) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32). For prior history, see Register 76, No. 33.

§2380.1. Disconnecting Means.

Note • History

(a) Means shall be provided to disconnect all conductors in a building or other structure from the service-entrance conductors. The service disconnecting means shall plainly indicate whether it is in the open or closed position and shall be installed at a readily accessible location nearest the point of entrance of the service-entrance conductors.

(b) Each service disconnecting means shall simultaneously disconnect all ungrounded conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 9 (section 2380.1) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history of article 9, see Register 79, No. 32.

Article 10. Overcurrent Protection

§2390.1. General.

Note • History

Conductors and equipment shall be protected from overcurrent in accordance with their ability to safely conduct current.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 10 (Sections 2390.1-2390.83, not consecutive) and new Article 10 (Sections 2390.1-2390.41, not consecutive) filed 11-16-79; effective thirtieth day thereafter (Register 79, No. 46).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2390.10. Grounded Conductors.

Note • History

Except for motor running overload protection, overcurrent devices shall not interrupt the continuity of the grounded conductor unless all conductors of the circuit are opened simultaneously.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2390.20. Disconnecting Means for Fuses.

Note • History

A disconnecting means shall be provided on the supply side of all fuses in circuits over 150 volts to ground and cartridge fuses in circuits of any voltage where accessible to other than qualified persons so that each individual circuit containing fuses can be independently disconnected from the source of power. However, a current-limiting device without a disconnecting means is permitted on the supply side of the service disconnecting means. In addition, a single disconnecting means is permitted on the supply side of more than one set of fuses as permitted by the exception in Section 2530.112 for group operation of motors, and a single disconnecting means is permitted for fixed electric space-heating equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2390.24. Location.

Note • History

Overcurrent devices shall be readily accessible to each employee or authorized building management personnel. These overcurrent devices shall not be located where they will be exposed to physical damage or in the vicinity of easily ignitable material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2390.41. Arcing or Suddenly Moving Parts.

Note • History

Arcing or suddenly moving parts shall comply with the following:

(a) Location. Fuses and circuit breakers shall be so located or shielded that persons will not be burned or otherwise injured by their operation.

(b) Suddenly Moving Parts. Handles or levers of circuit breakers, and similar parts which may move suddenly in such a way that persons in the vicinity are likely to be injured by being struck by them, shall be guarded or isolated.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37.)

3. Amendment of subsection (b) and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2390.42. Indicating. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of Section 2390.42 to Section 2390.81 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Registers 83, Nos. 45 and 6.

§2390.43. Circuit Breakers Used as Switches. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of Section 2390.43 to Section 2390.83 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Registers 83, Nos. 45 and 6.

§2390.81. Circuit Breakers.

Note • History

(a) Circuit breakers shall clearly indicate whether they are in the open “off” or closed “on” position.

(b) Where circuit breaker handles on switchboards or in panelboards are operated vertically rather than rotationally or horizontally, the up position of the handle shall be the “on” position.

Where used as switches in 120-volt and 277-volt fluorescent lighting circuits, circuit breakers shall be listed and shall be marked “SWD.”

(d) Applications.

(1) A circuit breaker with a straight voltage rating, such as 240 V or 480 V, shall only be installed in a circuit in which the nominal voltage between any two conductors does not exceed the circuit breaker's voltage rating. A two-pole circuit breaker shall not be used for protecting a 3-phase, corner-grounded delta circuit unless the circuit breaker is marked 1f - 3f to indicate such suitability.

(2) A circuit breaker with a slash rating, such as 120/240 V or 480Y/277 V, shall only be installed in a circuit where the nominal voltage of any conductor to ground does not exceed the lower of the two values of the circuit breaker's voltage rating and the nominal voltage between any two conductors does not exceed the higher value of the circuit breaker's voltage rating.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 2390.42 to Section 2390.81 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Registers 83, Nos. 45 and 6.

2. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2390.83. Circuit Breakers Used as Switches. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 2390.43 to Section 2390.83 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Registers 83, Nos. 45 and 6.

2. Repealer of section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 11. Grounding

§2395.1. Scope.

Note • History

This Article covers general requirements for grounding and bonding of electrical installations, and specific requirements in Section 2395.1(a) through (g) below.

(a) Systems, circuits, and equipment required, permitted, or not permitted to be grounded.

(b) Circuit conductor to be grounded on grounded systems.

(d) Types and sizes of grounding and bonding conductors and electrodes.

(e) Methods of grounding and bonding.

(f) Conditions under which guards, isolation, or insulation may be substituted for grounding.

(g) Connections for lightning rods.

Note: Circuits are grounded to limit excessive voltages from lightning line surges, or unintentional contact with higher voltage lines and to limit the voltage to ground during normal operation.

Note: Conductive materials enclosing electric conductors or equipment, or forming part of such equipment, are grounded for the purpose of preventing a voltage above ground on these materials.

(Title 24, Part 3, Sections 250-1 and 3-250-1(g).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37.)

§2395.3. Direct-Current Systems.

Note • History

Systems to be Grounded. Systems that supply premises wiring shall be grounded as follows:

(a) Two-Wire Direct Current Systems. Two-wire DC systems operating at over 50 volts through 300 volts between conductors shall be grounded.

Exceptions: 1. A system equipped with a ground detector and supplying only industrial equipment in limited areas.

2. A rectifier derived DC system supplied from a grounded AC system.

3. DC Fire Alarm Circuits having a maximum current of 0.030 amperes.

(b) Three-Wire Direct-Current Systems. The neutral conductor of all 3-wire DC systems shall be grounded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.5. Alternating-Current Circuits and Systems to Be Grounded.

Note • History

AC circuits and systems supplying premises wiring shall be grounded as provided for in this Section.

(a) AC circuits of less than 50 volts shall be grounded under any of the following conditions:

(1) Where supplied by transformers if the transformer primary supply system exceeds 150 volts to ground.

(2) Where supplied by transformers if the transformer primary supply system is ungrounded.

(3) Where installed as overhead conductors outside of buildings.

(b) AC systems of 50 volts or more shall be grounded under any of the following conditions:

(1) Where the system can be so grounded that the maximum voltage to ground on the ungrounded conductors does not exceed 150 volts.

(2) Where the system voltage is rated 3-phase, 4-wire wye-connected in which the neutral is used as a circuit conductor.

(3) Where the system voltage is rated 3-phase, 4-wire delta-connected in which the midpoint of one phase is used as a circuit conductor.

(4) Where a service conductor is uninsulated.

Exceptions: AC systems of 50 volts or more are not required to be grounded under any of the following conditions:

1: Electric systems used exclusively to supply industrial electric furnaces for melting, refining, tempering, and the like.

2: Separately derived systems used exclusively for rectifiers supplying only adjustable speed industrial drives.

3: Separately derived systems supplied by transformers that have a primary voltage rating less than 1000 volts provided that all of the following conditions are met:

a. The system is used exclusively for control circuits.

b. The conditions of maintenance and supervision assure that only qualified persons will service the installation.

c. Continuity of control power is required.

d. Ground detectors are installed on the control system.

4: Isolated power systems that supply circuits in health care facilities.

5. The system is a high-impedance grounded neutral system in which a grounding impedance, usually a resistor, limits the ground-fault current to a low value for 3-phase ac systems of 480 volts to 1000 volts provided all of the following conditions are met:

(a) The conditions of maintenance and supervision ensure that only qualified persons will service the installation;

(b) Continuity of power is required;

(d) Line-to-neutral loads are not served.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Change without regulatory effect amending subsection (c) filed 8-1-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 31).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.6. Portable and Vehicle-Mounted Generators.

Note • History

(a) The frame of a portable generator need not be grounded and may serve as the grounding electrode for a system supplied by the generator under the following conditions:

(1) The generator supplies only equipment mounted on the generator or cord- and plug-connected equipment through receptacles mounted on the generator, or both; and

(2) The noncurrent-carrying metal parts of equipment and the equipment grounding conductor terminals of the receptacles are bonded to the generator frame.

(b) The frame of a vehicle need not be grounded and may serve as the grounding electrode for a system supplied by a generator located on the vehicle under the following conditions:

(1) The frame of the generator is bonded to the vehicle frame, and

(2) The generator supplies only equipment located on the vehicle and cord- and plug-connected equipment through receptacles mounted on the vehicle, and

(3) The noncurrent-carrying metal parts of equipment and the equipment grounding conductor terminals of the receptacles are bonded to the generator frame, and

(4) The system complies with all other provisions of Article 11 of these Low-Voltage Electrical Safety Orders.

(c) A system conductor that is required to be grounded by the provisions of Section 2395.25 shall be bonded to the generator frame where the generator is a component of a separately derived system.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of subsection (a)(4) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

5. Amendment of subsections (a)(2) and (b)(4) and repealer of subsections (a)(3) and (b)(5) filed 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).

§2395.7. Circuits Not to Be Grounded. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Repealer of section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

LOCATION OF SYSTEM GROUNDING CONNECTIONS

§2395.21. Objectionable Current over Grounding Conductors. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.23. Grounding Connections.

Note • History

(a) For a grounded system, a grounding electrode conductor shall be used to connect both the equipment grounding conductor and the grounded circuit conductor to the grounding electrode. Both the equipment grounding conductor and the grounding electrode conductor shall be connected to the grounded circuit conductor on the supply side of the service disconnecting means, or on the supply side of the system disconnecting means or overcurrent devices if the system is separately derived.

(b) For an ungrounded service-supplied system, the equipment grounding conductor shall be connected to the grounding electrode conductor at the service equipment. For an ungrounded separately derived system, the equipment grounding conductor shall be connected to the grounding electrode conductor at, or ahead of, the system disconnecting means or overcurrent devices.

(c) On extensions of existing branch circuits that do not have an equipment grounding conductor, grounding-type receptacles may be grounded to a grounded cold water pipe near the equipment if the extension was installed before May 5, 2008.

(1) When any element of this branch circuit is replaced, the entire branch circuit shall use an equipment grounding conductor that complies with all other provisions of Article 11.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Exception No. 3 and subsection (b), and new subsection (c) filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.25. Conductor to Be Grounded-- Alternating-Current Systems.

Note • History

For AC premises wiring systems the conductor required to be grounded by Section 2395.5 shall be as follows:

(a) One conductor of a single-phase, two-wire system shall be grounded;

(b) The neutral conductor of a single-phase, three-wire system shall be grounded;

(d) One phase conductor of a multiphase system where one phase is grounded shall be grounded; and

(e) The neutral conductor of a multiphase system in which one phase is used as a neutral conductor shall be grounded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.26. Grounding Separately Derived Alternating-Current Systems. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

ENCLOSURE GROUNDING

§2395.32. Supports, Enclosures, and Equipment to be Grounded.

Note • History

(a) Metal cable trays, metal raceways, and metal enclosures for conductors shall be grounded, except that:

(1) Metal enclosures such as sleeves that are used to protect cable assemblies from physical damage need not be grounded; and

(2) Metal enclosures for conductors added to existing installations of open wire, knob-and-tube wiring, and nonmetallic-sheathed cable need not be grounded if all of the following conditions are met:

(A) Runs are less than 25.0 feet (7.62 meters);

(B) Enclosures are free from probable contact with ground, grounded metal, metal laths, or other conductive materials; and

(b) Metal enclosures for service equipment shall be grounded.

(c) Frames of electric ranges, wall-mounted ovens, counter-mounted cooking units, clothes dryers, and metal outlet or junction boxes that are part of the circuit for these appliances shall be grounded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section heading, repealer and new section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.33. Other Conductor Enclosures. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Repealer of section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

EQUIPMENT GROUNDING

§2395.42. Equipment Fastened in Place or Connected by Permanent Wiring Methods (Fixed).

Note • History

Exposed noncurrent-carrying metal parts of fixed equipment that may become energized shall be grounded under any of the following conditions:

(a) Where within 8 feet vertically or 5 feet horizontally of ground or grounded metal objects and subject to contact by persons.

(b) Where located in a wet or damp location and not isolated.

(d) Where in a hazardous (classified) location as covered by Article 59.

(e) Where supplied by a metal-clad, metal-sheathed, or grounded metal-raceway wiring method.

(f) Where equipment operates with any terminal at over 150 volts to ground.

(g) Grounding of equipment mounted on poles shall comply with the Rules of Overhead Electric Line Construction of the California Public Utilities Commission, General Order No. 95.

Exceptions: to Section 2395.42: Exposed noncurrent-carrying metal parts of the following types of fixed equipment need not be grounded:

1. Enclosures for switches or circuit breakers used for other than service equipment and accessible to qualified persons only;

2. Electrically heated appliances that are permanently and effectively insulated from ground;

3. Distribution apparatus, such as transformer and capacitor cases, mounted on wooden poles, at a height exceeding 8 feet (2.44 m) above ground or grade level; and

4. Listed equipment protected by a system of double insulation, or its equivalent, and distinctively marked as such.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

3. Editorial correction filed 11-2-83 (Register 83, No. 45).

4. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

5. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.43. Equipment Fastened in Place or Connected by Permanent Wiring Methods (Fixed)--Specific. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Repealer of section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.44. Nonelectrical Equipment.

Note • History

The metal parts of nonelectrical equipment described in (a) through (d) below shall be grounded.

(a) Frames and tracks of electrically operated cranes and hoists.

(b) Frames of nonelectrically driven elevator cars to which electric conductors are attached.

(d) Hand-operated metal shifting ropes or cables of electric elevators.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.45. Equipment Connected by Cord and Plug.

Note • History

(a) The exposed noncurrent-carrying metal parts of cord- and plug-connected equipment that may become energized shall be grounded under any of the following conditions:

(1) Utilization equipment used in hazardous (classified) locations (See Article 59).

(2) Any electric equipment which is operated at over 150 volts to ground.

(3) If the equipment is of the following types:

(A) Refrigerators, freezers, and air conditioners.

(B) Clothes-washing, clothes-drying and dishwashing machines, sump pumps, and electrical aquarium equipment.

(C) Hand-held motor-operated tools, stationary and fixed motor-operated tools, and light industrial motor-operated tools.

(D) Motor-operated tools and utilization equipment of the following types: drills, hedge clippers, lawn mowers, snow blowers, wet scrubbers, sanders and saws.

(E) Cord- and plug-connected appliances used in damp or wet locations or by persons standing on the ground or on metal or exposed concrete floors or working inside of metal tanks or boilers.

(F) Portable and mobile x-ray and associated equipment.

(G) Portable hand lamps.

(H) Tools likely to be used in wet and conductive locations.

EXCEPTIONS to 2395.45: The following equipment shall not be required to be grounded:

(1) Listed portable tools or utilization equipment likely to be used in wet and conductive locations if supplied through an isolating transformer with an ungrounded secondary of not over 50 volts.

(2) Listed or labeled portable tools and utilization equipment protected by an approved system of double insulation. Where such a system is employed, the equipment shall be distinctively marked.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

3. Editorial correction filed 11-2-83 (Register 83, No. 45).

4. Amendment deleting Title 24 cross reference filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

5. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

METHODS OF GROUNDING

§2395.50. Equipment Grounding Connections. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Repealer of section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.51. Effective Grounding.

Note • History

(a) The path to ground from circuits, equipment, and conductor enclosures shall:

(1) be permanent and continuous, and

(2) have ample carrying capacity to conduct safely any currents liable to be imposed on it, and

(3) have impedance sufficiently low to limit the potential above ground and to facilitate the operation of the overcurrent devices in the circuit.

(Title 24, Part 3, Section 250-51.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2395.54. Common Grounding Electrode.

Note • History

Where an AC system is connected to a grounding electrode in or at a building as specified in Section 2395.23, the same electrode shall be used to ground conductor enclosures and equipment in or on that building.

Note: Two or more electrodes that are effectively bonded together shall be considered as a single electrode in this sense.

(Title 24, Part 3, Section 250-54).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.57. Equipment Fastened in Place or Connected by Permanent Wiring Methods (Fixed)--Grounding.

Note • History

Noncurrent-carrying metal parts of fixed equipment, raceways, and other enclosures, where required to be grounded, shall be grounded by an equipment grounding conductor that is contained within the same raceway, cable, or cord, or runs with or encloses the circuit conductors. For dc circuits only, the equipment grounding conductor may be run separately from the circuit conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.58. Electric Equipment Considered Effectively Grounded.

Note • History

The following electric equipment, under the conditions specified in (a) and (b) below, shall be considered effectively grounded:

(a) Electric equipment secured to, and in electrical contact with, a metal rack or structure that is provided for its support and the metal rack or structure is grounded by the method specified for the noncurrent-carrying metal parts of fixed equipment in Section 2395.57.

(1) For installations made before April 16, 1981, electric equipment is also considered to be effectively grounded if it is secured to, and in metallic contact with, the grounded structural metal frame of a building. The structural metal frame of a building shall not be used as the required AC equipment grounding conductor for installations made on or after April 16, 1981.

(2) Effective with installations on or after April 16, 1981, when any element of this branch circuit is replaced, the entire branch circuit shall use an equipment grounding conductor that complies with all other provisions of Article 11 of these Safety Orders.

(b) Metal Car Frames. Metal car frames supported by metal hoisting cables attached to or running over metal sheaves or drums of grounded elevator machines.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of subsection (a) filed 2-25-93; operative 2-25-93 (Register 93, No. 9).

4. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2395.59. Cord- and Plug-Connected Equipment.

Note • History

Noncurrent-carrying metal parts of cord- and plug-connected equipment, where required to be grounded, shall be grounded by one of the methods indicated in (a), (b), or (c) below:

(a) By means of the metal enclosure of the conductors supplying such equipment if grounding-type attachment plug with one fixed grounding contact is used for grounding the metal enclosure, and if the metal enclosure of the conductors is secured to the attachment plug and to equipment by connectors approved for the purpose.

(b) By means of a grounding conductor run with the power supply conductors in a cable assembly or flexible cord properly terminated in grounding-type attachment plug with one fixed grounding contact. An uninsulated grounding conductor shall be permitted but, if individually covered, the covering shall have a continuous outer finish that is either green or green with one or more yellow stripes.

(c) By means of a separate flexible wire or strap, insulated or bare, protected as well as practicable against physical damage, where part of an approved portable equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and new section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.61. Use of Grounded Circuit Conductor for Grounding Equipment.

Note • History

(a) Supply-Side Equipment. A grounded circuit conductor shall be permitted to ground noncurrent-carrying metal parts of equipment on the supply side of the service disconnecting means, such as meter enclosures, service raceways, etc., and on the supply side of the main disconnecting means of separate buildings and of separately derived systems.

(Title 24, Part 3, Section 250-61(a).)

(b) Load-Side Equipment. A grounded circuit conductor shall not be used for grounding noncurrent-carrying metal parts of equipment on the load side of the service disconnecting means or on the load side of a separately derived system disconnecting means or the overcurrent devices for a separately derived system not having a main disconnecting means.

Exception: It shall be permissible to ground meter enclosures by connection to the grounded circuit conductor on the load-side of the service disconnect if:
a. No service ground-fault protection is installed; and
b. All meter enclosures are located adjacent to the service disconnecting means.

(Title 24, Part 3, Section 250-61(b) without Exceptions 1 or 2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of subsection (b) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Change without regulatory effect amending subsection (a) filed 8-1-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 31).

BONDING

§2395.70. General.

Note • History

Bonding shall be provided where necessary to assure electrical continuity and the capacity to conduct safely any fault current likely to be imposed.

(Title 24, Part 3, Section 250-70.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.71. Bonding Service Equipment.

Note • History

The metal noncurrent-carrying parts of equipment indicated in (a), (b), and (c) below shall be effectively bonded together:

(a) Service raceways cable trays or service cable armor or sheath;

(b) All service equipment enclosures containing service-entrance conductors, including meter fittings, boxes, or the like, interposed in the service raceway or armor;

(Title 24, Part 3, Section 250-71(a).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.74. Connecting Receptacle Grounding Terminal to Box.

Note • History

An equipment bonding jumper shall be used to connect the grounding terminal of a grounding-type receptacle to a grounded box.

Exception: No. 1: Where the box is surface-mounted, direct metal-to-metal contact between the device yoke and the box shall be permitted to ground the receptacle to the box. This Exception shall not apply to cover-mounted receptacles unless the box and cover combination are listed as providing satisfactory ground continuity between the box and the receptacle.

Exception: No. 2: Contact devices or yokes designed and listed for the purpose shall be permitted in conjunction with the supporting screws to establish the grounding circuit between the device yoke and flush-type boxes.

Exception: No. 3: Floor boxes designed for and listed as providing satisfactory ground continuity between the box and the device.

Exception: No. 4: Where required for the reduction of electrical noise (electromagnetic interference) on the grounding circuit, a receptacle in which the grounding terminal is purposely insulated from the receptacle mounting means shall be permitted. The receptacle grounding terminal shall be grounded by an insulated equipment grounding conductor run with the circuit conductors. This grounding conductor shall be permitted to pass through one or more panelboards without connection to the panelboard grounding terminal so as to terminate directly at and equipment grounding conductor terminal of the applicable derived system or service.

(Title 24, Part 3, Section 250-74.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction to add Exception No. 4 which was erroneously deleted in Register 79, No. 12 (Register 79, No. 15).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.75. Bonding Other Enclosures.

Note • History

Metal raceways, cable trays, cable armor, cable sheath, enclosures, frames, fittings and other metal noncurrent-carrying parts that are to serve as grounding conductors, shall be effectively bonded.

(Title 24, Part 3, Section 250-75.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.78. Bonding in Hazardous Locations.

Note • History

Regardless of the voltage of the electrical system, the electrical continuity of metal noncurrent-carrying parts of equipment, raceways, and other enclosures in any hazardous location as defined in Article 59 of these Orders shall be assured by any of the methods specified for services that are approved for the wiring method used.

(Title 24, Part 3, Section 250-78.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.79. Equipment Bonding Jumpers.

Note • History

(a) Material. Equipment bonding jumpers shall be of copper or other corrosion-resistant material.

(b) Attachment. Equipment bonding jumpers shall be attached in the manner specified by the applicable provisions of Section 2395.113 for circuits and equipment.

(c) Installation. The equipment bonding jumper shall be permitted to be installed inside or outside of a raceway or enclosure. Where installed on the outside, the length of the equipment bonding jumper shall not exceed six (6) feet and shall be routed with the raceway or enclosure.

(Title 24, Part 3, Section 250-79(a), (b) and (e).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

GROUNDING ELECTRODES

§2395.81. Water Pipe Electrode.

Note • History

Where available on the premises, a metal underground water pipe shall always be used as the grounding electrode, regardless of its length and whether supplied by a community or a local underground water piping system or by a well on the premises. Where the buried portion of the water pipe (including any metal well casing effectively bonded to the pipe) is less than 10 feet long or where the water pipe is or is likely to be isolated by insulated sections or joints so that the effectively grounded portion is less than 10 feet long, it shall be supplemented by the use of an additional electrode of a type specified by Section 2395.82 or Section 2395.83. The interior metal cold water piping system shall always be bonded to the service-equipment enclosure, the grounded conductor at the service, the grounding electrode conductor where of sufficient size, or to the one or more grounding electrodes used.

Note: Expanding use of nonmetallic piping for water systems and insulating couplings on metal water systems makes it more important that water piping within a building be adequately grounded without depending on connections to an outside piping system.

(Title 24, Part 3, Section 250-81(a).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.82. Other Available Electrodes.

Note • History

Where a water system as described in Section 2395.81 is not available, the grounding connection shall be made to any of the electrodes specified in (a) through (d) below, where available.

(a) The metal frame of the building, where effectively grounded.

(Title 24, Part 3, Section 250-81(b).)

(b) An electrode encased by at least 2 inches of concrete, located within and near the bottom of a concrete foundation or footing that is in direct contact with the earth, consisting of at least 20 feet of one or more steel reinforcing bars or rods of not less that 1/2-inch diameter, or consisting of at least 20 feet of bare copper conductor not smaller than No. 4 AWG.

(Title 24, Part 3, Section 250-81(c).)

(c) An electrically continuous metal underground gas piping system that is uninterrupted with insulating sections or joints and without an outer nonconductive coating, and then only if acceptable to and expressly permitted by both the serving gas supplier and the authority having jurisdiction.

(Title 24, Part 3, Section 250-83(a).)

(d) Other local metal underground systems or structures, such as piping systems and underground tanks.

(Title 24, Part 3, Section 250-83(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.83. Made Electrodes.

Note • History

Where none of the electrodes specified in Sections 2395.81 and 2395.82 is available, one or more of the electrodes specified in (a) or (b) below shall be used. Where practicable, electrodes shall be embedded below permanent moisture level. Where more than one electrode is used (including those used for signaling or communication circuits, radio or television installations, or lightning rods), each electrode shall not be less than 6 feet from any other electrodes. All electrodes shall be free from nonconductive coatings, such as paint or enamel.

Note: Two or more electrodes that are effectively bonded together are to be treated as a single electrode in this sense.

(Title 24, Part 3, Section 250-83(a).)

(a) Rod and Pipe Electrodes. Rod and pipe electrodes shall not be less than 8 feet in length and shall consist of the following materials, and shall be installed in the following manner:

(1) Electrodes of pipe or conduit shall not be smaller than 3/4-inch trade size and, where of iron or steel, shall have the outer surface galvanized or otherwise metal-coated for corrosion protection.

(2) Electrodes of rods of steel or iron shall be at least 5/8-inch in diameter. Nonferrous rods or their equivalent shall be listed and shall be not less than 1/2-inch in diameter.

(3) The electrode shall be installed such that at least 8 feet of length is in contact with the soil. It shall be driven to a depth of not less than 8 feet except that where rock bottom is encountered, the electrode shall be driven at an oblique angle not to exceed 45 degrees from the vertical or shall be buried in a trench that is at least 2 1/2 feet deep. The upper end of the electrode shall be flush with or below ground level unless the aboveground end and the grounding electrode conductor attachment are protected against physical damage.

(Title 24, Part 3, Section 250-83(c).)

(b) Plate Electrodes. Each plate electrode shall expose not less than 2 square feet of surface to exterior soil. Electrodes of iron or steel plates shall be at least 1/4-inch in thickness. Electrodes of nonferrous metal shall be at least 0.06-inch in thickness.

(Title 24, Part 3, Section 250-83(d).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.84. Resistance of Made Electrodes.

Note • History

A single electrode consisting of a rod, pipe, or plate which does not have a resistance to ground of 25 ohms or less shall be augmented by one additional electrode of any of the types specified in Sections 2395.82 or 2395.83.

(Title 24, Part 3, Section 250-84.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2395.86. Use of Lightning Rods.

Note • History

Lightning rod conductors and driven pipes, rods, or other made electrodes used for grounding lightning rods shall not be used in lieu of the made grounding electrodes required by Section 2395.83 for grounding wiring systems and equipment. This provision shall not prohibit the bonding together of grounding electrodes of different systems.

Note: Bonding together of all separate electrodes will limit potential differences between them and between their associated wiring systems.

(Title 24, Part 3, Section 250-86.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

GROUNDING CONDUCTORS

§2395.91. Material. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

§2395.95. Size of Equipment Grounding Conductors. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

§2395.113. Connection Devices for Grounding Conductors.

Note • History

Connection devices or fittings that depend on solder shall not be used.

(Title 24, Part 3, Section 250-113.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2395.114. Continuity and Attachment of Branch-Circuit Equipment Grounding Conductors to Boxes.

Note • History

Where more than one equipment grounding conductor of a branch circuit enters a box, all such conductors shall be in good electrical contact with each other and the arrangement shall be such that the disconnection or removal of a receptacle, fixture, or other device fed from the box will not interfere with or interrupt the grounding continuity.

(a) Metal Boxes. A connection shall be made between the one or more equipment grounding conductors and a metal box by means of a grounding screw which shall be used for no other purpose, or an approved grounding device.

(b) Nonmetallic Boxes. One or more equipment grounding conductors brought into a nonmetallic outlet box shall be so arranged that a connection can be made to any fitting or device in that box requiring grounding.

(Title 24, Part 3, Section 250-114.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2395.115. Connection to Electrodes. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

§2395.117. Protection of Attachment. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former Section, see Register 75, No. 42.

§2395.118. Clean Surfaces. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12). For history of former section, see Register 75, No. 42.

Article 12. Wiring Methods, Components, and Equipment for General Use

§2400.1. Scope.

Note • History

The provisions of this Article do not apply to conductors that are an integral part of factory-assembled equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 12 (sections 2400.1-2400.2) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history of article 12, see Register 79, No. 32.

§2400.2. General Requirements.

Note • History

(a) Metal raceways, cable trays, cable armor, cable sheath, enclosures, frames, fittings, and other metal noncurrent-carrying parts that are to serve as grounding conductors, with or without the use of supplementary equipment grounding conductors, shall be effectively bonded where necessary to ensure electrical continuity and the capacity to conduct safely any fault current likely to be imposed on them. Any nonconductive paint, enamel, or similar coating shall be removed at threads, contact points, and contact surfaces or be connected by means of fittings designed so as to make such removal unnecessary.

(b) Where necessary for the reduction of electrical noise (electromagnetic interference) of the grounding circuit, an equipment enclosure supplied by a branch circuit may be isolated from a raceway containing circuits supplying only that equipment by one or more listed nonmetallic raceway fittings located at the point of attachment of the raceway to the equipment enclosure. The metal raceway shall be supplemented by an internal insulated equipment grounding conductor installed to ground the equipment enclosure.

(c) No wiring systems of any type may be installed in ducts used to transport dust, loose stock, or flammable vapors. No wiring system of any type may be installed in any duct used for vapor removal or for ventilation of commercial-type cooking equipment, or in any shaft containing only such ducts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history of article 12, see Register 79, No. 32.

Article 12. Wiring Methods

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 12 (Sections 2400.1-2400.21, not consecutive) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32). For prior history, see Registers 76, No. 31 and 76, No. 41.

Article 13. Temporary Wiring

§2405.1. Scope.

Note • History

Except as specifically modified in this Article, all other requirements of this Order for permanent wiring shall also apply to temporary wiring installations.

(a) Temporary electrical power and lighting installations of 600 volts, nominal, or less may be used only as follows:

(1) During and for the period of construction, remodeling, maintenance, repairs, or demolition of buildings, structures, equipment or similar activities; or

(2) For a period not to exceed 90 days for work associated with non-permanent work locations, such as carnivals, music festivals, Christmas decorative lighting, Christmas tree lots, and similar purposes; or

(3) For the period of work associated with experimental or developmental work and during emergencies.

(b) Temporary wiring shall be removed immediately upon completion of the project or purpose for which the wiring was installed.

(c) Temporary electrical installations of more than 600 volts shall be in accordance with the High-Voltage Electrical Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 13 (Sections 2405.1-2405.3) and new Article 13 (Sections 2405.1-2405.4) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Amendment filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2405.2. General Requirements for Temporary Wiring.

Note • History

(a) Feeders. The following requirements apply to feeders:

(1) Feeders shall originate in an approved distribution center.

(2) Conductors shall be run as multi-conductor cord or cable assemblies. However, if installed as permitted in Section 2405.1(a)(3), and if accessible only to qualified persons, feeders may be run as single insulated conductors.

(b) Branch Circuits. The following requirements apply to branch circuits:

(1) Branch circuits shall originate in an approved power outlet or panelboard.

(2) Conductors shall be multiconductor cord or cable assemblies or open conductors. If run as open conductors, they shall be fastened at ceiling height every 10 feet (3.05 m).

(3) No branch-circuit conductor may be laid on the floor.

(4) Each branch circuit that supplies receptacles or fixed equipment shall contain a separate equipment grounding conductor if run as open conductors.

(c) Receptacles. Receptacles shall be of the grounding type. Unless installed in a continuous grounded metallic raceway or metallic covered cable, each branch circuit shall contain a separate equipment grounding conductor and all receptacles shall be electrically connected to the grounding conductor.

(d) No bare conductors nor earth returns shall be used for the wiring of any temporary circuit.

(e) Disconnecting means. Suitable disconnecting switches or plug connectors shall be installed to permit the disconnection of all ungrounded conductors of each temporary circuit. Multiwire branch circuits shall be provided with a means to disconnect simultaneously all ungrounded conductors at the power outlet or panelboard where the branch circuit originated.

NOTE for Section 2405.2(e): Circuit breakers with their handles connected by approved handle ties are considered a single disconnecting means for the purpose of this requirement.

(f) Lamps.

All lamps for general illumination shall be protected from accidental contact or breakage by a suitable fixture or lampholder with a guard. Brass shell, paper-lined sockets, or other metal-cased sockets may not be used unless the shell is grounded.

(g) Physical Protection. Flexible cords and cables shall be protected from accidental damage. Sharp corners and projections shall be avoided. When passing through doorways or other pinch points, protection shall be provided to avoid damage.

(h) Multi-conductor cords and cables shall be hard service type or equivalent, with multi-conductor fittings.

(i) Cable assemblies and flexible cords and cables shall be supported in place at intervals that ensure that they will be protected from physical damage. Support shall be in the form of staples, cables ties, straps, or similar type fittings installed so as not to cause damage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new subsection (b) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

2. Amendment of subsection (c) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

3. Amendment of subsections (a) and (c) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section heading and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2405.3. Temporary Poles.

Note

The minimum size of a temporary wood pole shall be 6 inches by 6 inches (nominal) if square, or have a top diameter of at least 5 inches if round, and be of sufficient length to maintain all required overhead clearances specified in Section 2375.18, but not less than 20 feet long. The lower end shall be embedded not less than 4 feet in the ground. A pole of a material other than wood, if of equivalent strength, may be used.

Exception: For distribution poles in areas accessible to pedestrians only, a 4-inch x 4-inch (nominal) wood pole, or equivalent (embedded 4 feet in the ground), shall be permitted, provided that a minimum overhead conductor clearance of 10 feet is maintained.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§2405.4. Ground-Fault Circuit Protection-Construction Site.

Note • History

(a) General. For purposes of this Section, a construction site is a place of employment where erection, demolition, alteration or excavation is being performed on a building, structure or underground facility, other than mining.

(b) Construction Sites. To protect employees on construction sites, the employer shall use either or both ground-fault circuit interrupters as specified in Subsection (c) of this Section or an assured equipment grounding conductor program as specified in Subsection (d) of this Section. These requirements are in addition to any other requirements for equipment grounding conductors.

(c) Ground-Fault Circuit Interrupters. All 120-volt, AC, single-phase, 15- and 20-ampere receptacle outlets on construction sites, which are not a part of the permanent wiring of the building or structure and which are in use by employees, shall have approved ground-fault circuit interrupters for personnel protection. Receptacles on a two-wire, single phase portable or vehicle-mounted generator rated not more than 5 KW, where the circuit conductors of the generator are insulated from the generator frame and all their grounded surfaces, need not be protected with ground-fault circuit interrupters.

Feeders supplying 15- and 20-ampere receptacle branch circuits shall be permitted to be protected by a ground-fault circuit interrupter approved for the purpose in lieu of the above provisions.

(d) Assured Equipment Grounding Conductor Program. The employer shall establish and implement an assured equipment grounding conductor program on construction sites covering all cord sets, receptacles which are not a part of the permanent wiring of the building or structure and equipment connected by cord and plug, which are available for use or used by employees. This program shall comply with the following minimum requirements:

(1) A written description of the program, including the specific procedures adopted by the employer shall be available at the job site for inspection and copying by the Division of Occupational Safety and Health and any affected employee.

(2) The employer shall designate one or more qualified persons as defined in Section 2300 to implement the program.

(3) Each cord set, attachment cap, plug and receptacle of cord sets, and any equipment connected by cord and plug including these which are not required to be grounded, except cord sets and receptacles which are fixed and not exposed to damage, shall be visually inspected before each day's use for external defects, such as, deformed or missing pins or insulation damage, and for indication of possible internal damage. Equipment found damaged or defective shall not be used until repaired.

(4) The following tests shall be performed on all cord sets and receptacles which are not a part of the permanent wiring of the building or structure, and cord- and plug-connected equipment required to be grounded:

Note: Double-insulated tools or other similar equipment are not required to be grounded. See Section 2395.45 Exception 2.

(A) All equipment grounding conductors shall be tested for continuity and shall be electrically continuous.

(B) Each receptacle and attachment cap or plug shall be tested for correct attachment of the equipment grounding conductor. The equipment grounding conductor shall be connected to its proper terminal.

(5) All tests required in Subsection (d)(4) shall be performed:

(A) Before first use for newly acquired equipment;

(B) Before equipment is returned to service following any repairs;

(C) Before equipment is used after any incident which can be reasonably suspected to have caused damage (for example, when a cord set is run over); and

(D) At intervals not to exceed three (3) months, except that cord sets and receptacles which are fixed and not exposed to damage shall be tested at intervals not exceeding 6 months.

(6) The employer shall not make available or permit the use by employees of any equipment which has not met the requirements of Subsection (d) of this Section.

(7) Receptacles, cord sets and cord- and plug-connected equipment passing the tests required in Subsection (d) shall be identified. Identification may be made by means of logs, color coding or other effective means, shall be maintained until replaced by a more current identification, and shall indicate the last test date or the interval for which the tests were performed. These dates or intervals shall be readily available to the Division of Occupational Safety and Health and affected employees.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 11-16-79; effective thirtieth day thereafter (Register 79, No. 46).

2. Amendment of subsection (d)(5)(D) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

3. Amendment of subsections (a), (d) and (d)(4) filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).

Article 14. Conductors for General Wiring [Repealed]

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 14 (Sections 2410.1-2410.15, not consecutive) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

Article 15. Cable Trays

§2418.2. Wiring Methods.

Note • History

Only the following wiring methods may be installed in cable tray systems: armored cable; electrical metallic tubing; electrical nonmetallic tubing; fire alarm cables; flexible metal conduit; flexible metallic tubing; instrumentation tray cable; intermediate metal conduit; liquidtight flexible metal conduit; liquidtight flexible nonmetallic conduit; metal-clad cable; mineral-insulated, metal-sheathed cable; multiconductor service-entrance cable; multiconductor underground feeder and branch-circuit cable; multipurpose and communications cables; nonmetallic-sheathed cable; power and control tray cable; power-limited tray cable; optical fiber cables; and other factory-assembled, multiconductor control, signal, or power cables that are specifically approved for installation in cable trays, rigid metal conduit, and rigid nonmetallic conduit.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 15 (sections 2418.2-2418.6) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19). For prior history of article 15, see Register 86, No. 37.

§2418.3. Industrial Establishments.

Note • History

In industrial establishments where conditions of maintenance and supervision assure that only qualified persons will service the installed cable tray system, the following cables may also be installed in ladder, ventilated-trough, or ventilated-channel cable trays:

(a) Single conductor cable.

(1) Single conductor cable shall be No. 1/0 or larger and shall be of a type listed and marked on the surface for use in cable trays; where Nos. 1/0 through 4/0 single conductor cables are installed in ladder cable tray, the maximum allowable rung spacing for the ladder cable tray shall be 9 in. (229 mm); where exposed to direct rays of the sun, cables shall be identified as being sunlight resistant;

(2) Welding cables installed in dedicated cable trays;

(3) Single conductors used as equipment grounding conductors; these conductors, which may be insulated, covered, or bare, shall be No. 4 or larger; and

(b) Multiconductor cable, Type MV; where exposed to direct rays of the sun, the cable shall be identified as being sunlight resistant.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2418.4. Equipment Grounding Conductors.

Note • History

Metallic cable trays may be used as equipment grounding conductors only where continuous maintenance and supervision ensure that qualified persons will service the installed cable tray system.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2418.5. Hazardous (Classified) Locations.

Note • History

Cable trays in hazardous (classified) locations may contain only the cable types permitted in such locations. (See Article 59.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2418.6. Uses Not Permitted.

Note • History

Cable tray systems may not be used in hoistways or where subjected to severe physical damage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 16. Open Wiring on Insulators

§2420.3. Exposed Wiring, Uses Permitted.

Note • History

(a) Scope. Open exposed wiring shall not be installed in any building or portion of a building except:

(1) In substations, transformer vaults, transformer enclosures, on the supply side of electric furnace electrodes, or in tunnels or similar locations, where such spaces are restricted to electrical use and are accessible to qualified and authorized persons only.

(2) For insulated conductors as permitted in Article 13; Temporary Wiring.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 2420.17 to Section 2420.3 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Registers 83, No. 45 and 81, No. 41.

2. Amendment of article heading, section heading, subsection (a)(1) and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2420.4. Conductor Supports.

Note • History

(a) Conductors smaller than No. 8 shall be rigidly supported on noncombustible, nonabsorbent insulating materials and may not contact any other objects. Supports shall be installed as follows:

(1) Within 6 in. (152 mm) from a tap or splice;

(2) Within 12 in. (305 mm) of a dead-end connection to a lampholder or receptacle; and

(3) At intervals not exceeding 4.5 ft. (1.37 m), and at closer intervals sufficient to provide adequate support where likely to be disturbed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2420.5. Flexible Nonmetallic Tubing.

Note • History

In dry locations, where not exposed to severe physical damage, conductors may be separately enclosed in flexible nonmetallic tubing. The tubing shall be in continuous lengths not exceeding 15 feet (4.57 m) and secured to the surface by straps at intervals not exceeding 4.5 feet (1.37 m).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2420.6. Penetrations of Walls, Floors, Wood Cross Members, etc.

Note • History

Open conductors shall be separated from contact with walls, floors, wood cross members, or partitions through which they pass by tubes or bushings of noncombustible, nonabsorbent insulating material. If the bushing is shorter than the hole, a waterproof sleeve of nonconductive material shall be inserted in the hole and an insulating bushing slipped into the sleeve at each end in such a manner as to keep the conductors absolutely out of contact with the sleeve. Each conductor shall be carried through a separate tube or sleeve.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2420.7. Protection from Physical Damage.

Note • History

Where open conductors cross ceiling joints or wall studs and are exposed to physical damage (for example, located within 7 feet (2.13 m) of the floor), they shall be protected.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2420.17. Exposed Wiring. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of Section 2420.17 to Section 2420.3 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Registers 83, No. 45 and 81, No. 41.

Article 17. Concealed Knob-and-Tube Wiring [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 17 (Sections 2424.1-2424.6, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 18. Mineral-Insulated Metal-Sheathed Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 18 (Sections 2430.1-2430.4, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 19. Aluminum-Sheathed Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 19 (Sections 2431.1-2431.10, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 20. Copper-Sheathed Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 20 (Sections 2432.1-2432.10, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 21. Metal-Clad Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 21 (Sections 2434.1-2434.6, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 22. Nonmetallic-Sheathed Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 22 (Sections 2436.1-2436.3) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 23. Shielded Nonmetallic-Sheathed Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 23 (Sections 2437.1-2437.4, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 24. Service-Entrance Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 24 (Sections 2438.1-2438.3) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 25. Underground Feeder and Branch Circuit Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 25 (Sections 2439.1 and 2439.3) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 26. Power and Control Tray Cable [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 26 (Sections 2440.1-2440.5, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 27. Nonmetallic Extensions [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 27 (Sections 2442.1-2442.6, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 28. Underplaster Extensions [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 28 (Sections 2444.1 and 2444.2) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 29. Intermediate Metal Conduit [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 29 (Sections 2445.1-2445.4, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 30. Rigid Metal Conduit [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 30 (Section 2446.1) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 31. Rigid Nonmetallic Conduit [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 31 (Sections 2447.2 and 2447.3) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 32. Electrical Metallic Tubing [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 32 (Section 2448.1) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 33. Flexible Metal Conduit [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 33 (Sections 2450.2 and 2450.5) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 34. Liquidtight Flexible Metal Conduit [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 34 (Sections 2451.1-2451.7 not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 35. Surface Raceways [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 35 (Sections 2452.1-2452.27, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 36. Multi-Outlet Assembly [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 36 (Sections 2453.2 and 2453.3) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 37. Underfloor Raceways [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 37 (Sections 2454.2-2454.7 not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 38. Cellular Metal Floor Raceways [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 38 (Sections 2456.1-2456.7, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 39. Cellular Concrete Floor Raceways [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 39 (Sections 2458.1 and 2458.2) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 40. Wireways [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 40 (Sections 2462.1 and 2462.2) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 41. Flat Cable Assemblies [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 41 (Sections 2463.1-2463.4, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 42. Busways [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 42 (Sections 2464.2-2464.11, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 43. Cablebus [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 43 (Sections 2465.1 and 2465.2) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 44. Electrical Floor Assemblies [Repealed]

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 44 (Sections 2466.1-2466.5, not consecutive) filed 8-17-81; effective thirtieth day thereafter (Register 81, No. 34).

Article 45. Cabinets, Boxes, and Fittings

§2473.1. Conductors Entering Boxes, Cabinets, or Fittings.

Note • History

(a) Conductors entering cutout boxes, cabinets, or fittings shall be protected from abrasion, and openings through which conductors enter shall be effectively closed.

(b) Unused openings in cabinets, boxes, and fittings shall be effectively closed.

(c) Where cable is used, each cable shall be secured to the cabinet, cutout box, or meter socket enclosure. However, where cable with an entirely nonmetallic sheath enters the top of a surface-mounted enclosure through one or more nonflexible raceways not less than 18 in. (457 mm) or more than 10 feet (3.05 m) in length, the cable need not be secured to the cabinet, box, or enclosure provided all of the following conditions are met:

(1) Each cable is fastened within 12 in. (305 mm) of the outer end of the raceway, measured along the sheath;

(2) The raceway extends directly above the enclosure and does not penetrate a structural ceiling;

(3) A fitting is provided on each end of the raceway to protect the cable from abrasion, and the fittings remain accessible after installation;

(4) The raceway is sealed or plugged at the outer end using approved means so as to prevent access to the enclosure through the raceway;

(5) The cable sheath is continuous through the raceway and extends into the enclosure not less than 0.25 in. (6.35 mm) beyond the fitting;

(6) The raceway is fastened at its outer end and at other points as necessary; and

(7) Where installed as conduit or tubing, the allowable cable fill does not exceed that permitted for complete conduit or tubing systems.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of article heading and new section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2473.2. Covers and Canopies.

Note • History

(a) All pull boxes, junction boxes, and fittings shall be provided with covers identified for the purpose. If metal covers are used, they shall be grounded. In completed installations, each outlet box shall have a cover, faceplate, or fixture canopy. Covers of outlet boxes having holes through which flexible cord pendants pass shall be provided with bushings designed for the purpose or shall have smooth, well-rounded surfaces on which the cords may bear.

(b) Where a fixture canopy or pan is used, any combustible wall or ceiling finish exposed between the edge of the canopy or pan and the outlet box shall be covered with noncombustible material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2473.7. Space in Enclosures. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2473.8. Enclosures for Switches or Overcurrent Devices. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealed filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 46. Auxiliary Gutters [Repealed]

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 46 (Sections 2474.1-2474.7, not consecutive) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

Article 47. Switches [Repealed]

§2480.1. Enclosures. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of Section 2480.1 to Section 2480.3 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Register 83, No. 45.

§2480.3. Enclosures.

Note • History

Switches shall comply with the following: All manually operated switches shall be of an approved externally operable type enclosed in boxes or cabinets, except where other types are specifically permitted by these orders. Switches are not required to be of the externally operable type when operating at 50 volts or less; as for example, in some electric furnace and electrolytic installations. In such cases the switches shall be protected by suitable guards or enclosures if they are exposed to danger of short circuiting or accidental contact.

(Title 24, Part 3, Section 380-3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2480.1 to Section 2480.3 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Register 83, No. 45.

§2480.5. Single-Throw Knife Switches.

Note • History

Single-throw knife switches shall be so placed that gravity will not tend to close them. Single-throw knife switches approved for use in the inverted position shall be provided with a locking device that will ensure that the blades remain in the open position when so set.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2480.6. Double-Throw Knife Switches.

Note • History

Double-throw knife switches shall be permitted to be mounted so that the throw will be either vertical or horizontal. However, where the throw is vertical, a locking device shall be provided that will insure the blades remaining in the open position when so set.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2480.7. Connection of Switches.

Note • History

(a) Single-throw knife switches and switches with butt contacts shall be so connected that the blades are deenergized when the switch is in the open position.

(b) For installations built on or after May 5, 2008 single-throw knife switches, molded-case switches, switches with butt contacts, and circuit breakers used as switches shall be connected so that the terminals supplying the load are deenergized when the switch is in the open position.

Exception: Blades and terminals supplying the load of a switch may be energized when the switch is in the open position where the switch is connected to circuits or equipment inherently capable of providing a backfeed source of power. For such installations, a permanent sign shall be installed on the switch enclosure or immediately adjacent to open switches that read, “WARNING--LOAD SIDE TERMINALS MAY BE ENERGIZED BY BACKFEED.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2480.8. Accessibility and Grouping. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Repealer of section and amendment of NOTE filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2480.9. Snap Switches.

Note • History

(a) Faceplates for flush-mounted snap switches. Snap switches mounted in boxes shall have faceplates installed so as to completely cover the opening and seat against the finished surface.

(b) Grounding. For installations built on or after May 5, 2008 snap switches, including dimmer switches, shall be effectively grounded and shall provide a means to ground metal faceplates, whether or not a metal faceplate is installed. However, if no grounding means exists within the snap-switch enclosure, or where the wiring method does not include or provide an equipment ground, a snap switch without a grounding connection is permitted for replacement purposes only. Such snap switches shall be provided with a faceplate of nonconducting, noncombustible material if they are located within reach of conducting floors or other conducting surfaces.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2480.18. Capacity. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2480.19. Signs. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 48. Switchboards and Panelboards

§2484.3. Support and Arrangement of Busbars and Conductors.

Note • History

Conductors and busbars on a switchboard, panelboard, or control board shall be so located as to be free from physical damage and shall be held firmly in place.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2484.5. Switchboards with Exposed Live Parts.

Note • History

Switchboards that have any exposed live parts shall be located in permanently dry locations and shall be accessible only to qualified persons.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2484.6. Panelboard Enclosures.

Note • History

Panelboards shall be mounted in cabinets, cutout boxes, or enclosures designed for the purpose and shall be dead front. However, panelboards other than the dead front externally-operable type are permitted where accessible only to qualified persons.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2484.19. Relative Arrangement of Switches and Fuses.

Note • History

In panelboards, fuses of any type shall be installed on the load side of any switches.

(Title 24, Part 3, Section 384-19.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-3-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2484.24. Knife Switches Mounted in Switchboards or Panelboards.

Note • History

Exposed blades of knife switches mounted in switchboards or panelboards shall be dead when open.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-3-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 48.1. Enclosures for Damp or Wet Locations

§2485.1. Cabinets, Cutout Boxes, Fittings, Boxes, and Panelboard Enclosures.

Note • History

(a) Cabinets, cutout boxes, fittings, boxes, and panelboard enclosures in damp or wet locations shall be installed so as to prevent moisture or water from entering and accumulating within the enclosures and shall be mounted so there is at least 0.25 in. (6.35 mm) airspace between the enclosure and the wall or other supporting surface.

Exception: Nonmetallic enclosures may be installed without the airspace on a concrete, masonry, tile, or similar surface.

(b) Enclosures shall be weatherproof in wet locations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 48.1 (sections 2485.1-2485.2) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2485.2. Switches, Circuit Breakers, and Switchboards.

Note • History

Switches, circuit breakers, and switchboards installed in wet locations shall be enclosed in weatherproof enclosures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 49. Flexible Cords and Cables

§2500.7. Uses Permitted.

Note • History

(a) Flexible cords and cables shall be approved for conditions of use and location.

(b) Flexible cords and cables shall be used only for:

(1) pendants;

(2) wiring of fixtures;

(3) connection of portable lamps or appliances;

(4) portable and mobile signs;

(5) elevator cables;

(6) wiring of cranes and hoists;

(7) connection of stationary equipment to facilitate their frequent interchange;

(8) prevention of the transmission of noise or vibration;

(9) appliances where the fastening means and mechanical connections are designed to permit removal for maintenance and repair;

(10) data processing cables as a part of the data processing system;

(11) connection of moving parts; and

(12) temporary wiring as permitted in Article 13 of these Low-Voltage Electrical Safety Orders.

(c) Where used as permitted in subsections (b)(3), (b)(7), and (b)(9) above, each flexible cord shall be equipped with an attachment plug and shall be energized from an approved receptacle outlet.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (b) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

4. Change without regulatory effect designating former duplicate subsection (b) as subsection (c) filed 7-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 29).

5. Change without regulatory effect amending subsection (c) filed 1-15-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 3).

§2500.8. Uses Not Permitted.

Note • History

(a) Unless specifically permitted otherwise in Section 2500.7, flexible cords and cables shall not be used:

(1) as a substitute for the fixed wiring of a structure;

(2) where run through holes in walls, ceilings, or floors;

(3) where run through doorways, windows or similar openings;

(4) where attached to building surfaces;

(5) where concealed behind building walls, ceilings, or floors; or

(6) Where installed in raceways, except as otherwise permitted in these Electrical Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2500.9. Splices.

Note • History

(a) Flexible cords shall be used only in continuous lengths without splice or tap. Hard service flexible cords No. 12 or larger shall be permitted to be repaired if spliced so that the splice retains the insulation, outer sheath properties, and usage characteristics of the cord being spliced.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2500.10. Pull at Joints and Terminals.

Note • History

(a) Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided which will prevent pull from being directly transmitted to joints or terminal screws.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2500.11. In Show Windows and Show Cases.

Note • History

Flexible cords used in show windows and show cases shall be Type S, SE, SEO, SEOO, SO, SJ, SJE, SJEO, SJEOO, SJO, SJOO, SJT, SJTO, SJTOO, SO, SOO, ST, STO, or STOO,

Exception: No. 1: For the wiring of chain-supported lighting fixtures.

Exception: No. 2: As supply cords for portable lamps and other merchandise being displayed or exhibited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2500.13. Overcurrent Protection.

Note • History

Flexible cords not smaller than No. 18, and tinsel cords or cords having equivalent characteristics of smaller size approved for use with specific appliances, shall be considered as protected against overcurrent by the overcurrent devices described in Section 2390.1.

(Title 24, Part 3, Section 400-13.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2500.23. Conductor Identification.

Note • History

(a) A conductor of a flexible cord or cable that is used as a grounded conductor or an equipment grounding conductor shall have a continuous identifying marker readily distinguishing it from the other conductor or conductors.

(1) Conductors having a continuous green color or a continuous green color with one or more yellow stripes shall not be used for other than grounding purposes. The identifying marker shall consist of one of the methods in (A) or (B) below:

(A) Colored Braid. A braid finished to show a continuous green color or a continuous green color with one or more yellow stripes.

(B) Colored Insulation or Covering. For cords having no braids on the individual conductors, an insulation of a continuous green color or a continuous green color with one or more yellow stripes.

(b) Types S, SC, SCE, SCT, SE, SEO, SEOO, SJ, SJE, SJEO, SJEOO, SJO, SJT, SJTO, SJTOO, SO, SOO, ST, STO, and STOO flexible cords and Types G, G-GC, PPE, and W flexible cables shall be durably marked on the surface at intervals not exceeding 24 in. (610 mm) with the type designation, size, and number of conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2500.25. Maintenance of Outer Sheath.

Note • History

Flexible cords shall be repaired or replaced if the outer sheath is damaged such that any conductor insulation or conductor is exposed. Repair of the outer sheath shall only be permitted if the conductors are not damaged and the completed repair retains the insulation, outer sheath properties, and usage characteristics of the cord being repaired.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-28-2000; operative 2-27-2000 (Register 2000, No. 4).

Article 50. Fixture Wires

§2505.1. Scope. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2505.2. General.

Note • History

Fixture wires shall be approved for the voltage, temperature, and location of use. A fixture wire which is used as a grounded conductor shall be identified.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2505.10. Uses Permitted.

Note • History

Fixture wires shall be permitted only for:

(1) installation in lighting fixtures and in similar equipment where enclosed or protected and not subject to bending or twisting in use; or

(2) connecting lighting fixtures to the branch-circuit conductors supplying the fixtures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2505.11. Uses Not Permitted.

Note • History

Fixture wires shall not be used as branch-circuit conductors.

Exception: As permitted for Class 1 power limited circuits and for fire alarm circuits.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No.37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2505.12. Overcurrent Protection.

Note • History

Overcurrent protection for fixture wires shall be as specified in Section 2390.1.

(Title 24, Part 3, Section 402-12.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 51. Lighting Fixtures, Lampholders, Lamps and Receptacles

§2510.1. Maximum Voltage.

Note • History

Voltage to Ground. Lampholders, fixtures, or standard receptacles rated 15 amperes or less shall not be supplied by voltages exceeding 150 volts to ground.

Exception: No. 1: Supply voltages between 150 and 300 volts to ground shall be permitted provided all of the following conditions are met: a. Only qualified persons will service the lighting fixtures;
b. The lighting fixtures are approved for the supply voltage;
c. The fixtures, other than permanently installed electric discharge-type, are mounted not less than 8 feet above the floor. Where conditions do not permit 8 feet, the light fixture shall be permitted at the available height provided the fixtures are suitably guarded; and
d. Integral lighting switches, if used, shall not be readily accessible.

Exception: No. 2: The supply voltage may exceed 300 volts for permanently installed fixtures at a height of 18 feet or more.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 51 (Sections 2510.3-2510.81, not consecutive) and new Article 51 (Sections 2510.1-2510.58, not consecutive) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32). For prior history, see Register 78, No. 5.

2. Amendment of Exception No. 1 filed 9-7-79; effective thirtieth day thereafter (Register 79, No. 36).

3. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2510.2. Receptacles. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2510.3. Location of Lamps.

Note

Lamps for lighting shall be safely accessible.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§2510.4. Live Parts.

Note • History

Fixtures, lampholders, lamps, rosettes, and receptacles shall have no live parts normally exposed to contact.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2510.5. Wet and Damp Locations.

Note • History

Fixtures installed in wet or damp locations shall be approved for the purpose and shall be so constructed or installed that water cannot enter or accumulate in wireways, lampholders, or other electrical parts.

(a) A receptacle installed in a wet or damp location shall be suitable for the location.

(b) A receptacle installed outdoors in a location protected from the weather or in other damp locations shall have an enclosure for the receptacle that is weatherproof when the receptacle is covered (attachment plug cap not inserted and receptacle covers closed).

NOTE: A receptacle is considered to be in a location protected from the weather when it is located under roofed open porches, canopies, marquees, or the like and where it will not be subjected to a beating rain or water runoff.

(c) A receptacle installed in a wet location where the product intended to be plugged into it is not attended while in use (for example, sprinkler system controllers, landscape lighting, and holiday lights) shall have an enclosure that is weatherproof with the attachment plug cap inserted or removed.

(d) A receptacle installed in a wet location where the product intended to be plugged into it will be attended while in use (for example, portable tools) shall have an enclosure that is weatherproof when the attachment plug cap is removed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2510.6. Portable Handlamps.

Note • History

Handlamps of the portable type supplied through flexible cords shall be equipped with a handle of molded composition or other material approved for the purpose, and a substantial guard shall be attached to the lampholder or the handle. Metal shell, paper-lined lampholders shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2510.7. Receptacles.

Note • History

(a) Grounding Type.

Receptacles shall be of the grounding type as prescribed in Article 6.

(b) Skirted Plugs.

Attachment plugs or other connectors supplying equipment at more than 300 volts shall be of the skirted type.

Exception: Plugs or connectors so designed that the arc will be confined within the body or case of the device shall be acceptable.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2510.8.

Note • History

Lampholders of the screw-shell type shall be installed for use as lampholders only. Where supplied by a circuit having a grounded conductor, the grounded conductor shall be connected to the screw shell. Lampholders installed in wet or damp locations shall be of the weatherproof type.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2510.56. Receptacles, Cord Connectors and Attachment Plugs (Caps).

Note • History

(a) Attachment Plugs. All new or replacement 15- and 20-ampere attachment plugs and connectors shall be constructed so that there are no exposed current-carrying parts except the prongs, blades or pins. The cover for wire terminations shall be a part that is essential for the operation of an attachment plug or connector (dead-front construction). Attachment plugs shall be installed so that their prongs, blades, or pins are not energized unless inserted into an energized receptacle. No receptacles may be installed so as to require an energized attachment plug as its source of supply.

(b) Non-interchangeability. Receptacles, cord connectors and attachment plugs shall be constructed so that the receptacle or cord connectors will not accept an attachment plug with a different voltage or current rating than that for which the device is intended.

Exception: A 20-ampere T-slot receptacle or cord connector shall be permitted to accept a 15-ampere attachment plug of the same voltage rating.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of Section heading filed 11-3-83 (Register 83, o. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37.)

4. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2510.58. Non-Grounding-Type Receptacles, Adapters, Cord Connectors, and Attachment Plugs.

Note • History

(a) Nongrounding-type receptacles and connectors shall not be used for grounding-type attachment plugs.

(b) Adapters. Two-pole to three-pole adapters shall not be used. Adapters permitting change to different rated (amperes or volts) configurations shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (b) and (d) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 52. Appliances

GENERAL

§2522.2. Energized Parts.

Note • History

(a) Appliances shall have no live parts normally exposed to contact.

Exception: Toasters, grills, or other appliances in which the current-carrying parts at high temperatures are necessarily exposed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

INSTALLATION OF APPLIANCES

§2522.7. General.

Note • History

All appliances shall be installed in an approved manner.

(Title 24, Part 3, Section 422-7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.8. Flexible Cords. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer of section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2522.9. Portable Immersion Heaters.

Note • History

Electric heaters of the portable immersion type shall be so constructed and installed that current-carrying parts are effectively insulated from electrical contact with the substance in which they are immersed. The authority having jurisdiction may make exceptions for special applications of apparatus if suitable precautions are taken.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.10. Protection of Combustible Material.

Note • History

Each electrically heated appliance that is intended by size, weight, and service to be located in a fixed position shall be so placed as to provide ample protection between the appliance and adjacent combustible material.

(Title 24, Part 3, Section 422-10.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.11. Stands for Portable Appliances.

Note • History

Each smoothing iron and other portable electrically heated appliance intended to be applied to combustible material shall be equipped with an approved stand, which shall be permitted to be a separate piece of equipment or a part of the appliance.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.12. Signals for Heated Appliances.

Note • History

Electrically heated appliance or group of appliances intended to be applied to combustible material shall be provided with a signal.

Exception: If an appliance is provided with an integral temperature-limiting device.

(Title 24, Part 3, Section 422-12.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.15. Infrared Lamp Industrial Heating Appliances.

Note • History

(a) Infrared heating lamps rated at 300 watts or less shall be permitted with lampholders of the medium-base, unswitched porcelain type or other types approved for the purpose.

(b) Screw shell lampholders shall not be used with infrared lamps over 300 watts rating.

Exception: Lampholders approved for the purpose.

(c) Lampholders shall be permitted to be connected to any of the branch circuits supplying lighting and/or appliance loads and, in industrial occupancies, shall be permitted to be operated in series on circuits of over 150 volts to ground provided the voltage rating of the lampholders is not less than the circuit voltage.

Each section, panel, or strip carrying a number of infrared lampholders (including the internal wiring of such section, panel, or strip) shall be considered an appliance. The terminal connection block of each such assembly shall be considered an individual outlet.

(Title 24, Part 3, Section 422-15.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (c) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.17. Wall-Mounted Ovens and Counter-Mounted Cooking Units.

Note • History

(a) Wall-mounted ovens and counter-mounted cooking units complete with provisions for mounting and for making electrical connections shall be considered as fixed appliances.

(b) A separable connector or a plug and receptacle combination in the supply line to an oven or cooking unit used only for ease in servicing or for installation shall:

(1) Not be installed as the disconnecting means.

(2) Be approved for the temperature of the space in which it is located.

(Title 24, Part 3, Section 422-17.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

CONTROL AND PROTECTION OF APPLIANCES

§2522.20. Disconnecting Means.

Note • History

Each appliance shall have a means to disconnect it from all ungrounded conductors. If an appliance is supplied by more than one source, the disconnecting means shall be grouped and identified.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2522.21. Disconnection of Fixed Appliances.

Note • History

(a) For fixed appliances rated at not over 300 volt amperes or 1/8 hp., the branch circuit overcurrent device shall be permitted to serve as the disconnecting means.

(b) For fixed appliances of greater rating the branch circuit switch or circuit breaker shall be permitted to serve as the disconnecting means where readily accessible to the user of the appliance.

(Title 24, Part 3, Section 422-21.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (b) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.22. Disconnection of Portable Appliances.

Note • History

(a) For portable appliances, a separable connector or an attachment plug and receptacle shall be permitted to serve as the disconnecting means.

(b) The rating of a receptacle or of a separable connector shall not be less than the rating of any appliance connected thereto.

Exception: Demand factors authorized elsewhere in these Orders shall be permitted to be applied.

(1) Energized Parts. They shall be so constructed and installed as to guard against inadvertent contact with energized parts.

(2) Interrupting Capacity. They shall be capable of interrupting their rated current without hazard to the operator.

(3) Interchange ability. They shall be so designed that they will not fit into receptacles of lesser rating.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.23. Disconnection of Stationary Appliances.

Note • History

(a) For stationary appliances rated at not over 300 volt amperes or 1/8 horsepower, the branch circuit overcurrent device shall be permitted to serve as the disconnecting means.

(Title 24, Part 3, Section 422-21(a).)

(b) For stationary appliances of greater rating, the branch circuit switch or circuit breaker shall be permitted to serve as the disconnecting means where readily accessible to the user of the appliance.

(Title 24, Part 3, Section 422-21(b).)

(c) For cord-connected appliances, such as free-standing household-type ranges and clothes dryers, a separable connector or an attachment plug and receptacle shall be permitted to serve as the disconnecting means. Attachment plugs and connectors shall comply with Section 2522.22(c).

For household electric ranges, an attachment plug and receptacle connection at the rear base of a range, if it is accessible from the front by removal of a drawer, shall be considered as meeting the intent of this rule.

(Title 24, Part 3, Section 422-22(a) and (b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.26. Disconnecting Means for Motor-Driven Appliances.

Note • History

If a switch or circuit breaker serves as the disconnecting means for a stationary or fixed motor-driven appliance of more than 1/8 horsepower, it shall be located within sight from the motor controller and shall comply with the disconnecting means specified in Article 56.

(Title 24, Part 3, Section 422-26.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

MARKING OF APPLIANCES

§2522.30. Nameplate.

Note • History

(a) Each electric appliance shall be provided with a nameplate, giving the identifying name and the rating in volts and amperes, or in volts and watts. If the appliance is to be used on a specific frequency or frequencies, it shall be so marked.

When motor overload protection external to the appliance is required, the appliance shall be so marked.

(b) Marking shall be located so as to be visible or easily accessible after installation.

(Title 24, Part 3, Section 422-30.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2522.31. Marking of Heating Elements.

Note • History

All heating elements that are rated over one ampere, replaceable in the field, and a part of an appliance shall be legibly marked with the ratings in volts and amperes, or in volts and watts, or with the manufacturer's part number.

(Title 24, Part 3, Section 422-31.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2522.32. Appliances Consisting of Motors and Other Loads.

Note • History

Appliances shall be marked in accordance with (a) or (b) below.

(a) In addition to the marking required in Section 2522.30, the marking on an appliance consisting of a motor with other load(s) or motors with or without other load(s) shall specify the minimum circuit size and the maximum rating of the circuit overcurrent protective device.

Exception: No. 1: Portable appliances and other appliances, factory-equipped with cords and attachment plugs, complying with Section 2522.30.

Exception: No. 2: An appliance where both the minimum circuit size and maximum rating of the circuit overcurrent protective device are not more than 15 amperes and complies with Section 2522.30.

(b) An alternate marking method shall be permitted to specify the rating of the largest motor in volts and amperes, and the additional load(s) in volts and amperes or volts and watts in addition to the marking required in Section 2522.30.

Exception: No. 1: Portable appliances and other appliances, factory-equipped with cords and attachment plugs, complying with Section 2522.30.

Exception: No. 2: The ampere rating of a motor 1/8 hp. or less or a nonmotor load one ampere or less shall be permitted to be omitted unless such loads constitute the principal load.

(Title 24, Part 3, Section 422-32.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 53. Fixed Electric Space Heating Equipment

GENERAL

§2524.1. Scope.

Note • History

This article covers fixed electric equipment used for space heating. Equipment shall be of a type approved for the purpose and location where installed. For the purpose of this article, heating equipment shall include heating cable, unit heaters, boilers, central systems, or other approved fixed electric space heating equipment. This article shall not apply to process heating and room air conditioning.

(Title 24, Part 3, Section 424-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2524.19. Disconnecting Means.

Note • History

Means shall be provided to disconnect the heater, controller(s), and overcurrent protective device(s) of all fixed electric space heating equipment from all ungrounded conductors.

(Title 24, Part 3, Section 424-19.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2524.21. Switch and Circuit Breaker to Be Indicating.

Note • History

Switches and circuit breakers used as disconnecting means shall be of the indicating type.

(Title 24, Part 3, Section 424-21.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2524.65. Location of Disconnecting Means.

Note • History

Duct heater controller equipment shall be accessible with the disconnecting means installed at or within sight from the controller.

Exception: The disconnecting means shall be arranged to be locked in the “open” position if it is not within sight of the controller. A distance of 50 feet shall be considered as equivalent to being out of sight.

(Title 24, Part 3, Section 424-65.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 54. Fixed Outdoor Electric De-Icing and Snow Melting Equipment

GENERAL

§2526.1. Scope.

Note • History

This article covers electrically energized heating units, panels, and cables where embedded in driveways, walks, steps, and other areas.

(Title 24, Part 3, Section 426-1(a).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

CONTROL AND PROTECTION

§2526.20. Disconnecting Means.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering and amendment of Section 2526.20 to Section 2526.50 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2526.50. Disconnecting Means.

Note • History

All fixed outdoor electric de-icing and snow melting equipment shall be provided with a means for disconnection from all ungrounded conductors. Where readily accessible to the user of the equipment, the branch circuit switch or circuit breaker shall be permitted to serve as the disconnecting means. Switches used as disconnecting means shall be of the indicating type.

(Title 24, Part 3, Section 426-50.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2526.20 to Section 2526.50 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For history of former section, see Register 83, No. 45.

Article 55. Fixed Electric Heating Equipment for Pipelines and Vessels

GENERAL

§2527.1. Scope.

Note • History

The requirements of this article shall apply to electrically energized heating systems and the installation of these systems used with pipelines and/or vessels. This article covers electrical heating of pipelines and/or vessels by separate external heating elements, other than the skin electric current tracing or impedance methods.

(Title 24, Part 3, Section 427-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2527.2. Definitions.

Note • History

For the purpose of this article:

(a) A pipeline is a length of pipe including pumps, valves, flanges, control devices, strainers and/or similar equipment for conveying fluids.

(b) A vessel is a container such as a barrel, drum, or tank for holding fluids or other material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

INSTALLATION

§2527.10. General.

Note • History

Equipment for pipeline and vessel electrical heating shall be of a type compatible with the chemical, thermal and physical environment.

(Title 24, Part 3, Section 427-10.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2527.11. Use.

Note • History

Electric heating equipment shall be installed in such a manner as to be afforded protection from physical damage.

(Title 24, Part 3, Section 427-11.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2527.12. Marking. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering and amendment of Section 2527.12 to Section 2527.13 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2527.13. Identification.

Note • History

The presence of electric pipeline and vessel heating equipment shall be evident by the posting of appropriate signs or other markings at frequent intervals in the area involved.

(Title 24, Part 3, Section 427-13.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2527.12 to Section 2527.13 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

CONTROL AND PROTECTION

§2527.20. Disconnecting Means. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering of Section 2527.20 to Section 2527.55 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2527.22. Overcurrent Protection.

Note • History

Heaters shall be protected against overcurrent.

(Title 24, Part 3, Section 3-427-22.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2527.55. Disconnecting Means.

Note • History

(a) Means shall be provided to disconnect all fixed electric pipeline or vessel heating equipment from all ungrounded conductors. The branch circuit switch or circuit breaker, where readily accessible to the user of the equipment, shall be permitted to serve as the disconnecting means. Switches used as disconnecting means shall be of the indicating type, and shall be provided with a positive lockout in the “off” position.

(b) The factory-installed attachment plug of cord-connected equipment, rated 20 amperes or less and 150 volts or less to ground is an acceptable means of disconnection.

(Title 24, Part 3, Section 427-55.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering of former Section 2527.20 to Section 2527.55 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 56. Motors, Motor Circuits and Controllers

GENERAL

§2530.4. In Sight From.

Note • History

If specified that one equipment shall be “in sight from” another piece of equipment, one shall be visible and not more than 50 feet from the other.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2530.36. Fuses--In Which Conductor. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2530.43. Automatic Restarting.

Note • History

(a) A motor-running overload device that can restart a motor automatically after overload tripping shall not be installed unless approved for use with the motor it protects.

(b) A motor that can restart automatically after shutdown shall not be installed if its automatic restarting can result in injury to persons.

(Title 24, Part 3, Section 430-43.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Change without regulatory effect amending section filed 11-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 47).

§2530.74. Disconnection.

Note • History

(a) General. Control circuits shall be so arranged that they will be disconnected from all sources of supply when the disconnecting means is in the “Open” position. The disconnecting means shall be permitted to consist of two or more separate devices, one of which disconnects the motor and the controller from the source(s) of power supply for the motor, and the other(s), the control circuit(s) from its power supply. Where separate devices are used, they shall be located immediately adjacent to each other.

(Title 24, Part 3, Section 430-74(a) without exceptions.)

(b) Control Transformer in Controller. Where a transformer or other device is used to obtain a reduced voltage for the control circuit and is located in the controller, such transformer or other device shall be connected to the load side of the disconnecting means for the control circuit.

(Title 24, Part 3, Section 430-74(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (a) filed 11-3-83 (Register 83, No. 45).

3. Amendment of subsection (a) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

MOTOR CONTROLLERS

§2530.81. General.

Note • History

This Section, “Motor Controllers,” is intended to require suitable controllers for all motors.

(a) Definition. For definition of “Controller,” see Article 1. For the purpose of this Article, the term “Controller” includes any switch or device normally used to start and stop a motor.

(b) Stationary Motor of 1/8 Horsepower or Less. For a stationary motor rated at 1/8 horsepower or less that is normally left running and is so constructed that it cannot be damaged by overload or failure to start, such as clock motors and the like, the branch circuit protective device shall be permitted to serve as the controller.

(c) Portable Motor of 1/3 Horsepower or Less. For a portable motor rated at 1/3 horsepower or less, the controller shall be permitted to be an attachment plug and receptacle.

(Title 24, Part 3, Section 430-81.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2530.82. Controller Design.

Note • History

(a) Starting and Stopping. Each controller shall be capable of starting and stopping the motor it controls, and shall be capable of interrupting the stalled-rotor current of the motor.

(b) Autotransformer. An autotransformer starter shall provide an off position, a running position, and at least one starting position. It shall be so designed that it cannot rest in the starting position or in any position that will render the overload device in the circuit inoperative.

(1) Motor-starting rheostats shall be so designed that the contact arm cannot be left on intermediate segments. The point or plate on which the arm rests when in the starting position shall have no electrical connection with the resistor.

(2) Motor-starting rheostats for direct current motors operated from a constant voltage supply shall be equipped with automatic devices that will interrupt the supply before the speed of the motor has fallen to less than 1/3 its normal value.

(Title 24, Part 3, Section 430-82.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2530.83. Rating.

Note • History

The controller shall have a horsepower rating not lower than the horsepower rating of the motor.

Exception: No. 1: For a stationary motor rated at 2 horsepower or less, and 300 volts or less, the controller shall be permitted to be a general-use switch having an ampere rating not less than twice the full load current rating of the motor.
On AC circuits, general-use snap switches suitable only for use on AC (not general-use AC-DC snap switches) shall be permitted to control a motor rated at 2 horsepower or less and 300 volts or less having a full load current rating not more than 80 percent of the ampere rating of the switch.

Exception: No. 2: A branch circuit inverse time circuit breaker rated in amperes only shall be permitted as a controller. Where this circuit breaker is also used for overload protection, it shall conform to the appropriate provisions of this Article governing overload protection.

Exception: No. 3: The motor controller for a torque motor shall have a continuous-duty full load current rating not less than the nameplate current rating of the motor.

(Title 24, Part 3, Section 430-83.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Editorial correction of Exception No. 1 (Register 92, No. 15).

§2530.84. Need Not Open All Conductors.

Note • History

The controller shall not be required to open all conductors to the motor.

Exception: Where the controller serves also as a disconnecting means, it shall open all ungrounded conductors to the motor.

(Title 24, Part 3, Section 430-84.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2530.86. Motor Not in Sight from Controller.

Note • History

(a) If a motor and the driven machinery are not in sight from the controller location, the installation shall comply with one of the following conditions:

(1) The controller disconnecting means shall be capable of being locked in the open position.

(2) A manually operable switch that will disconnect the motor from its source of supply shall be placed in sight from the motor location.

(Title 24, Part 3, Section 430-86.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

DISCONNECTING MEANS

§2530.102. In Sight from Controller Location.

Note • History

An individual disconnecting means shall be provided for each controller. A disconnecting means shall be located in sight from the controller location.

Exception: A single disconnecting means may be located adjacent to a group of coordinated controllers mounted adjacent to each other on a multi-motor continuous process machine.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2530.103. To Disconnect Both Motor and Controller.

Note • History

The disconnecting means shall disconnect the motor and the controller from all ungrounded supply conductors and shall be so designed that no pole can be operated independently. The disconnecting means shall be permitted in the same enclosure with the controller. (See Section 2530.113 for equipment receiving energy from more than one source.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2530.104. To Be Indicating.

Note • History

The disconnecting means shall plainly indicate whether it is in the “open” (off) or “closed” (on) position.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2530.105. Grounded Conductors.

Note • History

One pole of the disconnecting means shall be permitted to disconnect a permanently grounded conductor, provided the disconnecting means is so designed that the pole in the grounded conductor cannot be opened without simultaneously disconnecting all conductors of the circuit.

(Title 24, Part 3, Section 430-105.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2530.106. Service Switch as Disconnecting Means.

Note • History

Where an installation consists of a single motor, the service switch may serve as the disconnecting means if it complies with this Article and is within sight from the controller location.

(Title 24, Part 3, Section 430-106.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2530.107. Readily Accessible.

Note • History

The disconnecting means shall be readily accessible. If more than one disconnect is provided for the same equipment, only one need be readily accessible.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2530.112. Motors Served by Single Disconnecting Means.

Note • History

(a) Each motor shall be provided with an individual disconnecting means.

Exception: A single disconnecting means shall be permitted to serve a group of motors under any one of the following conditions:

(1) Where a number of motors drive several parts of a single machine or piece of apparatus, such as metal or woodworking machines, cranes, and hoists.

(2) Where a group of motors is in a single room within sight from the location of the disconnecting means.

(3) Where a group of motors is under the protection of one set of branch-circuit protective devices.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (a)(1) and (a)(2), new subsection (a)(3) and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2530.113. Energy from More Than One Source.

Note • History

Equipment receiving electrical energy from more than one source shall be provided with disconnecting means from each source of electrical energy immediately adjacent to the equipment served. Each source shall be permitted to have a separate disconnecting means.

(Title 24, Part 3, Section 430-113 without the Exceptions.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2530.120.

Note • History

Motors, motor-control apparatus, and motor branch-circuit conductors shall be protected against overheating due to motor overloads or failure to start, and against short-circuits or ground faults. These provisions do not require overload protection that will stop a motor where a shutdown is likely to introduce additional or increased hazards, as in the case of fire pumps, or where continued operation of a motor is necessary for a safe shutdown of equipment or process and motor overload sensing devices are connected to a supervised alarm.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2530.121.

Note • History

Where live parts of motors or controllers operating at over 150 volts to ground are guarded against accidental contact only by location, and where adjustment or other attendance may be necessary during the operation of the apparatus, suitable insulating mats or platforms shall be provided so that the attendant cannot readily touch live parts unless standing on the mats or platforms.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 57. Transformers and Transformer Vaults (Including Secondary Ties)

§2533.1. Scope.

Note • History

This Article covers the installation of all transformers.

Exception: No: 1: Current transformers.

Exception: No: 2: Dry-type transformers that constitute a component part of other apparatus and comply with the requirements for such apparatus.

Exception: No: 3: Transformers which are an integral part of an X-ray, high-frequency, or electrostatic-coating apparatus.

Exception: No: 4: Transformers for sign and outline lighting that comply with Article 73.

Exception: No: 5: Transformers for electric-discharge lighting that comply with Article 51.

Exception: No: 6: Transformers used for power limited fire protective signaling circuits.

Exception: No: 7: Transformers used with Class 2 and Class 3 circuits.

Exception: No: 8: Liquid-filled or dry-type transformers used for research, development, or testing, where effective arrangements are provided to safeguard unqualified persons from contacting high-voltage terminals or energized conductors.

This Article also covers the installation of transformers in hazardous locations as modified by Article 59.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

GENERAL PROVISIONS

§2533.2. Location.

Note • History

Transformers and transformer vaults shall be readily accessible to qualified personnel for inspection and maintenance.

Exception: Dry-type transformers located in the open on walls, columns, or structures, shall not be required to be readily accessible.

(Title 24, Part 3, Section 450-2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 58. Capacitors

§2534.2. Enclosing and Guarding.

Note • History

(a) Capacitors containing more than 3 gallons of flammable liquid shall be enclosed in vaults or outdoor fenced enclosures.

(b) Capacitors shall be enclosed, located, or guarded so that persons cannot come into accidental contact or bring conducting materials into accidental contact with exposed energized parts, terminals, or buses associated with them.

Exception: No additional guarding is required for enclosures accessible only to authorized and qualified persons.

(Title 24, Part 3, Section 460-2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2534.6. Drainage of Stored Charge.

Note • History

Capacitors shall be provided with an automatic means of draining the stored charge after the capacitor is disconnected from its source of supply.

(a) Time of Discharge. The residual voltage of a capacitor shall be reduced to 50 volts or less within one minute after the capacitor is disconnected from the source of supply.

(b) Means of Discharge. The discharge circuit shall be either permanently connected to the terminals of the capacitor or capacitor bank, or provided with automatic means of connecting it to the terminals of the capacitor bank on removal of voltage from the line. Manual means of switching or connecting the discharge circuit shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2534.8. Disconnecting Means.

Note • History

A disconnecting means shall be provided in each ungrounded conductor for each capacitor bank and shall meet the following requirements:

(a) The disconnecting means shall open all ungrounded conductors simultaneously.

(b) The disconnecting means shall be permitted to disconnect the capacitor from the line as a regular operating procedure.

Exception: A separate disconnecting means shall not be required where a capacitor is connected on the load side of a motor controller.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of Title 24 cross reference filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

4. Amendment filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).

Article 58.1. Storage Batteries

§2535.1. Storage Batteries.

Note • History

Provisions shall be made for sufficient diffusion and ventilation of gases from storage batteries to prevent the accumulation of explosive mixtures. See General Industry Safety Orders, Section 5185 for additional requirements.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 58.1 (section 2535.1) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 59. Hazardous (Classified) Locations

§2540.1. Scope.

Note • History

(a) Applicability. This Article covers the requirements for electric equipment and wiring for all voltages in locations that are classified depending on the properties of the flammable vapors, liquids or gases, or combustible dusts or fibers which may be present therein and the likelihood that a flammable or combustible concentration or quantity is present. Hazardous (classified) locations may be found in occupancies such as, but not limited to, the following: Aircraft hangers, gasoline dispensing and service stations, bulk storage plants for gasoline or other volatile flammable liquids, paint-finishing process plants, health care facilities, agricultural or other facilities where excessive combustible dusts may be present, marinas, boat yards, and petroleum and chemical processing plants. Each room, section or area shall be considered individually in determining its classification.

(1) These hazardous (classified) locations are assigned the following designations:

Class I, Division 1

Class I, Division 2

Class I, Zone 0

Class I, Zone 1

Class I, Zone 2

Class II, Division 1

Class II, Division 2

Class III, Division 1

Class III, Division 2

(b) Classifications.

(1) Class I locations. Class I locations are those in which flammable gases or vapors are or may be present in the air in quantities sufficient to produce explosive or ignitable mixtures. Class I locations include the following:

(A) Class I, Division 1. A Class I, Division 1 location is a location:

1. In which ignitable concentrations of flammable gases or vapors may exist under normal operating conditions; or

2. In which ignitable concentrations of such gases or vapors may exist frequently because of repair or maintenance operations or because of leakage; or

3. In which breakdown or faulty operation of equipment or processes might release ignitable concentrations of flammable gases or vapors, and might also cause simultaneous failure of electric equipment.

Note: This classification usually includes locations where volatile flammable liquids or liquefied flammable gases are transferred from one container to another, interiors of spray booths and areas in the vicinity of spraying and painting operations where volatile flammable solvents are used: locations containing open tanks or vats of volatile flammable liquids; drying rooms or compartments for the evaporation of flammable solvents; locations containing fat and oil extraction equipment using volatile flammable solvents; portions of cleaning and dyeing plants where flammable liquids are used; gas generator rooms and other portions of gas manufacturing plants where flammable gas may escape; inadequately ventilated pump rooms for flammable gas or for volatile flammable liquids; the interiors of refrigerators and freezers in which volatile flammable materials are stored in open, lightly stoppered, or easily ruptured containers; and all other locations where ignitable concentrations of flammable vapors or gases are likely to occur in the course of normal operations.

(B) Class I, Division 2. A Class I, Division 2 location is a location:

1. In which volatile flammable liquids or flammable gases are handled, processed, or used, but in which the hazardous liquids, vapors, or gases will normally be confined within closed containers or closed systems from which they can escape only in the event of accidental rupture or breakdown of such containers or systems, or as a result of abnormal operation of equipment; or

2. in which ignitable concentrations of gases or vapors are normally prevented by positive mechanical ventilation, and which might become hazardous through failure or abnormal operations of the ventilating equipment; or

3. that is adjacent to a Class I, Division 1 location, and to which ignitable concentrations of gases or vapors might occasionally be communicated unless such communication is prevented by adequate positive-pressure ventilation from a source of clean air, and effective safeguards against ventilation failure are provided.

Note: This classification usually includes locations where volatile flammable liquids or flammable gases or vapors are used, but which would become hazardous only in case of an accident or of some unusual operating condition. The quantity of flammable materials that might escape in case of accident, the adequacy of ventilating equipment, the total area involved, and the record of the industry or business with respect to explosions or fires are all factors that merit consideration in determining the classification and extent of each location.

Piping without valves, checks, meters, and similar devices would not ordinarily introduce a hazardous condition even though used for flammable liquids or gases. Locations used for the storage of flammable liquids or of liquefied or compressed gases in sealed containers would not normally be considered hazardous unless also subject to other hazardous conditions.

Electrical conduits and their associated enclosures separated from process fluids by a single seal or barrier are classed as a Division 2 location if the outside of the conduit and enclosures is a non-hazardous location.

1. Ignitable concentrations of flammable gases or vapors are present continuously; or

2. Ignitable concentrations of flammable gases or vapors are present for long periods of time.

NOTE: As a guide in determining when flammable gases or vapors are present continuously or for long periods of time, refer to Recommended Practice for Classification of Locations for Electrical Installations of Petroleum Facilities Classified as Class I, Zone 0, Zone 1 or Zone 2, API RP 505-1997; Electrical Apparatus for Explosive Gas Atmospheres, Classifications of Hazardous Areas, IEC 79-10-1995; Area Classification Code for Petroleum Installations, Model Code--Part 15, Institute for Petroleum; and Electrical Apparatus for Explosive Gas Atmospheres, Classifications of Hazardous (Classified) Locations, ISA S12.24.01-1997.

(D) Class I, Zone 1. A Class I, Zone 1 location is a location in which one of the following conditions exists:

1. Ignitable concentrations of flammable gases or vapors are likely to exist under normal operating conditions; or

2. Ignitable concentrations of flammable gases or vapors may exist frequently because of repair or maintenance operations or because of leakage; or

3. Equipment is operated or processes are carried on of such a nature that equipment breakdown or faulty operations could result in the release of ignitable concentrations of flammable gases or vapors and also cause simultaneous failure of electric equipment in a manner that would cause the electric equipment to become a source of ignition; or

4. A location that is adjacent to a Class I, Zone 0 location from which ignitable concentrations of vapors could be communicated, unless communication is prevented by adequate positive pressure ventilation from a source of clean air and effective safeguards against ventilation failure are provided.

(E) Class I, Zone 2. A Class I, Zone 2 location is a location in which one of the following conditions exists:

1. Ignitable concentrations of flammable gases or vapors are not likely to occur in normal operation and if they do occur will exist only for a short period; or

2. Volatile flammable liquids, flammable gases, or flammable vapors are handled, processed, or used, but in which the liquids, gases, or vapors are normally confined within closed containers or closed systems from which they can escape only as a result of accidental rupture or breakdown of the containers or system or as the result of the abnormal operation of the equipment with which the liquids or gases are handled, processed, or used; or

3. Ignitable concentrations of flammable gases or vapors normally are prevented by positive mechanical ventilation, but which may become hazardous as the result of failure or abnormal operation of the ventilation equipment; or

4. A location that is adjacent to a Class I, Zone 1 location, from which ignitable concentrations of flammable gases or vapors could be communicated, unless such communication is prevented by adequate positive-pressure ventilation from a source of clean air, and effective safeguards against ventilation failure are provided.

(2) Class II Locations. Class II locations are those that are hazardous because of the presence of combustible dust. Class II locations include the following:

(A) Class II, Division 1. A Class II, Division 1 location is a location:

1. In which combustible dust is or may be in suspension in the air under normal operating conditions, in quantities sufficient to produce explosive or ignitable mixtures; or

2. Where mechanical failure or abnormal operation of machinery or equipment might cause such explosive or ignitable mixtures to be produced, and might also provide a source of ignition through simultaneous failure of electric equipment, through operation of protection devices, or from other causes; or

3. In which combustible dusts of an electrically conductive nature may be present.

NOTE: This classification may include areas of grain handling and processing plants, starch plants, sugar-pulverizing plants, malting plants, hay-grinding plants, coal pulverizing plants, areas where metal dusts and powders are produced or processed, and other similar locations that contain dust producing machinery and equipment (except where the equipment is dust-tight or vented to the outside). These areas would have combustible dust in the air, under normal operating conditions, in quantities sufficient to produce explosive or ignitable mixtures. Combustible dusts which are electrically nonconductive include dusts produced in the handling and processing of grain and grain products, pulverized sugar and cocoa, dried egg and milk powders, pulverized spices, starch and pastes, potato and wood flour, oil meal from beans and seed, dried hay, and other organic materials which may produce combustible dusts when processed or handled. Dusts containing magnesium or aluminum are particularly hazardous and the use of extreme caution is necessary to avoid ignition and explosion.

(B) Class II, Division 2. A Class II, Division 2 location is a location where:

1. Combustible dust will not normally be in suspension in the air in quantities sufficient to produce explosive or ignitable mixtures, and dust accumulations will normally be insufficient to interfere with the normal operation of electric equipment or other apparatus, but combustible dust may be in suspension in the air as a result of infrequent malfunctioning of handling or processing equipment; and

2. Resulting combustible dust accumulations on, in, or in the vicinity of the electric equipment may be sufficient to interfere with the safe dissipation of heat from electric equipment or may be ignitable by abnormal operation or failure of electric equipment.

NOTE: This classification includes locations where dangerous concentrations of suspended dust would not be likely, but where dust accumulations might form on or in the vicinity of electric equipment. These areas may contain equipment from which appreciable quantities of dust would escape under abnormal operating conditions or be adjacent to a Class II Division 1 location, as described above, into which an explosive or ignitable concentration of dust may be put into suspension under abnormal operating conditions.

(3) Class III Locations. Class III locations are those that are hazardous because of the presence of easily ignitable fibers or flyings but in which such fibers or flyings are not likely to be in suspension in the air in quantities sufficient to produce ignitable mixtures. Class III locations include the following:

(A) Class III, Division 1. A Class III, Division 1 location is a location in which easily ignitable fibers or materials producing combustible flyings are handled, manufactured, or used.

NOTE: Such locations usually include some parts of rayon, cotton, and other textile mills; combustible fiber manufacturing and processing plants; cotton gins and cotton-seed mills; flax-processing plants; clothing manufacturing plants; woodworking plants, and establishments and industries involving similar hazardous processes or conditions.

Easily ignitable fibers and flyings include rayon, cotton (including cotton linters and cotton waste), sisal or henequen, istle, jute, hemp, tow, cocoa fiber, oakum, baled waste kapok, Spanish moss, excelsior, and other materials of similar nature.

(B) Class III, Division 2. A Class III, Division 2 location is a location in which easily ignitable fibers are stored or handled, other than in the process of manufacture.

(c) Other sections of these Safety Orders. All applicable requirements in these Safety Orders apply to hazardous (classified) locations unless modified by provisions of this Article.

(d) Division and zone classification. In Class I locations, an installation must be classified as using the division classification system meeting Sections 2540.3 and 2540.4 of this Article or using the zone classification system meeting Section 2540.11. In Class II and Class III locations, an installation must be classified using the division classification system meeting Sections 2540.3 and 2540.4.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 59 (sections 2540.1-2540.6) and new article 59 (sections 2540.1, 2540.2 and 2540.4-2540.9) filed 2-1-83, effective thirtieth day thereafter (Register 83, No. 6). For prior history, see Register 75, No. 42.

2. Editorial correction of Note filed 11-2-83 (Register 83, No. 45).

3. Editorial correction filed 11-3-83 (Register 83, No. 45).

4. Amendment of title 24 cross references filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

5. Change without regulatory effect amending (a)(2)(C) Note filed 7-6-93; operative 8-5-93 (Register 93, No. 28).

6. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2540.2. General.

Note • History

(a) Documentation. All areas designated as hazardous (classified) locations under the Class and Zone system and areas designated under the Class and Division system established after May 5, 2008 shall be properly documented. This documentation shall be available to those authorized to design, install, inspect, maintain, or operate electric equipment at the location.

(b) Intrinsically safe equipment. Equipment and associated wiring approved as intrinsically safe shall be permitted in any hazardous (classified) location for which it is approved. Intrinsically safe equipment and wiring shall not be capable of releasing sufficient electrical or thermal energy under normal or abnormal conditions to cause ignition of a specific hazardous atmospheric mixture in its most easily ignited concentration. Abnormal conditions shall include accidental damage to any field-installed wiring, failure of electrical components, application of over-voltage, adjustment and maintenance operations, and other similar conditions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of Title 24 cross references filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2540.3. Electrical Installations.

Note • History

(a) Equipment, wiring methods and installations of equipment in hazardous (classified) locations shall be one or more of the following:

(1) Intrinsically safe.

(2) Approved for the hazardous (classified) location.

(3) Safe for the hazardous (classified) location.

(b) Requirements for each of these options are as follows:

(1) Intrinsically safe equipment. Equipment and associated wiring approved as intrinsically safe shall be permitted in any hazardous (classified) location for which it is approved.

(2) Approved for the hazardous (classified) location.

(A) Equipment shall be approved not only for the class of location, but also for the ignitable or combustible properties of the specific gas, vapor, dust, or fiber that will be present.

NOTE: NFPA 70, the National Electrical Code, lists or defines hazardous gases, vapors, and dusts by “Groups” characterized by their ignitable or combustible properties.

(B) Equipment shall be marked to show the class, group, and operating temperature or temperature range, based on operation in a 40-degree C ambient, for which it is approved. The temperature marking may not exceed the ignition temperature of the specific gas or vapor to be encountered. However, the following provisions modify this marking requirement for specific equipment:

1. Equipment of the nonheat-producing type, such as junction boxes, conduit, and fittings, and equipment of the heat-producing type having a maximum temperature not more than 100 degrees C (212 degrees F) need not have a marked operating temperature or temperature range.

2. Fixed lighting fixtures marked for use in Class I, Division 2 or Class II, Division 2 locations only need not be marked to indicate the group.

3. Fixed general-purpose equipment in Class I locations, other than lighting fixtures, that is acceptable for use in Class I, Division 2 locations need not be marked with the class, group, division, or operating temperature.

4. Fixed dust-tight equipment, other than lighting fixtures, that is acceptable for use in Class II, Division 2 and Class III locations need not be marked with the class, group, division, or operating temperature.

5. Electric equipment suitable for ambient temperatures exceeding 40 degrees C (104 degrees F) shall be marked with both the maximum ambient temperature and the operating temperature or temperature range at that ambient temperature.

(3) Safe for the hazardous (classified) location. Equipment that is safe for the location shall be of a type and design that the employer demonstrates will provide protection from the hazards arising from the combustibility and flammability of vapors, liquids, gases, dusts, or fibers involved.

NOTE: The National Electrical Code, NFPA 70, contains guidelines for determining the type and design of equipment and installations that will meet this requirement. Those guidelines address electric wiring, equipment, and systems installed in hazardous (classified) locations and contain specific provisions for the following: wiring methods, wiring connections; conductor insulation, flexible cords, sealing and drainage, transformers, capacitors, switches, circuit breakers, fuses, motor controllers, receptacles, attachment plugs, meters, relays, instruments, resistors, generators, motors, lighting fixtures, storage battery charging equipment, electric cranes, electric hoists and similar equipment, utilization equipment, signaling systems, alarm systems, remote control systems, local loud speaker and communication systems, ventilation piping, live parts, lightning surge protection, and grounding.

(c) Conduits. All conduits shall be threaded and shall be made wrench-tight. Where it is impractical to make a threaded joint tight, a bonding jumper shall be utilized.

(d) Equipment in Division 2 Locations. Equipment that has been approved for a Division 1 location may be installed in a Division 2 location of the same class and group. General-purpose equipment or equipment in general-purpose enclosures may be installed in Division 2 locations if the employer can demonstrate that the equipment does not constitute a source of ignition under normal operating conditions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Amendment filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2540.4. Protection Techniques.

Note • History

(a) The following are acceptable protection techniques for electric and electronic equipment in hazardous (classified) locations.

(1) Explosion-proof apparatus. This protection technique is permitted for equipment in the Class I, Division 1 and 2 locations for which it is approved.

(2) Dust ignition-proof. This protection technique is permitted for equipment in the Class II, Division 1 and 2 locations for which it is approved.

(3) Dust-tight. This protection technique is permitted for equipment in the Class II, Division 2 and Class III locations for which it is approved.

(4) Purged and pressurized. This protection technique is permitted for equipment in any hazardous (classified) location for which it is approved.

(5) Nonincendive circuit. This protection technique is permitted for equipment in Class I, Division 2; Class II, Division 2; or Class III, Division 1or 2 locations.

(6) Nonincendive equipment. This protection technique is permitted for equipment in Class I, Division 2; Class II, Division 2; or Class III, Division 1 or 2 locations.

(7) Nonincendive component. This protection technique is permitted for equipment in Class I, Division 2; Class II, Division 2; or Class III, Division 1 or 2 locations.

(8) Oil immersion. This protection technique is permitted for current-interrupting contacts in Class I, Division 2 locations as described in these Orders.

(9) Hermetically sealed. This protection technique is permitted for equipment in Class I, Division 2; Class II, Division 2; and Class III, Division 1 or 2 locations.

(10) Other protection techniques. Any other protection technique that meets Section 2540.3 of these Orders is acceptable in any hazardous (classified) location.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of section heading, repealer and new section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2540.5. Commercial Garages, Repair and Storage.

Note • History

(a) Scope. These occupancies shall include locations used for service and repair operations in connection with self-propelled vehicles (including passenger automobiles, buses, trucks, tractors, etc.) in which volatile flammable liquids are used for fuel or power. Areas in which flammable fuel is transferred to vehicle fuel tanks shall conform to Section 2540.8. Parking garages used for parking or storage and where no repair work is done except exchange of parts and routine maintenance requiring no use of electrical equipment, open flames, welding, or the use of volatile flammable liquids are not classified as hazardous areas, but they shall be adequately ventilated to carry off the exhaust fumes of the engines.

(Title 24, Part 3, Section 511-1.)

(b) Hazardous Areas.

(1) Up to a Level of 18 Inches Above the Floor. For each floor the entire area up to a level of 18 inches above the floor shall be considered to be a Class I, Division 2 location except where there is mechanical ventilation providing a minimum of four air changes per hour.

(2) Any Pit or Depression Below Floor Level. Any pit or depression below floor level shall be considered to be a Class I, Division 1 location which shall extend up to said floor level, except that any pit or depression in which six air changes per hour are exhausted at the floor level of the pit shall be permitted to be a Class I, Division 2 location.

(3) Areas Adjacent to Defined Locations with Positive Pressure Ventilation. Areas adjacent to defined locations in which hazardous vapors are not likely to be released such as stock rooms, switchboard rooms and other similar locations shall not be classed as hazardous when mechanically ventilated at a rate of four or more air changes per hour or when effectively cut off by walls or partitions.

(4) Adjacent Areas by Special Permission. Adjacent areas which, by reason of ventilation, air pressure differentials or physical spacing, are such that no hazard exists, shall be classified as nonhazardous.

(5) Fuel Dispensing Units. When fuel dispensing units (other than liquid petroleum gas which is prohibited) are located within buildings, the requirements of Section 2540.8 shall govern. When mechanical ventilation is provided in the dispensing area, the controls shall be interlocked so that the dispenser cannot operate without ventilation as prescribed in Section 2540.1(a)(2).

(6) Portable Lamps. Portable lamps shall be equipped with handle, lampholder, hook and substantial guard attached to the lampholder or handle. All exterior surfaces which might come in contact with battery terminals, wiring terminals, or other objects shall be of nonconducting material or shall be effectively protected with insulation. Lampholders shall be of unswitched type and shall not provide means for plug-in of attachment plugs. Outer shell shall be of molded composition or other material approved for the purpose. Unless the lamp and its cord are supported or arranged in such a manner that they cannot be used in the hazardous areas classified in this section, they shall be of a type approved for such hazardous locations.

(Title 24, Part 3, Section 511-2.)

(c) Battery Charging Equipment. Battery chargers and their control equipment, and batteries being charged shall not be located within hazardous areas.

(Title 24, Part 3, Section 511-7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

§2540.6. Aircraft Hangars.

Note • History

(a) Definition. An aircraft hangar is a location used for storage or servicing of aircraft in which gasoline, jet fuels, or other volatile flammable liquids or flammable gases are used. It shall not include locations used exclusively for aircraft that have never contained such liquids or gases, or that have been drained and properly purged.

(Title 24, Part 3, Section 513-1.)

(b) Classification of Locations.

(1) Below Floor Level. Any pit or depression below the level of the hangar floor shall be classified as a Class I, Division 1 location that shall extend up to said floor level.

(2) Areas Not Cut Off or Ventilated. The entire area of the hangar, including any adjacent and communicating areas not suitably cut off from the hangar, shall be classified as a Class I, Division 2 location up to a level 18 inches above the floor.

(3) Vicinity of Aircraft. The area within 5 feet horizontally from aircraft power plants or aircraft fuel tanks shall be classified as a Class I, Division 2 location that shall extend upward from the floor to a level 5 feet above the upper surface of wings and of engine enclosures.

(4) Areas Suitably Cut Off and Ventilated. Adjacent areas in which flammable liquids or vapors are not likely to be released, such as stock rooms, electrical control rooms, and other similar locations, shall not be classified as hazardous where adequately ventilated and where effectively cut off from the hangar itself by walls or partitions.

(Title 24, Part 3, Section 513-2.)

(c) Mobile Stanchions. Mobile stanchions with electric equipment which is not approved for a hazardous location shall carry at least one permanently affixed warning sign essentially reading:

“WARNING--KEEP 5 FEET CLEAR OF AIRCRAFT ENGINES AND FUEL TANK AREAS.”

(Title 24, Part 3, Section 513-6.)

(d) Aircraft Electrical Systems. Aircraft electrical systems shall be de-energized when the aircraft is stored in a hangar, and whenever possible, while the aircraft is undergoing maintenance.

(Title 24, Part 3, Section 513-6.)

(e) Aircraft Battery--Charging and Equipment. Aircraft batteries shall not be charged when installed in an aircraft located inside or partially inside a hangar. Battery charges and their control equipment shall not be located or operated within any of the hazardous areas. Mobile chargers shall carry at least one permanently affixed warning sign essentially reading:

“WARNING--KEEP 5 FEET CLEAR OF AIRCRAFT ENGINES AND FUEL TANK AREAS.”

Tables, racks, trays, and wiring shall not be located within a hazardous location.

(Title 24, Part 3, Section 513-9.)

(f) External Power Sources for Energizing Aircraft.

(1) Not Less than 18 inches Above Floor. Aircraft energizers shall be so designed and mounted that all electric equipment and fixed wiring will be at least 18 inches above floor level and shall not be operated in a hazardous location.

(2) Marking for Mobile Units. Mobile energizers shall carry at least one permanently affixed warning sign essentially reading:

“WARNING--KEEP 5 FEET CLEAR OF AIRCRAFT ENGINES AND FUEL TANK AREAS.”

(Title 24, Part 3, Section 513-10.)

(g) Mobile Servicing Equipment with Electric Components.

(1) General. Mobile servicing equipment (such as vacuum cleaners, air compressors, air movers, etc.) having electric wiring and equipment not suitable for Class I, Division 2 locations shall be so designed and mounted that all such fixed wiring and equipment will be at least 18 inches above the floor. Such mobile equipment shall not be operated within the hazardous location and shall carry at least one permanently affixed warning sign essentially reading:

“WARNING--KEEP 5 FEET CLEAR OF AIRCRAFT ENGINES AND FUEL TANK AREAS.”

(2) Restricted Use. Mobile equipment not suitable for Class I, Division 2 locations shall not be operated in locations where maintenance operations likely to release flammable liquids or vapors are in progress.

(Title 24, Part 3, Section 513-11(a), (c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

§2540.7. Gasoline Dispensing and Service Stations.

Note • History

(a) Definition. A gasoline dispensing and service station is a location where gasoline or other volatile flammable liquids or liquefied flammable gases are transferred to the fuel tanks (including auxiliary fuel tanks) of self-propelled vehicles.

Other areas used as lubritoriums, service rooms, repair rooms, offices, salesrooms, compressor rooms, and similar locations shall comply with Section 2540.6 with respect to electric wiring and equipment. Where it can be determined that flammable liquids having a flashpoint below 38oC (100oF), such as gasoline, will not be handled, such a location may be classified as nonhazardous.

(Title 24, Part 3, Section 514-1.)

(b) Hazardous Locations.

(1) Vicinity of Dispenser. The space within the dispenser up to 4 feet from its base and the space within 18 inches extending horizontally from the dispenser up to 4 feet from its base shall be considered a Class I, Division 1 location. This classification shall also apply to any space below the dispenser that may contain electric wiring or equipment.

(2) Within 20 Feet of Dispenser. In an outside location, any area (excluding Class I, Division 1, but including buildings not suitably cut off) within 20 feet horizontally from the exterior enclosure of any dispensing pump shall be classified as a Class I, Division 2 location, which shall extend to a level 18 inches above driveway or ground level.

(3) Vicinity of Tank Fill-Pipe. In an outside location, any area (excluding Class I, Division 1, but including buildings not suitably cut off) within 10 feet horizontally from any tank fill-pipe shall be classified as a Class I, Division 2 location, which shall extend upward to a level 18 inches above driveway or ground level.

(4) Below Surface. Electric wiring and equipment, any portion of which is below the surface grade of locations defined as Class I, Division 1 or Division 2 in (1), (2) or (3) above, shall be classified as a Class I, Division 1 location, which shall extend at least to the point of emergency above grade.

(5) Overhead Dispensing Units. Where the dispensing unit, including the hose and hose nozzle valve, is suspended from a canopy, ceiling, or structural support, the Class I, Division 1 location shall include the volume within the enclosure and shall also extend 18 inches in all directions from the enclosure where not suitably cut off by a ceiling or wall. The Class I, Division 2 locations shall extend 2 feet horizontally in all directions beyond the Division I classified location and extend to grade below this classified location. In addition, the horizontal area 18 inches above grade for a distance of 20 feet, measured from a point vertically below the edge of any dispenser enclosure, shall be classified as a Division 2 location. All electric equipment integral with the dispensing hose or nozzle shall be approved for Class I locations.

(6) Vicinity of Tank Vent-Pipe. The spherical volume within a 3-foot radius from point of discharge of any tank vent-pipe shall be classified as a Class I, Division 1 location, and the volume between 3-foot to 5-foot radius from point of discharge of a vent shall be classified as a Class I, Division 2 location. For any vent that does not discharge upward, the cylindrical volume below both the Division 1 and 2 locations extending to the ground shall be classified as a Class I, Division 2 location. The hazardous location shall not extend beyond an unpierced wall.

(7) Pits Below Grade. In addition to the requirements of Section 2540.8(a) (Definition), the space within any pit, or space below grade in lubrication rooms, shall be classified as a Class I, Division 1 location. The area within the entire lubrication room up to 18 inches above the floor or grade, and the space within 3 feet measured in any direction from the dispensing point of a hand-operated unit dispensing Class I liquids, shall be classified as a Class I, Division 2 location.

(8) Vapor Processing (Recovery) System.

(A) Pits. Any pit, box or space below grade level, any part of which is within a Division 1 or 2 classified area or which houses any equipment used to transport or process vapors shall be classified as a Class I, Division 1 location.

(B) Vapor Processing Equipment Located Within Protective Enclosures. The space within any protective enclosure housing vapor processing equipment shall be classified as a Class I, Division 2 location.

(C) Vapor Processing Equipment Not Within Protective Enclosures (excluding piping and combustion device). The space within 18 inches in all directions of equipment containing flammable vapor or liquid extending to grade level and up to 18 inches above grade level within 10 feet horizontally of the vapor processing equipment shall be classified as a Class I, Division 2 location.

(D) Equipment Enclosures. Any area within the enclosure where vapor or liquid is present under normal operating conditions shall be classified as a Class I, Division 2 location. The entire area within the enclosure, other than Division 1, shall be classified as a Class I, Division 2 location.

(E) Vacuum Assist Blowers. The space within 18 inches in all directions extending to grade level and up to 18 inches above grade level within 10 feet horizontally shall be classified as a Class I, Division 2 location.

(Title 24, Part 3, Section 514-2.)

(c) Circuit Disconnects. Each circuit leading to or through a dispensing pump shall be provided with a switch or other acceptable means to disconnect simultaneously from the source of supply all conductors of the circuit, including the grounded neutral, if any.

(Title 24, Part 3, Section 514-5.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (b) Title 24 cross references only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2540.8. Bulk-Storage Plants.

Note • History

(a) Definition. A bulk-storage plant is a location where gasoline or other volatile flammable liquids are stored in tanks having an aggregate capacity of one carload or more, and from which such products are distributed (usually by tank truck). This shall also include locations where volatile flammable liquids are loaded or unloaded from tanker ships.

(Title 24, Part 3, Sections 515-1)

(b) Hazardous Locations.

(1) Pumps, Bleeders, Withdrawal Fittings, Meters and Similar Devices.

(A) Adequately ventilated indoor locations containing pumps, bleeders, withdrawal fittings, meters and similar devices that are located in pipe lines handling flammable liquids under pressure shall be classified as a Class I, Division 2 location with a 5-foot distance extending in all directions from the exterior surface of such devices. The Class I, Division 2 location shall also extend 25 feet horizontally from any surface of these devices and extend up to 3 feet above the floor or grade level.

(B) Inadequately ventilated indoor locations containing pumps, bleeders, withdrawal fittings, meters and similar devices that are located in pipe lines handling flammable liquids under pressure shall be classified as a Class I, Division 1 location within a 5-foot distance extending in all directions from the exterior surface of such devices. The Class I, Division 1 location shall also extend 25 feet horizontally from any surface of the devices and extend upward to 3 feet above floor or grade level.

(C) Outdoor locations containing pumps, bleeders, withdrawal fittings, meters, and similar devices that are located in pipe lines handling flammable liquids under pressure shall be classified as Class I, Division 2 locations within a 3-foot distance extending in all directions from the exterior surfaces of such devices. The Class I, Division 2 location shall also extend up to 18 inches above grade level within 10 feet horizontally from any surface of the devices.

(Title 24, Part 3, Section 515-2.)

(2) Transfer of Flammable Liquids to Individual Containers.

(A) In outdoor locations or wherever positive and reliable mechanical ventilation is provided in indoor locations in which flammable liquids are transferred to individual containers, such locations shall be classified as a Class I, Division 1 location within 3 feet of the vent or fill opening extending in all directions. A Class I, Division 2 location shall be within the space extending between 3-foot and 5-foot radius from the vent or fill opening extending in all directions, and including the area within a horizontal radius of 10 feet from the vent or fill opening and extending to a height of 18 inches above floor or grade levels.

(B) Indoor locations in which flammable liquids are transferred to containers and where positive and reliable mechanical ventilation is not provided shall be classified as Class I, Division 1 locations.

(Title 24, Part 3, Section 515-2.)

(3) Loading and Unloading of Tank Vehicles and Tank Cars in Outside Locations.

(A) The space extending 3 feet in all directions from the dome when loading through an open dome or from the vent when loading through a closed dome with atmospheric venting shall be classified as a Class I, Division 1 location.

(B) The space extending between a 3-foot and 15-foot radius from the dome when loading through an open dome or from the vent when loading through a closed dome with atmospheric venting shall be classified as a Class I, Division 2 location.

(C) The space extending within 3 feet in all directions from a fixed connection used in bottom loading or unloading, loading through a closed dome with atmospheric venting, or loading through a closed dome with a vapor recovery system, shall be classified as a Class I, Division 2 location. In the case of bottom loading or unloading, this classification shall also be applied to the area within a 10-foot radius from the point of connection and extending 18 inches above grade.

(Title 24, Part 3, Section 515-2.)

(4) Aboveground Tanks.

(A) The space above the roof and within the shell of a floating roof type tank shall be classified as a Class I, Division 1 location.

(B) For all types of aboveground tanks, the space within 10 feet from the shell, ends, and roof of other than a floating roof shall be classified as a Class I, Division 2 location. Where dikes are provided, the space inside the dike and extending upward to the top of the dike shall be classified as a Class I, Division 2 location.

(C) The space within 5 feet of a vent opening and extending in all directions shall be classified as a Class I, Division 1 location.

(D) The space between 5 and 10 feet of a vent opening and extending in all directions shall be classified as a Class I, Division 2 location.

(Title 24, Part 3, Section 515-2.)

(5) Pits.

(A) Any pit or depression, any part of which lies within a Division 1 or Division 2 location as defined herein, shall be classified as a Class I, Division 1 location unless provided with positive and reliable mechanical ventilation.

(B) Any such location that is provided with positive and reliable mechanical ventilation shall be classified as a Class I, Division 2 location.

(C) Any pit or depression not within a Division 1 or Division 2 location as defined herein, but that contains piping, valves, or fittings, shall be classified as a Class I, Division 2 location.

(Title 24, Part 3, Section 515-2.)

(6) Docks for Loading and Unloading of Tanker Ships. Docks used for loading and unloading of tanker ships shall conform to Figure 1, “Marine Terminal Handling Flammable Liquids”.

(Title 24, Part 3, Section 515-1(a).)

(A) The interior of a building, any portion of which is located in such Class I, Division 2 locations shall also be classified as a Class I, Division 2 location.

Exception: Buildings which are provided with satisfactory positive ventilation, and safeguards, with air taken from a clean air source may be considered to be a nonhazardous location.

(B) All electrical power driven pumps and transfer apparatus for flammable liquids shall be provided with an identified `STOP' or normal control switch readily accessible to the person operating the equipment.

(Title 24, Part 3, Section 515-(a).)

(7) Garages for Tank Vehicles. Storage and repair garages for tank vehicles shall be classified as a Class I, Division 2 location up to 18 inches above the floor or grade level.

Exception: Where conditions warrant, a more severe classification or greater extent of the hazardous location may be required.

(Title 24, Part 3, Section 515-2.)

(c) Gasoline Dispensing. Where gasoline dispensing is carried on in conjunction with bulk station operations, the applicable provisions of Section 2540.8 shall apply.

(Title 24, Part 3, Section 515-7.)

Embedded Graphic 08.0285

Notes:

(1) The “source of vapor” shall be the operating envelope and stored postion of the outboard flange connection of the loading arm (or hose).

(2) The berth area adjacent to tanker and barge cargo tanks is to be Division 2 of the following extent:

a. 25 ft. (7.6 m) horizontally in all directions on the pier side from that portion of the hull containing cargo tanks.

b. From the water level to 25 ft. (7.6 m) above the cargo tanks at their highest position.

(3) Additional locations may have to be classified as required by the presence of other sources of flammable liquids on the berth, or by Coast Guard or other regulations.

Figure 1. Marine Terminal Handling Flammable Liquids.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Change without regulatory effect amending subsection (b)(6)(D) filed 7-9-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 28).

4. Amendment of subsections (a) and (b)(6), repealer of subsections (b)(6)(A) and (b)(6)(D), subsection relettering, new Figure 1, and amendment of Note filed 8-28-95; operative 9-27-95 (Register 95, No. 35).

5. Change without regulatory effect providing more legible illustration filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

§2540.9. Finishing Processes.

Note • History

(a) Definition. This section covers locations where paints, lacquers, or other flammable finishes are regularly or frequently applied by spraying, dipping, brushing, or by other means; where volatile flammable solvents or thinners are used; and where readily ignitable deposits or residues from such paints, lacquers, or finishes may occur.

(Title 24, Part 3, Section 516-1.)

(b) Hazardous Locations. Classification is with respect to the effects of an exposure to flammable vapors, and in some cases deposits of paint spray residue.

(1) Class I, Division 1 Locations. The following spaces shall be considered Class I, Division 1 locations.

(A) The interiors of spray booths and their exhaust ducts.

(B) Any space in the direct path of spray or any space containing dangerous quantities of air-suspended combustible residue, deposits, vapor or mists as a result of spraying operations more extensive than touch-up spraying and not conducted within spray booths.

(C) For dipping operations, all space within 5 feet in any direction from the vapor source. The vapor source shall be the liquid surface in the dip tank, the wetted surface of the drain board and the surface of the dipped object over either the liquid surface or the wetted surface of the drain board and extending from these surfaces to the floor.

(D) Pits having an opening within Class I, Division 1 and Division 2 locations.

(2) Class I, Division 2 locations. The following spaces shall be considered Class I, Division 2 locations.

(A) For extensive open spraying, all space outside of, but within 20 feet horizontally and 10 feet vertically of the Class I, Division 1 location as defined in Section 2540.9(b)(1) and not separated from it by partitions. See Figure 1.

(B) For spraying operations conducted within a closed top, open face or front spray booth, the space shown in Figures 2 and 3, and the space within 3 feet in all directions from openings other than the open face of front.

The Class I, Division 2 location shown in Figures 2 and 3 shall extend from the open face or front of the spray booth in accordance with the following:

1. If the ventilation system is interlocked with the spraying equipment so as to make the spraying equipment inoperable when the ventilation system is not in operation, the space shall extend 5 feet from the open face or front of the spray booth, and as otherwise shown in Figure 2.

2. If the ventilation system is not interlocked with the spraying equipment so as to make the spraying equipment inoperable when the ventilation system is not in operation, the space shall extend 10 feet from the open face or front of the spray booth, and as otherwise shown in Figure 3.

(C) For spraying operations conducted within an open top spray booth, the space 5 feet above the booth and within the space shown in Figure 3 as a Class I, Division 2 location adjacent to openings.

(D) For spraying operations confined to an enclosed spray booth, the space within 3 feet in all directions from any openings in the spray booth.

(E) For dip tanks and drain boards, and for other hazardous operations, all space beyond the limits for Class I, Division 1 and within 8 feet of the vapor source as defined in (b)(1)(C). In addition, all space from the door to 3 feet above the floor, and extending 20 feet horizontally from the vapor source as defined in (b)(1)(C).

(3) Nonhazardous Locations. Locations utilizing drying, curing, or fusion apparatus and provided with positive mechanical ventilation adequate to prevent formation of flammable concentrations of vapors, and provided with effective interlocks to de-energize all electric equipment (other than equipment approved for Class I locations) in case the ventilating equipment is inoperative, may be classified as nonhazardous.

(Title 24, Part 3, Section 516-2.)

The installation and/or use of fixed and hand-held electrostatic spraying equipment and powder coating shall comply with the applicable provisions of Title 24, Part 3.

Note: The National Electrical Code, 1984 Edition, contains guidelines that are appropriate for determining the type and design of equipment and installations with respect to fixed and hand-held electrostatic spraying and powder coating. The guidelines f this referenced document address electric wiring, equipment and systems installed in hazardous (classified) locations and contains specific provisions for the following: Location of power and control equipment, ventilation, protection from electric shock, protection of high voltage conductors and leads, proper separation of spray heads from materials being sprayed, proper support of materials, proper grounding, guarding and isolation, warning signs and labels, and automatic controls to assure adequate ventilation, minimize shock hazard and preclude arcing in the hazardous location.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (b)(3) and (c) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Change without regulatory effect providing more legible versions of Figures 1-3 filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

Figure 1

Embedded Graphic 08.0286

Figure 2

Embedded Graphic 08.0287

Figure 3

Embedded Graphic 08.0288

§2540.10. Wastewater Wells.

Note • History

(a) Definition.

(1) Sewage Wastewater Well (wet or dry types): A physical structure, usually underground, the prime function of which is to lift wastewater.

(2) Sewage Drywell: A sewage well which does not incorporate a reservoir in addition to the pump(s).

(3) Sewage Wetwell: A sewage well which incorporates a reservoir in addition to the pump(s).

(Title 24, Part 3, Section 3-512-9.)

(b) Hazardous Locations. Sewage wells, and the surrounding enclosure shall be classified in accordance with Section 2540.1 and the following:

(1) Sewage Dry Well. The interior of sewage dry wells shall be classified as a Class I, Division 2 location.

Exception: A sewage dry well shall be permitted to be unclassified provided the following conditions are met:

(A) The well and the surrounding enclosure is treated in accordance with the provisions of the General Industry Safety Orders, Article 108, as a potential confined space; and

(B) The well and surrounding area are provided with a suitable, continuously operating ventilation system to maintain the flammability of the interior atmosphere below 20% of the lower explosive limit (LEL). The air for the ventilation systems shall be supplied from a non-hazardous source. Means shall be provided to automatically de-energize all electrical sources of ignition in the well in the event of ventilation system failure, which would result in the interior atmosphere of the well reading 20% of the lower explosive limit (LEL).

(2) Sewage Wet Well. The interior of sewage wet wells shall be classified as a Class I, Division 1, location.

Exception: No. 1: A sewage wet well shall be permitted to be classified as Class I, Division 2, location provided the following conditions are met:

(A) The well and surrounding area are treated in accordance with the provisions of the General Industry Safety Orders, Article 108, as a potential confined space; and

(B) The well and surrounding area are provided with a suitable, continuously operating ventilation system to maintain the flammability of the interior atmosphere below 20% of the lower explosive limit (LEL). The air for the ventilation system shall be supplied from a non-hazardous source. Means shall be provided to automatically de-energize all electrical sources of ignition in the well in the event of ventilation system failure, which would result in the interior atmosphere of the well reaching 20% of the lower explosive limit (LEL).

Exception: No. 2: A sewage wet well shall be permitted to be classified as a Class I, Division 2, location provided the following conditions are met:

(A) The well and surrounding area are treated in accordance with the provisions of the General Industry Safety Orders, Article 108, as a confined space, and

(B) The pump motor(s) is completely submerged in the water whenever the motor is running, and

(C) The motor controller(s) is identified for use in a Class I location or is located outside the classified location, and

(D) The sensors-transducers are identified as intrinsically safe or for use in a Class I location.

(Title 24, Part 3, Section 3-521-10.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 45).

§2540.11. Class I, Zone 0, 1, and 2 Locations.

Note • History

(a) Scope. Employers may use the zone classification system as an alternative to the division classification system for electric and electronic equipment and wiring for all voltages in Class I, Zone 0, Zone 1, and Zone 2 hazardous (classified) locations where fire or explosion hazards may exist due to flammable gases, vapors, or liquids.

(b) Location and General Requirements.

(1) Locations shall be classified depending on the properties of the flammable vapors, liquids, or gases that may be present and the likelihood that a flammable or combustible concentration or quantity is present. Where pyrophoric materials are the only materials used or handled, these locations need not be classified.

(2) Each room, section, or area shall be considered individually in determining its classification.

(c) Threading. All threaded conduit shall be threaded with an NPT [National (American) Standard Pipe Taper] standard conduit cutting die that provides 3/4-in. taper per foot. The conduit shall be made wrench tight to prevent sparking when fault current flows through the conduit system and to ensure the explosion-proof or flame-proof integrity of the conduit system where applicable.

Equipment provided with threaded entries for field wiring connection shall be installed in accordance with subsection (1) or (2) as follows:

(1) For equipment provided with threaded entries for NPT threaded conduit or fittings, listed conduit, conduit fittings, or cable fittings shall be used.

(2) For equipment with metric threaded entries, such entries shall be identified as being metric, or listed adaptors to permit connection to conduit of NPT-threaded fittings shall be provided with the equipment. Adapters shall be used for connection to conduit or NPT-threaded fittings.

(d) Protection Techniques. One or more of the following protection techniques shall be used for electric and electronic equipment in hazardous (classified) locations classified under the zone classification system.

(1) Flameproof “d.” This protection technique is permitted for equipment in the Class I, Zone 1 locations for which it is approved.

(2) Purged and pressurized. This protection technique is permitted for equipment in the Class I, Zone 1 or Zone 2 locations for which it is approved.

(3) Intrinsic safety. This protection technique is permitted for equipment in the Class I, Zone 0 or Zone 1 locations for which it is approved.

(4) Type of protection “n.” This protection technique is permitted for equipment in the Class I, Zone 2 locations for which it is approved. Type of protection “n” is further subdivided into nA, nC, and nR.

(5) Oil Immersion “o.” This protection technique is permitted for equipment in the Class I, Zone 1 locations for which it is approved.

(6) Increased safety “e.” This protection technique is permitted for equipment in the Class I, Zone 1 locations for which it is approved.

(7) Encapsulation “m.” This protection technique is permitted for equipment in the Class I, Zone 1 locations for which it is approved.

(8) Powder Filling “q.” This protection technique is permitted for equipment in the Class I, Zone 1 locations for which it is approved.

(e) Special Precaution. This Article (Article 59) requires equipment construction and installation that will ensure safe performance under conditions of proper use and maintenance.

(1) Classification of areas and selection of equipment and wiring methods shall be under the supervision of a qualified registered professional engineer.

(2) In instances of areas within the same facility classified separately, Class I, Zone 2 locations may abut, but not overlap, Class I, Division 2 locations. Class I, Zone 0 or Zone 1 locations shall not abut Class I, Division 1 or Division 2 locations.

(3) A Class I, Division 1 or Division 2 location may be reclassified as a Class I, Zone 0, Zone 1, or Zone 2 location only if all of the space that is classified because of a single flammable gas or vapor source is reclassified.

NOTE to subsection (e): Low ambient conditions require special consideration. Electric equipment depending on the protection techniques described by subsection (d)(1) of this section may not be suitable for use at temperatures lower than -20 degrees C (-4 degrees F) unless they are approved for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zone 0, 1, or 2 at normal ambient temperature.

(f) Listing and Marking.

(1) Equipment that is listed for a Zone 0 location may be installed in a Zone 1 or Zone 2 location of the same gas or vapor. Equipment that is listed for a Zone 1 location may be installed in a Zone 2 location of the same gas or vapor.

(2) Equipment shall be marked in accordance with subsections (f)(2)(A) or (f)(2)(B) as follows:

(A) Division equipment. Equipment approved for Class I, Division 1 or Class 1, Division 2 shall, in addition to being marked in accordance with Section 2540.3(b)(2)(B), be marked with the following:

1. Class I, Zone 1 or Class I, Zone 2 (as applicable);

2. Applicable gas classification groups; and

3. Temperature classification; or

(B) Zone equipment. Equipment meeting one or more of the protection techniques described in subsection (d) of this section shall be marked with the following in the order shown:

1. Class, except for intrinsically safe apparatus;

2. Zone, except for intrinsically safe apparatus;

3. Symbol “AEx;”

4. Protection techniques;

5. Applicable gas classification groups; and

6. Temperature classification, except for intrinsically safe apparatus.

NOTE to subsection (f)(2)(B): An example of such a required marking is “Class I, Zone 0, AEx ia IIC T6.” See Figure S-1 for an explanation of this marking.

Exception: to (f)(2): Equipment that the employer demonstrates will provide protection from the hazards arising from the flammability of the gas or vapor and the zone of location involved and will be recognized as providing such protection by employees need not be marked.

NOTE for EXCEPTION: The National Electrical Code, NFPA 70, contains guidelines for determining the type and design of equipment and installations that will meet this provision.

Figure S-1--Example Marking for Class I, Zone 0, AEx ia IIC T6

Embedded Graphic 08.0289

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 60. Oil and Gas Wells

§2548.21. General.

Note • History

(a) Other Orders. The requirements of this Section shall be deemed to be additional to, or amendatory of, those prescribed in Articles 1 through 59.

(b) Scope. This section shall be applicable to oil or gas wells located over water, on man-made islands offshore, or at land-based locations. Areas adjacent to oil or gas wells shall be classified as Class I Locations as outlined below, and installations shall comply with the requirements for such locations.

(c) Definitions. Adequate Ventilation. (As applied to enclosed areas) a mechanical ventilation system supplied from a nonhazardous source that provides for a minimum of 12 air changes per hour.

Enclosed Area. Roofed areas having at least three (3) walls, or open sumps or pits into which highly volatile liquids are run, or areas surrounded by buildings or walls in which flammable vapors may accumulate.

Locomotive Cable. Cable having the physical property of being oil resistant and constructed as to be suitable for application on power and control circuits in diesel or electric locomotives and suitable for oil rigging applications.

Positive Pressure Ventilation. A mechanical ventilation system capable of providing a minimum outward air velocity of 60 feet per minute through all openings.

Hazardous Location. See Section 5416 of the General Industry Safety Orders, Title 8, CAC.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer of Article 60 (Sections 2541.1-2541.16) and renumbering and amendment of Article 67.1 (Sections 2548.21-2548.26) to Article 60 (Sections 2548.21-2548.26) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6). For prior history, see Registers 78, No. 13, and 75, No. 42.

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Editorial correction of subsection (a) filed 11-3-83 (Register 83, No. 45).

4. Amendment of subsections (b) and (c) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2548.22. Drilling Wells.

Note • History

(a) The following areas shall be classified as Class I, Division I Locations:

(1) Below grade well cellars, sumps or ditches (see Figures 2 and 6).

(2) Enclosed and inadequately ventilated areas below the derrick floor (see Figure 1).

(3) Enclosed areas containing mud tanks or shale shakers (see Figures 3, 4, 5 and 6).

Exception: Adequately enclosed areas shall be permitted to be classified as Class I, Division 2 Locations.

(b) The following areas shall be classified as Class I, Division 2 Locations:

(1) Within 10 feet horizontally and 18 inches vertically from the edge of well cellars or other below grade, Class I, Division I Locations.

(2) Within 10 feet radially of the center of the bell nipple in open derricks.

(3) The entire area above the derrick floor in enclosed derricks. (4) Areas adjacent to mud tanks as required in Figures 3 and 4; pits as required in Figure 2; shale shakers as required in Figure 5; or openings as required in Figure 2; in enclosures classified Class I, Division I Location in subsection (a) above.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 118943(c Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (b) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2548.23. Producing Wells.

Note • History

(a) The following areas shall be classified as Class I, Division I Locations:

(1) Below grade well cellars (see Figures 7 and 9).

(2) Enclosed areas; such as, wellhead, compressor or pump rooms where volatile flammable liquids or gases may be present in concentrations sufficient to render the area a hazardous location (see Figures 8, 9 and 10).

Exception: Adequately ventilated enclosed areas shall be permitted to be classified as Class I, Division 2 Locations (see Figure 7).

(b) The following areas shall be classified as Class I, Division 2 Locations:

(1) Within 10 feet horizontally and 18 inches vertically from the well casing and 3 feet radially from the stuffing box of all producing wells equipped with beam pumping units (see Figures 8 and 9).

(2) Within 10 feet horizontally and 18 inches vertically above grade from the edge of well cellars or other below grade Class I, Division I Locations.

(3) Within 10 feet horizontally and vertically from openings in enclosed areas classified as Class I, Division I Locations in Subsection (a) above (see Figures 3, 4, 5 and 10).

(c) Areas within a 10-foot radius of oil field auxiliary equipment, such as gas vents, oil-gas separator vessels, tanks, pumps, compressors and similar equipment, shall be classified in accordance with Figures 11 through 19.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (c) filed 11-3-83 (Register 83, No. 45).

3. Amendment of subsection (c) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Figure 1

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Figure 2

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Figure 3

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Figure 4

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Figure 5

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Figure 6

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Figure 7

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Figure 8

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Figure 9

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Figure 10

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Figure 11

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Figure 12

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Figure 13

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Figure 14

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Figure 15

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Figure 16

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Figure 17

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Figure 18

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Figure 19

Embedded Graphic 08.0308

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment deleting Title 24 cross reference filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Change without regulatory effect providing more legible versions of Figures 1-19 filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

§2548.24. Overload Protection.

Note • History

No overload protection will be required for drilling rigs using railroad locomotive power systems for the draw works, rotary table and mud pumps.

Note: In this electrical system, generators, generator power leads, and DC motors are automatically protected against overload by inherent characteristics of compound and differential field windings in the DC motor and generator, respectively.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2548.25. Wiring Methods.

Note • History

(a) Where drilling platforms are not enclosed around the drilling operation, all wiring and equipment within 25 feet of the casing of the well being drilled shall be of the type required for Class I, Division 2, or be installed in enclosed areas supplied with adequate ventilation. The electrical power supply to wiring and equipment within positive pressure ventilated areas shall be arranged to prevent energizing the electrical wiring and apparatus until air pressure has been established, for not less than 2 minutes, and arranged to automatically actuate an audible and visual alarm with a 5-minute shut-down time delay to allow safe operational shutdown prior to de-energizing the wiring and apparatus when the ventilation fails.

Enclosed areas supplied with positive pressure ventilation from a nonhazardous area shall be permitted to be classified as nonhazardous areas, provided no flammable vapor source exists within the enclosed areas.

(b) Special locomotive cables and other equivalent portable cables may be run in cable trays under the following conditions in all locations:

(1) Open cable trays may be run horizontally under floors or ceilings.

(2) In all locations, solid covers shall be installed on horizontal runs where persons or materials may accidentally contact the conductors.

(3) Vertical runs of trays shall be totally enclosed.

(4) Where the rig moves over a series of wellholes and a transverse section of cable tray drops trailing cables in a long fixed runway tray, cleats or other means shall be used to secure the cable against shifting in the moving section of the tray.

(5) For single hole setups onshore, cables may be buried in the earth or run in covered, wooden troughs between outdoor units of equipment. A substantial nominal 2-inch thick wooden cover, or equivalent, shall be installed over the trough.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting Title 24 cross reference filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2548.26. Lighting.

Note • History

Lighting systems for oil or gas well drilling rigs, production hoists, derricks or masts shall be permitted to be wired using an approved prefabricated assembly of flexible cables with vulcanized, molded or other approved terminating receptacle devices so designed that electric arcs will be confined within the receptacle enclosure which shall be of the concealed contact-type. The lighting fixture shall be of the type permitted for Class I, Division 1 Locations, or of the enclosed gasketed-type. Such assemblies shall be securely fastened to the drilling rig or hoist structure and so located that they will be protected from physical damage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Amendment deleting Title 24 cross reference filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 61. Class II Locations

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 61 (Sections 2542.1-2542.16) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 62. Class III Locations

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 62 (Sections 2543.1-2543.16) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 63. Hazardous (Classified) Locations Specific

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 63 (Sections 2544.1 and 2544.2) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 64. Commercial Garages, Repair and Storage

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 64 (Sections 2545.1-2545.8) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 65. Aircraft Hangars

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 65 (Sections 2546.1-2546.12) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 66. Gasoline Dispensing and Service Stations

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 66 (Sections 2547.1-2547.8) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 67. Bulk Storage Plants

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 67 (Sections 2548.1-2548.8) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 67.1. Oil and Gas Wells

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of Article 67.1 (Sections 2548.21-2548.26) to Article 60 (Sections 2548.21-2548.26) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6). For prior history, see Register 78, No. 13.

Article 68. Finishing Processes

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 68 (Sections 2549.1-2549.8) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

Article 69. Places of Assembly

§2551.1. Scope.

Note • History

This Article covers all buildings or that part of a building or structure designed or intended for use by 100 or more persons for assembly purposes, such as dining, meetings, entertainment, lectures, bowling, worship, dancing or exhibition, and includes museums, gymnasiums, armories, group rooms, mortuaries, skating rinks, pool rooms, places of awaiting transportation, places for deliberation (court rooms), places for sporting events, and similar purposes.

When any such building structures or portion thereof contain a projection booth or stage platform or area for the presentation of theatrical or musical production, either fixed or portable, the wiring for that area shall comply with all applicable provisions of Article 70. (For methods of determining population capacity, see local building code or in its absence Life Safety Code (NFPA No. 101-1981).

(Title 24, Part 3, Section 518-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2551.2. Other Articles.

Note • History

(a) Hazardous areas located in any assemblage occupancy shall be installed in accordance with Article 59.

(b) In exhibition halls used for display booths, as in trade shows, the temporary wiring shall be installed in accordance with Article 13, except that approved portable cables and cords shall be permitted to be laid on floors where protected from contact by the general public.

(Title 24, Part 3, Section 518-2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. New subsection (c) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2551.3. Wiring Methods.

Note • History

The fixed wiring methods shall be metal raceways, nonmetallic raceways encased in not less than 2 inches of concrete. Type ALS cable, Type CS cable, mineral-insulated metal-sheathed cable, or Type MC cable.

Exception: No. 1: Nonmetallic-sheathed cable, Type AC metal-clad cable, and rigid nonmetallic conduit shall be permitted to be installed in those buildings or portions thereof that are not required to be fire rated construction by the applicable building code.

Exception: No. 2: As provided in Article 76, Sound Recording and Similar Equipment, and for communication circuits, remote control and signaling circuits, and for fire protective signaling circuits.

(Fire rated construction is the fire-resistive classification used in building codes.)

(Title 24, Part 3, Section 518-3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 70. Theaters and Similar Locations

GENERAL

§2552.1. Scope.

Note • History

This Article covers all buildings or that part of a building or structure designed or intended to be used for dramatic, musical, motion picture projection, or similar purposes and to areas of motion picture and television studios which incorporate assembly areas.

(Title 24, Part 3, Section 520-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.2. Motion Picture Projectors.

Note • History

Motion picture equipment and its installation and use shall comply with Article 72.

(Title 24, Part 3, Section 520-2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45.)

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.3. Sound Reproduction.

Note • History

Sound reproducing equipment and its installation shall comply with Article 76.

(Title 24, Part 3, Section 520-3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45.)

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

FIXED STAGE SWITCHBOARD

§2552.21. Dead Front.

Note • History

Stage switchboards shall be of the dead-front type.

(Title 24, Part 3, Section 520-21.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.22. Guarding Back of Switchboard.

Note • History

Stage switchboards having exposed live parts on the back of such boards shall be enclosed by the building walls, wire mesh grills, or by other methods approved for the purpose. The entrance to this enclosure shall be by means of a self-closing door.

(Title 24, Part 3, Section 520-22.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.47. Lamps in Scene Docks.

Note • History

Lamps installed in scene docks shall be so located and guarded as to be free from physical damage and shall provide an air space of not less than 2 inches between such lamps and any combustible material.

(Title 24, Part 3, Section 520-47.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

PORTABLE SWITCHBOARDS ON STAGE

§2552.51. Supply.

Note • History

Portable switchboards shall be supplied only from outlets of sufficient voltage and ampere rating. Such outlets shall include only externally operable, enclosed fused switches or circuit breakers mounted on stage or at the permanent switchboard in locations readily accessible from the stage floor. Provisions for connection of an equipment grounding conductor shall be provided.

(Title 24, Part 3, Section 520-51.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.52. Overcurrent Protection.

Note • History

Circuits from portable switchboards directly supplying equipment containing incandescent lamps of not over 300 watts shall be protected by overcurrent devices having a rating or setting of not over 20 amperes. Circuits for lampholders over 300 watts shall be permitted where overcurrent protection complies with Article 10. Other circuits shall be provided with overcurrent devices with a rating or setting not higher than the current required for the connected load.

(Title 24, Part 3, Section 520-52.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.53. Construction.

Note • History

Portable switchboards for use on stages shall comply with (a) through (j) below:

(a) Enclosure. Portable switchboards shall be placed within an enclosure of substantial construction, which shall be permitted to be so arranged that the enclosure is open during operation. Enclosures of wood shall be completely lined with sheet metal of not less than No. 24 MSG and shall be well galvanized, enameled, or otherwise properly coated to prevent corrosion or be of a corrosion-resistant material.

(b) Live Parts. There shall be no exposed live parts within the enclosure.

Exception: For dimmer faceplates as provided in (e) below.

(d) Circuit Protection. Overcurrent devices shall be provided in each ungrounded conductor of every circuit supplied through the switchboard. Enclosures shall be provided for all overcurrent devices in addition to the switchboard enclosure.

(e) Dimmers. The terminals of dimmers shall be provided with enclosures, and dimmer faceplates shall be so arranged that accidental contact cannot be readily made with the faceplate contacts.

(f) Interior Conductors. All conductors within the switchboard enclosure shall be stranded and approved for an operating temperature of 200oC (392oF).

Each conductor shall have an ampacity at least equal to the rating of the circuit breaker, switch, or fuse which it supplies.

Exception: Conductors for incandescent lamp circuits having overcurrent protection of not over 20 amperes.

Conductors shall be enclosed in metal wireways or be securely fastened in position and shall be bushed where they pass through metal.

(g) Pilot Light. A pilot light shall be provided within the enclosure and shall be so connected to the circuit supplying the board that the opening of the master switch will not cut off the supply to the lamp. This lamp shall be on an independent circuit having overcurrent protection rated or set at not over 15 amperes.

(h) Supply Connections. The supply to a portable switchboard shall be by means of Type S, SO, ST, or STO flexible cord terminating within the switchboard enclosure or in an externally operable fused master switch or circuit breaker. The supply cable shall have sufficient ampacity to carry the total load connected to the switchboard and shall be protected by overcurrent devices.

Exception: No. 1: Supply Conductors Not Over 10 Feet Long. In cases where supply conductors do not exceed 10 feet in length between supply and switchboard or supply and a subsequent overcurrent device, the ampacity of the supply conductors shall be at least one-quarter of the ampacity of the supply overcurrent protection device where all of the following conditions are met:
a. The supply conductors shall terminate in a single overcurrent protection device that will limit the load to the ampacity of the supply conductors. This single overcurrent device shall be permitted to supply additional overcurrent devices on its load side.
b. The supply conductors shall not penetrate walls, floors, or ceilings, or be run through doors or traffic areas. The supply conductors shall be adequately protected from physical damage.
c. The supply conductors shall be suitably terminated in an approved manner.
d. Conductors shall be continuous without splices or connectors.
e. Conductors shall not be bundled.
f. Conductors shall be supported above the floor in an approved manner.

Exception: No. 2: Supply Conductors Not Over 20 Feet Long. In cases where supply conductors do not exceed 20 feet in length between supply and switchboard or supply and a subsequent overcurrent protection device, the ampacity of the supply conductors shall be at least one-half the rating of the supply overcurrent protection device where all of the following conditions are met:
a. The supply conductors shall terminate in a single overcurrent protection device that will limit the load to the ampacity of the supply conductors. This single overcurrent device shall be permitted to supply additional overcurrent devices on its load side.
b. The supply conductors shall not penetrate walls, floors, or ceilings, or be run through doors or traffic areas. The supply conductors shall be adequately protected from physical damage.
c. The supply conductors shall be suitably terminated in an approved manner.
d. The supply conductors shall be supported in an approved manner at least 7 feet above the floor except at terminations.
e. The supply conductors shall not be bundled.
f. Tap conductors shall be in unbroken lengths.

(i) Cable Arrangement. Cables shall be protected by bushings where they pass through enclosures and shall be so arranged that tension on the cable will not be transmitted to the connections.

(j) Terminals. Terminals to which stage cables are connected shall be so located as to permit convenient access to the terminals.

(Title 24, Part 3, Section 520-53.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

STAGE EQUIPMENT--PORTABLE

§2552.61. Arc Lamps.

Note • History

Arc lamps shall be approved.

(Title 24, Part 3, Section 520-61.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 3).

§2552.62. Portable Plugging Boxes.

Note • History

Portable plugging boxes shall comply with (a) through (d) below.

(a) Enclosure. The construction shall be such that no current-carrying part will be exposed.

(b) Receptacles and Overcurrent Protection. Each receptacle shall have a rating of not less than 30 amperes, and shall have overcurrent protection installed in an enclosure equipped with self-closing doors.

(c) Busbars and Terminals. Busbars shall have an ampacity equal to the sum of the ampere ratings of all the receptacles. Lugs shall be provided for the connection of the master cable.

(d) Flanged Surface Inlets. Flanged surface inlets (recessed plugs) that are used to accept the power shall be rated in amperes.

(Title 24, Part 3, Section 520-62.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.63. Bracket Fixture Wiring.

Note • History

(a) Bracket Wiring. Brackets for use on scenery shall be wired internally, and the fixture stem shall be carried through to the back of the scenery where a bushing shall be placed on the end of the stem.

Exception: Externally wired brackets or other fixtures shall be permitted where wired with cords designed for hard usage that extend through scenery and without joint or splice in canopy of fixture back and terminate in an approved type stage connector located, where practicable, within 18 inches of the fixture.

(b) Mounting. Fixtures shall be securely fastened in place.

(Title 24, Part 3, Section 520-63.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2552.64. Portable Strips.

Note • History

The supply cable shall be protected by bushings where it passes through metal and shall be so arranged that tension on the cable will not be transmitted to the connections.

(Title 24, Part 3, Section 520-64.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.65. Festoons.

Note • History

Joints in festoon wiring shall be staggered where practicable. Lamps enclosed in lanterns or similar devices of combustible material shall be equipped with guards.

(Title 24, Part 3, Section 520-65.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.66. Special Effects.

Note • History

Electrical devices used for simulating lightning, waterfalls, and the like shall be so constructed and located that flames, sparks, or hot particles cannot come in contact with combustible material.

(Title 24, Part 3, Section 520-66.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.67. Cable Connectors.

Note • History

Cable connectors, male and female, for flexible conductors shall be so constructed that tension on the cord or cable will not be transmitted to the connections. The female half of the connector shall be attached to the load end of the power cord or cable. The connector shall be rated in amperes and designed so that differently rated devices cannot be connected together. (See Section 2500.10 for pull at terminals.)

(Title 24, Part 3, Section 520-67.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.68. Conductors for Portables.

Note • History

Flexible conductors used to supply portable stage equipment shall be Type S, SO, ST, or STO.

Exception: Reinforced cord shall be permitted to supply stand lamps where the cord is not subject to severe physical damage and is protected by an overcurrent device rated at not over 20 amperes.

(Title 24, Part 3, Section 520-68.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

DRESSING ROOMS

§2552.71. Pendant Lampholders.

Note • History

Pendant lampholders shall not be installed in dressing rooms.

(Title 24, Part 3, Section 520-71.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2552.72. Lamp Guards.

Note • History

All incandescent lamps in dressing rooms, where less than 8 feet from the floor, shall be equipped with open-end guards riveted to the outlet box cover or otherwise sealed or locked in place.

(Title 24, Part 3, Section 520-72.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 71. Motion-Picture Studios and Similar Locations

§2553.1. Scope.

Note • History

The requirements of this Article shall apply to television studios and motion picture studios using either film or electronic cameras (except as covered in Section 2552.1), and exchanges, factories, laboratories, stages, or a portion of the building in which motion-picture films more than 7/8-inch in width are manufactured, exposed, developed, printed, cut, edited, rewound, repaired, or stored.

Note: For methods of protecting against cellulose nitrate film hazards, see Standard for the Storage and Handling of Cellulose Nitrate Motion Picture Film (NFPA No. 40-1982).

(Title 24, Part 3, Section 530-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.12. Portable Wiring.

Note • History

The wiring for stage set lighting, stage effects, electric equipment used as stage properties, and other wiring not fixed as to location shall be done with approved flexible cords and cables. Splices or taps shall be permitted in flexible cords used to supply stage properties when such are made with approved devices and the circuit is protected at not more than 20 amperes. Such cables and cords shall not be fastened by staples or nailing.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.13. Stage Lighting and Effects Control.

Note • History

Switches used for studio stage set lighting and effects (on the stages and lots and on location) shall be of the externally operable type. Where contactors are used as the disconnecting means for fuses, an individual externally operable switch, such as a tumbler switch, for the control of each contactor shall be located at a distance of not more than 6 feet from the contactor, in addition to remote-control switches.

Exception: A single externally operable switch shall be permitted to simultaneously disconnect all the contactors on any one location board, where located at a distance of not more than 6 feet from the location board.

(Title 24, Part 3, Section 530-13.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.14. Plugging Boxes.

Note • History

Each receptacle of plugging boxes shall be rated at not less than 30 amperes.

(Title 24, Part 3, Section 530-14.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.15. Enclosing and Guarding Live Parts.

Note • History

(a) Live parts shall be enclosed or guarded to prevent accidental contact by persons and objects.

(b) All switches shall be of the externally operable type.

(c) Rheostats shall be placed in approved cases or cabinets that enclose all live parts, having only the operating handles exposed.

(d) Current-carrying parts of “bull-switches,” “location boards,” “spiders,” and plugging boxes shall be so enclosed, guarded, or located that persons cannot accidentally come into contact with them or bring conductive material into contact with them.

(Title 24, Part 3, Section 530-15.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2553.16. Portable Lamps.

Note • History

Portable lamps and work lights shall be equipped with portable cords, composition or metal-sheathed porcelain sockets, and substantial guards.

Exception: Portable lamps used as properties in a motion picture set or television stage set, on a studio stage or lot, or on location.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.17. Portable Arc Lamps.

Note • History

Portable arc lamps shall be substantially constructed. The arc shall be provided with an enclosure designed to retain sparks and carbons and to prevent persons or materials from coming into contact with the arc or bare live parts. The enclosures shall be ventilated. All switches shall be of the externally operable type.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.18. Overcurrent Protection--Short-Time Rating.

Note • History

Automatic overcurrent protective devices (circuit breakers or fuses) for motion picture studio stage set lighting and the stage cables for such stage set lighting shall be as given in (a) through (e) below.

Note: Special consideration is given to motion picture studios and similar locations because filming periods are of short duration.

(a) Stage Cables. Stage cables for stage set lighting shall be protected by means of overcurrent devices.

(b) Feeders. In buildings used primarily for motion picture production, the feeders from the substations to the stages shall be protected by means of overcurrent devices (generally located in the substation) having suitable ampere rating. The overcurrent devices shall be permitted to be multipole or single-pole gang-operated. No pole or overcurrent device shall be required in the neutral conductor. The overcurrent device setting for each feeder shall not exceed 400 percent of the ampacity of the feeder.

(c) Location Boards. Overcurrent protection (fuses or circuit breakers) shall be provided at the “location boards.” Fuses in the “location boards” shall have an ampere rating of not over 400 percent of the ampacity of the cables between the “location boards” and the plugging boxes.

(d) Plugging Boxes. Where plugging boxes are not provided with overcurrent devices, each cable or cord smaller than No. 8 supplied through a plugging box shall be attached to the plugging box by means of a plug containing two cartridge fuses or a circuit breaker. The rating of the fuses or the setting of the circuit breaker shall not be over 400 percent of the safe ampacity of the cables or cords.

(e) Lighting. Work lights, stand lamps, and fixtures shall be connected to plugging boxes by means of plugs containing two cartridge fuses not larger than 20 amperes, or they shall be permitted to be connected to special outlets on circuits protected by fuses or circuit breakers rated at not over 0 amperes. Plug fuses shall not be used unless they are on the load side of the fuse or circuit breakers on the “location boards.”

(Title 24, Part 3, Section 530-18.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (e) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.19. Sizing of Feeder Conductors for Television Studio Sets.

Note • History

(a) General. It shall be permissible to apply the demand factors listed in Table 2553.19(a) to that portion of the maximum possible connected load for studio or stage set lighting for all permanently installed feeders between substations and stages and to all permanently installed subfeeders between the main stage switchboard and stage distribution centers or location boards.

TABLE 2553.19(a)

DEMAND FACTORS FOR STAGE SET LIGHTING

Total Stage Set Lighting Feeder Demand

Load (Wattage) Factors

First 50,000 or less at 100%

Next 50,001 to 100,000 at 75%

Next 100,001 to 200,000 at 60%

All over 200,000 50%

(b) Portable Feeders. A demand factor of 50 percent of maximum possible connected load shall be permitted for all portable feeders.

(Title 24, Part 3, Section 530-19.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of Table 2553.19(a) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.20. Grounding.

Note • History

Metal-clad cable, metal raceways, and all noncurrent-carrying metal parts of appliances, devices, and equipment shall be grounded as specified in Article 11. This shall not apply to pendant and portable lamps, to stage lighting and stage sound equipment, nor to other portable or semiportable special stage equipment operating at not over 150 volts to ground.

(Title 24, Part 3, Section 530-20.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

VIEWING, CUTTING, AND PATCHING TABLES

§2553.41. Lamps at Tables.

Note • History

Only composition or metal-sheathed, porcelain, keyless lampholders equipped with suitable means to guard lamps from physical damage and from film and film scrap shall be used at patching, viewing, and cutting tables.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

FILM STORAGE VAULTS

§2553.51. Lamps in Cellulose Nitrate Film Storage Vaults.

Note • History

Lamps in cellulose nitrate film storage vaults shall be rigid fixtures of the glass enclosed and gasketed type. Lamps shall be controlled by a switch having a pole in each ungrounded conductor. This switch shall be located outside of the vault and provided with a pilot light to indicate whether the switch is on or off. This switch shall disconnect from all sources of supply all ungrounded conductors terminating in any outlet in the vault.

(Title 24, Part 3, Section 530-51.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.52. Motors and Other Equipment in Cellulose Nitrate Film Storage Vaults.

Note • History

No receptacles, outlets, electric motors, heaters, portable lights, or other portable electric equipment shall be located in film storage vaults.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

SUBSTATIONS

§2553.64. Working Space and Guarding.

Note • History

Working space and guarding in permanent fixed substations shall comply with Section 2340.16 and 2340.17.

Exception: Switchboards of not over 250 volts DC between conductors, when located in substations or switchboard rooms accessible to qualified persons only, shall not be required to be dead-front.

(Title 24, Part 3, Section 530-64.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.65. Portable Substations.

Note • History

Wiring and equipment in portable substations shall conform to the sections applying to installations in permanent fixed substations; but, due to the limited space available, the working spaces shall be permitted to be reduced, provided that the equipment shall be so arranged that the operator can do his work safely, and so that other persons in the vicinity cannot accidentally come into contact with current-carrying parts or bring conducting objects into contact with them while they are energized.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Cod.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2553.66. Grounding at Substations.

Note • History

Noncurrent-carrying metal parts shall be grounded.

Exception: Frames of DC circuit breakers installed on switchboards.

(Title 24, Part 3, Section 530-66.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 72. Motion Picture Projectors

GENERAL

§2554.1. Scope.

Note • History

This article covers motion picture projectors and associated equipment of the professional and nonprofessional types.

For further information, see Storage and Handling of Cellulose Nitrate Motion Picture Film (NFPA No. 40-1982).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

EQUIPMENT AND PROJECTORS OF THE PROFESSIONAL TYPE

§2554.2. Professional Projector--Definition.

Note • History

The professional projector is a type employing 35- or 70-millimeter film which has a minimum width of 1 3/8 inches (35 mm) and has on each edge 5.4 perforations per inch, or a type using carbon arc, Xenon, or other light source equipment which develops hazardous gases, dust, or radiation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2554.10 to Section 2554.2 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For history of former section, see Register 83, No. 45.

§2554.10. Location of Equipment.

Note • History

Motor generator sets, transformers, rectifiers, rheostats, and similar equipment for the supply or control of current to arc lamps on projectors shall, if practicable, be located in separate rooms. Where placed in the projector room, they shall be so located or guarded that arcs or sparks cannot come in contact with film, and motor generator sets shall have the commutator end or ends protected.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2554.10 to Section 2554.2, and renumbering and amendment of former Section 2554.17 to Section 2554.10 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For history of former section, see Register 83, No. 45.

§2554.11. Equipment Prohibited.

Note • History

Switches, overcurrent devices, or other equipment not normally required or used for projectors, sound reproduction, flood, or other special effect lamps or other equipment shall not be installed in such booths or rooms.

Exception: Remote control switches for the control of auditorium lights or a switch for the motor operating the curtain at the motion picture screen.

(Title 24, Part 3, Section 540-11(b) without Exception 2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2554.19 to Section 2554.11 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For history of former section, see Register 83, No. 45.

§2554.12. Motor-Driven Projectors.

Note • History

Motor-driven projectors shall be approved for the purpose as an assembly or shall comply with all of the following conditions:

(a) A listed projector shall be used.

(b) A listed projector lamp shall be used.

(d) Projectors shall be in charge of a qualified operator.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code, and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (c) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.13. Conductors Size.

Note • History

Conductors supplying outlets for arc projectors of the professional type shall not be smaller than No. 8 and shall be of sufficient size for the projector employed.

(Title 24, Part 3, Section 540-13.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.14. Conductors on Lamps and Hot Equipment.

Note • History

Insulated conductors having a maximum operating temperature of 200oC (392oF) shall be used on all lamps or other equipment where the ambient temperature at the conductors as installed will exceed 50oC (122oF).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.15. Flexible Cords.

Note • History

Cords approved for hard service shall be used on portable equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.16. Lamp Guards.

Note • History

Incandescent lamps in projection rooms or booths shall be provided with an approved lamp guard unless otherwise protected by noncombustible shades or other enclosures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No 37).

§2554.17. Location of Equipment.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering and amendment of Section 2554.17 to Section 2554.10 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.19. Equipment Prohibited.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering and amendment of Section 2554.19 to Section 2554.11 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.20. Approval.

Note • History

Projectors and enclosures for arc, Xenon and incandescent lamps and rectifiers, transformers, rheostats and similar equipment shall be approved.

(Title 24, Part 3, Section 540-20.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.21. Marking.

Note • History

Projectors and other equipment as set forth in Section 2554.20 shall be marked with the name or trademark of the maker and with the voltage and current for which they are designed.

(Title 24, Part 3, Section 540-21.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

EQUIPMENT AND PROJECTORS OF THE NONPROFESSIONAL TYPE

§2554.30. Nonprofessional Projector--Definition.

Note • History

The nonprofessional projector is a type employing film other than that used on professional-type projectors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.31. Booth Not Required.

Note • History

Projectors of the nonprofessional or miniature type, when employing only approved slow-burning (cellulose acetate or equivalent) film, shall be permitted to be operated without a booth.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.32. Approval.

Note • History

Projectors, lamp enclosures, and current-controlling devices and similar devices shall be listed as component parts of the projector equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.33. Source of Illumination.

Note • History

The source of illumination shall be a lamp or a type listed for stereopticon use or for motion picture projection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.34. Marking.

Note • History

(a) Projectors shall be marked with:

(1) The name or trademark of the maker;

(2) The current and voltage for which they are designed; and

(3) For projectors of this type using the standard 35-millimeter film, the wording “For use with slow-burning films only.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2554.35. Nonprofessional Film Marking.

Note • History

The slow-burning (cellulose acetate or equivalent) film shall have a permanent distinctive marker for its entire length identifying the manufacturer and the slow-burning character of the film stock.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

SOUND RECORDING AND REPRODUCTION

§2554.50. Sound Recording and Reproduction.

Note • History

Sound recording and reproduction equipment shall comply with Article 76.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 73. Electric Signs and Outline Lighting

§2560.2. Disconnecting Means.

Note • History

(a) Each sign and outline lighting system, or feeder circuit or branch circuit supplying a sign or outline lighting system, shall be controlled by an externally operable switch or circuit breaker that will open all ungrounded conductors.

Exceptions:

1. A disconnecting means is not required for an exit directional sign located within a building.

2. A disconnecting means is not required for cord-connected signs with an attachment plug.

(b) Each outline lighting installation, and each sign of other than the portable type, shall be controlled by an externally operable switch or breaker which will open all ungrounded conductors.

The disconnecting means shall be within sight of the sign or outline lighting which it controls.

Exception: Signs operated by electronic or electromechanical controllers located external to the sign shall have a disconnecting means located within sight from the controller location. The disconnecting means shall disconnect the sign and the controller from all ungrounded supply conductors and shall be so designed that no pole can be operated independently. The disconnecting means shall be permitted to be in the same enclosure with the controller. The disconnecting means shall be capable of being locked in the “open” position.

(c) For installations built on or after May 5, 2008 signs and outline lighting systems located within fountains shall have the disconnect located at least 5.0 feet (1.52 m) from the inside walls of the fountain.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Repealer of subheading and amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2560.3. Location.

Note • History

(a) The disconnecting means shall be within sight of the sign or outline lighting system that it controls. Where the disconnecting means is out of the line of sight from any section that may be energized, the disconnecting means shall be capable of being locked in the open position.

(b) Signs or outline lighting systems operated by electronic or electromechanical controllers located external to the sign or outline lighting system may have a disconnecting means located within sight of the controller or in the same enclosure with the controller. The disconnecting means shall disconnect the sign or outline lighting system and the controller from all ungrounded supply conductors. It shall be designed so no pole can be operated independently and shall be capable of being locked in the open position.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2560.10. Clearances.

Note • History

(a) Vertical and Horizontal. Signs and outline system enclosures shall have not less than the vertical and horizontal clearances from open conductors specified in the following table:

TABLE 2560.10

CLEARANCES

Vertical clearance above all signs upon which persons can walk 8 feet

Vertical clearance above all signs upon which persons cannot walk 3 feet

Vertical clearance under signs 3 feet

Horizontal clearance from signs 3 feet

(Title 24, Part 3, Section 3-600-10(a).)

(b) Elevation. The bottom of sign and outline lighting enclosures shall not be less than 16 feet above areas accessible to vehicles.

Exception: The bottom of such enclosures may be less than 16 feet above areas accessible to vehicles where such enclosures are protected from physical damage.

(Title 24, Part 3, Section 600-10(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (a) filed 11-3-83 (Register 83, No. 45).

Article 74. Cranes and Hoists

§2561.1. Scope.

Note • History

This Article applies to the installation of electric equipment and wiring used in connection with cranes, monorail hoists, hoists, and all runways.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 74 (Sections 2561.1-2561.55 not consecutive) and new Article 74 (Sections 2561.1-2561.55, not consecutive) filed 11-16-79; effective thirtieth day thereafter (Register 79, No. 46).

2. Amendment filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2561.2. Special Requirements for Particular Locations.

Note • History

Combustible Materials. Where a crane or hoist operates over readily combustible material, the resistors shall be placed in a well ventilated cabinet composed of noncombustible material so constructed that it will not emit flames or molten metal.

Exception: Resistors shall be permitted to be located in a cage or cab constructed of noncombustible material which encloses the sides of the cage or cab from the floor to a point at least 6 inches above the top of the resistors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2561.3. Clearance.

Note • History

(a) On every new installation, major replacement, modification or repair made after March 15, 1972, the dimension of the working space in the direction of access to energized parts which may require examination, adjustment, servicing, or maintenance while energized shall be a minimum of 2.5 feet (762 mm). Where controls are enclosed in cabinets, the doors shall either open at least 90 degrees or be removable.

Note: For the purpose of this section, a major replacement, modification, or repair shall mean 50 percent or more of the current replacement value of the crane or hoist.

(b) On floor operated overhead cranes a suitable work platform with means of access shall be provided, attached to the building structure, or on the overhead crane bridge, giving ready and safe access to electrical control cabinets for service, maintenance or repair.

Exception: Floor operated porta-lift type platforms, rolling scaffolds or similar type platforms may be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting Title 24 cross reference filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2561.7. Lifting Magnets.

Note

All cranes using a lifting magnet shall have a magnet circuit switch of the enclosed type with provision for locking in the “open” position. A separate means for discharging the inductive load of the magnet shall be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§2561.8. Remote Control Circuits.

Note • History

Switching devices shall not be placed in the grounded conductor of remote control circuits.

(Title 24, Part 3, Section 3-610-16.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2561.11. Wiring Method.

Note • History

Conductors shall be enclosed in a raceway or shall be Type MC or MI cable.

Exception: No. 1: Contact conductors so located or arranged that persons cannot inadvertently touch energized parts or bring conducting material into contact with them.

Exception: No. 2: Short lengths of open conductors at resistors, collectors, DC motors and other equipment so located or arranged that persons cannot inadvertently touch energized parts or bring conducting material into contact with them.

Exception: No. 3: Where flexibility is necessary, multi-conductor cable may be used.

Exception: No. 4: Where multi-conductor cable is used with a suspended push button station, the station shall be supported in some suitable manner that protects the electrical connections against strain.

(Title 24, Part 3, Section 610-11.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2561.31. Runway Conductor Disconnecting Means.

Note • History

(a) A disconnecting means shall be provided between the runway contact conductors and the power supply. Such disconnecting means shall consist of a motor-circuit switch, circuit breaker, or molded case switch. The disconnecting means shall open all ungrounded conductors simultaneously and shall be:

(1) Readily accessible and operable from the ground or floor level;

(2) Arranged to be locked in the open position; and

(3) Placed within view of the runway contact conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section heading, section and Note filed 8-25-2003; operative 9-24-2003 (Register 2003, No. 35).

4. Amendment of section heading and repealer and new section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2561.32. Disconnecting Means for Cranes and Monorail Hoists.

Note • History

(a) A motor-circuit switch, molded case switch, or circuit breaker shall be provided in the leads from the runway contact conductors or other power supply on all cranes and monorail hoists.

Exception: The disconnecting means may be omitted where a monorail hoist or hand-propelled crane bridge installation meets all of the following conditions:

(1) The unit is controlled from the ground or floor level;

(2) The unit is within view of the power supply disconnecting means; and

(3) No fixed work platform has been provided for servicing the unit.

(b) The disconnecting means shall be capable of being locked in the open position.

(c) Means shall be provided at the operating station to open the power circuit to all motors of the crane or monorail hoist where the disconnecting means is not readily accessible from the crane or monorail hoist operating station.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Editorial correction of printing error in Exception 3 (Register 94, No. 26).

4. Amendment of section and Note filed 8-25-2003; operative 9-24-2003 (Register 2003, No. 35).

5. Amendment of section heading and repealer and new section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2561.50. Controls. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (h) and (i) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Repealer of section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2561.51. Separate Controls.

Note • History

Each motor shall be provided with an individual controller.

Exception: No. 1: Where two or more motors drive a single hoist, carriage, truck, or bridge, they shall be permitted to be controlled by a single controller.

Exception: No. 2: One controller shall be permitted to be switched between motors provided:

(a) The controller's horsepower rating is not lower than the horsepower rating of the largest motor.

(b) Only one motor is operated at one time.

(Title 24, Part 3, Section 610-51.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2561.55. Limit Switch.

Note • History

A limit switch or other device shall be provided to prevent the load block from passing the safe upper limit of travel of any hoisting mechanism.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 74.1. Elevators, Dumbwaiters, Escalators, Moving Walks, Wheelchair Lifts, and Stairway Chair Lifts

§2562.1. Scope.

Note • History

The following requirements apply to elevators, dumbwaiters, escalators, moving walks, wheelchair lifts, and stairway chair lifts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 74.1 (sections 2562.1-2562.7) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2562.2. Disconnecting Means.

Note • History

Elevators, dumbwaiters, escalators, moving walks, wheelchair lifts, and stairway chair lifts shall have a single means for disconnecting all ungrounded main power supply conductors for each unit.

(a) Control Panels. Control panels not located in the same space as the drive machine shall be located in cabinets with doors or panels capable of being locked closed.

(b) Type. The disconnecting means shall be an enclosed externally operable fused motor circuit switch or circuit breaker capable of being locked in the open position. The disconnecting means shall be a listed device.

(c) Operation. For installations built on or after May 5, 2008 no provision may be made to open or close this disconnecting means from any other part of the premises. If sprinklers are installed in hoistways, machine rooms, or machinery spaces, the disconnecting means may automatically open the power supply to the affected elevators prior to the application of water. No provision may be made to close this disconnecting means automatically (that is, power may only be restored by manual means).

(d) Location. For installations built on or after May 5, 2008 the disconnecting means shall be located where it is readily accessible to qualified persons.

(1) Elevators Without Generator Field Control. On elevators without generator field control, the disconnecting means shall be located within sight of the motor controller. Driving machines or motion and operation controllers not within sight of the disconnecting means shall be provided with a manually operated switch installed in the control circuit adjacent to the equipment in order to prevent starting. Where the driving machine is located in a remote machinery space, a single disconnecting means for disconnecting all ungrounded main power supply conductors shall be provided and be capable of being locked in the open position.

(2) Elevators With Generator Field Control. On elevators with generator field control, the disconnecting means shall be located within sight of the motor controller for the driving motor of the motor-generator set. Driving machines, motor-generator sets, or motion and operation controllers not within sight of the disconnecting means shall be provided with a manually operated switch installed in the control circuit to prevent starting. The manually operated switch shall be installed adjacent to this equipment. Where the driving machine or the motor-generator set is located in a remote machinery space, a single means for disconnecting all ungrounded main power supply conductors shall be provided and be capable of being locked in the open position.

(3) Escalators And Moving Walks. On escalators and moving walks, the disconnecting means shall be installed in the space where the controller is located.

(4) Wheelchair Lifts And Stairway Chair Lifts. On wheelchair lifts and stairway chair lifts, the disconnecting means shall be located within sight of the motor controller.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2562.3. Identification and Signs.

Note • History

For installations built on or after May 5, 2008:

(a) Where there is more than one driving machine in a machine room, the disconnecting means shall be numbered to correspond to the identifying number of the driving machine that they control.

(b) The disconnecting means shall be provided with a sign to identify the location of the supply-side overcurrent protective device.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2562.4. Single-Car and Multicar Installations.

Note • History

For installations built on or after May 5, 2008 on single-car and multicar installations, equipment receiving electrical power from more than one source shall be provided with a disconnecting means for each source of electrical power. The disconnecting means shall be within sight of the equipment served.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2562.5. Warning Sign for Multiple Disconnecting Means.

Note • History

A warning sign shall be mounted on or next to the disconnecting means where multiple disconnecting means are used and parts of the controllers remain energized from a source other than the one disconnected. The sign shall be clearly legible and shall read: “WARNING--PARTS OF THE CONTROLLER ARE NOT DEENERGIZED BY THIS SWITCH.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2562.6. Interconnection Between Multicar Controllers.

Note • History

A warning sign worded as required in Section 2562.5 shall be mounted on or next to the disconnecting means where interconnections between controllers are necessary for the operation of the system on multicar installations that remain energized from a source other than the one disconnected.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2562.7. Motor Controllers.

Note • History

Motor controllers may be located outside the spaces otherwise required by this Article, provided they are in enclosures with doors or removable panels capable of being locked closed and the disconnecting means is located adjacent to or is an integral part of the motor controller. Motor controller enclosures for escalators or moving walks may be located in the balustrade on the side located away from the moving steps or moving treadway. If the disconnecting means is an integral part of the motor controller, it shall be operable without opening the enclosure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 75. Electric Welders

§2563.22. Overcurrent Protection.

Note • History

Overcurrent protection for motor generator arc welders shall be as provided in (a) below. Where the nearest standard rating of the overcurrent device used is under the value specified in this Section, or where the rating or setting specified results in unnecessary opening of the overcurrent device, the next higher rating or setting shall be permitted.

(a) Each welder shall have overcurrent protection rated or set at not more than 200 percent of the rated primary current of the welder.

Exception: An overcurrent device shall not be required for a welder having supply conductors protected by an overcurrent device rated or set at not more than 200 percent of the rated primary current of the welder.

(Title 24, Part 3, Section 630-22.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (a) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2563.23. Disconnecting Means--Arc Welders.

Note • History

(a) A disconnecting means shall be provided in the supply circuit for each arc welder that is not equipped with a disconnect mounted as an integral part of the welder. The disconnecting means shall be a switch or circuit breaker, and its rating shall not be less than that necessary to accommodate overcurrent protection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2563.33. Disconnecting Means--Resistance Welders.

Note • History

(a) A switch or circuit breaker shall be provided by which each resistance welder and its control equipment can be disconnected from the supply circuit. The ampere rating of this disconnecting means may not be less than the supply conductor ampacity. The supply circuit switch may be used as the welder disconnecting means where the circuit supplies only one welder.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 76. Sound Recording and Similar Equipment

§2564.1. Scope.

Note • History

This Article covers equipment and wiring for sound recording and reproduction, centralized distribution of sound, public address, speech-input systems, and electronic organs.

(Title 24, Part 3, Section 640-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2564.6. Grouping of Conductors.

Note • History

Conductors of different systems grouped in the same conduit or other metal enclosure or in portable cords or cables shall comply with (a) through (c) below.

(a) Power-Supply Conductors. Power-supply conductors shall be properly identified and shall be used solely for supplying power to the equipment to which the other conductors are connected.

(b) Leads to Motor Generator or Rotary Converter. Input leads to a motor generator or rotary converter shall be run separately from the output leads.

(c) Conductor Insulation. The conductors shall be insulated individually, or collectively in groups, by insulation at least equivalent to that on the power supply and other conductors.

Exception: Where the power supply and other conductors are separated by a lead sheath or other continuous metallic covering.

(Title 24, Part 3, Section 640-6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 77. Information Technology Equipment

§2565.1. Disconnecting Means. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

3. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Amendment of article heading filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2565.2. Supply Circuits and Interconnecting Cables.

Note • History

(a) Branch-Circuit Conductors. The branch-circuit conductors to which one or more units of a data processing system are connected to a source of supply shall have an ampacity not less than 125 percent of the total connected load.

(b) Connecting Cables. The data processing system shall be permitted to be connected by means of computer or data processing cable or flexible cord and an attachment plug cap or cord-set assembly specifically approved as a part of the data processing system. Separate units shall be permitted to be interconnected by means of flexible cords and cables specifically approved as part of the data processing system. When run on the surface of the floor, they shall be protected against physical damage.

(c) Under Raised Floors. Power cables, communications cables and interconnecting cables associated with the data processing equipment shall be permitted under a raised floor provided:

(1) The raised floor is of suitable construction.

(2) The branch-circuit supply conductors to receptacles are in rigid metal conduit, intermediate metal conduit, electrical metallic tubing, metal wireway, metal surface raceway with metal cover, flexible metal conduit, liquidtight flexible metal conduit, mineral-insulated, metal-sheathed cable, metal-clad cable, or Type AC cable.

(3) Ventilation in the underfloor area is used for the data processing equipment and data processing area only.

(Title 24, Part 3, Section 645.2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction filed 11-2-83 (Register 83, No. 45)

3. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

4. Editorial correction redesignating erroneous subsection (e) as subsection (c)(3) (Register 2008, No. 29).

§2565.3. Disconnecting Means.

Note • History

(a) A disconnecting means shall be provided to disconnect the power to all electronic equipment in an information technology equipment room. There shall also be a similar means to disconnect the power to all dedicated heating, ventilating and air conditioning (HVAC) systems serving the room and to cause all required fire/smoke dampers to close.

Exception: Integrated electrical systems covered by Article 89 need not have the disconnecting means required by this section.

(b) Grouping. The control for these disconnecting means shall be grouped and identified and shall be readily accessible at the principal exit doors. A single means to control both the electronic equipment and HVAC system is permitted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 77.1. X-Ray Equipment

§2566.1. Scope.

Note • History

This Article applies to X-ray equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 77.1 (sections 2566.1-2566.3) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2566.2. Disconnecting Means.

Note • History

(a) A disconnecting means shall be provided in the supply circuit. The disconnecting means shall be operable from a location readily accessible from the X-ray control. For equipment connected to a 120-volt branch circuit of 30 amperes or less, a grounding-type attachment plug cap and receptacle of proper rating may serve as a disconnecting means.

(b) If more than one piece of equipment is operated from the same high-voltage circuit, each piece or each group of equipment as a unit shall be provided with a high-voltage switch or equivalent disconnecting means. The disconnecting means shall be constructed, enclosed, or located so as to avoid contact by employees with its live parts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2566.3. Control.

Note • History

The following requirements apply to industrial and commercial laboratory equipment.

(a) Radiographic and fluoroscopic-type equipment shall be effectively enclosed or shall have interlocks that deenergize the equipment automatically to prevent ready access to live current-carrying parts.

(b) Diffraction- and irradiation-type equipment shall have a pilot light, readable meter deflection, or equivalent means to indicate when the equipment is energized, unless the equipment or installation is effectively enclosed or is provided with interlocks to prevent access to live current-carrying parts during operation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 77.2. Induction and Dielectric Heating Equipment

§2567.1. Scope.

Note • History

This Article applies to induction and dielectric heating equipment and accessories for industrial and scientific applications, but not for medical or dental applications or for appliances.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 77.2 (sections 2567.1-2567.3) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2567.2. Guarding and Grounding.

Note • History

(a) The converting apparatus (including the dc line) and high-frequency electric circuits (excluding the output circuits and remote-control circuits) shall be completely contained within enclosures of noncombustible material.

(b) All panel controls shall be of dead-front construction.

(c) Doors or detachable panels shall be employed for internal access. Where doors are used giving access to voltages from 500 to 600 volts ac or dc, either door locks shall be provided or interlocks shall be installed. Detachable panels not normally used for access to such parts shall be fastened in a manner that will make them difficult to remove (for example, by requiring the use of tools).

(d) Warning labels or signs that read “DANGER--HIGH VOLTAGE--KEEP OUT” shall be attached to the equipment and shall be plainly visible where persons might contact energized parts when doors are opened or closed or when panels are removed from compartments containing over 250 volts ac or dc.

(e) Induction and dielectric heating equipment shall be protected as follows:

(1) Protective cages or adequate shielding shall be used to guard work applicators other than induction heating coils.

(2) Induction heating coils shall be protected by insulation or refractory materials or both.

(3) Interlock switches shall be used on all hinged access doors, sliding panels, or other such means of access to the applicator, unless the applicator is an induction heating coil at dc ground potential or operating at less than 150 volts ac.

(4) Interlock switches shall be connected in such a manner as to remove all power from the applicator when any one of the access doors or panels is open.

(f) A readily accessible disconnecting means shall be provided by which each heating equipment can be isolated from its supply circuit. The ampere rating of this disconnecting means shall not be less than the nameplate current rating of the equipment. The supply circuit disconnecting means is permitted as a heating equipment disconnecting means where the circuit supplies only one piece of equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2567.3. Remote Control.

Note • History

(a) If remote controls are used for applying power, a selector switch shall be provided and interlocked to provide power from only one control point at a time.

(b) Switches operated by foot pressure shall be provided with a shield over the contact button to avoid accidental closing of the switch.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 78. Electrically Driven or Controlled Irrigation Machines

GENERAL

§2568.2. Definitions.

Note • History

Irrigation Machines. An irrigation machine is an electrically driven or controlled machine, with one or more motors, not hand portable, and used primarily to transport and distribute water for agricultural purposes.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register86, No. 37).

§2568.4. Irrigation Cable.

Note • History

(a) Supports. Irrigation cable shall be secured by approved straps, hangers or similar fittings so designed and installed as not to injure the cable. Cable shall be supported at intervals not exceeding 4 feet.

(b) Fittings. Fittings shall be used at all points where irrigation cable terminates. The fittings shall be designed for use with the cable and shall be suitable for the conditions of service.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (b) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2568.8. Disconnecting Means.

Note • History

(a) The main disconnecting means for a center pivot irrigation machine shall be located at the point of connection of electrical power to the machine or shall be visible and not more than 50 feet (15.2 m) from the machine.

(b) The disconnecting means shall be readily accessible and capable of being locked in the open position.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 2568.8 to Section 2568.12, and new Section 2568.8 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37). For prior history, see Register 83, No. 45.

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2568.12. Grounding.

Note • History

The following equipment shall be grounded:

(a) All electrical equipment on the irrigation machine.

(b) All electrical equipment associated with the irrigation machine.

(d) Control panels or control equipment that supply or control electrical equipment to the irrigation machine.

EXCEPTION: Grounding shall not be required on machines where all of the following provisions are met:

(1) The machine is electrically controlled but not electrically driven.

(2) The control voltage is 30 volts or less.

(3) The control or signal circuits are current limited.

(Title 24, Part 3, Section 675-12.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2568.12 to Section 2568.16, and renumbering and amendment of former Section 2568.8 to Section 2568.12 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2568.15. Lightning Protection.

Note • History

If an irrigation machine has a stationary point, a grounding electrode system shall be connected to the machine at the stationary point for lightning protection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2568.16. Energy from More Than One Source.

Note • History

Equipment within an enclosure receiving electrical energy from more than one source shall not be required to have a disconnecting means for the additional source, provided that its voltage is 30 volts or less.

(Title 24, Part 3, Section 675-16).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering and amendment of former Section 2568.12 to Section 2568.16 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2568.23. Disconnecting Means.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 79. Swimming Pools, Fountains and Similar Installations

GENERAL

§2569.1. Scope.

Note • History

The provisions of this Article apply to electric wiring for and equipment in or adjacent to all swimming, wading, therapeutic, and decorative pools and fountains, and hydro-massage bathtubs, whether permanently installed or storable, and to metallic auxiliary equipment, such as pumps, filters, and similar equipment. Therapeutic pools in health care facilities are exempt from these provisions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2569.5. Receptacles.

Note • History

(a) Receptacles. A single receptacle of the locking and grounding type that provides power for a permanently installed swimming pool recirculating pump motor may be located not less than 5 feet (1.52 m) from the inside walls of a pool. All other receptacles on the property shall be located at least 10 feet (3.05 m) from the inside walls of a pool.

(b) Receptacles which are located within 15 feet (4.57 m) or 20 feet (6.08 m) if the installation was built after May 5, 2008, of the inside walls of the pool shall be protected by ground-fault circuit interrupters.

(c) For installations built on or after May 5, 2008 where a pool is installed permanently at a dwelling unit, at least one 125-volt, 15- or 20-ampere receptacle on a general-purpose branch circuit shall be located a minimum of 10 feet (3.05 m) and not more than 20 feet (6.08 m) from the inside wall of the pool. This receptacle shall be located not more than 6.5 feet (1.98 m) above the floor, platform, or grade level serving the pool.

NOTE: In determining these dimensions, the distance to be measured is the shortest path the supply cord of an appliance connected to the receptacle would follow without piercing a floor, wall, or ceiling of a building or other effective permanent barrier.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2569.6. Lighting Fixtures, Lighting Outlets, and Ceiling Suspended (Paddle) Fans.

Note • History

(a) In outdoor pool areas, lighting fixtures, lighting outlets, and ceiling-suspended (paddle) fans may not be installed over the pool or over the area extending 5 feet (1.52 m) horizontally from the inside walls of a pool unless no part of the lighting fixture of a ceiling-suspended (paddle) fan is less than 12 feet (3.66 m) above the maximum water level. However, a lighting fixture or lighting outlet that was installed before April 16, 1981, may be located less than 5 feet (1.52 m) measured horizontally from the inside walls of a pool if it is at least 5 feet (1.52 m) above the surface of the maximum water level and is rigidly attached to the existing structure. It shall also be protected by a ground-fault circuit interrupter installed in the branch circuit supplying the fixture.

(b) Lighting fixtures and lighting outlets installed in the area extending between 5 feet (1.52 m) and 10 feet (3.05 m) horizontally from the inside walls of a pool shall be protected by a ground-fault circuit interrupter unless installed 5 feet (1.52 m) above the maximum water level and rigidly attached to the structure adjacent to or enclosing the pool.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section heading, repealer and new section and amendment of Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2569.7. Cord- and Plug-Connected Equipment.

Note • History

(a) Flexible cords used with the following equipment may not exceed 3 feet (0.9 m) in length and shall have a copper equipment grounding conductor with a grounding-type attachment plug.

(1) Cord- and plug-connected lighting fixtures installed within 16 feet (4.88 m) of the water surface of permanently installed pools.

(2) Other cord- and plug-connected, fixed or stationary equipment used with permanently installed pools.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

PERMANENTLY INSTALLED POOLS

§2569.20. Underwater Equipment.

Note • History

(a) A ground-fault circuit interrupter shall be installed in the branch circuit supplying underwater fixtures operating at more than 15 volts. Equipment installed underwater shall be identified for the purpose.

(b) No underwater lighting fixtures may be installed for operation at over 150 volts between conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

STORABLE POOLS

§2569.30. Pumps.

Note • History

A cord-connected swimming pool filter pump shall incorporate an approved system of double insulation or its equivalent, and shall be provided with means of grounding only the internal and nonaccessible noncurrent-carrying metal parts of the appliance.

The means for grounding shall be an equipment grounding conductor run with the power-supply conductors in the flexible cord that is properly terminated in a grounding-type attachment plug having a fixed grounding contact member.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2569.31. Ground-Fault Circuit Interrupters Required.

Note • History

All electric equipment, including power-supply cords, used with storable swimming pools shall be protected by ground-fault circuit interrupters.

(Title 24, Part 3, Section 680-31.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment deleting subsection (a) designation only filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

FOUNTAINS

§2569.51. Fountains.

Note • History

All electric equipment, including power supply cords, operating at more than 15 volts, and used with fountains shall be protected by ground-fault circuit interrupters.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 80. Emergency Power Systems

§2571.1. Scope.

Note • History

The provisions for emergency power systems apply to circuits, systems, and equipment intended to supply power for illumination and special loads, in the event of failure of the normal supply.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer and new section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

3. Amendment of article heading, section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2571.4. Tests and Maintenance.

Note • History

(a) Systems shall be tested periodically on a schedule acceptable to the authority having jurisdiction to assure their maintenance in proper operating condition.

(b) Where battery systems or unit equipments are involved, including batteries used for starting or ignition in auxiliary engines, the authority having jurisdiction shall require periodic maintenance.

(d) Means for testing all emergency lighting and power systems during maximum anticipated load conditions shall be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsection (d) filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2571.9. Wiring Methods.

Note • History

Emergency circuit wiring shall be kept entirely independent of all other wiring and equipment and may not enter the same raceway, cable, box, or cabinet or other wiring except either where common circuit elements suitable for the purpose are required, or for transferring power from the normal to the emergency source.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2571.14. Emergency Illumination. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2571.16. Emergency Illumination.

Note • History

(a) Emergency illumination shall include all required means of egress lighting, illuminated exit signs, and all other lights necessary to provide illumination.

(b) Where emergency lighting is necessary, the system shall be so arranged that the failure of any individual lighting element, such as the burning out of a light bulb, cannot leave any space in total darkness.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

2. Amendment of section and Note filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2571.19. Switch Location. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering and amendment of Section 2571.19 to Section 2571.21 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2571.21. Switch Location.

Note • History

(a) All manual switches for controlling emergency circuits shall be in locations convenient to authorized persons responsible for their actuation. In places of assembly, such as theaters, a switch for controlling emergency lighting systems shall be located in the lobby or at a place conveniently accessible thereto.

(b) In no case shall a control switch for emergency lighting in a theater or motion picture theater or place of assembly be placed in a motion picture projection booth or on a stage.

Exception: Where multiple switches are provided, one such switch shall be permitted in such locations where so arranged that it can energize but not disconnect the circuit.

(Title 24, Part 3, Section 700-21.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering and amendment of former Section 2571.21 to Section 2571.25, and renumbering and amendment of former Section 2571.19 to Section 2571.21 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2571.25. Accessibility.

Note • History

The branch circuit overcurrent devices in emergency circuits shall be accessible to authorized persons only.

(Title 24, Part 3, Section 700-25.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering and amendment of former Section 2571.21 to Section 2571.25 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2571.30. Signs.

Note • History

For installations built on or after May 5, 2008:

(a) A sign shall be placed at the service entrance equipment indicating the type and location of on-site emergency power sources. However, a sign is not required for individual unit equipment.

(b) Where the grounded circuit conductor connected to the emergency source is connected to a grounding electrode conductor at a location remote from the emergency source, there shall be a sign at the grounding location that shall identify all emergency and normal sources connected at that location.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 81. Stand-By Power Generation Systems

§2575.1. Scope. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2575.10. Legally Required Stand-By Power Generation Systems. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

Article 82. Electrolytic Systems

§2580.1. Scope.

Note • History

The provisions of this article shall apply to electroplating and electrostripping processes.

(Title 24, Part 3, Section 3-669-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2580.2. Wiring Methods. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Renumbering of Section 2580.2 to Section 2580.6 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2580.6. Wiring Methods.

Note • History

(a) Systems not exceeding 50 volts DC. Insulated open conductors on insulators or bare busbars shall be permitted for the supply of electrolytic installations not exceeding 50 volts DC.

(b) Systems exceeding 50 volts DC.

(1) Insulated open conductors on insulators or bare busbars shall be permitted for the supply of electrolytic installations exceeding 50 volts DC, when guarded as required in Section 2340.17.

Exception: Unguarded bare conductors or busbars shall be permitted at the tanks.

(2) When access to the process while energized is necessary, the entrance door guarding the electrolytic process shall be electrically interlocked so that access by employees will be prevented when the voltage exceeds 50 volts DC.

(Title 24, Part 3, Section 3-669-6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering of former Section 2580.2 to Section 2580.6 filed 8-27-86; effective thirtieth day thereafter (Register 86, No. 37).

§2599. General. [Repealed]

History

HISTORY

1. Amendment filed 2-9-55; effective thirtieth day thereafter (Register 55, No. 3).

2. Amendment filed 11-27-62; effective thirtieth day thereafter (Register 62, No. 24).

3. Renumbering of Article 36 to Article 83 (Section 2599) filed 10-14-75; effective thirtieth day thereafter (Register 75, No. 42).

4. Repealer of Article 83 (Section 2599) filed 11-14-75; effective thirtieth day thereafter (Register 75, No. 46).

Article 83. Electrolytic Cells

§2583.1. Scope.

Note • History

This Article applies to the installation of the electrical components and accessory equipment of electrolytic cells, electrolytic cell lines, and process power supply for the production of aluminum, cadmium, chlorine, copper, fluorine, hydrogen peroxide, magnesium, sodium, sodium chlorate, and zinc. Cells used as a source of electric energy and for electroplating processes and cells used for production of hydrogen are not covered by this Article.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 83 (sections 2583.1-2583.8) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2583.2. Application.

Note • History

Installations covered by this Article shall comply with all applicable provisions of these Safety Orders, except as follows:

(a) Overcurrent protection of electrolytic cell dc process power circuits need not comply with the requirements of Article 10, Overcurrent Protection;

(b) Equipment located or used within the cell line working zone or associated with the cell line dc power circuits need not comply with the provisions of Article 11, Grounding; and

(c) Electrolytic cells, cell line conductors, cell line attachments, and the wiring of auxiliary equipment and devices within the cell line working zone need not comply with the provisions of Article 2. Administration, Article 6, Branch Circuits, or Article 8, Outdoor Wiring.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2583.3. Disconnecting Means.

Note • History

If more than one dc cell line process power supply serves the same cell line, a disconnecting means shall be provided on the cell line circuit side of each power supply to disconnect it from the cell line circuit. Removable links or removable conductors may be used as the disconnecting means.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2583.4. Portable Electric Equipment.

Note • History

(a) The frames and enclosures of portable electric equipment used within the cell line working zone may not be grounded, unless the cell line circuit voltage does not exceed 200 volts DC or the frames are guarded.

(b) Ungrounded portable electric equipment shall be distinctively marked and shall employ plugs and receptacles of a configuration that prevents connection of this equipment to grounding receptacles and that prevents inadvertent interchange of ungrounded and grounded portable electric equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2583.5. Power Supply Circuits and Receptacles for Portable Electric Equipment.

Note • History

(a) Circuits supplying power to ungrounded receptacles for hand-held, cord- and plug-connected equipment shall meet the following requirements:

(1) The circuits shall be electrically isolated from any distribution system supplying areas other than the cell line working zone and shall be ungrounded;

(2) The circuits shall be supplied through isolating transformers with primaries operating at not more than 600 volts between conductors and protected with proper overcurrent protection;

(3) The secondary voltage of the isolating transformers may not exceed 300 volts between conductors; and

(4) All circuits supplied from the secondaries shall be ungrounded and shall have an approved overcurrent device of proper rating in each conductor.

(b) Receptacles and their mating plugs for ungrounded equipment may not have provision for a grounding conductor and shall be of a configuration that prevents their use for equipment required to be grounded.

(1) Shall have a distinctive configuration;

(2) Shall be distinctively marked; and

(3) Shall not be used in any other location in the facility.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2583.6. Fixed and Portable Electric Equipment.

Note • History

(a) The following need not be grounded:

(1) AC systems supplying fixed and portable electric equipment within the cell line working zone; and

(2) Exposed conductive surfaces, such as electric equipment housings, cabinets, boxes, motors, raceways and the like that are within the cell line working zone.

(b) Auxiliary electric equipment, such as motors, transducers, sensors, control devices, and alarms, mounted on an electrolytic cell or other energized surface shall be connected to the premises wiring systems by any of the following means:

(1) Multiconductor hard usage or extra hard usage flexible cord;

(2) Wire or cable in suitable nonmetallic raceways or cable trays; or

(3) Wire or cable in suitable metal raceways or metal cable trays installed with insulating breaks such that they will not cause a potentially hazardous electrical condition.

(c) Fixed electric equipment may be bonded to the energized conductive surfaces of the cell line, its attachments, or auxiliaries. If fixed electric equipment is mounted on an energized conductive surface, it shall be bonded to that surface.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2583.7. Auxiliary Nonelectrical Connections.

Note • History

Auxiliary nonelectrical connections such as air hoses, water hoses, and the like, to an electrolytic cell, its attachments, or auxiliary equipment may not have continuous conductive reinforcing wire, armor, braids, or the like.

Hoses shall be of a nonconductive material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2583.8. Cranes and Hoists.

Note • History

(a) The conductive surfaces of cranes and hoists that enter the cell line working zone need not be grounded. The portion of an overhead crane or hoist that contacts an energized electrolytic cell or energized attachments shall be insulated from ground.

(b) Remote crane or hoist controls that may introduce hazardous electrical conditions into the cell line working zone shall employ one or more of the following systems:

(1) Isolated and ungrounded control circuit;

(2) Nonconductive rope operator;

(3) Pendant pushbutton with nonconductive supporting means and with nonconductive surfaces or ungrounded exposed conductive surfaces; or

(4) Radio.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 84. Carnivals, Circuses, Fairs, and Similar Events

§2584.1. Scope.

Note • History

This Article covers the installation of portable wiring and equipment, including wiring in or on all structures, for carnivals, circuses, exhibitions, fairs, traveling attractions, and similar events installed on or after May 5, 2008.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 84 (sections 2584.1-2584.8) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2584.2. Protection of Electric Equipment.

Note • History

Electric equipment and wiring methods in or on rides, concessions, or other units shall be provided with mechanical protection where such equipment or wiring methods are subject to physical damage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2584.3. Services.

Note • History

(a) Services shall be installed in accordance with applicable requirements of these Safety Orders, and, in addition, shall comply with the following:

(1) Service equipment shall not be installed in a location that is accessible to unqualified persons, unless the equipment is lockable; and

(2) Service equipment shall be mounted on solid backing and installed so as to be protected from the weather, unless the equipment is of weatherproof construction.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2584.4. Overhead Conductor Clearances.

Note • History

Amusement rides and amusement attractions shall be maintained not less than 15 feet (4.57 m) in any direction from overhead conductors operating at 600 volts or less, except for the conductors supplying the amusement ride or attraction. Amusement rides or attractions may not be located under or within 15 feet (4.57 m) horizontally of conductors operating in excess of 600 volts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2584.5. Wiring Methods.

Note • History

(a) Flexible cords and cables shall be listed for extra-hard usage. When used outdoors, flexible cords and cables shall also be listed for wet locations and shall be sunlight resistant.

(b) Single conductor cable shall be size No. 2 or larger.

(c) Open conductors are prohibited except as part of a listed assembly or festoon lighting installed in accordance with Article 8, Outdoor Wiring.

(d) Flexible cords and cables shall be continuous without splice or tap between boxes or fittings. Cord connectors shall not be laid on the ground unless listed for wet locations. Connectors and cable connections shall not be placed in audience traffic paths or within areas accessible to the public unless guarded.

(e) Wiring for an amusement ride, attraction, tent, or similar structure shall not be supported by another ride or structure unless specifically identified for the purpose.

(f) Flexible cords and cables run on the ground, where accessible to the public, shall be covered with approved nonconductive mats. Cables and mats shall be arranged so as not to present a tripping hazard.

(g) A box or fitting shall be installed at each connection point, outlet, switch point, or junction point.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2584.6. Inside Tents and Concessions.

Note • History

Electrical wiring for temporary lighting, where installed inside of tents and concessions, shall be securely installed, and, where subject to physical damage, shall be provided with mechanical protection. All temporary lamps for general illumination shall be protected from accidental breakage by a suitable fixture or lampholder with a guard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2584.7. Portable Distribution and Termination Boxes.

Note • History

Employers shall only use portable distribution and termination boxes that meet the following requirements:

(a) Boxes shall be designed so that no live parts are exposed to accidental contact. Where installed outdoors, the box shall be of weatherproof construction and mounted so that the bottom of the enclosure is not less than 6 in. (152 mm) above the ground;

(b) Busbars shall have an ampere rating not less than the overcurrent device supplying the feeder supplying the box. Busbar connectors shall be provided where conductors terminate directly on busbars;

(c) Receptacles shall have overcurrent protection installed within the box. The overcurrent protection shall not exceed the ampere rating of the receptacle, except as permitted in Article 56 for motor loads;

(d) Where single-pole connectors are used, they shall comply with the following:

(1) Where ac single-pole portable cable connectors are used, they shall be listed and of the locking type. Where paralleled sets of current-carrying single-pole separable connectors are provided as input devices, they shall be prominently labeled with a warning indicating the presence of internal parallel connections. The use of single-pole separable connectors shall comply with at least one of the following conditions:

(A) Connection and disconnection of connectors are only possible where the supply connectors are interlocked to the source and it is not possible to connect or disconnect connectors when the supply is energized; or

(B) Line connectors are of the listed sequential-interlocking type so that load connectors are connected in the following sequence:

1. Equipment grounding conductor connection;

2. Grounded circuit-conductor connection, if provided; and

3. Ungrounded conductor connection; and so that disconnection is in the reverse order; or

(C) A caution notice is provided adjacent to the line connectors indicating that plug connection must be in the following sequence:

1. Equipment grounding conductor connection;

2. Grounded circuit-conductor connection, if provided; and

3. Ungrounded conductor connection; and indicating that disconnection is in the reverse order; and

(2) Single-pole separable connectors used in portable professional motion picture and television equipment may be interchangeable for ac or dc use or for different current ratings on the same premises only if they are listed for ac/dc use and marked to identify the system to which they are connected;

(e) Overcurrent protection of equipment and conductors shall be provided; and

(f) The following equipment connected to the same source shall be bonded:

(1) Metal raceways and metal sheathed cable;

(2) Metal enclosures of electrical equipment; and

(3) Metal frames and metal parts of rides, concessions, trailers, trucks, or other equipment that contain or support electrical equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2584.8. Disconnecting Means.

Note • History

(a) Each ride and concession shall be provided with a fused disconnect switch or circuit breaker located within sight and within 6 feet (1.83 m) of the operator's station.

(b) The disconnecting means shall be readily accessible to the operator, including when the ride is in operation.

(c) Where accessible to unqualified persons, the enclosure for the switch or circuit breaker shall be of the lockable type.

(d) A shunt trip device that opens the fused disconnect or circuit breaker when a switch located in the ride operator's console is closed is a permissible method of opening the circuit.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 85. Class 1, Class 2, and Class 3 Remote Control, Signaling, and Power-Limited Circuits

§2585.1. Classification.

Note • History

Class 1, Class 2, and Class 3 remote control, signaling, or power-limited circuits are characterized by their usage and electrical power limitation that differentiates them from light and power circuits. These circuits are classified in accordance with their respective voltage and power limitations as summarized in subsections (a)-(c) below:

(a) A Class 1 power-limited circuit shall be supplied from a source having a rated output of not more than 30 volts and 1000 volt-amperes.

(b) A Class 1 remote control circuit or a Class 1 signaling circuit shall have a voltage not exceeding 600 volts; however, the power output of the source need not be limited.

(c) The power source for a Class 2 or Class 3 circuit shall be listed equipment marked as a Class 2 or Class 3 power source, except as follows:

(1) Thermocouples do not require listing as a Class 2 power source.

(2) A dry cell battery is considered an inherently limited Class 2 power source, provided the voltage is 30 volts or less and the capacity is less than or equal to that available from series-connected No. 6 carbon zinc cells.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 85 (sections 2585.1-2585.3) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2585.2. Marking.

Note • History

A Class 2 or Class 3 power supply unit shall be durably marked where plainly visible to indicate the class of supply and its electrical rating.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2585.3. Separation from Conductors of Other Circuits.

Note • History

For installations built on or after May 5, 2008 cables and conductors of Class 2 and Class 3 circuits may not be placed in any cable, cable tray, compartment, enclosure, manhole, outlet box, device box, raceway, or similar fitting with conductors of electric light, power, Class 1, nonpower-limited fire alarm circuits, and medium power network-powered broadband communications cables unless a barrier or other equivalent form of protection against contact is employed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 86. Fire Alarm Systems

§2586.1. Classifications.

Note • History

Fire alarm circuits shall be classified either as nonpower limited or power limited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 86 (sections 2586.1-2586.4) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2586.2. Power Sources.

Note • History

The power sources for use with fire alarm circuits shall be either power limited or nonpower limited as follows:

(a) The power source of nonpower-limited fire alarm (NPLFA) circuits shall have an output voltage of not more than 600 volts, nominal; and

(b) The power source for a power-limited fire alarm (PLFA) circuit shall be listed equipment marked as a PLFA power source.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2586.3. Separation from Conductors of Other Circuits.

Note • History

(a) Nonpower-limited fire alarm circuits and Class 1 circuits may occupy the same enclosure, cable, or raceway provided all conductors are insulated for maximum voltage of any conductor within the enclosure, cable, or raceway. Power supply and fire alarm circuit conductors are permitted in the same enclosure, cable, or raceway only if connected to the same equipment.

(b) Power-limited circuit cables and conductors may not be placed in any cable, cable tray, compartment, enclosure, outlet box, raceway, or similar fitting with conductors of electric light, power, Class 1, non-power-limited fire alarm circuit conductors, or medium power network-powered broadband communications circuits.

(c) Power-limited fire alarm circuit conductors shall be separated at least 2 in. (50.8 mm) from conductors of any electric light, power, Class 1, nonpower-limited fire alarm, or medium power network-powered broadband communications circuits unless a special and equally protective method of conductor separation is employed.

(d) Conductors of one or more Class 2 circuits are permitted within the same cable, enclosure, or raceway with conductors of power-limited fire alarm circuits provided that the insulation of Class 2 circuit conductors in the cable, enclosure, or raceway is at least that needed for the power-limited fire alarm circuits.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2586.4. Identification.

Note • History

Fire alarm circuits shall be identified at terminal and junction locations in a manner that will prevent unintentional interference with the signaling circuit during testing and servicing. Power-limited fire alarm circuits shall be durably marked as such where plainly visible at terminations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 87. Communications Systems

§2587.1. Scope.

Note • History

This Article applies to central-station-connected and non-central-station-connected telephone circuits, radio and television receiving and transmitting equipment, including community antenna television and radio distribution systems, telegraph, district messenger, and outside wiring for fire and burglar alarm, and similar central station systems. These installations need not comply with the provisions of Article 2 through Article 86 of these Low-Voltage Electrical Safety Orders, except for Section 2375.7 and Article 59.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 87 (sections 2587.1-2586.5) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2587.2. Protective Devices.

Note • History

(a) A listed primary protector shall be provided on each circuit run partly or entirely in aerial wire or aerial cable not confined within a block.

(b) A listed primary protector shall be also provided on each aerial or underground circuit when the location of the circuit within the block containing the building served allows the circuit to be exposed to accidental contact with electric light or power conductors operating at over 300 volts to ground.

(c) In addition, where there exists a lightning exposure, each interbuilding circuit on premises shall be protected by a listed primary protector at each end of the interbuilding circuit.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2587.3. Conductor Location.

Note • History

(a) Lead-in or aerial-drop cables from a pole or other support, including the point of initial attachment to a building or structure, shall be kept away from electric light, power, Class 1, or nonpower-limited fire alarm circuit conductors so as to avoid the possibility of accidental contact.

(b) A separation of at least 6 feet (1.83 m) shall be maintained between communications wires and cables on buildings and lightning conductors.

(c) Where communications wires and cables and electric light or power conductors are supported by the same pole or run parallel to each other in-span, the following conditions shall be met:

(1) Where practicable, communication wires and cables on poles shall be located below the electric light or power conductors; and

(2) Communications wires and cables shall not be attached to a crossarm that carries electric light or power conductors.

(d) Indoor communications wires and cables shall be separated at least 2 in. (50.8 mm.) from conductors of any electric light, power, Class 1, non-power-limited fire alarm, or medium power network-powered broadband communications circuits, unless a special and equally protective method of conductor separation, identified for the purpose, is employed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2587.4. Equipment Location.

Note • History

Outdoor metal structures supporting antennas, as well as self-supporting antennas such as vertical rods or dipole structures, shall be located as far away from overhead conductors of electric light and power circuits of over 150 volts to ground as necessary to prevent the antenna or structure from falling into or making accidental contact with such circuits.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2587.5. Grounding.

Note • History

(a) If exposed to contact with electric light and power conductors, the metal sheath of aerial cables entering buildings shall be grounded or shall be interrupted close to the entrance to the building by an insulating joint or equivalent device. Where protective devices are used, they shall be grounded in an approved manner.

(b) Masts and metal structures supporting antennas shall be permanently and effectively grounded without splice or connection in the grounding conductor.

(c) Transmitters shall be enclosed in a metal frame or grill or separated from the operating space by a barrier, all metallic parts of which are effectively connected to ground. All external metal handles and controls accessible to the operating personnel shall be effectively grounded. Unpowered equipment and enclosures are considered to be grounded where connected to an attached coaxial cable with an effectively grounded metallic shield.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 88. Solar Photovoltaic Systems

§2588.1. Scope.

Note • History

This Article covers solar photovoltaic systems constructed or installed on or after May 5, 2008 that can be interactive with other electric power production sources or can stand alone with or without electrical energy storage such as batteries. These systems may have ac or dc output for utilization.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 88 (sections 2588.1-2588.3) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2588.2. Conductors of Different Systems.

Note • History

Photovoltaic source circuits and photovoltaic output circuits shall not be contained in the same raceway, cable tray, cable, outlet box, junction box, or similar fitting as feeders or branch circuits of other systems, unless the conductors of the different systems are separated by a partition or are connected together.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2588.3. Disconnecting Means.

Note • History

Means shall be provided to disconnect all current-carrying conductors of a photovoltaic power source from all other conductors in a building or other structure. Where a circuit grounding connection is not designed to be automatically interrupted as part of the ground-fault protection system, a switch or circuit breaker used as disconnecting means shall not have a pole in the grounded conductor.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Article 89. Integrated Electrical Systems

§2589.1. Scope.

Note • History

This Article covers integrated electrical systems, other than unit equipment, in which orderly shutdown is necessary to ensure safe operation. An integrated electrical system as used in this section shall be a unitized segment of an industrial wiring system where all of the following conditions are met:

(a) An orderly shutdown process minimizes employee hazard and equipment damage;

(b) The conditions of maintenance and supervision ensure that only qualified persons will service the system; and

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 89 (sections 2589.1-2589.2) and section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

§2589.2. Location of Overcurrent Devices in or on Premises.

Note • History

Overcurrent devices that are critical to integrated electrical systems need not be readily accessible to employees as required by Section 2390.24 if they are located with mounting heights to ensure security from operation by unqualified persons.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 5-5-2008; operative 5-5-2008. Submitted to OAL for printing only pursuant to Labor Code 142.3(a)(3) (Register 2008, No. 19).

Group 2. High-Voltage Electrical Safety Orders

Article 1. Definitions

(Formerly Article 50)

§2700. Definitions.

Note • History

The following definitions of frequently used terms shall be accepted as the intended meanings of these terms whenever used in these High-Voltage Electrical Safety Orders.

Note: Definitions of other terms used in only one article are included in the front of that article.

Accepted. An installation is “accepted” if it has been inspected and found by a nationally recognized testing laboratory to conform to specified plans or to procedures of applicable codes.

Accessible.

(A) Accessible (as applied to equipment). Admitting close approach because not guarded by locked doors (unless keys are readily available to those requiring access), elevation or other effective means. (See “Readily Accessible.”)

(B) Accessible (as applied to wiring methods). Not permanently closed in by the structure or finish of the building; capable of being removed or exposed without disturbing the building structure, finish, or fixed appurtenance thereto. (See “Concealed” and “Exposed.”)

(C) Readily Accessible. Capable of being reached quickly for operation, renewal, or inspections, without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, chairs, etc.

(D) Safely Accessible. Not exposing persons installing, operating, maintaining, or inspecting electrical apparatus to serious risks of tripping or falling or of coming in contact with energized electrical parts, moving machinery, surfaces or objects operating at high temperatures, or other hazardous equipment.

Aerial Lift. A device used to raise workers to an elevated position.

Ambient Temperature. The temperature of the cooling medium that comes in contact with the device or equipment.

Ampacity. The current, in amperes, that a conductor can carry continuously under the conditions of use without exceeding its temperature rating.

Apparatus Case. The case (or tank) of electrical apparatus is that part which serves as the container for the principal energized parts and insulating medium.

Armored cable (Type AC). A fabricated assembly of insulated conductors in a flexible metallic enclosure.

Atmosphere.

(See Environment, also.)

(A) Contaminated Atmosphere. An atmosphere containing contaminants which tend to impair the effectiveness of electrical insulation.

(B) Corrosive Atmosphere. An atmosphere containing contaminants which react chemically with the parts of an electrical installation so as to impair its electrical conductivity and/or its mechanical strength.

(D) Flammable Atmosphere. (See Article 34.)

Authorized Person. A qualified person delegated to perform specific duties under the conditions existing.

Automatic. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pressure, temperature, or mechanical configuration.

Automatic Circuit Recloser. A self-controlled device for automatically interrupting and reclosing an alternating current circuit, with a predetermined sequence of opening and reclosing followed by resetting, hold closed, or lockout operation.

Automatic Opening. (Tripping). The opening of a switching device under predetermined conditions without the intervention of an attendant.

AWG. American Wire Gauge.

Bare Conductor. See Conductor.

Barricade. Physical obstruction such as tapes, screens or cones intended to warn and limit access to a hazardous area.

Barrier. Physical obstruction which is intended to prevent contact with energized lines or equipment.

Basic Impulse Level (BIL). (See Ratings.)

Bonding Jumper. A reliable conductor to assure the required electrical conductivity between metal parts required to be electrically connected.

Branch Circuit. That portion of a wiring system extending beyond the automatic overcurrent protective device, excluding any thermal cutout or motor running overload protective device that is not approved for short circuit duty.

Building. For the purposes of these Orders, a building is a structure which stands alone or which is cut off from adjoining structures by fire walls with all openings therein protected by approved fire doors.

Bus.

(A) Isolated Phase Bus. One in which each phase conductor is enclosed by an individual metal housing separated from adjacent conductor housings by an air space.

(B) Non-Segregated Phase Bus. One in which all phase conductors are in a common metal enclosure without barriers between phases.

(C) Segregated Phase Bus. One in which all phase conductors are in a common metal enclosure but are segregated by barriers between phases.

Bushing. An insulating structure including a through conductor, or providing a passageway for such a conductor, with provision for mounting on a barrier, conducting or otherwise, for the purpose of insulating the conductor from the barrier and conducting current from one side of the barrier to the other.

BWG. Birmingham Wire Gauge.

Cabinet. An enclosure designed either for surface or flush mounting, and provided with a frame, mat, or trim in which a swinging door or doors are or can be hung.

Cablebus. An assembly of insulated conductors with fittings and conductor terminations in a completely enclosed, ventilated, protective metal housing.

Cable, Electrical. A stranded conductor (single-conductor cable) or a combination of conductors insulated from one another (multiple-conductor cable).

Cable Riser. (See Riser.)

Cable Sheath. A protective covering applied to cables.

Note: A cable sheath shall be permitted to consist of multiple layers of which one or more is conductive.

Cable Terminations.

(A) Pothead. A device for the electrical and mechanical termination of an insulated electrical cable.

(B) Stress Cone. Cable termination which provides electrical stress relief for an insulated electrical cable.

(C) Terminal Chamber (Conduit Box). A separate compartment on electrical apparatus for terminating insulated electrical cables.

(D) Wiping Sleeve. A hollow, cylindrical, metal attachment to the tank (or case) or terminal chamber of electrical apparatus which is used for the mechanical termination of lead-sheathed insulated electrical cable.

Cable tray system. A unit or assembly of units or sections and associated fittings forming a rigid structural system used to securely fasten or support cables and raceways. Cable tray systems include ladders, troughs, channels, solid bottom trays, and other similar structures.

Case (Tank). (See Apparatus Case.)

Certified. Equipment is “certified” if it bears a label, tag, or other record of certification that the equipment:

(A) Has been tested and found by a nationally recognized testing laboratory to meet nationally recognized standards or to be safe for use in a specified manner; or

(B) Is of a kind whose production is periodically inspected by a nationally recognized testing laboratory and is accepted by the laboratory as safe for its intended use.

Circuit. A conductor or system of conductors through which an electric current is intended to flow.

Circuit Breaker. (See Switching Devices.)

Clearance (Authorization). Authorization to enter an area and/or to perform an act restricted to authorized personnel.

Clearing Time. The time elapsing from the beginning of an overcurrent to the final circuit interruption.

Close and Hold. (See Ratings.)

Collector Ring. An assembly of slip rings for transferring electrical energy between a stationary and a rotating member.

Communication Lines. The conductors and their supporting or containing structures which are used for public or private signal or communication service, and which operate at potentials not exceeding 400 volts to ground or 750 volts between any two points of the circuit, and the transmitted power of which does not exceed 150 watts. When operating at less than 150 volts no limit is placed on the capacity of the system.

Note: Telephone, telegraph, railroad signal, data, clock, fire, police-alarm, community television antenna, and other systems conforming with the above are included. Lines used for signaling purposes, but not included under the above definition, are considered as supply lines of the same voltage and are to be so run.

Concealed. Rendered inaccessible by enclosures, raceways, structures, the finish of a building, etc.

Conductor. A wire, cable, or other conducting material suitable for carrying current.

(1) Bare. A conductor having no covering or electrical insulation whatsoever.

(2) Covered. A conductor encased within material of composition or thickness that is not recognized by these Safety Orders as electrical insulation.

(3) Insulated. A conductor encased within material of composition and thickness that is recognized by these Safety Orders as electrical insulation.

Construction. The erection of new wiring and equipment, and the alteration, conversion, and improvement of existing wiring and equipment.

Contactor. A device for repeatedly establishing and interrupting an electric power circuit.

Contaminated. (See Atmosphere.)

Control.

(A) Automatic Control. An arrangement of electrical controls that provides for switching or otherwise controlling or both in an automatic sequence and under predetermined conditions the necessary devices comprising an equipment. These devices thereupon maintain the required character of service and provide adequate protection against all usual operating emergencies.

(B) Manual Control. Control in which the main devices, whether manually or power operated, are controlled by an attendant.

Controller. A device, or group of devices, which serves to govern, in some predetermined manner, the electric power delivered to the apparatus to which it is connected.

Corrosive. (See Atmosphere.)

Covered Conductor. See under “Conductor.”

Current.

(A) Asymmetrical Current. The combination of the symmetrical and the direct current component of the current.

(B) Available (Prospective) Short Circuit Current (at a given point in a circuit). The maximum current that the power system can deliver through a given circuit point to any negligible impedance short circuit applied at the given point, or at any other point that will cause the highest current to flow through the given point.

(D) Minimum Operating Current (of a relay or fuse). The minimum current that will cause a device to complete its intended operation.

(E) Overcurrent.

Any current in excess of the rated current of equipment or the ampacity of a conductor. It may result from overload, short circuit, or ground fault.

(F) Overload. Operation of equipment in excess of normal, full-load rating, or of a conductor in excess of rated ampacity that, when it persists for a sufficient length of time, would cause damage or dangerous overheating. A fault, such as a short circuit or ground fault, is not an overload. (See Overcurrent.)

(G) Short-Time Current. (See Ratings.)

Cutout. (See Switching Devices.)

Cutout Box. An enclosure designed for surface mounting and having swinging doors or covers secured directly to and telescoping with the walls of the box proper. (See Cabinet.)

Damp Location. See “Environment.”

Dead. Free from any electrical connection to a source of potential difference and from electrical charges: Not having a potential difference from that of earth.

Dead-Front. Without live parts exposed to a person on the operating side of the equipment.

De-energized. Free from any electrical connection to a source of potential difference and from electrical charge; not having a potential different from that of the earth.

Designated Employee. A qualified person delegated to perform specific duties under the conditions existing.

Device. A unit of an electrical system that is intended to carry but not utilize electric energy.

Dielectric Heating. The heating of a nominally insulating material due to its own dielectric losses when the material is placed in a varying electric field.

Discharge Device. A device intended for the dissipation of the energy stored in a disconnected inductive or capacitive device.

Disconnect (Isolator). (See Switching Devices.)

Disconnected Position (of a switchgear assembly removable element). That position in which the primary and secondary disconnecting devices of the removable element are separated by a safe distance from the stationary element contacts.

Disconnecting Means. (See Switching Devices.)

Division. Unless otherwise designated in this subchapter, the phrase “division” refers to the current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

Drawout Mounted Device. One having disconnecting devices and in which the removable portion may be removed from the stationary portion without the necessity of unbolting connections or mounting supports.

Dust-Proof. So constructed or protected that dust will not interfere with its successful operation.

Dust-Tight. So constructed that dust will not enter the enclosing case.

Duty.

(A) Continuous. A requirement of service that demands operation at a substantially constant load for an indefinitely long time.

(B) Intermittent. A requirement of service that demands operation for alternate intervals of (1) load and no load; or (2) load and rest; or (3) load, no load and rest.

(D) Short-Time. A requirement of service that demands operation at a substantially constant load for a short and definitely specified time.

(E) Varying. A requirement of service that demands operation at loads, and for intervals of time, both of which may be subject to wide variation.

Electric Line Truck. A truck used to transport workers, tools, and material, and to serve as a traveling workshop for electric power line construction and maintenance work. It is sometimes equipped with a boom and auxiliary equipment for setting poles, digging holes, and elevating material or workers.

Electric Supply Lines. Those conductors used to transmit electric energy and their necessary supporting or containing structures. Signal lines of more than 400 volts to ground are always supply lines within the meaning of the rules, and those of less than 400 volts to ground may be considered as supply lines, if so run and operated throughout.

Enclosed. Surrounded by a fence, wall, case, or housing which will prevent persons from accidentally contacting wiring, equipment, or energized parts contained therein.

Enclosure. The case or housing of apparatus, or the fence or walls surrounding an installation to prevent personnel from accidentally contacting energized parts, or to protect the equipment from physical damage.

Energized Parts (Live Parts). Parts which are of a potential different from that of the earth, or some conducting body which serves in place of the earth.

Environment. (See Atmosphere, also.)

(B) Dry Location. A location not normally subject to dampness or wetness. A location classified as dry may be temporarily subject to dampness or wetness, as in the case of some buildings under construction.

Equipment. A general term which includes material, fittings, devices, appliances, fixtures, apparatus, and the like, used as part of, or in connection with, an electrical installation.

Equipment Grounding Conductor. See “Grounding Conductor, Equipment.”

Explosion-Proof Apparatus. Apparatus enclosed in a case which is capable of withstanding an explosion of a specified gas or vapor which may occur within it and of preventing the ignition of a specified gas or vapor surrounding the enclosure by sparks, flashes, or explosion of the gas or vapor within, and which operates at such an external temperature that a surrounding flammable atmosphere will not be ignited thereby.

Exposed (as applied to energized parts). Energized parts that can be inadvertently touched or approached nearer than a safe distance by a person. It is applied to parts not suitably guarded, isolated, or insulated. (See Accessible and Concealed.)

Exposed (as applied to wiring methods). On or attached to the surface or behind panels designed to allow access. [See “Accessible (as applied to wiring methods).”]

Exposed (for the purposes of Article 41). Where the circuit is in such a position that in case of failure of supports or insulation, contact with another circuit may result.

Externally Operable. Capable of being operated without exposing the operator to contact with live parts.

Fault. (See Current.)

Feeder. All circuit conductors between the service equipment, the source of a separate derived system, or other power supply source and the final branch-circuit overcurrent device.

Fitting. An accessory such as a locknut, bushing, or other part of a wiring system that is intended primarily to perform a mechanical rather than an electrical function.

Fuse. An overcurrent protective device with a circuit opening fusible part that is heated and severed by the passage of overcurrent through it. (Note: A fuse comprises all the parts that form a unit capable of performing the prescribed functions. It may or may not be the complete device necessary to connect it into an electrical circuit.)

(A) Expulsion Fuse Unit (Expulsion Fuse). A vented fuse unit in which the expulsion effect of gases produced by the arc and lining of the fuseholder, either alone or aided by a spring, extinguishes the arc.

(B) Power Fuse Unit. A vented, non-vented, or controlled vented fuse unit in which the arc is extinguished by being drawn through solid material, granular material, or liquid, either alone or aided by a spring.

1. Vented Power Fuse. A fuse with provision for the escape of arc gases, liquids, or solid particles to the surrounding atmosphere during circuit interruption.

2. Non-Vented Power Fuse. A fuse without intentional provision for the escape of arc gases, liquids, or solid particles to the atmosphere during circuit interruption.

3. Controlled Vented Power Fuse. A fuse with provision for controlling discharge during circuit interruption such that no solid material may be exhausted into the surrounding atmosphere. The discharge gases shall not ignite or damage insulation in the path of the discharge, nor shall these gases propagate a flashover to or between grounded members or conduction members in the path of the discharge when the distance between the vent and such insulation or conduction members conforms to manufacturer's recommendations.

Ground. A conducting connection, whether intentional or accidental, between an electrical circuit or equipment and earth, or to some conducting body which serves in place of the earth.

(A) Ground (Reference). That conducting body, usually earth, to which electric potential is referenced.

Grounded. Connected to the earth or to some conducting body that serves in place of the earth.

Grounded Conductor. A system or circuit conductor which is intentionally grounded.

Grounded, Impedance. Connected to ground through a connection in which an impedance has been inserted intentionally.

Grounded, Solidly. Grounded through a grounding connection in which no impedance has been inserted intentionally.

Grounded System, Impedance. A system which has one conductor or point (usually the mid-tap or neutral point of a transformer or generator windings) connected to the reference ground through an impedance.

Grounded System, Solidly. A system which has one conductor or point (usually the mid-tap or neutral point of a transformer or generator windings) connected to the reference ground with no intentional impedance imposed in the circuit.

Grounding Conductor. A conductor used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.

Grounding Conductor, Equipment. The conductor used to connect noncurrent-carrying metal parts of equipment, raceways and other enclosures to the system grounded conductor, the grounding electrode conductor, or both, at the service equipment or at the source of a separately derived system.

Grounding Connection (Ground Connection). (See Ground.)

Grounding Electrode (Ground Electrode). A conductor imbedded in the earth, used for maintaining ground potential on conductors connected to it, and for dissipating into the earth current conducted to it.

Grounding Electrode Resistance. The resistance of the grounding electrode to earth.

Grounding Transformer. A transformer intended primarily for providing a neutral point for system grounding purposes.

Group Operation. The essentially simultaneous operation of all poles of a multi-pole switching device by one operating mechanism.

Health care facilities. Buildings or portions of buildings in which medical, dental, psychiatric, nursing, obstetrical, or surgical care are provided.

NOTE: Health care facilities include, but are not limited to, hospitals, nursing homes, limited care facilities, clinics, medical and dental offices, and ambulatory care centers, whether permanent or movable.

Heating Equipment. For the purposes of Article 42, the term “heating equipment” includes any equipment used for heating purposes if heat is generated by induction or dielectric methods.

High Voltage. A sustained voltage of more than 600 volts. (See Voltage.)

High-Voltage System. Associated electrical conductors and equipment operating at or intended to operate at a sustained voltage of more than 600 volts between conductors.

Hook Stick. (See Switch Stick.)

Hot Tools and Ropes. Tools and ropes which are especially designed for work on energized high voltage lines and equipment. Insulated aerial equipment especially designed for work on energized high voltage lines and equipment shall be considered hot line.

Identified (as applied to equipment). Approved as suitable for the specific purpose, function, use, environment, or application, where described in a particular requirement.

Indoor. Indoor, as an adjective, describes a device or equipment which, because of its construction, must be protected from the weather, or be installed in a location which is protected from the weather.

Induction Heating. The heating of a nominally conductive material due to its own I 2 R losses when the material is placed in a varying electromagnetic field.

Insulated. Separated from other conducting surfaces by a dielectric substance (including air space) offering a high resistance to the passage of current.

Note: When any object is said to be insulated, it is understood to be insulated in suitable manner for the conditions to which it is subjected. Otherwise, it is within the purpose of these orders, uninsulated. Insulating covering of conductors is one means of making the conductor insulated.

Insulated Conductor. See Conductor, Insulated.

Insulation (As applied to Cable). That which is relied upon to insulate the conductor from other conductors or conducting parts or from ground.

Interlock. An electrical, mechanical, or key-locked device intended to prevent an undesired sequence of operations.

Interrupter Switch. (See Switching Devices.)

Interrupting Rating. (See Ratings.)

Isolated (as applied to location). Not readily accessible to persons unless special means for access are used.

Isolated Power System. A system comprising an isolating transformer or its equivalent, a line isolation monitor, and its ungrounded circuit conductors.

Junction Box. (See Pull Box.)

Labeled. Equipment is “labeled” if there is attached to it a label, symbol, or other identifying mark of a nationally recognized testing laboratory:

(1) That makes periodic inspections of the production of such equipment, and

(2) Whose labeling indicates compliance with nationally recognized standards or tests to determine safe use in a specified manner.

Lanyard. A flexible line to secure a wearer of a safety belt or harness to a drop line, lifeline, or fixed anchorage.

Line Clearance Tree Trimming Operations. Operations which include the pruning, trimming, repairing, maintaining, chemical treatment, removal or cleaning of trees, or cutting of brush and miscellaneous vegetation, that is within 10 ft. (305 cm) of electric supply lines and equipment.

Linemen's Body Belt. A leather or web (cotton or nylon) belt designed specifically for employees working on poles or structures. It consists of a waist belt, generally cushioned, with a front buckle, two D rings for attaching safety straps and a multiple-looped strap for holding rings, snaphooks, holsters and other tool holding devices.

Listed. Equipment is “listed” if it is of a kind mentioned in a list that:

(1) Is published by a nationally recognized laboratory that makes periodic inspection of the production of such equipment, and

(2) States that such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner.

Live Parts. Energized conductive components.

Location. (See Environment.)

Magnetizing Current. (See Current--Excitation.)

Main Switch. (See Service Entrance Switch.)

Make and Latch (or Close and Hold) Rating. (See Ratings.)

Manhole. A chamber, in an underground system, containing working space large enough for a person to enter, which provides space and access for installation and maintenance of cables, transformers, or other equipment or apparatus.

Manhole Chimney. A vertical passageway for workers or equipment between the roof of the manhole and the surface (street) level.

Manual Control. (See Control.)

Manual Operation. (See Control.)

Maximum Voltage. (See Ratings.)

Medium Voltage Cable (Type MV). A single or multiconductor solid dielectric insulated cable rated 2001 volts or higher.

Metal-Enclosed. Metal-enclosed, as an adjective, refers to electrical apparatus surrounded by a metal case or housing, usually grounded.

Minimum Bending Radius. The minimum recommended radius to which a conduit or an insulated cable may be bent, measured from its inner surface.

Minimum Operating Current. (See Current.)

Multiple Fuse. An assembly of two or more single-pole fuses.

Nominal System Voltage. (See Voltage.)

Nonpropagating Liquid. A liquid which, when subjected to a source of ignition, may burn but the flame will not spread from the source of ignition.

Oil (Filled) Cutout. (See Switching Devices.)

Open Wiring. Uninsulated conductors or insulated conductors without grounded metallic sheaths or shields installed above ground, but not inside apparatus or wiring enclosures.

Outdoor. Outdoor, as an adjective, describes a device or equipment of weatherproof construction, or a location exposed to the weather.

Outlet. A point on the wiring system at which current is taken to supply utilization equipment.

Outline Lighting. An arrangement of incandescent lamps or electric discharge lighting to outline or call attention to certain features, such as the shape of a building or the decoration of a window.

Overcurrent. (See Current.)

Overload. (See Current.)

Overtemperature Protective Device. (See Thermal Protector.)

Panelboard. A single panel or group of panel units designed for assembly in the form of a single panel; including buses, automatic overcurrent devices, and with or without switches for the control of light, heat, or power circuits; designed to be placed in a cabinet or cutout box placed in or against a wall or partition and accessible only from the front. (See “Switchboard.”)

Portable or Mobile Equipment. Electrical equipment mounted on skids, pads, legs, or vehicles, and capable of being moved to any required location.

Pothead. (See Cable Terminations.)

Power Fuse. (See Fuse.)

Power-Limited Tray Cable (Type PLTC). A factory assembly of two or more insulated conductors under a nonmetallic jacket.

Premises Wiring. (Premises wiring system.) The interior and exterior wiring, including power, lighting, control, and signal circuit wiring together with all of their associated hardware, fittings, and wiring devices, both permanently and temporarily installed, that extends from the service point of utility conductors or source of power (such as a battery, a solar photovoltaic system, or a generator, transformer, or converter) to the outlets. Such wiring does not include wiring internal to appliances, fixtures, motors, controllers, motor control centers, and similar equipment.

Protective Device. A device or combination of devices capable of detecting and automatically interrupting a specific condition.

Pull Box. A box with a blank cover into which workers may reach but not enter which is inserted in one or more runs of raceway to facilitate pulling, joining, supporting, or inspecting conductors. The term “pull box” includes but is not limited to: junction boxes, splice boxes, conductor support boxes, inspection boxes, and handholes.

Pulling Tension. The longitudinal force exerted on a cable during installation.

Qualified Electrical Worker. A qualified person who by reason of a minimum of two years of training and experience with high-voltage circuits and equipment and who has demonstrated by performance familiarity with the work to be performed and the hazards involved.

Qualified Line Clearance Tree Trimmer. A person who has completed a minimum of 18 months-related training and on-the-job experience and is familiar with the special techniques and hazards involved in line clearance tree trimming operations.

Qualified Line Clearance Tree Trimmer Trainee. Any worker regularly assigned to a line clearance tree trimming crew and undergoing on-the-job training who, in the course of such training, has demonstrated the ability to perform the assigned duties safely at that level of training.

Qualified Person. A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved.

Raceway. An enclosed channel of metal or nonmetallic materials designed expressly for holding wires, cables or bus bars, with additional functions as permitted in this standard.

Raceways include, but are not limited to, rigid metal conduit, rigid nonmetallic conduit, intermediate metal conduit, liquidtight flexible conduit, flexible metallic tubing, flexible metal conduit, electrical metallic tubing, electrical nonmetallic tubing, underfloor raceways, cellular concrete floor raceways, cellular metal floor raceways, surface raceways, wireways, and busways.

Rated. A designated value of an operating characteristic at which other characteristics are measured and specified.

Ratings.

(A) Basic Impulse Level (BIL). A reference impulse insulation strength expressed in terms of the crest value of the withstand voltage of a standard full impulse voltage wave.

(B) Interrupting Rating. Maximum interrupting capability under specified conditions, expressed in amperes or MVA.

(C) Make and Latch (Close and Hold) Rating. The highest RMS current at which the device or equipment is designed to operate.

(D) Short-Time Current Rating. The maximum RMS current a device, an assembly, or a bus is designed to carry for a specified short-time interval.

Readily Accessible. (See Accessible.)

Regulator Bypass Switch. (See Switching Devices.)

Release Free (Trip Free). A descriptive term indicating that the opening operation of a switching device can prevail over the closing operation during specified portions of the closing operation.

Remote-Control Circuit. Any electric circuit that controls any other circuit through a relay or an equivalent device.

Riser (Cable Riser). A vertical run of insulate cable, associated raceway, and termination.

Safely Accessible. (See Accessible.)

Safety Strap. A web strap designed specifically for use in conjunction with a linemen's body belt to secure the employee to a pole or structure in a manner that permits work with both hands.

Separately Derived System. A premises wiring system whose power is derived from a battery, a solar photovoltaic system, or from a generator, transformer, or converter windings, and that has no direct electrical connection, including a solidly connected grounded circuit conductor, to supply conductors originating in another system.

Service. The conductors and equipment for delivering energy from the electricity supply system to the wiring system of the premises served.

Service Cable. Service conductors made up in the form of a cable.

Service Conductors. That portion of the supply conductors which extends from the supply main, duct, or from transformers of the serving agency to the service equipment of the premises supplied. For overhead conductors this includes the conductors from the last line pole to the service equipment.

Service Entrance Conductors. The consumer-owned conductors extending between the service point and the service entrance equipment.

Service Entrance Switch (Main Switch). The disconnecting means and overcurrent protection installed at or near the service point.

Service Factor. A multiplier which, applied to the rated output of an electric machine, indicates a permissible loading which may be carried continuously under the conditions for that service factor.

Service Point. The point of connection between the facilities of the serving agency and those of the premises wiring.

Shielded Cable. A cable in which the insulated conductor(s) is enclosed in a conducting envelope(s), so constructed that substantially every point on the surface of the insulation is at ground potential or at some predetermined potential with respect to ground.

Stored-Energy Operation. Operation by means of energy stored in the mechanism, sufficient to complete a specified operation.

Stress Cone. (See Cable Terminations.)

Submersible. Submersible, as an adjective, describes a device which is so constructed that it will operate satisfactorily when completely or partially submerged in a liquid under specified conditions.

Suitable. Capable of performing with safety the particular function specified in these Orders.

Supervised. Under continuous or intermittent surveillance by a local or remote operator or automatic data processing system.

Switch (Hook) Stick. A device with an insulated handle and a hook or other means for performing stick operation of a switching device.

Switching Device. A device designed to close and/or open one or more electric circuits. Included in this category are circuit breakers, cutouts, disconnecting (or isolating) switches, disconnecting means, interrupter switches, and oil (filled) cutouts.

Switching Devices.

(A) Circuit Breaker. A device designed to open and close a circuit by non-automatic means, and to open the circuit automatically on a predetermined overcurrent without damage to itself when properly applied within its rating.

(B) Cutout. An assembly of a fuse support with either a fuseholder, fuse carrier, or disconnecting blade. The fuseholder or fuse carrier may include a conducting element (fuse link), or may act as a disconnecting blade by the inclusion of a non-fusible member.

(C) Disconnecting Means. A device, or group of devices, or other means whereby the conductors of a circuit can be disconnected from their source of supply.

(D) Disconnecting (or Isolating) Switch (Disconnector, Isolator). A mechanical switching device used for isolating a circuit or equipment from a source of power. It has no interrupting rating and is intended to be operated only after the circuit has been opened by some other means.

(E) Interrupter Switch. A switch, capable of making, carrying, and interrupting specified currents.

(F) Oil Cutout (Oil-Filled Cutout). A cutout in which all or part of the fuse support and its fuse link or disconnecting blades are mounted in oil with complete immersion of the contacts and the fusible portion of the conducting element (fuse link), so that arc interruption by severing of the fuse link or by opening of the contacts will occur under oil.

(G) Oil Switch. A switch having contacts which operate under oil (or askarel or other suitable liquid).

(H) Regulator Bypass Switch. A specific device or combination of devices designed to bypass a regulator.

Tag. A system or method of identifying circuits, systems or equipment for the purpose of alerting persons that the circuit, system or equipment is being worked on.

Terminal Chamber. (See Cable Terminations.)

Test Position (of a switchgear assembly). That position in which the primary disconnecting devices of the removable element are separated by a safe distance from those in the housing and the secondary disconnecting devices are in operating contact.

Thermal Protector--General. An inherent protective device which is responsive to temperature or current, or both, and which, when properly applied, protects the equipment against overheating due to overload or failure to start.

Transformer Bank. A transformer installation consisting of two or more transformers.

Transformer Installation. An electrical installation consisting of one or more transformers, including associated lead wires and interconnections, which transforms electric energy from one or more alternating current circuits to one or more other alternating current circuits.

Transformer Primary Winding. The winding on the energy input (source) side.

Transformer Secondary Winding. The winding on the energy output (load) side.

Utilization Equipment. Equipment that utilizes electric energy for electronic, electromechanical, chemical, heating, lighting, or similar purposes.

Vault. A room (including manholes) of fire-resistant construction, primarily used to house electrical equipment.

Ventilated. Provided with a means to permit circulation of air sufficient to remove an excess of heat, fumes, or vapors.

Voltage.

(A) Maximum Voltage. (See Ratings.)

(B) Nominal Voltage. A nominal value assigned to designate a system of a given voltage class.

(C) Voltage (of a circuit). The greatest root-mean-square (rms) (effective) difference of potential between any two conductors of the circuit concerned.

Note: On various systems such as 3-phase, 4-wire, single phase 3-wire and 3-wire direct current, there may be various circuits of various voltages.

(D) Voltage to Ground. In grounded circuits the voltage between the given conductor and that point or conductor of the circuit which is grounded; in ungrounded circuits, the greatest voltage between the given conductor and any other conductor of the circuit.

Weatherproof. So constructed or protected that exposure to the weather will not interfere with successful operation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Group 2 (Articles 50 through 86, Sections 2700 through 2949) filed 7-27-73; effective thirtieth day thereafter (Register 73, No. 30). Approved by State Building Standards Commission 2-23-73.

2. Amendment and deletion of numbers preceding definitions of subsection (b) filed 10-14-75 as an emergency; effective upon filing (Register 75, No. 42). Issuing Agency: Occupational Safety and Health Standards Board.

3. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).

4. Amendment of subsection (b) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

5. Amendment of subsection (b) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

6. Amendment of subsection (b) filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

7. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

8. Editorial correction including renumbering of former Article 50 to Article 1 filed 11-2-83 (Register 83, No. 45).

9. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

10. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 2. Administration

(Formerly Article 51)

§2703. Special Requirements.

Note • History

Where these regulations contain special requirements for special classes of installations, or for installations under special conditions, such special requirements shall take precedence over the general requirements of the regulations in any point of apparent conflict or inconsistency.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 51 to Article 2 filed 11-2-83 (Register 83, No. 45).

§2704. Titles and Subtitles.

Note • History

The titles and subtitles following each regulation number are intended to serve as a general guide and index to these regulations and are not necessarily to be considered as a part of any particular regulation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2705. Scope.

Note • History

These High-Voltage Electrical Safety Orders are intended to establish essential requirements and minimum standards for the installation, operation, and maintenance of electrical installations and equipment to provide practical safety and such freedom from danger to personnel as the employment reasonably permits.

These orders are not to be regarded as a design specification or an instruction manual for untrained personnel.

(Title 24, Part 3, Section 90-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45). 2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2706. Application.

Note • History

(a) These High-Voltage Electrical Safety Orders, apply to all electrical installations and electrical equipment operating or intended to operate on systems of more than 600 volts between conductors and to all work performed directly on or in proximity to such electrical installations, equipment or systems in all places of employment in the State of California as defined in Labor Code Section 6303. These orders do not apply to:

(1) Installations or conductors and equipment in ships, watercraft, railway rolling stock, or aircraft.

(2) Installations of conductors, equipment, and associated enclosures subject to the jurisdiction of the California Public Utilities Commission, that are owned, operated and maintained by an electric, communication or electric railway utility.

Exception: No. 2. Article 36, Work and Operating Procedures; and Article 38, Line Clearance Tree Trimming Operations apply to all work performed by electric utilities and electric railways.

(b) Extent of Application.

(1) Requirements applicable to all installations. The following requirements apply to all electrical installations and utilization equipment, regardless of when they were designed or installed:

Sec. 2710 -- Examination, Installation and Use of Equipment.

Sec. 2710.1 -- Mounting and Cooling of Equipment.

Sec. 2712 -- Atmospheric and Environmental Protection.

Sec. 2714 -- Installation and Maintenance.

Sec. 2715(c) -- Splices.

Sec. 2716.1 -- Arcing Parts.

Sec. 2718 -- Marking.

Sec. 2718.1 -- Disconnecting Means and Circuits, Except for (e) and (f).

Sec. 2739.4 -- Grounding Connections.

Sec. 2742.0 -- Grounding Path.

Sec. 2742.1(b)(1)-(b)(4) -- Grounding of Supports, Enclosures and Equipment.

Sec. 2742.2 -- Nonelectrical Equipment.

Sec. 2742.3(a) -- Methods of Grounding Fixed Equipment.

Article 34, Hazardous (Classified) Locations, Sec. 2925 -- General.

(2) Requirements applicable to installations made after March 15, 1972. Every electrical installation and all utilization equipment installed or overhauled after March 15, 1972, shall comply with the provisions of these Safety Orders, except as noted in Sections 2706(b)(3) and (b)(4) of this Article.

Sec. 2743(a) -- Grounding of Systems and Circuits.

Sec. 2749.1(b) -- Systems over 600 volts, nominal -- Aboveground Wiring Methods.

Sec. 2890(c) -- Switching.

Sec. 2931 -- Entrance and Access to Workspace.

(4) Requirements applicable only to installations made after April 1, 2009. The following requirements apply only to electrical installations and utilization equipment installed after April 1, 2009:

Sec. 2718.1(e) -- Capable of accepting a lock.

Sec. 2718.1(f) -- Marking for series combination ratings.

Sec. 2735(a)(1), (a)(2), and (b)(1) -- Overcurrent Protection.

Sec. 2738 -- Identification of Multiwire Branch Circuits.

Sec. 2833.1(c)(2) and (c)(3) -- Connection of switches.

Sec. 2833.2(b) -- Load interrupter switches.

Sec. 2932(e) --Workspace.

Sec. 2946(b)(2) EXCEPTION -- Provisions for Preventing Accidents Due to Proximity to Overhead Lines.

(c) Regulations herein which may affect building standards apply to all buildings, or building alteration, or building modification for which construction is commenced after the effective date of the regulations. Date of commencement of construction for the purpose of this section, shall be:

(1) The advertising date for invitation of bids for State and local government projects:

(2) The building construction permit issuance date for other than government projects.

(d) For installation requirements not specifically contained herein, installations in compliance with Title 24, Part 3, in effect at the time of construction, will be considered as complying with the intent of these orders.

(f) These orders take precedence over any other orders in the California Administrative Code, Title 8, relating to high-voltage facilities or work procedures that are inconsistent with them.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-14-75 as an emergency; effective upon filing (Register 75, No. 42).

2. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).

3. Repealer and new section filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

4. Editorial correction filed 11-2-83 (Register 83, No. 45).

5. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

6. Amendment of subsection (a)(2), repealer and new subsection (b), new subsections (b)(1)-(4) and amendment of subsection (c)(2) and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2707. Approvals.

Note • History

(a) Approved means acceptable to the Division of Occupational Safety and Health which has the responsibility and authority to grant the approval for the specified condition or application.

(b) An installation or equipment is acceptable to the Division of Occupational Safety and Health, and approved within the meaning of these Safety Orders:

(1) If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory recognized pursuant to 29 CFR Sec. 1910.7; or

(2) With respect to an installation or equipment of a kind that no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, the Division of Occupational Safety and Health will approve materials, devices, appliances, installations, arrangement or methods of construction intended for use under these orders, provided necessary safety requirements are met for quality, strength, effectiveness, fire resistance, durability, and the protection of life and health.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2708. New Installations: Additions, Alterations, and Renewals of Existing Installations. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

§2709. Variances from These Orders.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 10-14-75 as an emergency; effective upon filing (Register 75, No. 42).

2. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).

3. New section filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

Article 3. General

(Formerly Article 52)

§2710. Examination, Installation, and Use of Equipment.

Note • History

(1) Suitability for installation and use in conformity with the provisions of these Orders;

NOTE to subsection (a)(1): Suitability of equipment for an identified purpose may be evidenced by listing or labeling for that identified purpose.

(2) Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection thus provided;

(3) Wire-bending and connection space;

(4) Electrical insulation;

(5) Heating effects under all conditions of use;

(6) Arcing effects;

(7) Classification by type, size, voltage, current capacity, and specific use; and

(8) Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment.

(b) Installation and use. Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.

(c) Insulation integrity. Completed wiring installations shall be free from short circuits and from grounds other than those required or permitted by these Safety Orders.

(d) Interrupting rating.

(1) Equipment intended to interrupt current at fault levels shall have an interrupting rating sufficient for the nominal circuit voltage and the current that is available at the line terminals of the equipment.

(2) Equipment intended to interrupt current at other than fault levels shall have an interrupting rating at nominal circuit voltage sufficient for the current that must be interrupted.

(e) Circuit impedance and other characteristics. The overcurrent protective devices, the total impedance, the component short-circuit current ratings, and other characteristics of the circuit to be protected shall be selected and coordinated to permit the circuit protective devices used to clear a fault to do so without the occurrence of extensive damage to the electrical components of the circuit. This fault shall be assumed to be either between two or more of the circuit conductors, or between any circuit conductor and the grounding conductor or enclosing metal raceway.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 52 to Article 3 filed 11-2-83 (Register 83, No. 45).

2. Amendment of section heading and repealer and new section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2710.1. Mounting and Cooling of Equipment.

Note • History

(a) Mounting. Electrical apparatus and equipment shall be firmly secured to surfaces upon which it is mounted.

NOTE: Wooden plugs driven into holes in masonry, concrete, plaster, or similar materials are not considered secure means of fastening electric equipment.

(b) Cooling.

(1) Electric equipment that depends on the natural circulation of air and convection principles for cooling of exposed surfaces shall be installed so that room airflow over such surfaces is not prevented by walls or by adjacent installed equipment. For equipment designed for floor mounting, clearance between top surfaces and adjacent surfaces shall be provided to dissipate rising warm air.

(2) Electric equipment provided with ventilating openings shall be installed so that walls or other obstructions do not prevent the free circulation of air through the equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2711. Readily and Safely Accessible.

Note • History

Switches, circuit breakers, contactors, relays, and other control equipment requiring operation, examination, adjustment, maintenance, or repair shall be readily and safely accessible.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2712. Atmospheric and Environmental Protection.

Note • History

(a) Electrical installations and equipment shall be constructed or protected to withstand the atmospheric and environmental conditions to which they will be subjected.

(b) Unless identified for use in the operating environment, no conductors or equipment shall be located in damp or wet locations; where exposed to gases, fumes, vapors, liquids, or other agents that have a deteriorating effect on the conductors or equipment; or where exposed to excessive temperatures.

(1) Cabinets, cutout boxes, fittings, boxes, and panelboard enclosures in damp or wet locations shall be installed so as to prevent moisture or water from entering and accumulating within the enclosures and shall be mounted so there is at least 0.25 in. (6.35 mm) airspace between the enclosure and the wall or other supporting surface.

EXCEPTION FOR (c)(1): Nonmetallic enclosures may be installed without the airspace on a concrete, masonry, tile, or similar surface.

(2) Enclosures shall be weatherproof in wet locations.

(d) Switches, circuit breakers, and switchboards.

Switches, circuit breakers, and switchboards installed in wet locations shall be enclosed in weatherproof enclosures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2713. Protection Against Physical Damage.

Note • History

Electrical equipment installed in locations where it is exposed to physical damage shall be suitably protected.

(Title 24, Part 3, Section 110-17(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2714. Installation and Maintenance.

Note • History

(a) All electrical installations shall be made in a neat and workmanlike manner and shall be so designed, constructed, and installed that the hazard to personnel will be reduced, as far as it is reasonably possible. Installations of new equipment and conductors, and extensions, repairs, and changes in existing installations shall be made only by, or under the supervision or direction of, qualified electrical workers.

(b) All electrical installations shall be maintained in a safe operating condition. If any unsafe condition develops, it shall be promptly corrected.

(c) Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings shall be effectively closed to afford protection substantially equivalent to the wall of the equipment.

(d) Conductors shall be racked to provide ready and safe access in underground and subsurface enclosures that persons enter for installation and maintenance.

(e) Internal parts of electrical equipment, including busbars, wiring terminals, insulators, and other surfaces, shall not be damaged or contaminated by foreign materials such as paint, plaster, cleaners, abrasives, or corrosive residues.

(f) There shall be no damaged parts that may adversely affect safe operation or mechanical strength of the equipment, such as parts that are broken, bent, cut, or deteriorated by corrosion, chemical action, or overheating.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2715. Electrical Connections.

Note • History

(a) General. Because of different characteristics of dissimilar metals:

(1) Devices such as pressure terminal and pressure splicing connectors shall be identified for the material of the conductor and shall be properly installed and used.

(2) Conductors of dissimilar metals shall not be intermixed in a terminal or splicing connector where physical contact occurs between dissimilar conductors (such as copper and aluminum, copper and copper-clad aluminum, or aluminum and copper-clad aluminum) unless the device is identified for the purpose and conditions of use.

(3) Materials such as inhibitors and compounds, where employed, shall be suitable for the use and shall be of a type that will not adversely affect the conductors, installation, or equipment.

(b) Terminals.

(2) Terminals for more than one conductor and terminals used to connect aluminum shall be so identified.

(2) Wire connectors or splicing means installed on conductors for direct burial shall be listed for such use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section heading, repealer and new section amendment of Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2716. Ampacities.

Note • History

All conductors shall have ampacities to carry safely the normal load which they supply in accordance with the requirements of Section 2821.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2716.1. Arcing Parts.

Note • History

Parts of electric equipment which in ordinary operation produce arcs, sparks, flames, or molten metal shall be enclosed or separated and isolated from all combustible material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2717. Energized Parts.

Note • History

Energized parts shall be so located or enclosed as to prevent accidental contact by persons or objects.

(Title 24, Part 3, Section 110-31.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2718. Marking.

Note • History

(a) Identification of manufacturer and ratings. Electric equipment shall not be used unless the following markings have been placed on the equipment:

(1) The manufacturer's name, trademark, or other descriptive marking by which the organization responsible for the product may be identified; and

(2) Other markings giving voltage, current, wattage, or other ratings as necessary.

(b) Durability. The marking shall be of sufficient durability to withstand the environment involved.

(c) All switches, circuit breakers, and other control devices shall be located or marked to indicate clearly the equipment controlled by them.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2718.1. Disconnecting Means and Circuits.

Note • History

(a) Motors and appliances.

Each disconnecting means required by these Electrical Safety Orders for motors and appliances shall be legibly marked to indicate its purpose, unless located and arranged so the purpose is evident.

(b) Services, feeders, and branch circuits. Each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, shall be legibly marked to indicate its purpose, unless located and arranged so the purpose is evident.

(c) Durability of markings. The markings required by subsections (a) and (b) of this section shall be of sufficient durability to withstand the environment involved.

(d) Capable of accepting a lock. Disconnecting means required by these Electrical Safety Orders shall be capable of being locked in the open position.

(e) Marking for series combination ratings.

(2) The marking required by subsection (e)(1) of this section shall be readily visible and shall state “Caution -- Series Combination System Rated -- Amperes. Identified Replacement Component Required.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 4. Service and Service Entrance Equipment

(Formerly Article 53)

§2719. Application.

Note • History

This article applies to all equipment and wiring from the service point to and including the service equipment. (See Diagram 2719.)

Diagram 2719

Embedded Graphic 08.0309

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18953(c), Health and Safety Code.

HISTORY

1. Editorial correction renumbering former Article 53 to Article 4 and adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Change without regulatory effect providing more legible version of Diagram 2719 filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

§2720. General.

Note • History

No building or premises shall be supplied at more than one service point except when one or more of the following conditions apply:

(a) Capacity Requirements. Where the load requirements of the installation are greater than the serving agency will supply through one set of service conductors, or where the capacity of available equipment is exceeded.

(b) Continuity of Service. Where the installation is of such a character as to require alternate or multiple sources of supply from the serving agency to ensure service continuity.

(d) Location of Load. Where the load is distributed so that more than one service point is desirable.

(Title 24, Part 3, Section 230-200.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2721. Service Raceways.

Note • History

Service conductors within buildings shall be installed in suitable raceways or be of approved meta-clad cable.

(Title 24, Part 3, Section 230-202.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2722. Service Through Buildings.

Note • History

Overhead or underground services or service entrance conductors shall not supply one building through another.

Exception: This requirement does not apply to conductors in conduit or duct placed under or encased in at least 3 inches of concrete or equivalent fire-resistant material.

(Title 24, Part 3, Section 3-230-202(i).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2723. Service Entrance Conductors and Clearances.

Note • History

Service entrance conductors to buildings or enclosures (including transformer vaults and enclosures, and substations, indoor and outdoor) shall be installed to conform to one of the following methods:

(Title 24, Part 3, Section 3-230-202.)

(a) Overhead service entrance conductors shall be permitted to be run open and unguarded, in which case they shall be supported and maintained at clearances not less than the minimum required by General Order No. 95, Rules for Overhead Electric Line Construction of the California Public Utilities Commission, 1981 Edition.

(Title 24, Part 3, Section 3-230-202(c).)

(b) Open service entrance conductors shall be attached to the building at one point only, and shall be suitably guarded against accidental contact. The length of open conductor between such point of attachment and the point where the conductors enter the building or the raceway shall be as short as practicable, but in no case greater than 3 feet. There shall be a conspicuous and permanent “HIGH VOLTAGE” sign placed on the outside immediately adjacent to the point of attachment.

(Title 24, Part 3, Sections 3-230-202(e) and 3-230-203.)

(c) Where service entrance conductors are installed in or on a building other than a substation or transformer vault or transformer enclosure, the conductors within and upon the building shall have an approved insulation and shall be installed in rigid conduit or in other approved raceways, or as metal-clad cable approved for the application.

(Title 24, Part 3, Section 3-230-202(j).)

(d) Suitably insulated service entrance conductors shall be permitted to be installed underground in conduit, raceway, pre-assembled flexible conduit, or shall be permitted to be direct buried at a depth of at least 36 inches. A grounded neutral conductor or an equipment grounding conductor, either bare or insulated, shall be permitted to be installed in the service entrance conduit or raceway or shall be permitted to be direct buried immediately adjacent to the associated service entrance conduit, raceway, or direct buried ungrounded conductors.

(Title 24, Part 3, Section 3-230-202(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2724. Conductors in Service Entrance Raceway.

Note • History

Conductors other than service entrance conductors and grounding conductors shall not be installed in service entrance raceways.

(Title 24, Part 3, Section 3-230-212.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2725. Location of Switching Devices and Other Service Entrance Equipment.

Note • History

(b) The service disconnecting means shall simultaneously disconnect all ungrounded conductors supplied through the service entrance conductors.

Exception: No. 1: Metering equipment shall be permitted to be placed on the source side of the service switching device and fuses, provided the metering is suitably enclosed and no energized parts or wiring are exposed or accessible to other than employees of the serving agency.

Exception: No. 2: Current transformers for protection of service equipment or current indication.

Exception: No. 3: When suitable overcurrent protection and disconnecting means are provided, a circuit used for any of the following purposes shall be permitted to also be connected on the source side of the service entrance switching device: (a) Fire pumps; and (b) Potential or control transformers for electrical operation or protection of the service equipment, or for voltage indication. If voltage indication is provided, it shall be on all phases.

(d) Each service disconnecting means shall be suitable for the prevailing conditions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2726. Enclosure.

Note • History

Energized parts of service entrance equipment, including instrument transformers, shall be enclosed so that they will not be exposed to accidental contact.

(Title 24, Part 3, Section 3-230-213.)

NOTE

Authority cited: Section 142.3, Labor ode. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2727. Ampacity. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Repealer filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2728. Overcurrent Protection Requirements.

Note • History

Service entrance conductors shall have a protective device in each ungrounded conductor, on the load side of, or as an integral part of the service entrance switch. The protective device shall be capable of detecting and interrupting all values of current in excess of its minimum trip setting or minimum melting point which can occur at its location. A fuse rated in continuous amperes not to exceed three times the nominal current rating of the conductors, or a circuit breaker with a minimum trip setting of not more than six times the nominal current rating of the conductors, will be considered as providing the required protection. The nominal current rating of the conductors shall be as required by Section 2821.

Exception: Where the serving agency agrees to provide overcurrent protection in accordance with the above requirement, no further overcurrent protection is required.

(Title 24, Part 3, Section 230-208.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2729. Switching Requirements.

Note • History

Each set of service entrance conductors shall have a service entrance switch meeting the requirements of Article 20 or 21.

The service entrance switch shall be group operated to open each set of ungrounded service entrance conductors and shall be capable of being padlocked in the open position.

(Title 24, Part 3, Section 3-230-74.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2730. Switches in Parallel (Multiple).

Note • History

When the load of an existing service entrance switch increases beyond its continuous current rating or continuity of service requires, a second service entrance switch of identical rating shall be permitted to be connected in parallel with it, provided:

(a) Each switch has interrupting capacity equal to or greater than the maximum fault current that can occur at its location.

(b) Each switch has its own overcurrent protection arranged to trip both switches automatically.

Exception: Both switches need not have a common tripping arrangement if continuity of service requires that both switches not be tripped together, under fault conditions, and a suitable relay protection scheme is employed to separate faulted portions from the system.

(d) Both switches can be padlocked in the open position.

(Title 24, Part 3, Section 3-230-214.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2731. Isolation Requirements.

Note • History

A means conforming to Article 20 or 21 shall be provided to isolate the load and each overcurrent protective device in the service entrance conductors from all sources of supply.

(Title 24, Part 3, Section 3-230-215.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference:Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2732. Paralleling and Isolating Switches.

Note • History

(a) Two or more sets of service entrance conductors which can be operated in parallel shall be provided with a suitable means to isolate each set from all other sets of service entrance conductors.

(b) The paralleling switch or switches intended to make and break parallel shall conform to Article 20 or 21.

(c) Operation of paralleling switches shall be restricted to qualified and authorized persons only. A written switching procedure shall be made available to and followed by such personnel.

(Title 24, Part 3, Section 3-230-216.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 8, No. 1).

Article 5. Feeders and Branch Circuits

(Formerly Article 54)

§2734. Ampacity.

Note • History

Feeder and branch circuit conductors shall meet the requirements of Section 2821.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 54 to Article 5 filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

§2735. Overcurrent Protection.

Note • History

(a) Feeders and branch circuit conductors shall have overcurrent protection in each ungrounded conductor located at the point where the conductor receives its supply or at a location in the circuit determined under engineering supervision.

(1) Circuit breakers used for overcurrent protection of three-phase circuits shall have a minimum of three overcurrent relays operated from three current transformers. On three-phase, three-wire circuits, an overcurrent relay in the residual circuit of the current transformers may replace one of the phase relays. An overcurrent relay, operated from a current transformer that links all phases of a three-phase, three-wire circuit, may replace the residual relay and one of the phase-conductor current transformers. Where the neutral is not grounded on the load side of the circuit, the current transformer may link all three phase conductors and the grounded circuit conductor (neutral); and

(2) If fuses are used for overcurrent protection, a fuse shall be connected in series with each ungrounded conductor;

(3) Each protective device shall be capable of detecting and interrupting all values of current that can occur at its location in excess of its trip setting or melting point.

(4) The operating time of the protective device, the available short-circuit current, and the conductor used shall be coordinated to prevent damaging or dangerous temperatures in conductors or conductor insulation under short-circuit conditions; and

(5) The nominal rating of the cables will be as required by Section 2821.

(b) The following additional requirements apply to feeders only:

(1) The continuous ampere rating of a fuse shall not exceed three times the ampacity of the conductors. The long-time trip element setting of a breaker or the minimum trip setting of an electronically actuated fuse shall not exceed six times the ampacity of the conductor.

Exception for fire pumps: Conductors may be protected for short circuit only.

(2) Taps to a feeder need not have separate fault protective devices, provided that the conductors are capable of withstanding the maximum short circuit current that can occur for the time necessary for a fault protective device on the source side of the conductors to operate.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2736. Switching Requirements.

Note • History

A switch meeting the requirements of these regulations shall be installed on the source end of each feeder or branch circuit.

(a) Paralleling Switches.

(1) Two or more feeders which can be operated in a parallel shall be provided with a suitable switch(es) to isolate each feeder from all other feeders.

(2) The switch(es) intended to make and break parallel shall conform to Article 20 or 21.

(3) Operation of paralleling switches shall be restricted to qualified and authorized persons only. A written switching procedure shall be made available to and followed by such personnel.

(Title 24, Part 3, Section 3-710-24(r).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2737. Isolation Requirements.

Note • History

Each feeder shall be arranged so that it can be isolated from all sources of supply except that isolating switches are not required for taps. Isolating switches shall meet the requirements of Articles 20 or 21.

(Title 24, Part 3, Section 3-710-24(r).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2738. Identification of Multiwire Branch Circuits.

Note • History

Where more than one nominal voltage system exists in a building containing multiwire branch circuits, each ungrounded conductor of a multiwire branch circuit, where accessible, shall be identified by phase and system. The means of identification shall be permanently posted at each branch-circuit panelboard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 6. Grounding

(Formerly Article 55)

§2739. Grounding of Systems and Circuits--General. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 55 to Article 6 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Renumbering of former section 2739 to new section 2739.1 filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2739.0. Scope.

Note • History

This Article contains grounding requirements for systems, circuits, and equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2739.1. Grounding of Systems and Circuits--General.

Note • History

(a) Grounding of high-voltage systems and circuits is permitted, but is not mandatory unless specifically required elsewhere in these regulations. Where high-voltage systems are grounded, the applicable requirements of this Article 6 shall apply.

(b) Grounding connections shall be arranged to prevent objectionable current in the equipment grounding conductor during normal system operation. The temporary current carried by the equipment grounding conductor during fault conditions, while the grounding system is performing its intended protective function, is not objectionable.

(d) Grounding electrodes shall be of corrosion-resistant material and of adequate size, number, and location to effectively ground the system.

(e) Local piping systems, well casings, and the like shall not be used as system grounding electrodes unless their resistance to ground will be maintained low enough to insure effective grounding.

(f) Identification of conductors.

(1) A conductor used as a grounded conductor shall be identifiable and distinguishable from all other conductors.

(2) A conductor used as an equipment grounding conductor shall be identifiable and distinguishable from all other conductors.

(g) Polarity of connections. No grounded conductor may be attached to any terminal or lead so as to reverse designated polarity.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former section 2739 to new section 2739.1, including amendment of section and Note, filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2739.4. Grounding Connections.

Note • History

(a) For a grounded system, a grounding electrode conductor shall be used to connect both the equipment grounding conductor and the grounded circuit conductor to the grounding electrode. Both the equipment grounding conductor and the grounding electrode conductor shall be connected to the grounded circuit conductor on the supply side of the service disconnecting means or on the supply side of the system disconnecting means or overcurrent devices if the system is separately derived.

(c) Grounding connections shall be clamp type, pressure type, welded, or other approved types. Solder-type connections shall not be used for grounding.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2740. Solidly Grounded Neutral Systems.

Note • History

(a) Grounding of solidly grounded neutral systems shall be accomplished in a manner illustrated by Diagram 2740 if the system neutral is available at the service entrance equipment.

(b) If the grounded neutral conductor is carried into the premises, it shall be identified as the grounded conductor. The minimum insulation level for neutral conductors of solidly grounded systems shall be 600 volts.

Exception: Bare conductors be used for the neutral of direct buried portions of solidly grounded systems.

(c) The neutral grounding conductor shall be permitted to be a bare conductor if properly isolated from phase conductors and protected from physical damage.

(d) Equipment grounding circuit conductors shall be permitted to be bare and shall be connected to the ground bus and grounding electrode conductor at the service entrance equipment. (See Diagram 2740.)

(e) Multiple grounding of the equipment grounding conductor is permitted.

(f) The use of multiple neutral grounds on exterior wiring systems is permitted.

(Title 24, Part 3, Section 250-152.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Diagram 2740

SOLIDLY GROUNDED SYSTEM

Embedded Graphic 08.0310

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer of Diagram 2740(a) and new Diagram 2740 filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

2. Change without regulatory effect providing more legible versions of Diagram 2740 filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

§2741. Impedance Grounded Neutral Systems.

Note • History

(a) Grounding of impedance grounded neutral systems shall be accomplished in a manner illustrated by Diagram 2741, if practicable.

(b) If the impedance grounded neutral conductor is carried into the premises, it shall be identified, as well as fully insulated with the same insulation as the phase conductors.

(d) Equipment grounding conductors shall be permitted to be bare and shall be connected to the ground bus and grounding electrode conductor at the service entrance equipment. (See Diagram 2741.)

(Title 24, Part 3, Section 250-153.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Diagram 2741

IMPEDANCE GROUNDED SYSTEM

Embedded Graphic 08.0311

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer of Diagram 2741(a) and new Diagram 2741 filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

2. Change without regulatory effect providing more legible versions of Diagram 2741 filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

§2742. Grounding of Equipment. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (c) and (h) filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Repealer filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2742.0. Grounding Path.

Note • History

The path to ground from circuits, equipment, and enclosures shall be permanent, continuous, and effective.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2742.1. Grounding of Supports, Enclosures and Equipment.

Note • History

(a) The following shall be permanently and effectively grounded before the associated high-voltage equipment is energized.

(1) Metal conduit, cable armor, metal cable trays, metal raceways, and other metal raceways or enclosures for conductors.

EXCEPTION for Section 2742.1(a)(1):

Metal enclosures such as sleeves that are used to protect cable assemblies from physical damage need not be grounded.

(2) Lightning arrester ground terminals and such other equipment.

(b) Exposed noncurrent-carrying metal parts of fixed equipment that may become energized shall be grounded under any of the following conditions:

(1) If within 8 ft. (2.44 m) vertically or 5 ft. (1.52 m) horizontally of ground or grounded metal objects and subject to employee contact;

(2) If located in a wet or damp location and not isolated;

(3) If in electrical contact with metal;

(4) If in a hazardous (classified) location;

(5) If supplied by a metal-clad, metal-sheathed, or grounded metal raceway wiring method; or

(6) If equipment operates with any terminal at over 150 volts to ground.

EXCEPTIONS for Section 2742.1(b):

Exposed noncurrent-carrying metal parts of the following types of fixed equipment need not be grounded:

1. Enclosures for switches or circuit breakers used for other than service equipment and accessible to qualified persons only.

2. Distribution apparatus, such as transformer and capacitor cases, mounted on wooden poles, at a height exceeding 8.0 ft. (2.44 m) above ground or grade level.

NOTE: Clearances prescribed by the California Public Utilities Commission shall apply where applicable if more protective.

(c) Effective grounding of all equipment shall be assured by the use of an equipment grounding conductor, where feasible, such that the path to ground will:

(1) Be permanent, and continuous.

(2) Have ample ampacity to conduct safely any currents liable to be imposed upon it.

(3) Have impedance sufficiently low to limit the potential above ground, and to facilitate the operation of the overcurrent or ground fault detecting devices in the system. Where the conduit is intended to function as the equipment grounding conductor, approved threaded couplings, hubs, and joints, or double locknuts and bushings with bonding jumpers are required.

(d) Where high-voltage equipment and associated metal enclosures or structures are intentionally isolated from ground, provision shall be made to prevent any person who can make contact with ground from contacting the isolated equipment and associated metal enclosures or structures when such equipment is energized. Intentional grounds shall be applied after such equipment is de-energized and before access is permitted, in accordance with Work Procedures, Article 36.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2742.2. Nonelectrical Equipment.

Note • History

The metal parts of the following nonelectrical equipment shall be grounded:

(a) Frames and tracks of electrically operated cranes and hoists.

(b) Non-energized metal parts of all fixed equipment and associated fences, housings, partitions, grillework and similar metal enclosures, and supporting structures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2742.3. Methods of Grounding Fixed Equipment.

Note • History

(a) Noncurrent-carrying metal parts of fixed equipment, if required to be grounded by these orders, shall be grounded by an equipment grounding conductor that is contained within the same raceway, cable, or cord, or runs with or encloses the circuit conductors.

EXCEPTION for DC circuits only: The equipment grounding conductor may be run separately from the circuit conductors.

(b) Electric equipment is considered to be effectively grounded if it is secured to, and in electrical contact with, a metal rack or structure that is provided for its support and the metal rack or structure is grounded by the method specified for the noncurrent-carrying metal parts of fixed equipment in subsection 2742.3(a).

(c) For installations made before April 16, 1981, electric equipment is also considered to be effectively grounded if it is secured to, and in metallic contact with, the grounded structural metal frame of a building. When any element of this branch circuit is replaced, the entire branch circuit shall use an equipment grounding conductor that complies with all other provisions of Article 6 of these Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2743. Grounding of Systems and Circuits.

Note • History

If high voltage systems are grounded, they shall comply with all applicable provisions of other sections of this Article as supplemented and modified by the following requirements:

(a) Systems supplying portable or mobile high voltage equipment, other than substations installed on a temporary basis, shall comply with the following:

(1) The system shall have its neutral grounded through an impedance.

Where a delta-connected high-voltage system is used to supply the equipment, a system neutral shall be derived.

(2) Exposed non-current-carrying metal parts of portable and mobile equipment shall be connected by an equipment grounding conductor to the point at which the system neutral impedance is grounded.

(3) Ground fault detection and relaying shall be provided to automatically de-energize any high-voltage system component which has developed a ground fault. The continuity of the equipment grounding conductor shall be continuously monitored so as to de-energize automatically the high-voltage feeder to the portable equipment upon loss of continuity of the equipment grounding conductor.

(4) The grounding electrode to which the portable equipment system neutral impedance is connected shall be isolated from and separated in the ground by at least 20 feet (6.1 m) from any other system or equipment grounding electrode, and there shall be no direct connection between the grounding electrodes, such as buried pipe, fence, etc.

(b) All Noncurrent-carrying metal parts of all portable and fixed equipment including their associated fences, housings, enclosures, and supporting structures, shall be grounded.

Exception: Equipment that is guarded by location and isolated from ground need not be grounded.

(c) The product of the maximum ground fault current and the impedance of the ground return conductor shall be such as to limit the voltage developed between the portable equipment frame and ground (by the flow of ground fault current) to not more than 100 volts.

(d) High-voltage trailing cables and couplers for interconnection of portable equipment shall be the type approved for the purpose. See Article 14.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section heading, section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 7. General Requirements--Wiring Methods

(Formerly Article 56)

§2745. Covers Required. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 56 to Article 7 filed 11-2-83 (Register 83, No. 45).

2. Renumbering of former section 2745 to new section 2745.2 filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2745.0. Scope.

Note • History

The provisions of this Article do not apply to conductors that are an integral part of factory-assembled equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2745.1. General Requirements.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2745.2. Covers Required.

Note • History

Suitable covers shall be installed on all boxes, fittings, and enclosures to prevent accidental contact with live parts or physical damage to parts or insulation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former section 2745 to new section 2745.2, including amendment of section and Note, filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2746. Conductors of Different Systems.

Note • History

Conductors of high-voltage and low-voltage systems shall not occupy the same wiring enclosure or pull and junction boxes except in approved switchgear and control assemblies.

(Title 24, Part 3, Section 300-32.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2747. Inserting Conductors in Raceways.

Note • History

Raceways, except those used for exposed work and having a removable cover, shall first be installed as a complete raceway system without the conductors. Pull wires, if used, shall not be installed until the raceway system is in place.

Approved pulling compound shall be permitted to be used as a lubricant in inserting conductors in raceways. Cleaning agents or lubricants having a deleterious effect on conductor coverings shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2748. Conductor Bending Radius.

Note • History

The conductor shall not be bent to a radius less than eight times the overall diameter for non-shielded conductors or twelve times the diameter for shielded or lead-covered conductors during or after installation.

(Title 24, Part 3, Sections 300-34.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2749. Protection Against Induction Heating. [Repealed]

History

HISTORY

1. Repealer filed 7-25-75; effective thirtieth day thereafter (Register 75, No. 30).

§2749.1. Aboveground Wiring Methods.

Note • History

(a) Aboveground conductors shall be installed in rigid metal conduit, in intermediate metal conduit, in electrical metallic tubing, in rigid nonmetallic conduit, in cable trays, as busways, as cablebus, in other identified raceways, or as open runs of metal-clad cable suitable for the use and purpose. In locations accessible to qualified persons only, open runs of Type MV cables, bare conductors, and bare busbars are also permitted. Busbars shall be either copper or aluminum. Open runs of insulated wires and cables having a bare lead sheath or a braided outer covering shall be supported in a manner designed to prevent physical damage to the braid or sheath.

(b) Conductors emerging from the ground shall be enclosed in approved raceways.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2749.2. Braid-Covered Insulated Conductors -- Open Installations.

Note • History

The braid on open runs of braid-covered insulated conductors shall be flame-retardant or shall have a flame-retardant saturant applied after installation. This treated braid covering shall be stripped back a safe distance at conductor terminals, according to the operating voltage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2750. Grounding.

Note • History

Wiring and equipment installations shall be grounded to conform with the applicable provisions of Article 6.

(Title 24, Part 3, Section 300-36.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2751. Overcurrent Devices in Grounded Conductors.

Note • History

No overcurrent device shall be placed in any permanently grounded conductor, except where the overcurrent device simultaneously opens all conductors of the circuit or for motor running protection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-14-75 as an emergency; effective upon filing (Register 75, No. 42).

2. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).

3. Editorial correction of NOTE filed 11-2-83 (Register 83, No. 45).

Article 8. Cabinets, Boxes, and Fittings

(Formerly Article 57)

§2752. Size of Pull Boxes and Raceway Entrance Locations.

Note • History

(a) Pull boxes shall be of sufficient size and design to accommodate the installation and maintenance of all conductors installed in them without damaging the insulation on any conductor.

(Title 24, Part 3, Section 3-370-51(a).)

(b) Where permanent barriers are installed in a box, each section shall be considered as a separate box.

(Title 24, Part 3, Section 3-370-51(d).)

(Title 24, Part 3, Section 370-51(c).)

(d) Horizontal conductors of 6 feet or more in length inside the box shall be supported.

(Title 24, Part 3, Section 3-370-51(e).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 57 to Article 8 filed 11-2-83 (Register 83, No. 45).

2. Amendment of article heading filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2753. Construction and Installation Requirements.

Note • History

(a) Pull boxes shall be made of material inherently resistant to corrosion or shall be suitably protected, both internally and externally, by enameling, galvanizing, plating, or other equivalent means.

(b) Suitable bushings, shields, or fittings having smooth rounded edges shall be provided where conductors pass through partitions and at other locations where necessary.

(d) Pull boxes shall be so installed that the wiring is accessible without removing any part of the building. Working space shall be provided in accordance with Article 35.

(e) Pull boxes shall be of a type approved for the respective location in which they are installed.

(f) Boxes shall be effectively closed by suitable covers secured against unauthorized entry. Underground box covers that weigh over 100 pounds (45.4 kg) shall be considered secured against unauthorized entry.

(g) Pull boxes and their covers shall be able to withstand the loading to which they may be subjected.

(h) Pull boxes shall be securely fastened or set in place.

(i) Covers for boxes shall be labeled “HIGH VOLTAGE.” The label shall be on the outside of the box cover and readily visible. Letter shall be block letters at least 1/2 inch in height.

(j) For grounding, see Article 6.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2754.1. Conductors Entering Boxes, Cabinets, or Fittings.

Note • History

(a) Conductors entering cutout boxes, cabinets, or fittings shall be protected from abrasion, and openings through which conductors enter shall be effectively closed.

(b) Unused openings in cabinets, boxes, and fittings shall be effectively closed.

Exception: Where cable with an entirely nonmetallic sheath enters the top of a surface-mounted enclosure through one or more nonflexible raceways not less than 18 in. (457 mm) or more than 10 ft. (3.05 m) in length, the cable need not be secured to the cabinet, box, or enclosure provided all of the following conditions are met:

(a) Each cable is fastened within 12 in. (305 mm) of the outer end of the raceway, measured along the sheath;

(b) The raceway extends directly above the enclosure and does not penetrate a structural ceiling;

(c) A fitting is provided on each end of the raceway to protect the cable from abrasion, and the fittings remain accessible after installation;

(d) The raceway is sealed or plugged at the outer end using approved means so as to prevent access to the enclosure through the raceway;

(e) The cable sheath is continuous through the raceway and extends into the enclosure not less than 0.25 in. (6.35 mm) beyond the fitting;

(f) The raceway is fastened at its outer end and at other points as necessary; and

(g) Where installed as conduit or tubing, the allowable cable fill does not exceed that permitted for complete conduit or tubing systems.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2754.2. Covers and Canopies.

Note • History

All pull boxes, junction boxes, and fittings shall be provided with covers identified for the purpose. If metal covers are used, they shall be grounded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 9. Open Wiring (Bare)

(Formerly Article 58)

§2755. Scope.

Note • History

Bare open wiring is permitted in enclosed areas which are accessible only to qualified and authorized persons. Such areas shall be restricted to electrical use only and shall be enclosed in accordance with Article 17. This article shall not apply to the internal wiring of enclosed equipment.

See Article 19 for requirements for overhead lines.

(Title 24, Part 3, Section 3-710-35.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 58 to Article 9 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2756. Spacing Between Bare Energized Parts and Adjacent Surfaces.

Note • History

Minimum spacing for bare conductors shall be in accordance with Table 2756, although greater spacing may be required by unusual atmospheric or other special conditions.

Table 2756

Minimum Spacing in Inches Between Bare Energized Parts

and Adjacent Surfaces

Voltage Outdoor Indoor

Phase Phase Phase Phase Phase

to to to to to

Phase Ground Phase Ground Phase

601 3 1/2 5 3/4 3/4

750 3 1/2 5 3/4 3/4

1200 3 1/2 5 1 1/4 1 1/4

2500 3 1/2 5 2 2 1/2

5000 6 7 2 1/2 4

7500 6 7 4 5

15000 7 12 6 7

23000 10 15 10 15

35000 13 18 13 18

Above 35 KV .37 /KV .455 /KV 36 /KV .455 /KV

NOTES:

(1) Spacings shown are minimum for energized parts to energized parts or energized parts to ground for elevations up to 3,300 feet above sea level. From 3,301 to 10,000 feet elevations, increase spacings by 10 percent, and above 10,000 feet elevation, increase spacings by 20 percent. For voltages above 230 KV, spacings shall be as required for the BIL of the system.

(2) For intermediate values of system voltage, use next higher voltage in table.

(Title 24, Part 3, Section 3-710-33.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 1210-87; operative 1-9-88 (Register 88, No. 1).

§2757. Insulators.

Note • History

Insulators and insulator supports shall have sufficient mechanical strength to withstand the maximum stress to which they may be subjected by a fault on the system to which they are applied. Insulators for bare conductors shall have a minimum voltage rating equal to the nominal system voltage.

(Title 24, Part 3, Section 3--710-84(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2758. Clearances.

Note • History

Clearances over driveways within outdoor transformer or switching enclosures shall conform to Rule 37, General Order No. 95, Rules for Overhead Electric Line Construction, State of California Public Utilities Commission, 1981 Edition, which is hereby incorporated by reference.

Exception: These clearances will not be required for wiring protected by barriers, or screens, or for wiring located so as to prevent accidental contact.

(Title 24, Part 3, Section 3-710-85.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 10. Conduit

(Formerly Article 59)

§2760. General.

Note • History

(a) Types and Sizes. Rigid metallic conduit and rigid nonmetallic conduit are approved for general use. Flexible metal conduit shall be permitted to be used as permitted by Section 2881(c). Electrical metallic tubing is not approved for high-voltage installations.

(Title 24, Part 3, Section 3-710-10(a).)

(b) Circuit in a Conduit. The conductors in a conduit shall be only those of a single circuit or feeder with the associated neutral and grounding conductor(s) if used.

(Title 24, Part 3, Section 3-710-10(b).)

(Title 24, Part 3, Section 3-710-10(c).)

(d) Fittings.

(1) Conduit fittings shall be of a size and type which will permit at least the minimum radius cable bend as required by Section 2748 for the size, type, and voltage to be installed. No splices or taps shall be made within conduit fittings.

(2) The conduit shall be secured to each enclosure by locknuts on the inside and outside of the enclosure, by threaded hubs, or by other approved fittings.

Exception: Locknuts are not required where conduit is stubbed through a concrete surface which forms a side of the enclosure.

(3) A bushing shall be installed where cables enter a conduit unless the design of the equipment is such as to afford equal protection.

(Title 24, Part 3, Section 3-710-10(d).)

(e) Conduit Bends. Conduit bends shall be so made that the cable will not be injured and the internal diameter of the conduit is not reduced.

(Title 24, Part 3, Section 3-710-10(e).)

(f) Continuity of System. Conduit shall be installed as a complete continuous system so connected to all boxes, fittings, and enclosures as to provide effective enclosure for the conductors.

(Title 24, Part 3, Section 3-710-10(f).)

(g) Support. The entire system shall be securely fastened in place. Conduits to be encased in concrete shall be secured in place to maintain spacing and alignment during placing and curing of the concrete.

(Title 24, Part 3, Section 3-710-10(g).)

(h) Conduit Fill. The conduit shall be of such size that the sum of the cross-sectional areas of the individual conductors will not be more than the percentage of the interior cross-sectional area of the conduit as shown in Table 2760.

Table 2760

Percent Area of Conduit

Number of Conductors

1 2 3 4 Over 4

All types of conductors 60 40 45 50 50

(Title 24, Part 3, Section 3-710-10(h).)

(i) Grounding. Conduit systems shall be grounded as required by Article 6 of these regulations.

(Title 24, Part 3, Section 3-710-7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 59 to Article 10 filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (a) filed 11-2-83 (Register 83, No. 45). 3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2761. Rigid Metal Conduit.

Note • History

(a) Use. Rigid metal conduit shall be permitted to be used under all atmospheric conditions and occupancies, provided conduits and fittings exposed to the weather or to severe corrosive influences are of corrosion-resistant material or have coatings inside and outside suitable for the conditions. Where dissimilar metals are used, they shall be joined by an approved device or method.

(Title 24, Part 3, Section 3-346-1.)

(b) Running Threads. Running threads shall not be used.

(Title 24, Part 3, Section 3-346-9(b).)

(c) Support. Conduit shall be supported at least every 10 feet. However, rigid metallic runs of conduit made up with approved threaded couplings and uninterrupted by pull boxes shall be permitted to be secured in accordance with Table 2, provided such fastening prevents transmission of stresses to terminus when conduit is deflected between supports.

Table 2761

Maximum Distance Between

Conduit Size Conduit Supports

1/2 inch 10 feet

3/4 inch 10 feet

1 inch 12 feet

1 1/4 inch 14 feet

1 1/2 inch 14 feet

2 inch 16 feet

2 1/2 inch 16 feet

3 inch and larger 20 feet

(Title 24, Part 3, Section 3-346-12.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2762. Rigid Nonmetallic Conduit.

Note • History

(a) Description. Nonmetallic conduit shall be resistant to moisture, chemical atmospheres, impact and crushing, and distortion due to heat where such conditions are likely to be encountered in service. It shall be weather resistant where installed out of doors.

(Title 24, Part 3, Section 3-347-1.)

(b) Use. Rigid nonmetallic conduit and fittings approved for the purpose shall be permitted to be used for exposed work if properly protected where exposed to severe mechanical damage.

(Title 24, Part 3, Section 3-347-2(b).)

(c) Support. Conduit shall be supported within 4 feet of each box, cabinet, or other conduit termination and shall be adequately supported elsewhere as required in Table 2762.

Table 2762

Maximum Distance Between

Conduit Size Conduit Supports

1/2 inch 4 feet

3/4 inch 4 feet

1 inch 5 feet

1 1/4 inch 5 feet

1 1/2 inch 5 feet

2 inch 5 feet

2 1/2 inch 6 feet

3 inch 6 feet

3 1/2 inch 7 feet

4 inch 7 feet

5 inch 7 feet

6 inch 8 feet

Rigid nonmetallic conduit and fittings approved for the purpose shall be permitted to be used underground if properly protected where exposed to severe mechanical damage.

(Title 24, Part 3, Section 3-347-8.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 11. Metal-Enclosed Bus

(Formerly Article 60)

§2764. Grounding.

Note • History

Metal-enclosed bus shall be grounded in accordance with Article 6.

(Title 24, Part 3, Section 364-22.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 60 to Article 11 filed 11-2-83 (Register 83, No. 45).

§2765. Adjacent and Supporting Structures.

Note • History

Metal-enclosed busways shall be installed so that temperature rise from induced circulating currents in any adjacent metallic parts will not be hazardous to personnel or constitute a fire hazard.

(Title 24, Part 3, Section 364-23.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2766. Neutral.

Note • History

Neutral bus, where required, shall be sized to carry neutral load current and shall have adequate momentary and short circuit rating consistent with system requirements.

(Title 24, Part 3, Section 364-24.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2767. Barriers and Seals.

Note • History

Bus runs having sections located both inside and outside of building shall provide a vapor seal at the building wall to prevent interchange of air between indoor and outdoor sections unless forced cooled. Fire barriers shall be provided at walls where fire separation is required.

(Title 24, Part 3, Section 364-25.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2768. Perforated Enclosures.

Note • History

Where perforated enclosures are used, bus shall be installed in accordance with Article 9, Open Wiring.

(Title 24, Part 3, Section 3-364-27.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2769. Terminations and Connections.

Note • History

Flexible or expansion connections shall be provided in long, straight runs of bus to allow for temperature expansion or contraction, or where the bus run crosses building vibration insulation joints.

All conductor termination and connection hardware shall be accessible for installation, connection, and maintenance.

Where bus enclosures terminate at machines cooled by flammable atmospheres, seal-off bushings, baffles, or other means shall be provided to prevent accumulation of flammable gas in the bus enclosure.

(Title 24, Part 3, Section 364-28.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2770. Switches.

Note • History

Switching devices or disconnecting links provided in the bus run shall have the same momentary rating as the bus.

Disconnecting links shall be plainly marked to be removable only when bus is de-energized. Switching devices which are not load break shall be interlocked to prevent operation under load and disconnecting link enclosures shall be interlocked to prevent access to energized parts.

(Title 24, Part 3, Section 364-29.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2771. Identification.

Note • History

Each bus run shall be provided with a permanent nameplate on which the following information shall be provided:

(a) Rated voltage.

(b) Rated continuous current; if bus is forced cooled, both the normal forced cooled rating and the self-cooled (not forced cooled) rating for the same temperature rise shall be given.

(d) Rated impulse withstand voltage.

(e) Rated 60-cycle withstand voltage (dry).

(f) Rated momentary current.

(g) Manufacturer's name and address.

Note: Metal-enclosed buses shall be constructed and tested in accordance with ANSI C37.20--1969.

(Title 24, Part 3, Section 364-21.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

§2772. Drain Facilities.

Note • History

Drain plugs, filter drains, or similar methods shall be provided to remove condensed moisture from low points in bus run.

(Title 24, Part 3, Section 364-26.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2773. Low-Voltage Wiring.

Note • History

Secondary control devices and wiring which are provided as part of the metal-enclosed bus run shall be isolated by grounded metal barriers from all primary circuit elements with the exception of short lengths of wire, such as at instrument transformer terminals.

(Title 24, Part 3, Section 364-30.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 12. Continuous Rigid Cable Supports (Cable Trays)

(Formerly Article 61)

§2775. Definition.

Note • History

A continuous rigid cable support is a unit or an assembly of units or sections, and associated fittings, made of metal or other fire-resistant materials forming a continuous rigid structure used to support cables. Continuous rigid cable supports include ladders, troughs, trays, channels, and other similar structures.

(Title 24, Part 3, Section 318-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 61 to Article 12 filed 11-2-83 (Register 83, No. 45).

2. Amendment of article heading filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2776. Use.

Note • History

Continuous rigid cable supports shall be permitted to be used as the mechanical support for metal-clad cables in fire-resistive building constructions as permitted in Section 2783, but shall not be used in hoistways, or where subjected to severe physical damage. Continuous rigid cable supports shall be permitted to be used to support metal-clad cables in flammable atmospheres as permitted in Article 34.

(Title 24, Part 3, Sections 3-318-2(a) and 318-3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2777. Installation.

Note • History

(a) Continuous rigid cable supports shall be installed as a complete support system.

(Title 24, Part 3, Section 3-318-5(a).)

(b) Each run of continuous rigid cable support shall be complete before the installation of cables.

(Title 24, Part 3, Section 318-5(b).)

(c) Where cables may be subjected to physical damage, noncombustible covers or enclosures providing the required protection shall be used.

(Title 24, Part 3, Section 3-318-5(d).)

(d) Continuous rigid cable supports shall be permitted to extend transversely through partitions or walls, other than fire walls, provided the section of the support within the wall is continuous and unventilated.

(Title 24, Part 3, Section 318-5(g).)

(e) Continuous rigid cable supports shall be permitted to extend vertically through floors and platforms, provided the continuous rigid cable support is totally enclosed where it passes through the floor or platform opening and for a distance of 6 feet above the floor or platform to provide protection from physical damage.

(Title 24, Part 3, Section 318-5(g).)

(f) Continuous rigid cable supports shall be permitted to extend vertically through floors and platforms in wet locations where there are curbs or other suitable means to prevent water flow through the floor or platform opening, and the continuous rigid cable support is totally enclosed where it passes through the floor or platform to provide protection from physical damage.

(Title 24, Part 3, Section 318-5(g).)

(g) In other than horizontal runs, the cables shall be fastened securely to transverse members of the continuous rigid cable support.

(Title 24, Part 3, Section 318-7(b).)

(h) A working space of 24 inches minimum shall be maintained on one side of each rigid cable support.

(Title 24, Part 3, Section 3-318-5(i).)

(i) A minimum vertical clearance of 6 inches shall be maintained from the top of the rigid cable support to all ceilings, beams, and other similar obstructions exceeding 24 inches, measured along the length of the cable support.

(Title 24, Part 3, Section 3-318-5(k).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (c)-(g) filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2778. Grounding.

Note • History

All metal sections of continuous rigid cable supports and fittings shall be electrically continuous and effectively grounded to provide a continuous circuit for fault current. A continuous rigid cable support system shall not be used either as a grounded circuit conductor or as an equipment grounding conductor.

(Title 24, Part 3, Section 3-318-6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2779. Construction.

Note • History

Continuous rigid cable supports shall comply with the following:

(a) Shall have suitable strength and rigidity to provide adequate support for all contained wiring.

(b) Shall not present sharp edges, burrs, or projections injurious to the insulation or jackets of the wiring.

(d) Shall have side rails or equivalent structural members.

(e) Shall include fittings for changes in direction and elevation of runs.

(Title 24, Part 3, Section 318-4.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 13. Metal-Clad Cable

(Formerly Article 62)

§2781. Use.

Note • History

(a) Metal-clad cable shall be permitted to be used in dry locations.

(b) Metal-clad cable shall be permitted to be used in wet locations, provided the insulated conductors and grounding conductors under the metallic covering are suitable for use in wet locations, and

(1) The metallic covering is impervious to moisture, or

(2) A moisture-resistant jacket is provided over the metallic covering.

(c) Metal-clad cable installed in corrosive locations shall be of a type which is corrosion-resistant or be protected with a covering of corrosion-resistant material.

(d) Metal-clad cable shall be permitted to be used in locations containing flammable atmospheres as permitted in Article 34.

(Title 24, Part 3, Section 3-334-3(d).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 62 to Article 13 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2782. Grounding. Grounding Conductor.

Note • History

An internal grounding conductor or conductors, either copper or aluminum, shall be provided in each cable and shall be grounded in accordance with Article 6.

(Title 24, Part 3, Section 3-334-23.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2783. Supports.

Note • History

Metal-clad cable shall be permitted to be installed on metal racks, trays, troughs, or continuous rigid cable supports which are effectively grounded. Each cable shall be supported at intervals not exceeding 6 feet and within 2 feet of every box or fitting, and each cable shall be attached to the support at intervals of not more than 10 feet horizontally and 2 feet vertically.

(Title 24, Part 3, Section 3-334-25.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2784. Bends.

Note • History

All bends shall be so made that the cable will not be injured. (See Section 2748.)

(Title 24, Part 3, Section 334-11.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2785. Fittings.

Note • History

At all points where metal-clad cable terminates, suitable fittings for use with the particular type of cable and the conditions of service shall be used.

(Title 24, Part 3, Section 3-334-12.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2786. Elevation.

Note • History

Metal-clad cable shall not be installed below an elevation of 8 fee above working platform or grade without additional mechanical protection.

Exception: Where the cable terminates in the top of metal-enclosed switchgear, transformers, rotating equipment, and other enclosed equipment, the cable may be extended vertically down to the top of the enclosure if adequate mechanical support is provided.

(Title 24, Part 3, Section 3-334-26.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2787. Strength.

Note • History

The flexible metal enclosure shall provide the equivalent mechanical strength of not less than .025 inch of steel.

(Title 24, Part 3, Section 3-334-27.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2787.1. Splices and Terminations of Metal-Clad Cable.

Note • History

(a) Metal-clad cable splices or terminations shall be electrically and mechanically suitable for the conditions.

(b) Bonding shall be provided across splices to maintain the electrical continuity of the metal sheath.

(Title 24, Part 3, Section 3-110-14(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 14. Portable (Flexible) Cable

(Formerly Article 63)

§2789. Scope.

Note • History

This article applies to multi-conductor portable cables, size 8 AWG or larger.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 63 to Article 14 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2790. Conductor Construction.

Note • History

Multiconductor portable cable for use in supplying power to portable or mobile equipment at over 600 volts, nominal, shall consist of No. 8 or larger conductors employing flexible stranding. However, the minimum size of the insulated ground-check conductor of Type G-GC cables shall be No. 10.

Exception: Portable-type cable is not required to supply mobile equipment that is not frequently moved, provided the cable is suitably protected and will not be moved while energized.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section heading and section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2791. Shielding.

Note • History

(a) All high-voltage portable cables shall be operated with grounded shielding.

(b) Cables operated at over 2,000 volts shall be shielded for the purpose of confining the voltage stresses to the insulation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2792. Equipment Grounding Conductors.

Note • History

(a) Grounding conductors shall be provided.

(b) Identification. A conductor of a flexible cord or cable that is used as a grounded conductor or an equipment grounding conductor shall be distinguishable from other conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section heading and section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2793. Minimum Bending Radii.

Note • History

The minimum bending radii for portable cables during installation and handling in service shall be adequate to prevent damage to the cable.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2794. Fittings.

Note • History

Connectors used to connect lengths of cable in a run shall be of an approved type which lock firmly together. Provisions shall be made to prevent opening or closing these connectors while energized. Suitable means shall be used to eliminate tension at connectors and terminations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2795. Splices and Terminations.

Note • History

(a) Portable (Flexible) cables shall not be operated with splices unless the splices are of the permanent molded, vulcanized, or other approved type.

(b) Terminations. Termination enclosures shall be suitably marked with a high voltage hazard warning, and terminations shall be accessible only to authorized and qualified personnel.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 15. Temporary Wiring

(Formerly Article 64)

§2796. Scope.

Note • History

Except as specifically modified in this Article, all other requirements of these Safety Orders for permanent wiring shall also apply to temporary wiring installations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2797. Use.

Note • History

Temporary electrical installations of more than 600 volts may be used only during periods of construction, test, experiment, or emergencies.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 64 to Article 15 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2798. Guarding.

Note • History

Suitable fencing, barriers, or other means shall be provided to prevent access of other than authorized and qualified personnel to temporary wiring.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2799. Time Limit. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Renumbering of former section 2799 to new section 2799.0 filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2799.0. Time Limit.

Note • History

(a) Temporary wiring as permitted in this section shall not be used for a period exceeding 90 days, except for construction purpose in which case it may be used for not to exceed one year. If necessary to exceed the above time limitation, special permission shall be obtained from the enforcing authority.

(b) All temporary wiring shall be removed immediately upon the completion of the project or purpose for which the wiring was installed; or upon the expiration of the time limit specified above.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former section 2799 to new section 2799.0, including amendment of subsection (b), filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2799.1. Feeders.

Note • History

The following requirements apply to feeders:

(a) Feeders shall originate in an approved distribution center.

(b) Conductors shall be run as multi-conductor cord or cable assemblies. However, if installed as permitted in Section 2797, and if accessible only to qualified persons, feeders may be run as single insulated conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2799.2. Branch Circuits.

Note • History

The following requirements apply to branch circuits:

(a) Branch circuits shall originate in an approved panelboard.

(b) Conductors shall be multiconductor cord or cable assemblies or open conductors.

(d) Each branch circuit that supplies fixed equipment shall contain a separate equipment grounding conductor if run as open conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2799.3.

Note • History

No bare conductors nor earth returns may be used for the wiring of any temporary circuit.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2799.4.

Note • History

Suitable disconnecting switches shall be installed to permit the disconnection of all ungrounded conductors of each temporary circuit. Multiwire branch circuits shall be provided with a means to disconnect simultaneously all ungrounded conductors at the power outlet or panelboard where the branch circuit originated.

NOTE: Circuit breakers with their handles connected by approved handle ties are considered a single disconnecting means for the purpose of this requirement.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2799.5.

Note • History

Flexible cords and cables shall be protected from accidental damage, as might be caused, for example, by sharp corners, projections, and doorways or other pinch points.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2799.6.

Note • History

Cable assemblies and flexible cords and cables shall be supported in place at intervals that ensure that they will be protected from physical damage. Support shall be in the form of cable ties, straps, or similar type fittings installed so as not to cause damage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 16. Vertical Suspension of Cables

(Formerly Article 65)

§2801. Cable Suspended by Its Conductor(s).

Note • History

When a cable is suspended by its conductor(s), the total suspended weight shall not be greater than one-seventh of the ultimate tensile strength of the supporting conductor(s). Cable supports shall be designed to carry adequately the weight of the cable.

Separate supports shall be provided for the sheath of unarmored lead-sheathed cable.

(Title 24, Part 3, Section 3-300-37(a).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 65 to Article 16 filed 11-2-83 (Register 83, No. 45).

§2802. Cable Suspended by Wire or Messenger.

Note • History

When a cable is suspended by wire armor or messenger, the total suspended weight shall not be greater than one-fifth of the ultimate tensile strength of the armor or messenger.

(Title 24, Part 3, Section 3-300-37(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2803. Wire Mesh Holding Devices.

Note • History

When wire mesh mechanical holding devices are used, either as the sole means of support or in conjunction with other means of support, the total suspended weight on each device and the distance between devices shall not exceed recommendations of the cable and wire mesh manufacturers.

(Title 24, Part 3, Section 3-300-37(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 17. Enclosures for Electrical Installations

(Formerly Article 66)

§2805. Vaults--General.

Note • History

Transformer vaults shall be constructed so as to contain fire and combustible liquids within the vault and to prevent unauthorized access.

(a) Strength. Vault structures shall have sufficient strength to withstand the loading to which they may be subjected and to support the equipment mounted therein.

(b) Wall Material. Vault interior walls shall be of assemblies of materials approved for not less than one-hour, non-combustible fire-resistive construction.

(d) Ceiling Access. Vault ceiling access opening covers or grates weighing less than 100 pounds shall be securely fastened in place.Openings must be minimum of 26 inches diameter or 24 inches by 26 inches in size. Safe access shall be provided from the opening to the floor or other working surface.

(e) Ventilating Ducts. All ventilating flues or ducts shall be of noncombustible construction.

(f) Ventilating Openings. Ventilating openings shall not be through the vault door, except where door opens to outdoors.

(g) Adequate Ventilation. Vaults shall be provided with means for ventilation adequate to prevent equipment temperatures in excess of those at which the equipment may be safely operated.

(h) Drainage. Where drainage from sumps in vaults is to a sewage system, a suitable trap shall be installed capable of preventing the entrance of sewer gas into the vault.

(i) Foreign Pipes and Accessories. Any pipe or duct system foreign to the electrical installation shall not enter or pass through a transformer vault.

Exception: Piping or other facilities provided for vault fire protection, or for transformer cooling, are not considered foreign to the electrical installation.

(j) Material shall not be stored in transformer vaults.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 66 to Article 17 filed 11-2-83 (Register 83, No. 45).

2. Amendment of article heading, section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2806. Vaults Containing Oil-Filled Equipment.

Note • History

Vaults containing oil-filled equipment shall conform to the following in addition to Section 2805:

(a) Construction. Walls, roofs, and floors (other than when laid on earth) shall be of assemblies of materials approved for three-hour non-combustible fire-resistive construction.

(b) Doors. Door openings to vaults shall be protected by approved three-hour rated fire doors and frame assemblies.

(c) Sills or Curbs. A door sill or curb of sufficient height to confine within the vault the oil from the largest oil-filled equipment shall be provided, and in no case shall the height be less than 4 inches.

(d) Ventilating Openings. Ventilating openings shall be located as far away as practicable from building doors, windows, fire escapes, and combustible material. All openings from vaults into buildings, except approved fire door openings and viewing ports, shall be connected to a non-combustible duct or flue leading directly to the exterior, or shall be equipped with approved three-hour rated fire doors or fire dampers.

(e) Vents. Ducts and flues shall not be connected with any other ventilating or air distribution system, except that ventilation may be supplied from conditioned air systems into the vault, provided approved three-hour rated fire doors or fire dampers are installed in each opening.

(f) Sprinkler Systems. Water-type fire sprinkler systems shall be prohibited.

(Title 24, Part 3, Section 3-110-36.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New subsection (f) filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2807. Separate Buildings.

Note • History

Electrical equipment containing flammable gas or more than 10 gallons of flammable oil per unit shall not be installed indoors except in a vault or a separate building meeting the following requirements:

(a) Neither the building nor its contents present a fire hazard to any other building or property.

(b) The building is used only for supplying electrical service.

(Title 24, Part 3, Section 3-110-38.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2808. Roof Installations.

Note • History

Electrical equipment shall be permitted to be installed on the roof of a building, provided:

(a) The building structure has sufficient strength to support the entire installation.

(b) Where oil-insulated equipment is used, the roof shall be of two-hour, non-combustible fire resistive construction, and a curb high enough to contain the oil from the largest oil-filled equipment shall be provided. In no case shall the height of the curb be less than 6 inches. A drain shall be provided from the curbed enclosure to carry any oil which it may contain well away from the building.

(Title 24, Part 3, Section 3-110-39.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2809. Metal Enclosures.

Note • History

No additional enclosure is required for equipment, provided (a) all energized parts and conductors are protected by metallic enclosures from accidental contact, and (b) such enclosures are bonded together and effectively grounded in accordance with Article 6.

(Title 24, Part 3, Section 3-110-40.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2810. Locked Rooms, Vaults, or Enclosures.

Note • History

(a) The entrances to enclosures containing exposed high-voltage energized parts shall be kept locked, except where such entrances are at all times under the observation of a qualified attendant. Access doors or gates to rooms, vaults, or fenced enclosures containing electrical equipment shall be readily opened from the inside without the use of a key.

(b) The type of enclosure used in a given case shall be designed and constructed according to the hazards associated with the installation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2811. Warning Signs.

Note • History

Permanent and conspicuous warning signs shall be posted on all doors or gates that provide access to enclosures containing exposed energized parts and conductors. Such signs shall be legible at 12 feet and shall read substantially as follows:

“WARNING--HIGH VOLTAGE--KEEP OUT.”

(Title 24, Part 3, Section 110-34(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2812. Fenced or Walled Enclosures. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Renumbering of former section 2812 to new section 2812.1 filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2812.1. Fenced or Walled Enclosures.

Note • History

(a) The height of enclosures shall be 8 feet minimum, or floor to ceiling if the ceiling is less than 8 feet.

Exceptions:

1. A fenced enclosure shall be not less than 8 ft. in height or a combination of 7 ft. or more (vertical) of fence fabric and an extension not less than 1 ft. in vertical height utilizing three or more strands of barbed wire or equivalent.

(2) The height of the enclosure shall be not less than 10 feet where any exposed energized part is more than 8 feet above the ground, unless the energized part is located more than 5 feet horizontally from the enclosure.

(b) The enclosure shall be so constructed that it cannot be readily climbed.

(c) The size and location of openings in fences or similar enclosures shall be such that persons are not liable to come into accidental contact with energized parts, or to bring conducting objects into contact with them.

(d) The gate or door in the enclosure shall have minimum dimensions of 2 feet 6 inches wide and 6 feet 6 inches high, and shall be readily operable. No reduction in enclosure height at the door or gate is permitted.

(e) Metal gates or doors shall be grounded or bonded to a grounded metal enclosure. Metal fences shall be grounded as required by Article 6.

(f) If buildings form a part of an enclosure, there shall be no unguarded doors or windows which permit unintentional access to the enclosure. Where the enclosure is adjacent to and below stairways, fire escapes, balconies, or windows, suitable guards shall be installed to prevent persons from making accidental contact with energized parts.

(g) Where oil-filled apparatus is installed within an enclosure adjacent to combustible material or combustible buildings, provision shall be made to confine within the enclosure the largest amount of oil contained in a single piece of apparatus.

(h) Pressure relief devices of oil-filled apparatus shall be designed and located to minimize the hazard to persons from escaping oil.

(i) Materials other than those required for operation of the facilities shall not be stored in vaults or fenced enclosures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former section 2812 to new section 2812.1, including amendment of section and Note, filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2812.2. Indoor Installations Accessible to Other Than Qualified Persons.

Note • History

The following requirements apply to indoor installations that are accessible to other than qualified persons:

(a) The installations shall be made with metal-enclosed equipment or shall be enclosed in a vault or in an area to which access is controlled by a lock.

(b) Metal-enclosed switchgear, unit substations, transformers, pull boxes, connection boxes, and other similar associated equipment shall be marked with appropriate caution signs; and

(c) Openings in ventilated dry-type transformers and similar openings in other equipment shall be designed so that foreign objects inserted through these openings will be deflected from energized parts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2812.3. Outdoor Electrical Installations.

Note • History

(a) Outdoor electrical installations having exposed live parts shall be accessible to qualified persons only.

(b) The following requirements apply to outdoor enclosed equipment accessible to unqualified personnel:

(1) Ventilating or similar openings in equipment shall be so designed that foreign objects inserted through these openings will be deflected from energized parts;

(2) Where exposed to physical damage from vehicular traffic, suitable guards shall be provided;

(3) Nonmetallic or metal-enclosed equipment located outdoors and accessible to the general public shall be designed so that exposed nuts or bolts cannot be readily removed, permitting access to live parts;

(4) Where nonmetallic or metal-enclosed equipment is accessible to the general public and the bottom of the enclosure is less than 8.0 ft. (2.44 m) above the floor or grade level, the enclosure door or hinged cover shall be kept locked; and

(5) Except for underground box covers that weigh over 100 lb. (45.4 kg), doors and covers of enclosures used solely as pull boxes, splice boxes, or junction boxes shall be locked, bolted, or screwed on.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2813. Underground Vaults.

Note • History

Except to the extent that the following subsections (a) and (b) provide otherwise, manholes or underground rooms in which it may be necessary for persons to work shall comply with Division 4, Sections 8051 through 8057 of the California Public Utilities Code, which is hereby incorporated by reference:

(a) The inside measurement shall be not less than 4 feet between the end walls and between the side walls thereof, or if circular in shape, not less than 4 feet in diameter inside measurement, and not less than 6 1/2 feet at all points between the floor and the top or ceiling.

(b) Any access opening to outer air shall be not less than 26 inches if circular in shape, or not less than 24 inches by 26 inches clear measurement if rectangular in shape.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of first paragraph and repealer of last paragraph filed 12-9-2010; operative 1-8-2011 (Register 2010, No. 50).

Article 18. Conductors

(Formerly Article 67)

§2815. General.

Note • History

Conductors shall have mechanical strength, insulation, and ampacity adequate for the particular conditions under which they are to be used. These provisions are not intended to apply to conductors which form an integral part of equipment, such as the windings of a motor, a motor controller, and the like, or which are provided for elsewhere in these regulations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 67 to Article 18 filed 11-2-83 (Register 83, No. 45).

§2816. Insulation.

Note • History

(a) Conductors shall be insulated, except where uninsulated conductors are specifically permitted by these orders, and shall have a voltage rating not less than the operating voltage of the circuit.

(b) The conductor insulation shall be of a type that is approved for the voltage, operating temperature, and location of use.

(1) Wet Locations. Conductors installed in wet locations either above or below ground shall be moisture-resistant or of a type approved for use under wet conditions.

(2) Corrosive Conditions. Conductors exposed to oils, greases, vapors, gases, fumes, liquids, or other substances having a deleterious effect upon the conductor or the insulation shall be of a type approved for the use.

(c) Distinguishable. Insulated conductors shall be distinguishable by appropriate color or other suitable means as being grounded conductors, ungrounded conductors, or equipment grounding conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, N. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2817. Conductors in Multiple.

Note • History

Conductors in size 1/0 or larger shall be permitted to be run in multiple. Where conductors are run in multiple, they shall be so installed and terminated to prevent overloading of any conductor. Where conductors are run in multiple, the conductors shall be connected together at each end.

(Title 24, Part 3, Section 3-310-4.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2818. Neutral Conductors.

Note • History

(a) Size. Neutral conductors shall be of sufficient size to carry the current to which they may be subjected.

(b) Insulation. The insulation level of neutral conductors of ungrounded systems shall be the same as that of the phase conductors of services, feeders, and branch circuits. For insulation levels of grounded conductors, see Article 6.

(Title 24, Part 3, Section 3-310-62.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2819. Conductor Terminations.

Note • History

(a) Where insulated conductors are terminated or spliced, suitable terminations or stress cones shall be installed unless other effective means are used to reduce voltage stress. The metallic shielding or any other voltage shields on cables shall be stripped back to a safe distance according to the circuit voltage and insulation, at all terminations of the shielding, as in potheads and joints.

(b) Moisture or mechanical protection for metal-sheathed cables. Where cable conductors emerge from a metal sheath and where protection against moisture or physical damage is necessary, the insulation of the conductors shall be protected by a cable sheath terminating device.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2820. Grounding of Shielding.

Note • History

Metallic shielding components such as tapes, wires, or braids, or combinations thereof, and their associated conducting and semi-conducting components shall be grounded in accordance with Article 6.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2821. Ampacities.

Note • History

The ampacities of conductors shall be as shown in IPCEA Publication No. P46-426, Volumes I and II, “Power Cable Ampacities,” published September 1, 1966 by the Insulated Power Cable Engineers Association, which is hereby incorporated by reference.

(Title 24, Part 3, Section 310-15.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 19. Outdoor Wiring

(Formerly Article 68)

§2823. General.

Note • History

(a) Scope. The requirements of this article shall apply to electrical equipment or exposed wiring run between buildings or structures. Equipment and wiring for service entrance conductors shall comply with Article 4. Equipment and wiring located in flammable atmospheres shall comply with Article 34.

Section V, General Order No. 95, 1981 Edition, Rules for Overhead Electric Line Construction of the California Public Utilities Commission, which is hereby incorporated by reference, shall be complied with in all features of line construction employed in outside wiring, except as modified by this article.

Section III, General Order No. 128, 1974 Edition, Rules for Construction of Underground Electric Supply and Communication Systems of the California Public Utilities Commission, which is hereby incorporated by reference, shall be complied with in all features of underground construction employed in outside wiring, except as modified by this article.

(Title 24, Part 3, Section 3-710-81.)

(b) Wiring Methods. Exposed outside wiring shall be permitted to be installed as:

(1) multiple conductor cable suitable for the purpose, or

(2) bare, covered, or insulated conductors in insulating supports suitably protected by isolation, screening, or guarding.

(Title 24, Part 3, Section 3-710-82.)

(Title 24, Part 3, Section 3-710-83.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 68 to Article 19 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2824. Overhead Lines.

Note • History

(a) Supports. Open conductors shall be supported on insulators of sufficient mechanical and dielectric strength for the application.

(Title 24, Part 3, Section 3-710-84(a).)

(b) Vertical Clearances. All conductors of outside wiring shall comply with clearances specified in Rule 37, General Order No. 95, 1981 Edition, Rules for Overhead Electric Line Construction of the California Public Utilities Commission, which is hereby incorporated by reference. The following table for overhead conductors and sign clearances is extracted from Tables 1 and 2A of these rules:

Minimum Clearance

Overhead Conductors 750- Over

Nature of Vertical Clearance 20,000 volts 20,000 volts

1. Above tracks of railroads which

transport freight cars where not operated

by overhead

contact wires 28 feet 34 feet

2. Above tracks of railroads operated by

overhead contact wires 30 feet 34 feet 3.

Above and along thoroughfares in urban areas

and above thoroughfares in rural areas 25 feet 30 feet

4. Above areas (other than thoroughfares)

where it is possible to drive vehicles 25 feet 30 feet

5. Above areas accessible to pedestrians

only 17 feet 25 feet

6. Above structures 12 feet 12 feet

7. Vertical clearance above all signs upon

which men can walk 12 feet 12 feet

8. Vertical clearance above all signs upon

which men cannot walk 8 feet 8 feet

9. Vertical clearance under signs Prohibited Prohibited

10. Horizontal clearance from signs 6 feet 6 feet

(Title 24, Part 3, Section 3-710-85(a).)

(c) Clearance from Buildings. Open high-voltage conductors shall be substantially supported independently of buildings or structures and shall have a clearance from buildings or structures as follows:

(1) They shall be maintained not less than 6 feet horizontally from buildings or other structures or any portion thereof. Where the vertical distance above ground of conductors of 7,500 volts or less is in excess of 35 feet, this horizontal clearance from buildings shall be permitted to be less than 6 feet, but shall be not less than 4 feet.

(2) They shall be kept not less than 12 feet vertically above any part of buildings or structures over which they pass.

(3) High-voltage conductors shall be permitted to be attached to a building at only one point, and shall be suitably guarded against accidental contact. There shall be not more than 3 feet of open conductor between the point of attachment and the point where the conductor enters the conduit or is connected to a bushing.

(4) A conspicuous and permanent “HIGH VOLTAGE” sign shall be placed on the outside at the point where a high-voltage conductor enters the building. Where the conductors are not in conduit, a similar sign shall be placed on the inside of the building also, at the point of entrance.

(Title 24, Part 3, Section 3-710-85(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (b) and (c) filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2825. Outdoor Lighting.

Note • History

Location of Lamps. Lamps for outdoor lighting shall, where practicable, be located below all energized high-voltage conductors, transformers, or other electrical equipment. Adequate clearance shall be provided for relamping operations.

(Title 24, Part 3, Section 3-710-86(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2826. Raceways Above Ground.

Note • History

(a) Protection Against Corrosion. Raceways and equipment, unless constructed of corrosion-resistant material, shall be suitably protected against corrosion inside and outside (except threads at joints).

(Title 24, Part 3, Section 300-6.)

(b) Secured in Place. Raceways shall enter and be secured to pull boxes, terminal enclosures and to cases, shields or enclosures of apparatus, except in vaults, substations or the space under high-voltage switchboards. Raceways shall be securely supported.

(Title 24, Part 3, Section 300-11.)

(Title 24, Part 3, Section 110-11.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2827. Raceways (or Ducts) Below Ground.

Note • History

(a) Protection Against Physical Damage. Underground ducts of rigid metallic steel conduit, Schedule 80 PVC conduit, or equivalent, containing cables operating at a potential above 35,000 volts, shall be installed at a depth of at least 36 inches. A lesser depth is permitted for ducts containing cables operating at 35,000 volts or less, if the duct is rigid metallic conduit, Schedule 80 PVC conduit, or equivalent, or if the duct has a layer of concrete at least 3 inches thick above the duct.

Exception: No. 1: Direct buried conduits to contain cables for series street lighting circuits operating at less than 7,500 volts shall be installed at a depth of at least 24 inches below the surface under which they are located.

Exception: No. 2: Where it is impractical to obtain the depth of cover specified, the depth shall be permitted to be reduced, provided that the duct has sufficient strength itself or adequate protection is installed above the duct to prevent damage to the duct system by any surface traffic.

(Title 24, Part 3, Section 3-710-3(b).)

(b) Protection Against Corrosion. Metallic underground ducts shall be suitably protected from corrosion.

(Title 24, Part 3, Section 300-6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2828. Risers.

Note • History

(a) Pole-Supported Risers. Conductors installed in the form of lateral or vertical runs or risers supported by poles shall conform to the provisions of Rule 54.6, General Order No. 95, 1981 Edition, Rules for Overhead Electric Line Construction of the California Public Utilities Commission, wherein such conductors are specifically treated, and which is hereby incorporated by reference

(Title 24, Part 3, Section 3-710-3(b)5A.)

(b) Structure-Supported Risers (Risers Not Covered in (a) above.) Risers installed outdoors on structures other than poles or installed indoors shall comply with the following:

(1) Riser conductors shall be protected from physical damage by grounded rigid metallic conduit, Schedule 80 PVC conduit, or U-shaped moldings, or equivalent, from the ground line to a minimum height of 8 feet. Suitable protection shall be continued to within 2 feet of the terminal.

(2) The riser terminal and exposed cables at the terminal shall be suitably guarded or isolated.

(3) Risers and protective covering shall be securely supported by means of corrosion-resistant straps at intervals not exceeding 3 feet.

(4) Metallic conduit risers shall be effectively grounded. Adjacent metallic conduit risers shall be bonded together.

(Title 24, Part 3, Section 3-710-3(b)5B.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2829. Terminal Enclosures.

Note • History

(a) Accessible. Terminal enclosures shall be so installed that the wiring within is readily accessible.

(b) Covers. Terminal enclosures shall be effectively closed by suitable covers, mechanically secured against unauthorized entry.

(c) Size. The dimensions of terminal enclosures shall be adequate to permit the minimum bending radii of the cables installed therein.

(d) Protection. Terminal enclosures shall be of corrosion-resistant and fire-resistant material. Terminal enclosures and their covers must be able to withstand the structural loading to which they may be subjected.

(e) Number of Conductors. The number of conductors installed in any terminal enclosure shall be compatible with safe working practice.

(f) Identification. The covers of all terminal enclosures shall be posted with a permanent “HIGH VOLTAGE” warning sign having letters at least 1/2 inch high.

(Title 24, Part 3, Section 3-710-87.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2830. Insulated Conductors.

Note • History

(a) General. Insulated cables shall be of a type suitable for the voltage and service conditions. All cables installed underground shall have a grounded metallic sheath, shield, or a bare concentric grounded conductor, or shall be installed in grounded metallic conduit.

(Title 24, Part 3, Section 3-710-88(a).)

(b) Cable Installed in Buildings. Where installed in buildings, cables energized above 35,000 volts shall be encased in at least 3 inches of concrete or equivalent fire-resistant material.

(Title 24, Part 3, Section 3-710-88(c).)

(c) Direct Buried Cables. Direct buried cables or cables in flexible nonmetallic enclosures shall be installed at a depth of at least 36 inches. Lesser depths shall be permitted to be employed if the cable is armored with a minimum of No. 12 BWG steel wire closely wound or two layers of steel tape each at least 0.020 inch thick, or if the cable is protected by a layer of concrete at least 3 inches thick above the cable.

Exception: Lesser depths than those listed are permitted where cables rise for terminations and splices or where access is otherwise required.

(Title 24, Part 3, Section 3-710-88(c).)

(d) Identification. Cables shall be labeled at all circuit terminals, sectionalizing points, vaults, rooms, etc. The labels shall, as a minimum, show phase and circuit designation and nearest sectionalizing points.

(1) Changes in labeling shall be made concurrently with changes in circuit.

(Title 24, Part 3, Section 3-710-88(d).)

(e) Neutral Conductor. The size and insulation of neutral conductors shall be in accordance with Section 2818.

(Title 24, Part 3, Section 3-710-88(e).)

(f) Shielding. All cables normally operated above 5,000 volts shall have insulation shielding, except that shielding shall not be required for series street lighting circuits operating at less than 7,500 volts. Metallic shielding at terminations shall be effectively grounded. If shielding is sectionalized, each section shall be effectively grounded.

(Title 24, Part 3, Section 3-310-61.)

(g) Terminations. Cable terminations shall be suitable for the voltage and service conditions.

(Title 24, Part 3, Section 3-710-3(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (e) filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2831. Circuit Feedback.

Note • History

(a) Identification. Circuits shall be labeled at all accessible points with suitable warning signs stating the locations from which feedback may occur because of:

(1) Circuits energized by manually or automatically operated equipment, or

(2) Circuit configurations or connections, or

(3) Circuits feeding a load which can be connected to auxiliary generating equipment, or

(4) Circuits feeding synchronous motor-driven generator sets which can be energized by reverse power flow from batteries or other sources.

(Title 24, Part 3, Section 3-710-89.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 20. Switches

(Formerly Article 69)

§2832.

Note • History

A means shall be provided to completely isolate equipment for inspection and repairs. Isolating means that are not designed to interrupt the load current of the circuit shall be either interlocked with an approved circuit interrupter or provided with a sign warning against opening them under load.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of article heading and new section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2833. Interrupter Switches.

Note • History

(a) Rating.

(1) Continuous Current Rating. The continuous current rating of interrupter switches shall equal or exceed the maximum continuous current at the point of installation.

(2) Interrupting Rating. The current interrupting rating of interrupter switches shall equal or exceed the maximum current which the switch will be required to interrupt.

(3) Momentary Rating. The momentary rating of interrupter switches shall equal or exceed the asymmetrical short circuit current available at the switch location. The asymmetrical short circuit current shall include contributions from all connected sources of energy, such as other lines, generators, large motors, etc.

(4) Fault Closing Rating. Interrupter switches shall have a fault closing rating equal to or greater than the asymmetrical short circuit current which can occur at the switch location, unless suitable interlocks or operating procedures preclude the possibility of closing into a fault.

(5) Voltage Rating. The maximum voltage rating of interrupter switches shall equal or exceed the maximum circuit voltage.

(b) Enclosure. Circuit breaker installations located indoors shall consist of metal-enclosed units or fire-resistant cell-mounted units, or shall be installed in a room of at least 2-hour fire-resistive construction, or in a transformer vault.

(1) In locations accessible only to qualified electrical workers, open mounting of circuit breakers is permitted.

(2) A means of indicating the open and closed position of circuit breakers shall be provided.

(c) Installation Requirements. Interrupter switches shall be so installed that the center of the grip of the operating handle of the switch, when in its uppermost position, will be not more than 6 1/2 feet above the floor or working platform.

(d) Enclosures as Raceways. Switch enclosures shall not be used as raceways for conductors feeding through, or tapping off, to other switches, unless adequate space is provided for this purpose.

(e) Switching of Conductors. The switching mechanism shall be arranged to be operated from a location where the operator is not exposed to energized parts and shall be arranged to open all ungrounded conductors of the circuit simultaneously with one operation. Switches shall be arranged to be locked in the open position. Metal-enclosed switches shall be operable from outside the enclosure.

(f) Fuses. Fuses installed with interrupter switches shall comply with the requirements of Article 24.

(g) Readily and Safely Accessible. Interrupter switches, except those installed on poles or structures, shall be so located that they may be operated or maintained from a readily and safely accessible place.

(h) Identification. Interrupter switches shall have a permanent and legible nameplate including the following information: manufacturer's type or designation, continuous current rating, interrupting current rating, momentary current rating, fault closing rating, and maximum voltage rating.

(i) Stored Energy for Opening. The stored energy operator shall be permitted to be left in the uncharged position after the switch has been closed if a single movement of the operating handle charges the operator and opens the switch.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (c) filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

4. Amendment of subsection (b), new subsections (b)(1)-(2), repealer of subsection (f), subsection relettering and amendment of Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2833.1. Knife Switches.

Note • History

(a) Single-throw knife switches. Single-throw knife switches shall be so placed that gravity will not tend to close them. Single-throw knife switches approved for use in the inverted position shall be provided with a locking device that will ensure that the blades remain in the open position when so set.

(b) Double-throw knife switches.

Double-throw knife switches shall be mounted so that the throw will be either vertical or horizontal. However, if the throw is vertical, a locking device shall be provided to ensure that the blades remain in the open position when so set.

(1) Single-throw knife switches and switches with butt contacts shall be connected so that the blades are deenergized when the switch is in the open position.

(2) Single-throw knife switches, molded-case switches, switches with butt contacts, and circuit breakers used as switches shall be connected so that the terminals supplying the load are deenergized when the switch is in the open position.

(3) Blades and terminals supplying the load of a switch may be energized when the switch is in the open position where the switch is connected to circuits or equipment inherently capable of providing a backfeed source of power. For such installations, a permanent sign shall be installed on the switch enclosure or immediately adjacent to open switches that reads: “WARNING -- LOAD SIDE TERMINALS MAY BE ENERGIZED BY BACKFEED.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2833.2. Load Interrupter Switches.

Note • History

Load interrupter switches may be used only if suitable fuses or circuits are used in conjunction with these devices to interrupt fault currents.

(a) Where these devices are used in combination, they shall be coordinated electrically so that they will safely withstand the effects of closing, carrying, or interrupting all possible currents up to the assigned maximum short-circuit rating.

(b) Where more than one switch is installed with interconnected load terminals to provide for alternate connection to different supply conductors, each switch shall be provided with a conspicuous sign reading: “WARNING -- SWITCH MAY BE ENERGIZED BY BACKFEED.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2834. Fused Interrupter Switches.

Note • History

(a) Fused interrupter switches shall be so installed that all supply terminals shall be at the top of the switch enclosure.

Exception: Supply terminals are not required to be at the top of the switch enclosure if barriers are installed to prevent persons from accidentally contacting energized parts or dropping tools or fuses into energized arts.

(b) Where fuses can be energized by backfeed, a sign shall be placed on the enclosure door reading, “WARNING--FUSES MAY BE ENERGIZED BY BACKFEED.”

(Title 24, Part 3, Section 710-24(o).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (c) filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2835. Disconnecting (Isolating) Switches.

Note • History

(a) General. Disconnecting switches shall be permitted to be single-pole or multiple-pole.

(b) Isolating Means. A suitable air break switching device shall be installed to isolate each oil switch or group of oil switches from all sources of supply unless automatic disconnecting switchgear equipment of the metal-clad draw-out type is used.

Exception: In highly corrosive or flammable atmospheres, suitable isolating means other than air break shall be used, or the isolating means shall be installed in an enclosure approved for use in such locations of the particular hazard involved.

(c) Accessible to Qualified Persons Only. Disconnecting switches installed in locations where only qualified persons are permitted access shall be installed in suitable enclosures, or shall be elevated above the floor not less than clearances shown in Section 2934.

(d) Accessible to Other Than Qualified Persons. Disconnecting switches installed in any location where other than qualified persons have access shall be installed in suitable enclosures.

The door or cover of the enclosure shall be kept closed, except when opened for operation or inspection. If installed so that the bottom of the enclosure is less than 8 feet above the floor, the door or cover shall be kept locked.

When disconnecting switches are operable from outside the enclosure by a remote control mechanism, the operating handle or lever shall be kept locked when in either the open or closed position.

(e) Operation. Isolating switches shall be provided with suitable means for safe normal operation. This operating means shall be permitted to be an insulated hookstick, an insulated external operating handle, or remote control mechanism. Disconnecting switches shall provide a visible gap in the circuit adequate for the operating voltage.

Provision shall be made to observe the position of the blades of disconnecting switches. If viewing windows are provided, they shall be shatterproof, of adequate size, and suitably located to permit viewing of all contacts. Metal-enclosed switches other than those designed for hookstick operation shall be arranged to be locked in the open position. Multiple switches in the same enclosure shall be equipped with a connection diagram.

(f) Rating. Disconnecting switches shall have current and voltage ratings not less than the full-load current and operating voltage of the circuit. The momentary rating of disconnecting switches shall equal or exceed the asymmetrical short circuit current available at the switch location. The asymmetrical short circuit current shall include contributions from all connected sources of energy, such as other lines, generators, large motors, etc.

(g) Identification. The disconnecting switches shall have a permanent and legible nameplate including the following information: continuous current rating, maximum voltage rating, momentary current rating.

(h) Warning Signs. Unless so interlocked that they cannot be opened under load, disconnecting switches shall be provided with permanent warning signs having letters at least 2 inches high and reading as follows: “Warning--Disconnecting Switch--Do Not Open Under Load.” When a group of disconnecting switches is installed in one room or enclosure, a single sign may be sufficient.

(i) Barriers. Suitable barriers shall be installed on both sides of each pole of disconnecting switches mounted indoors.

(Title 24, Part 3, Section 3-710-22.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsection (b) filed 2-9-78; effective thirtieth day thereafter (Register 78, No. 6).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment of subsections (a) and (e) filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 21. Circuit Breakers

(Formerly Article 70)

§2837. Ratings.

Note • History

(a) The continuous current rating of a circuit breaker shall equal or exceed the maximum continuous current at the point of installation.

(b) The interrupting rating of a circuit breaker shall equal or exceed the maximum fault current the circuit breaker will be required to interrupt, including contributions from all connected sources of energy.

(c) The closing rating of a circuit breaker shall equal or exceed the maximum asymmetrical fault current into which the circuit breaker can be closed.

(d) The momentary rating of a circuit breaker shall equal or exceed the maximum asymmetrical fault current at the point of installation.

(e) The rated maximum voltage of a circuit breaker shall equal or exceed the maximum circuit voltage.

(Title 24, Part 3, Section 710-21(a)(5)-(a)(9).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 70 to Article 21 filed 11-2-83 (Register 83, No. 45).

2. Removal of article 21 heading filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2838. Grounding.

Note • History

Metallic enclosures for circuit breakers shall be grounded as required by Article 6.

(Title 24, Part 3, Section 3-710-21(a)(10).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2839. General.

Note • History

Circuit breakers shall comply with all the provisions of American National Standard ANSI/IEEE C37.04--1979, Rating Structure for AC High-Voltage Circuit Breakers Rated on a Symmetrical Current Basis, which is hereby incorporated by reference, and shall be permitted to be single pole or multi-pole. They shall:

(a) Have an accessible mechanical or other approved means for manual tripping, independent of control power.

(b) Be release free (trip free).

(d) When operated manually while energized, open and close the main contacts independent of the speed of the manual operation.

(e) Be equipped with a mechanical position indicator to show the open or closed position of the main contacts.

(Title 24, Part 3, Section 710-21 (a) (4) a-e.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2840. Identification.

Note • History

(a) Circuit breakers shall have a permanent and legible nameplate including the following information: manufacturer's name or trademark, manufacturer's type or identification number, continuous current rating, interrupting rating in MVA or amperes, and maximum voltage rating.

(b) Modifications of a circuit breaker affecting its rating(s) shall be accompanied by an appropriate change in the identification data on the nameplate.

(Title 24, Part 3, Section 710-21(a)(4)f.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2841. Isolation.

Note • History

(a) Means shall be provided to isolate each circuit breaker or circuit breaker installation from all sources of potential.

(b) The isolating means shall provide a visible gap in the electrical circuit adequate for the operating voltage.

(c) Isolating or disconnecting switches (with no interrupting rating) shall be mechanically interlocked with the circuit breaker or shall be provided with prominently displayed caution signs in accordance with Section 2835 to prevent switching load current.

(d) The isolating means shall be permitted to be individually or group operated.

(Title 24, Part 3, Section 3-710-21(a)(11).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (c) filed 11-3-83 (Register 83, No. 45).

3. Amendment of subsection (d) filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2843. General.

Note • History

Automatic circuit reclosers shall comply with all the provisions of American National Standard ANSI/IEEE C37.60-1981, Requirements for Overhead, Pad Mounted, Dry Vault, and Submersible Automatic Circuit Reclosers and Fault Interrupters for AC Systems, which is hereby incorporated by reference, and with all the requirements of Article 21, except that the provisions of ANSI/IEEE C37.04-1979 referenced in Article 21 do not apply to circuit reclosers.

(Title 24, Part 3, Section 3-710-21(d)(9).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction including renumbering of former Article 71 to Article 22 filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

4. Removal of article 22 heading filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2845. Power Fuses.

Note • History

(a) Use. Where fuses are used to protect conductors and equipment, a fuse shall be placed in each ungrounded conductor.

(1) Parallel (Multiple) Power Fuses. Two power fuses shall be permitted to be used in parallel (multiple) to protect the same load, provided:

(A) Both fuses have identical ratings, and

(B) Both fuses are installed in an identified common mounting with electrical connections that will divide the current equally.

(b) Vented Power Fuses. Power fuses of the vented type shall not be used indoors, underground or in metal enclosures unless identified for the use.

(c) Interrupting Rating. The interrupting rating of power fuses shall equal or exceed the maximum fault current the fuse will be required to interrupt, including contributions from all connected sources of energy.

(d) Voltage Rating. The maximum voltage rating of power fuses shall equal or exceed the maximum circuit voltage. Fuses having a minimum recommended operating voltage shall not be applied below this voltage.

(e) Installation. Fuses shall be installed in suitable metal enclosures.Exception: Fuses shall be permitted to be installed without metal enclosures in substations, vaults, or outdoor locations.

(f) Structure Mounted Indoor or Outdoor. The height of fuse mountings on structures shall provide safe clearance between lowest energized part (open or closed position) and standing surface. For mounting heights, see Article 35.

(g) Disconnecting Means. A suitable means shall be installed to isolate each fuse from all sources of potential. Provision for installation and removal of the fuse by suitable live line tools meets this requirement.

(h) Identification of Fuse Mountings and Fuse Units. The fuse mountings and fuse units shall be permanently and legibly identified to include the following information: manufacturer's type or designation, continuous current rating, interrupting current rating, and maximum voltage rating.

(i) Clear Workspace. Space shall be provided for fuse handling in accordance with Article 35.

(j) Door Interlock. Means shall be provided to prevent access to fuses installed in metal enclosures until all sources of energy are disconnected.

(k) Enclosed Fuse Types. Fuses installed in metal enclosures shall be of the non-vented or controlled-vented type. Adequate volume or other means shall be provided to prevent the operation of fuses from causing dangerous pressures in enclosures.

(l) Fused cutouts installed in buildings or transformer vaults shall be of a type approved for the purpose. They shall be readily accessible for fuse replacement.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (k) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction including renumbering of former article 72 to article 23 filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1.)

4. Change without regulatory affect redesignating subsections (b) through (k) as (c) through (l) filed pursuant to section 100, Title 1, California Code of Regulations (Register 91, No. 7).

5. Removal of article 23 heading and amendment of subsection (a)(1)(B) filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2847. Distribution Cutouts and Fuse Links--Expulsion Type.

Note • History

(a) Installation. The cutouts shall be so located that they may be readily and safely operated and refused, and so that the exhaust of the fuses will not endanger persons. Distribution cutouts shall not be used indoors, underground, or in metal enclosures.

(b) Interrupting Rating. The interrupting rating of distribution cutouts shall equal or exceed the maximum fault current which can occur at the fuse location. The available fault current at the fuse location shall include contributions from all connected sources of energy, such as the other lines, generators, large motors, etc.

(d) Operation. Where fused cutouts are not suitable to interrupt the circuit manually while carrying full load, an approved means shall be installed to interrupt the entire load.

Unless the fused cutouts are interlocked with the switch to prevent opening of the cutouts under load, a conspicuous sign shall be placed at such cutouts reading, “Warning--Do Not Operate Under Load.”

(e) Identification. Distribution cutouts and fuse links shall have a permanent and legible nameplate or identification including the following information:

(1) Cutout Body, Door, or Fuse Tube. Manufacturer's type or designation, continuous current rating, maximum voltage rating, interrupting rating.

(2) Fuse Links. Continuous current rating, type identification following the continuous current rating.

(f) Structure Mounted Outdoors. The height of cutouts mounted outdoors on structures shall provide safe clearance between lowest energized parts (open or closed position) and standing surfaces. For mounting heights, see Articles 19 and 35.

(g) Clear Workspace. Space shall be provided for fuse handling in accordance with Article 35.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 73 to Article 24 filed 11-2-83 (Register 83, No. 45).

2. Amendment of subsections (a)-(d) and (f) filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Removal of article 24 heading and amendment of section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2849. Continuous Current Rating.

Note • History

The continuous current rating of oil-filled cutouts shall equal or exceed the maximum continuous current at the point of installation.

(Title 24, Part 3, Section 710-21(d)(1).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 74 to Article 25 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Removal of article 25 heading filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2850. Interrupting Rating.

Note • History

The interrupting rating of oil-filled cutouts shall equal or exceed the maximum fault current available at the cutout location, including contributions from all connected sources of energy, such as other lines, generators, large motors, etc.

(Title 24, Part 3, Section 710-21(d)(2).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 189243(c), Health and Safety Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2851. Voltage Rating.

Note • History

The maximum voltage rating of oil-filled cutouts shall equal or exceed the maximum circuit voltage.

(Title 24, Part 3, Section 710-21 (d)(3).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2852. Fault Closing Rating.

Note • History

Oil-filled cutouts shall have a fault closing rating equal to or greater than the available fault current which can occur at the cutout location, unless suitable interlocks or operating procedures preclude the possibility of closing into a fault.

(Title 24, Part 3, Section 710-21(d)(4).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2853. Location.

Note • History

The cutouts shall be so located that they will be readily and safely accessible for refusing, with the top of the cutout not more than 5 feet above the floor or platform.

(Title 24, Part 3, Section 710-21(d)(7).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2854. Identification.

Note • History

Oil-Filled Cutouts. Oil-filled cutouts shall have a permanent and legible nameplate showing the rated continuous current, rated maximum voltage, and rated interrupting current.

(Title 24, Part 3, Section 710-21(d)(5).)

(b) Fuses. Fuse links shall have a permanent and legible identification showing the rated continuous current.

(Title 24, Part 3, Section 710-21(d)(6).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2855. Enclosure.

Note • History

Suitable barriers or enclosures shall be provided to prevent contact with non-shielded cables or energized parts of oil-filled cutouts.

(Title 24, Part 3, Section 710-21(d)(8).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 26. Metal-Enclosed Power Switchgear and Industrial Control Assemblies

(Formerly Article 75)

§2857. Scope.

Note • History

This article covers assemblies of metal-enclosed power switchgear and industrial control, including but not limited to switches, interrupting devices and their control, metering, protection and regulating equipment, when an integral part of the assembly, with associated interconnections and supporting structures. This article also includes metal-enclosed power switchgear assemblies which form a part of unit substations, power centers, or similar equipment.

(Title 24, Part 3, Section 710-24(a).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 75 to Article 26 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2858. Metal-Enclosed Power Switchgear.

Note • History

(a) Metal-enclosed power switchgear assemblies shall be constructed in accordance with American National Standard ANSI/IEEE C.37.20-1969 and supplements to and including C37.20d-1978, Switchgear Assemblies Including Metal-Enclosed Bus, which is hereby incorporated by reference.

(b) Metal-enclosed industrial control assemblies shall be constructed in accordance with American National Standard ANSI/NEMA ICS 2-1978, Standards for Industrial Control Devices, Controllers and Assemblies, which is hereby incorporated by reference.

(Title 24, Part 3, Section 3-710-24(q).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2859. Arrangement of Devices in Assemblies.

Note • History

Arrangement of devices in assemblies shall be such that individual components can safely perform their intended function without adversely affecting the safe operation of other components in the assembly.

(Title 24, Part 3, Section 710-24(b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2860. Guarding of High-Voltage Energized Parts Within a Compartment.

Note • History

When access for other than visual inspection is required to a compartment which contains energized high-voltage parts, barriers shall be provided (a) to prevent accidental contact with energized parts, and (b) to prevent tools or other equipment from being dropped on energized parts.

(Title 24, Part 3, Section 710-24(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2861. Guarding of Low-Voltage Energized Parts Within a Compartment.

Note • History

Energized bare parts mounted on doors shall be effectively guarded or enclosed where the door must be opened for maintenance of equipment or removal of drawout equipment.

(Title 24, Part 3, Section 710-24(d).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2862. Clearance for Cable Conductors Entering Enclosure.

Note • History

The unobstructed space opposite terminals or opposite conduits or other raceways entering a switchgear or control assembly shall be adequate for the type of conductor and method of termination.

(Title 24, Part 3, Section 710-24(e).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2863. Accessibility of Energized Parts.

Note • History

(a) Doors or removable panels which could provide non-qualified persons access to high-voltage energized parts shall be locked or secured by other approved means. When high-voltage metal-enclosed switchgear or control assemblies are accessible only to qualified persons, bolted-on or hinged and bolted cover plates shall be permitted to be used.

(b) Low-voltage control equipment, relays, motors, and the like (except instrument or control transformers which are connected to the high voltage) shall not be installed in compartments with exposed high-voltage energized parts or high-voltage wiring unless the access door or cover is interlocked with the high-voltage switch or disconnecting means to prevent the door or cover from being opened or removed unless the switch or disconnecting means is in the open position.

(c) Switchboards with exposed live parts. Switchboards that have any exposed live parts shall be located in permanently dry locations and shall be accessible only to qualified persons.

(d) Panelboard enclosures. Panelboards shall be mounted in cabinets, cutout boxes, or enclosures designed for the purpose and shall be dead front. However, panelboards other than the dead front externally-operable type are permitted where accessible only to qualified persons.

(e) Knife switches mounted in switchboards or panelboards. Exposed blades of knife switches mounted in switchboards or panelboards shall be dead when open.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of subsection (b), new subsection (c) and amendment of Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2864. Grounding.

Note • History

Frames of switchgear and control assemblies shall be grounded in accordance with Article 6.

(Title 24, Part 3, Section 710-24(g).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2865. Grounding of Devices.

Note • History

Devices with metal cases and/or frames, such as instruments, relays, meters, and instrument and control transformers, located in or on switchgear or control, shall have the frame or case effectively grounded.

(Title 24, Part 3, Section 710-24(h).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2866. Door Stops and Cover Plates.

Note • History

External hinged doors or covers for outdoor equipment shall be provided with stops to hold them in the open position. Cover plates intended to be removed for inspection of energized parts or wiring shall be locked or secured by other approved means and equipped with lifting handles and shall not exceed 12 square feet in area or 60 pounds in weight. If they exceed 12 square feet in area or 60 pounds in weight, they shall be hinged and bolted or locked.

(Title 24, Part 3, Section 710-24(i).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2867. Gas Discharge from Interrupting Devices.

Note • History

Gas discharged during operation of interrupting devices shall be so directed as not to endanger personnel.

(Title 24, Part 3, Section 710-24(j).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2868. Inspection Windows.

Note • History

Windows intended for inspection of disconnecting switches or other devices shall be of suitable transparent material.

(Title 24, Part 3, Section 710-24(k).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2869. Location of Devices.

Note • History

Control and instrument transfer switch handles or push buttons shall be located in a readily accessible location at an elevation not in excess of 78 inches.

Exception: NO. 1: Operating handles requiring more than 50 pounds of force shall not be higher than 66 inches in either the open or closed position.

Exception: NO. 2: Operating handles for infrequently operated devices, such as drawout fuses, fused potential or control transformers and their primary disconnects, and bus transfer switches, need not be readily accessible, provided they are otherwise safely operable and serviceable from a portable platform.

(Title 24, Part 3, Section 710-24(l ).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2870. Interlocks--Interrupter Switches.

Note • History

Interrupter switches equipped with stored energy mechanisms shall have mechanical interlocks to prevent access to the switch compartment unless the stored energy mechanism is in the discharged or blocked position.

(Title 24, Part 3, Section 710-24(m).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2871. Interlocks--Circuit Breakers.

Note • History

(a) Circuit breakers equipped with stored energy mechanisms shall be designed to prevent the release of the stored energy unless the mechanism has been fully charged.

(b) Mechanical interlocks shall be provided in the housing to prevent the complete withdrawal of the circuit breaker from the housing when the stored energy mechanism is in the fully charged position. In lieu of the above interlock, a suitable device may be provided which prevents the complete withdrawal of the circuit breaker until the closing function is blocked.

(Title 24, Part 3, Section 710-24(p).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 27. Transformers

(Formerly Article 76)

§2873. Scope.

Note • History

This article applies to the installation of all transformers, including voltage and current regulators or regulating transformers.

Exception: Control, instrument, and other transformers which constitute an integral part of other apparatus (test equipment, X-ray, diathermic, welders, rectifiers, mobile equipment, high frequency, or electrostatic-coating apparatus, etc.) and conform to the requirements of such other apparatus.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 76 to Article 27 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2874. General.

Note • History

(a) Ventilation. Adequate ventilation shall be provided to assure safe operating temperature of apparatus.

(b) Protection from Physical Damage. Transformers and attachments, such as conductors and externally mounted devices, shall be protected from physical damage by suitable barriers, guards, or location.

(c) Identification. Each transformer shall be identified by a permanent nameplate which includes the following information:

(1) The word(s) “Transformer,” “Voltage Regulating Transformer,” or “Voltage Regulator.”

(2) Manufacturer's name, type, and serial designation.

(3) Rated KVA, phases, and frequency.

(4) Voltage ratings and tap voltages.

(5) Connection diagram.

(6) Polarity (single phase).

(7) Impedance.

(8) Rated temperature rise in degrees centigrade.

(9) Identification of insulating medium.

(10) Amount of insulating liquid (not required for sizes 167 KVA and smaller).

(11) Approximate total weight (not required for sizes 25 KVA and smaller).

(d) Access Openings. Access openings to transformer enclosures shall be provided with a means for locking or otherwise preventing unauthorized access.

(e) Signs.

(1) A permanent, legible, and clearly visible “HIGH VOLTAGE” warning sign, having letters at least 2 inches high, shall be located on the access opening of each transformer enclosure. These signs shall read substantially as follows: “Danger--High Voltage--Keep Out.”

(2) The operating voltage of exposed live parts of transformer installations shall be indicated by signs or visible markings on the equipment or structure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2875. Requirements Applicable to Specific Types and Locations of Transformers.

Note • History

(a) Indoor Installations. Oil-insulated transformers shall not be installed indoors except in a vault constructed in accordance with Sections 2805 and 2806, or a separate building meeting the requirements of Section 2807.

(b) High Fire Point Liquid-Insulated Transformers. Transformers insulated with a listed, less flammable liquid (high fire point) shall be permitted to be installed without a vault in a non-combustible occupancy area of non-combustible buildings, provided there is a liquid confinement area and the liquid is listed as having a fire point of not less than 300 degrees C. Such transformers installed indoors and rated over 35,000 volts shall be installed in a vault.

(c) Dry-type, high fire point liquid-insulated, and askarel-insulated transformers installed indoors and rated over 35kV shall be in a vault.

(d) Protection from Flooding. Transformers and associated equipment subject to flooding shall be submersible.

(e) Protection Against Toxic Gases. Precautions shall be taken to prevent transformers from venting toxic or explosive gases into an inadequately ventilated space.

(f) Outdoor Installations. Transformers shall be permitted to be installed in outdoor enclosures meeting the requirements of Section 2812.1 or on roofs in accordance with Section 2808. Transformers installed on poles or structures shall conform to Rule 58.3, General Order No. 95, 1981 Edition, Rules for Overhead Electric Line Construction of the California Public Utilities Commission, which is hereby incorporated by reference. Transformers installed underground shall conform to Rule 34.2C, General Order No. 128, 1974 Edition, Rules for Construction of Underground Electric Supply and Communications Systems of the California Public Utilities Commission which is hereby incorporated by reference

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

2. Amendment of subsection (b) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 10).

3. Editorial correction filed 11-2-83 (Register 83, No. 45).

4. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

5. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2876. Switching.

Note • History

Means shall be provided for interrupting the load and magnetizing currents and for isolation of each transformer, transformer bank, or transformer installation. Switches used for these purposes shall be capable of carrying the maximum load current at the point of installation and shall meet the requirements of Article 20.

(a) Load Current. Means shall be installed on either the supply or load side to interrupt the maximum load current of each transformer, transformer bank, or transformer installation that will be switched as a unit. If the load break means is installed on the load side, it may consist of a main transformer switching device or a combination of two or more switching devices carrying the entire transformer load.

(b) Magnetizing Current. Means shall be installed to interrupt the magnetizing current of each voltage regulator, transformer, transformer bank, or transformer installation that will be switched as a unit. Interrupter switches that are not rated to interrupt the maximum load current at the point of installation shall be mechanically interlocked with the load break device required by subsection (a) above.

(c) Isolation. Means shall be installed to isolate from all sources of potential each transformer, transformer bank, or transformer installation that will be removed from service as a unit. Isolating or disconnecting switches that are not rated to interrupt the maximum load current at the point of installation shall be mechanically interlocked with the load break device required by subsection (a) above. If not rated to interrupt magnetizing current,they shall also be interlocked with any separate magnetizing current interrupting switch(es) that may be provided.

Exception: Where such interrupter switches or disconnects are mounted out of doors, a permanent warning sign meeting the requirements of Section 2835 (h) shall be permitted to be provided in lieu of interlocking.

(d) Additional Requirements for Voltage Regulators. Proper switching sequence for regulators shall be assured by use of one of the following:

(1) Mechanically sequenced regulator bypass switch(es).

(2) Mechanical interlocks.

(3) Switching procedure prominently displayed at the switching location.

(Title 24, Part 3, Section 3-450-51.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2877. Overcurrent Protection.

Note • History

Each transformer or bank of transformers operating as a unit shall be protected against fault and overload currents by an overcurrent device in each ungrounded conductor in the primary connection. The protective device shall be permitted to be integral with or external to a transformer.

Exception: No. 1: On grounded systems, a relay in each of two phases, in conjunction with a ground relay, meets this requirement.

Exception: No. 2: More than one transformer or transformer bank shall be permitted to be protected by the same overcurrent device, provided the protection for each transformer meets the requirements of Section 2877 (b).

(a) Internal protective devices supplied integrally with a transformer shall be rated or adjusted in accordance with the specifications of the manufacturer.

(b) External protective means shall prevent the flow of current through the transformer in excess of the magnitudes and times in the following table:

Multiples of Transformer Maximum Time

Self-cooled Rating in Seconds

8 Times 300 Sec.

14.3 Times 5 Sec.

25 Times 2 Sec.

50 Times 0.5 Sec.

100 Times 0.125 Sec.

(Title 24, Part 3, Section 450-3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2878. Grounding.

Note • History

Transformer windings, if grounded, and metallic cases or enclosures for transformers shall be grounded in accordance with Article 6.

Exception: Cases of pole-mounted transformers need not be grounded, unless grounding is required by General Order No. 95, Rule 58.3C3, Rules for Overhead Electric Line Construction of the California Public Utilities Commission.

(Title 24, Part 3, Section 3-450-10.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 28. Rotating Machinery and Its Control Apparatus

(Formerly Article 77)

§2880. Scope.

Note • History

The provisions of this article apply to any rotating machine with normal rated operating voltages in excess of 600 volts between conductors or conductors to ground and to the circuits and control apparatus directly associated with such a machine.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 77 to Article 28 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Change without regulatory effect providing more legible version of Diagrams 2880(a) and 2880(b) filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

4. Amendment filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Diagram 2880(a)

TYPICAL MOTOR BRANCH CIRCUIT DIAGRAM

Embedded Graphic 08.0312

Diagram 2880(b)

TYPICAL GENERATOR CIRCUIT DIAGRAM

Embedded Graphic 08.0313

§2881. Conductors.

Note • History

(a) General. Conductors for use on rotating equipment and its control shall be of the proper voltage classification for the application as described in Article 18.

(Title 24, Part 3, Section 3-430-121.)

(b) Size of Conductors. Conductors supplying motors and the load conductors of generators shall have ampacities to carry safely the maximum load current and shall meet the requirements of Article 18.

(Title 24, Part 3, Section 3-430-124.)

(c) Conductor Enclosures Adjacent to Rotating Machinery. When making raceway connections to the terminal enclosures of rotating machines, flexible metallic conduit shall be permitted to be used if the flexible conduit is properly bonded at both ends or otherwise properly grounded. The maximum length of flexible conduit shall not be more than 6 feet.

(Title 24, Part 3, Section 430-123.)

(d) Terminations. Terminations of conductors at the motor or generator shall be in terminal enclosures or in a pit or limited access enclosure and shall be adequately braced and protected from physical damage. If terminal enclosures are used, they shall provide adequate room to allow proper terminations of the conductors without sharp bends.

(Title 24, Part 3, Section 3-430-128.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2882. Control of Motors and Generators. [Renumbered]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsection (a) (1) filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Editorial correction of subsections (a) and (b) filed 11-3-83 (Register 83, No. 45).

4. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

5. Renumbering of former section 2882 to new section 2882.1 filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2882.1. Motors.

Note • History

(a) Within Sight Of.

If specified in this article that one piece of equipment shall be “within sight of” another piece of equipment, the piece of equipment shall be visible and not more than 50.0 ft. (15.24 m) from the other.

(b) Controls.

(1) Each motor shall be provided with a means for starting and stopping. The switching means shall meet the requirements of Sections 2833 and 2837. A properly coordinated and rated combination of current-limiting fuses and contactor will meet these requirements.

(1) An individual disconnecting means shall be provided for each controller. A disconnecting means shall be located within sight of the controller location.

EXCEPTIONS to (c)(1):

1. A single disconnecting means may be located adjacent to a group of coordinated controllers mounted adjacent to each other on a multi-motor continuous process machine.

2. The controller disconnecting means for motor branch circuits over 600 volts, nominal, shall be permitted to be out of sight of the controller, if the controller is marked with a warning label giving the location and identification of the disconnecting means which is to be locked in the open position.

(2) Isolation. A means shall be installed to isolate each motor and its controller from all sources of potential. The isolating means shall meet requirements of Section 2835(b).

(3) The disconnecting means shall disconnect the motor and the controller from all ungrounded supply conductors and shall be so designed that no pole can be operated independently.

(4) The disconnecting means shall plainly indicate whether it is in the open (off) or closed (on) position.

(5) The disconnecting means shall be readily accessible. If more than one disconnect is provided for the same equipment, only one need be readily accessible.

(d) General Application--Motors.

(1) Several Motors Served by a Single Disconnecting Means. An individual disconnecting means shall be provided for each motor.

EXCEPTION to (d)(1): A single disconnecting means may be used for a group of motors under any one of the following conditions:

1. A number of motors driving the several parts of a single machine, where the construction or use of the machine is such that it would be impractical to attempt to repair the motor, controller, or machine while any part of the machine is in operation.

2. If a group of motors is under the protection of one set of branch-circuit protective devices; or

3. If a group of motors is in a single room within sight of the location of the disconnecting means.

(2) Motors, motor-control apparatus, and motor branch-circuit conductors shall be protected against overheating due to motor overloads or failure to start, and against short-circuits or ground faults. These provisions do not require overload protection that will stop a motor where a shutdown is likely to introduce additional or increased hazards, as in the case of fire pumps, or where continued operation of a motor is necessary for a safe shutdown of equipment or process and motor overload sensing devices are connected to a supervised alarm.

(3) Control Circuits. High-voltage portions of control circuits shall be protected against fault currents as provided in Section 2883.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former section 2882 to new section 2882.1, including amendment of section heading, section and Note, filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2882.2. Generators.

Note • History

(a) Each generator shall be provided with a load switching device meeting the requirements of Section 2833 or 2837. A properly coordinated and rated combination of current-limiting fuses and contactor will meet this requirement.

(b) Isolation. A means shall be installed to isolate each generator from all sources of potential. The isolating means shall meet the requirements of Section 2835 (b).

(c) Excitation Control. The generator excitation system shall include a means for safely interrupting excitation current.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2883. Motor Circuit Protection.

Note • History

(a) General. The high-voltage circuit for each motor shall include coordinated protection to detect and automatically interrupt motor running overcurrent (overload) and fault currents in the motor, the motor circuit conductors, and the motor controller.

Exception: Where there is a motor which is vital to operation of the plant and the motor should operate to failure if necessary to prevent a greater hazard to persons, the sensing device shall be permitted to be connected to a supervised annunciator or alarm instead of interrupting the motor circuit.

(Title 24, Part 3, Section 430-125(a).)

(b) Grounding. Motor frames shall be grounded in accordance with Article 6.

(Title 24, Part 3, Section 3-430-145.)

(1) Fault current protection shall be provided by one or more of the following:

(A) A circuit breaker, contactor, or other device meeting the requirements of Article 21.

(B) Fuses meeting the requirements of Article 23.

(2) Fuses used for fault interruption shall be placed in each ungrounded conductor. Circuit breakers or contactors and their associated fault sensing devices shall provide protection for, and shall simultaneously disconnect, all ungrounded conductors.

(3) Fault interrupting devices in motor circuits shall not automatically reclose after trip.

(Title 24, Part 3, Section 430-125(c).)

(d) Overload Protection.

(1) Each motor shall be protected against dangerous overheating by one, or both, of the following means:

(A) A thermal protector integral with the motor.

(B) An external current sensing device.

(2) The secondary circuits of wound rotor alternating current motors, including conductors, controllers, and resistors rated for the application, shall be considered as protected against overcurrent by the motor overload protection means.

(3) Synchronous motor rotors in addition shall be protected by a motor shutdown device matched to the squirrel-cage winding short time thermal rating for starting.

(4) Operation of the overload interrupting device shall simultaneously disconnect all ungrounded conductors.

(5) Resetting of Overload Sensing Devices.

(A) Overload sensing devices shall not be automatically reset after trip unless:

1. Resetting of the overload sensing device does not cause automatic restarting of the motor.

2. No hazard to persons is created by automatic restarting of the motor and its connected machinery.

(B) When the reset for the overload sensing device is manually operated, it shall be so located as to be safely and readily accessible.

(Title 24, Part 3, Section 3-430-125(b).)

(e) Combination Protection. Combination fault interruption and overload protection shall be permitted to be provided by the same device.

(Title 24, Part 3, Section 430-125(c)(3).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2884. Generator Circuit Protection.

Note • History

(a) Generator Grounding. Generator windings, if grounded, and frames shall be grounded in accordance with Article 6.

(b) General. The high-voltage circuit of each generator shall include coordinated protection capable of detecting and automatically interrupting overload and fault currents in the generator, the generator circuit conductors, and the generator control.

Exception: The overload protection for generators in supervised locations need not automatically trip the switching device, provided it initiates an alarm for the operator to take appropriate action.

(1) Fault current protection shall be provided by one or more of the following:

(A) A circuit breaker, contactor, or other device meeting the requirements of Article 21.

(B) Fuses meeting the requirements of Article 23.

(2) Fuses used for fault interruption shall be placed in each ungrounded conductor. Circuit breakers or contacts and their associated fault sensing devices shall provide protection for, and shall simultaneously disconnect, all ungrounded conductors.

(3) For faults on the generator side of the generator switching device, the fault protection system shall automatically remove excitation from the generator.

(4) Fault interrupting devices in generator circuits shall not automatically reclose after trip.

(d) Overload Protection.

(1) Each generator shall be protected against dangerous overheating by one of the following means:

(A) A thermal protector integral with the generator.

(B) An external current sensing device.

(2) Overcurrent devices shall not be automatically reset if any hazard results.

(e) Combination Protection. Combination fault interruption and overload protection shall be permitted to be provided by the same device.

(Title 24, Part 3, Section 3-445-10.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of section heading filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2885. Identification.

Note • History

(a) General. Each motor, generator, and controller shall be provided with a prominently displayed permanent nameplate.

(b) Motors (A.C. or D.C.). Each motor nameplate shall include the following: manufacturer's name and identification numbers; horsepower (if horsepower rated); voltage, full-load current, phase, frequency, and speed; insulation class or temperature rise; if equipped with integral thermal protective device, it shall be so marked; if motor has a wound rotor, it shall show open circuit voltage and full-load current of the rotor winding; if motor is synchronous, it shall also show the input supply voltage and current required for excitation.

(Title 24, Part 3, Section 430-7.)

(c) Generators (A.C. or D.C.). Each generator nameplate shall include the following: manufacturer's name and identification numbers; kilovolt amperes (or kilowatts and power factor); voltage, current, phase, frequency, and speed; insulation class or temperature rise.

(Title 24, Part 3, Section 445-3.)

(d) Control Apparatus. The nameplate of each major piece of control apparatus shall include the following: manufacturer's name; type, class, or other suitable identification; current or horsepower rating; rated voltage and control voltage.

(Title 24, Part 3, Section 430-8.)

(e) Terminals. Terminals of motors, generators, and control apparatus shall be suitably identified.

(Title 24, Part 3, Section 430-9.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 29. Capacitors

(Formerly Article 78)

§2887. General.

Note • History

This article covers the installation of capacitors on electric circuits. Surge capacitors or capacitors included as a component part of other apparatus and conforming with the requirements of such apparatus are excluded from these requirements.

(Title 24, Part 3, Section 460-1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 78 to Article 29 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2888. Enclosing and Guarding.

Note • History

(a) Capacitors containing more than 3 gallons of a flammable liquid shall be enclosed in vaults or outdoor fenced enclosures complying with Article 17.

Exception: No additional guarding is required for enclosures accessible only to authorized and qualified persons.

(Title 24, Part 3, Section 460-2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2889. Grounding.

Note • History

Capacitor neutrals and cases, if grounded, shall be grounded in accordance with Article 6.

(Title 24, Part 3, Section 460-27.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2890. Switching.

Note • History

(a) Load Current. Single-pole individually operated or multi-pole group-operated switches used for capacitor switching shall be capable of:

(1) carrying continuously not less than 135 percent of the rated current of the capacitor installation;

(2) interrupting the maximum continuous load current of each capacitor, capacitor bank, or capacitor installation that will be switched as a unit;

(3) withstanding the maximum inrush current, including contributions from adjacent capacitor installations; and

(4) carrying currents due to faults on the capacitor side of the switch.

(b) Isolation.

(1) A means shall be installed to isolate from all sources of voltage each capacitor, capacitor bank, or capacitor installation that will be removed from service as a unit.

(2) The isolating means shall provide a visible gap in the electrical circuit adequate for the operating voltage.

(3) Isolating or disconnecting switches (with no interrupting rating) shall be interlocked with the load interrupting device or shall be provided with prominently displayed caution signs in accordance with Section 2835 (h) to prevent switching load current.

(c) Additional Requirements for Series Capacitors. The proper switching sequence shall be assured by use of at least one of the following:

(1) Mechanically sequenced isolating and bypass switches.

(2) Interlocks.

(3) Switching procedure prominently displayed at the switching location.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-1-83; effective thirtieth day thereafter (Register 83, No. 6).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

4. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2891. Overcurrent Protection.

Note • History

(a) A means shall be provided to detect and interrupt fault current liable to cause dangerous pressure within an individual capacitor.

(b) Single-phase or multi-phase devices shall be permitted to be used for this purpose.

(d) Protective devices supplied integrally with a capacitor equipment shall be rated or adjusted in accordance with the recommendations of the manufacturer.

(e) Protective devices installed external to capacitor equipment shall be rated or adjusted to operate in accordance with the requirements of Section 5 of American National Standard ANSI/IEEE Std. 18-1980, IEEE Standard for Shunt Power Capacitors, which is hereby incorporated by reference.

(Title 24, Part 3, Section 460-25.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction of subsection (e) filed 11-3-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2892. Identification.

Note • History

Each capacitor shall be provided with a permanent nameplate giving the maker's name, rated voltage, frequency, kvar or amperes, number of phases, and the amount of liquid in gallons identified as flammable, if such is the case.

(Title 24, Part 3, Section 460-26.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2893. Means for Discharge.

Note • History

(a) A means shall be provided to reduce the residual voltage of a capacitor to 50 volts or less within 5 minutes after the capacitor is disconnected from the source of supply.

(b) A discharge circuit shall be provided with automatic means of connecting it to the terminals of the capacitor bank after disconnection of the capacitor from the source of supply. The windings of motors, or transformers, or of other equipment directly connected to capacitors without a switch or overcurrent device interposed must meet the requirements of subsection (a) above.

(c) Capacitors shall not be worked on until after they have been short circuited and grounded. The internal discharge device provided in capacitors shall not be used as a substitute for externally short circuiting and grounding capacitors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2894. Special Handling Precautions.

Note • History

Care shall be exercised in handling and disposing of failed capacitors because of possible internal pressure and residual energy.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 30. Resistors and Reactors

(Formerly Article 79)

§2896. General.

Note • History

(a) Resistors and reactors shall not be installed in close enough proximity to combustible materials to constitute a fire hazard and in no case closer than within 1 foot of combustible materials.

(b) Clearances from resistors and reactors to grounded surfaces shall be adequate for the voltage involved. See Article 9.

(c) Metallic enclosures of reactors and adjacent metal parts shall be installed so that the temperature rise from induced circulating currents will not be hazardous to personnel or constitute a fire hazard.

(d) Resistors and reactors shall be protected against physical damage.

(e) Resistors and reactors shall be isolated by enclosure or elevation to protect personnel from accidental contact with energized parts.

(Title 24, Part 3, Section 470-18.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18953(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 79 to Article 30 filed 11-2-83 (Register 83, No. 45).

§2897. Grounding.

Note • History

Resistor and reactor cases or enclosures shall be grounded in accordance with Article 6.

(Title 24, Part 3, Section 470-19.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18953(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2898. Oil-Filled Reactors.

Note • History

Installation of oil-filled reactors, in addition to the above requirements, shall comply with applicable requirements of Articles 17 and 27.

(Title 24, Part 3, Section 470-20.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18953(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 31. Lightning Arresters

(Formerly Article 80)

§2900. Flammable Atmospheres.

Note • History

Lightning arresters (e.g., expulsion arresters, valve arresters with external series gap, etc.) that produce or expel ionized gases to the atmosphere during normal operation shall not be used in flammable atmosphere locations. (See Article 34.)

(Title 24, Part 3, Section 3-280-6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction including renumbering of former Article 80 to Article 31 filed 11-2-83 (Register 83, No. 45).

§2901. Clearances.

Note • History

All parts of the arrester shall be at least 10 feet above ground, unless enclosed in such a way as to prevent access to unauthorized persons. For line terminal clearances to ground, see Article 9.

(Title 24, Part 3, Section 3-280-7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2902. Connections.

Note • History

Connections to lightning arresters shall be adequate to carry the discharge current, but shall not be smaller than No. 6 AWG copper or equivalent.

(Title 24, Part 3, Section 3-280-23.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2903. Grounding.

Note • History

The arrester ground terminal shall be effectively grounded.

(Title 24, Part 3, Section 3-280-25.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2904. Identification.

Note • History

Lightning arresters shall have a permanent and legible identification including the following information: name of the device; manufacturer's name and/or trademark; manufacturer's type and identification number; voltage rating of the arrester.

(Title 24, Part 3, Section 3-280-5.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 32. Mobile and Portable Equipment

(Formerly Article 81)

§2906. General.

Note • History

(a) Scope. The provisions of this article shall apply to installations and use of high-voltage power distribution and utilization equipment which is portable and/or mobile, such as substations and switch houses mounted on skids, trailers, or cars, mobile shovels, draglines, cranes, hoists, drills, dredges, compressors, pumps, conveyors, underground excavators, and the like.

(b) Other Orders. The requirements of this article shall be additional to, or amendatory of, those prescribed in Group 2 of these orders. Special attention shall be paid to Article 6.

(c) Protection. Adequate enclosures and/or guarding shall be provided to protect portable and mobile equipment from physical damage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 81 to Article 32 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2907. Overcurrent Protection.

Note • History

Motors driving single or multiple d.c. generators supplying a system operating on a cyclic load basis do not require running overcurrent protection, provided that the thermal rating of the a.c. drive motor cannot be exceeded under any operating condition. However, the branch circuit protective device(s), which may be external to the motor, must provide short circuit and locked rotor protection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2908. Enclosures.

Note • History

(a) All energized switching and control parts shall be enclosed in effectively grounded metal cabinets or enclosures. These cabinets or enclosures shall be marked “DANGER--HIGH VOLTAGE” and shall be locked so that only authorized and qualified persons can enter. Circuit breakers and protective equipment shall have the operating means projecting through the metal cabinet or enclosure so these units can be reset without opening locked doors. With doors closed, reasonable safe access for normal operation of these units shall be provided.

(b) Collector ring assemblies on revolving-type machines (shovels, draglines, etc.) shall be guarded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2909. Collector Rings.

Note • History

The collector ring assembly on revolving-type machines (shovels, draglines, etc.) shall be guarded to prevent accidental contact with energized parts by personnel on or off the machine.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2910. Power Cable Connections to Mobile Machines.

Note • History

A metallic enclosure shall be provided on the mobile machine for enclosing the terminals of the power cable. The enclosure shall include provisions for a solid connection for the grounding terminal to effectively ground the machine frame. Ungrounded conductors shall be attached to insulators or terminated in approved high-voltage cable couplers (which include ground wire connectors) of proper voltage and ampere rating. The method of cable termination used shall prevent any strain or pull on the cable from stressing the electrical connections. The enclosure shall have provision for locking so only authorized and qualified persons may open, and shall be marked “DANGER--HIGH VOLTAGE.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2911. High-Voltage Portable Cable for Main Power Supply.

Note • History

Flexible high-voltage cable supplying power to portable or mobile equipment shall comply with Article 14.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Editorial correction filed 11-3-83 (Register 83, No. 45).

§2912. Grounding.

Note • History

Mobile equipment shall be grounded in accordance with Section 2743.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 33. Mine and Tunnel Installations

(Formerly Article 82)

§2914. General.

Note • History

(a) Scope. The provisions of this article shall apply to installation and use of high-voltage power distribution and utilization equipment which is portable and/or mobile, such as substations, trailers, or cars, mobile shovels, draglines, hoists, drills, dredges, compressors, pumps, conveyors, underground excavators, and the like.

(b) Other Orders. The requirements of this article shall be additional to, or amendatory of, those prescribed in Group 2 of these orders. Special attention shall be paid to Article 6.

(c) Protection Against Physical Damage. Conductors and cables in tunnels shall be located above the tunnel floor and so placed or guarded to protect them from physical damage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 82 to Article 33 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2915. Overcurrent Protection.

Note • History

Motor-operated equipment shall be protected from overcurrent in accordance with Section 2883. Transformers shall be protected from overcurrent in accordance with Section 2877.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2916. Conductors.

Note • History

(a) High-voltage conductors in tunnels shall be installed in:

(1) metal conduit or other metal raceway,

(2) metal-armored or steel-taped cable, or

(3) other approved multi-conductor cable.

(b) Multi-conductor portable cable shall be permitted to be used to supply mobile equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2917. Bonding and Equipment Grounding Conductor.

Note • History

(a) All non-energized metal parts of electrical equipment and all metal raceways or cable sheaths shall be effectively grounded and bonded to all metal pipes and rails at the portal and at intervals not exceeding 1,000 feet throughout the tunnel.

(b) An equipment grounding conductor shall be run with circuit conductors inside the metal raceway or inside the multi-conductor cable jacket. The equipment grounding conductor shall be permitted to be insulated or bare.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2918. Transformers, Switches, and Electrical Equipment.

Note • History

All transformers, switches, motor controllers, motors, rectifiers, and other equipment installed below ground shall be protected from physical damage by location or guarding.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2919. Energized Parts.

Note • History

Bare terminals of transformers, switches, motor controllers, and other equipment shall be enclosed to prevent accidental contact with energized parts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2920. Ventilation System Controls.

Note • History

Electrical controls for the ventilation system shall be so arranged that the air flow can be reversed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

§2921. Disconnecting Means.

Note • History

A switch meeting the requirements of Article 20 or 21 shall be installed at each transformer or motor location for disconnecting the transformer or motor. The switch shall open all ungrounded conductors of a circuit simultaneously.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2922. Enclosures.

Note • History

Enclosures for use in tunnels shall be drip-proof, weatherproof, or submersible as required by the environmental conditions. Switch or contactor enclosures shall not be used as junction boxes or raceways for conductors feeding through or tapping off to other switches, unless special designs are used to provide adequate space for this purpose.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

§2923. Grounding.

Note • History

Mining and tunnel equipment, both above and below ground, shall be grounded in accordance with Section 2743.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

Article 34. Hazardous (Classified) Locations

(Formerly Article 83)

§2925. General.

Note • History

(a) Other Regulations.

(1) The requirements of this article shall be deemed to be additional to, or amendatory of, those prescribed in Group 2, inclusive, of these regulations.

(2) All provisions of Articles 59 and 60 of the Low-Voltage Electrical Safety Orders shall apply to high-voltage installations in hazardous (classifieds) locations.

(b) Scope. The provisions of this article shall apply to locations (except where otherwise provided for by statute) in which the apparatus and wiring are subject to the conditions indicated by the classifications in Section 2540.1 of the Low-Voltage Electrical Safety Orders. Where the apparatus and wiring are installed in rooms or sections of the building in which the particular flammable atmospheres do not prevail, such wiring and apparatus shall be permitted to be of the type approved for such locations.

(c) Enclosed areas supplied with positive pressure ventilation from a source free of flammable atmospheres shall be permitted to be classed as nonhazardous areas for the purpose of this Article if the following provisions are met:

(1) Division 1 Locations. Wiring and apparatus within this area shall be so arranged to prevent energizing the wiring and apparatus until ventilation has been established, and arranged to de-energize automatically the wiring and apparatus when the ventilation fails; provided, however, that where the process is such that a hazard would result from de-energizing wiring and apparatus, ventilation shall be permitted to be assured in this area through a separate source of supply for the ventilating equipment. Suitable devices shall be provided to transfer automatically from the normal supply to the emergency system in case of failure or damage to the normal supply. Audible and visual signal devices shall be provided, where feasible, to give warning of derangement of emergency supply system.

(2) Division 2 Locations. Wiring and apparatus within this area shall meet the requirements for Division 1 or as a minimum shall be arranged to energize an audible, as well as a visual, alarm on loss of pressurization. Removal of power in the latter case is not mandatory on loss of enclosure pressure except remedial action must be undertaken immediately. The enclosure shall be purged by ten air changes before electrical equipment is energized.

(d) Locations where open flames are ordinarily used will not be considered as being exposed to flammable atmospheres under this article.

(e) Special care shall be exercised in the layout of electrical installation to locate as much of the equipment as practicable in areas free of flammable atmospheres.

(Title 24, Part 3, Section 3-710-90.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction including renumbering of former Article 83 to Article 34 filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2926. Class I Locations. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsections (a) and (c) filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Repealer filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2927. Class II Locations. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2928. Class III Locations. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Repealer filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 35. Workspace and Guarding

(Formerly Article 84)

§2930. Enclosure and Guarding.

Note • History

(a) Equipment shall be of the enclosed type, or shall be installed in locked electrical rooms or enclosures. Parts of equipment requiring access for maintenance or operation shall be so located that they will be readily and safely accessible.

Exception: Equipment installed in accordance with Rule 54.7B of General Order 95 and Rule 34 of General Order 128 of the California Public Utilities Commission need not be enclosed.

(b) Suitable enclosures, fences, or partitions shall be provided to prevent accidental contact with exposed energized high-voltage parts.

(Title 24, Part 3, Section 110-31.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer of Article 84 (Sections 2930-2938) and new Article 84 (Sections 2930-2936) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32.)

2. Editorial correction including renumbering of former Article 84 to Article 35 filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2931. Entrance and Access to Workspace.

Note • History

(a) At least one entrance not less than 24 inches wide and 6 1/2 feet high shall be provided to give access to the working space about electrical equipment.

(1) On switchboard and control panels exceeding 48 inches in width, there shall be one entrance at each end of such boards unless the location of the switchboards and control panels permits a continuous and unobstructed way of exit travel, or unless the work space required in Section 2932(a) is doubled.

(2) Where one entrance to the working space is permitted under the conditions described in subsection 2931(a)(1), the entrance shall be located so that the edge of the entrance nearest the switchboards and control panels is at least the minimum clear distance given in Table 2932 away from such equipment.

(3) Where bare energized parts at any voltage, or insulated energized parts above 600 volts, nominal, to ground are located adjacent to such entrance, they shall be suitably guarded.

(b) Permanent ladders, or stairways, shall be provided to give safe access to the working space around electrical equipment installed on platforms, balconies, mezzanine floors, or in attic or roof rooms or spaces.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2932. Workspace.

Note • History

(a) The minimum depth of clear working space about electrical equipment, such as switchgear, motor controllers, etc., shall not be less than set forth in Table 2932 unless otherwise specified in these orders. Clearances shall be measured from the energized parts if parts are exposed or from the enclosure front or opening, if parts are enclosed.

Table 2932 -- Minimum Depth of Clear Working Space at Electric Equipment, Over 600 Volts

Nominal MINIMUM CLEAR DISTANCE FOR CONDITIONS

Voltage to Condition 1 Condition 2 Condition 3

Ground Feet Meters Feet Meters Feet Meters

601-2500 3 0.9 4 1.2 5 1.5

2501-7500 4 1.2 5 1.5 6 1.8

7501-25,000 5 1.5 6 1.8 9 2.8

25,001-75kv 6 1.8 8 2.5 10 3.0

Above 75kv 8 2.5 10 3.0 12 3.7

Where the conditions are as follows:

Condition 1 Exposed energized parts on one side and no energized or grounded parts on the other side of the working space, or exposed energized parts on both sides effectively guarded by suitable wood or other insulating material. Insulated wire or insulated busbars operating at not over 300 volts are not considered energized parts. Non-shielded insulated conductors shall be considered as exposed energized parts.

Condition 2 Exposed energized parts on one side and grounded parts on the other side. Concrete, brick, plaster, or tile walls will be considered as grounded surfaces.

Condition 3 Exposed energized parts on both sides of the workspace (not guarded as provided in Condition 1) with the operator between.

Exceptions:

1. Workspace will not be required behind enclosed equipment such as dead-front switchboards or control assemblies, provided there are no renewable or adjustable parts; such as fuses, switches, etc., on the back, and provided all connections are accessible from locations other than the back. Where rear access is required to work on the deenergized parts on the back of enclosed equipment, a minimum working space of 30 inches (762 mm) horizontally shall be provided.

2. Minimum depth of clear working space in front of electric equipment with a nominal voltage to ground above 25,000 volts may be the same as that for 25,000 volts under Conditions 1, 2 and 3 for installations built before April 16, 1981.

(b) Suitable space shall be provided and maintained about electrical equipment to permit ready and safe operation and maintenance of such equipment. Where energized parts are exposed, the minimum clear workspace shall not be less than 6 1/2 feet (1.98 m) high (measured vertically from the floor or platform), nor less than 3 feet (914 m) wide (measured parallel to the equipment). The depth shall be as required in subsection 2932(a). In all cases, the workspace shall be adequate to permit at least a 90-degree opening of doors or hinged panels.

(c) If switches, cutouts, or other equipment operating at 600 volts, nominal, or less, are installed in a room or enclosure where there are exposed energized parts or exposed wiring operating at over 600 volts, nominal, the high-voltage equipment shall be effectively separated from the space occupied by the low-voltage equipment by a suitable partition, fence, or screen. However, switches or other equipment operating at 600 volts, nominal, or less, and serving only equipment within the high-voltage vault, room, or enclosure may be installed in the high-voltage enclosure, room, or vault if accessible to qualified persons only.

(d) The following requirements apply to the entrances to all buildings, rooms, or enclosures containing exposed energized parts or exposed conductors operating at over 600 volts, nominal:

(1) The entrances shall be kept locked unless they are under the observation of a qualified person at all times; and

(2) Permanent and conspicuous warning signs shall be provided, reading substantially as follows:

”DANGER -- HIGH VOLTAGE -- KEEP OUT.”

(e) Pipes or ducts that are foreign to the electrical installation and that require periodic maintenance or whose malfunction would endanger the operation of the electrical system may not be located in the vicinity of service equipment, metal-enclosed power switchgear, or industrial control assemblies. Protection shall be provided where necessary to avoid damage from condensation leaks and breaks in such foreign systems.

Note to subsection 2932(e): Piping and other facilities are not considered foreign if provided for fire protection of the electrical installation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2933. Illumination.

Note • History

Adequate illumination shall be provided for all working spaces about electrical equipment. Light outlets shall be so arranged that persons changing lamps or making repairs on the lighting system will not be endangered by live parts or other equipment.

The points of control shall be so located that persons are prevented from contacting any live part or moving part of the equipment while turning on the lights.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2934. Elevation of Unguarded Live Parts.

Note • History

Exposed energized parts above workspace and above areas where persons may normally walk or stand shall be maintained at elevations not less than that required by the following table:

Table 2934 -- Elevation of Unguarded Live Parts above Workspace

NOMINAL VOLTAGE ELEVATION

BETWEEN PHASES Feet Meters

601-7500 9.01 2.81

7501-35kV 9.0 2.8

Over 35kv 9 feet + 0.37 inch/kv 2.8 + 9.5 mm/kV

above 35kv over 35 kV

1The minimum elevation may be 8.5 ft. (2.6 m) for installations built before April 1, 2009.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2935. Installation of Electrical Equipment in an Outdoor Enclosure.

Note • History

If exposed energized parts of electrical equipment are installed in an outdoor enclosure, the enclosure shall meet the requirements of Section 2812.1.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2936. Passageway and Open Spaces.

Note • History

Suitable barriers or other means shall be provided to ensure that the work-space for electrical equipment will not be used as a passageway during periods when energized parts of electrical equipment are exposed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 36. Work Procedures and Operating Procedures

(Formerly Article 85)

§2940. General Provisions.

Note • History

(a) Safe Access. All work locations shall be safely accessible whenever work is to be performed.

(b) Employer's Responsibility. The employer shall furnish such safety devices and safeguards as may be necessary to make the employment or place of employment as free from danger to the safety and health of employees as the nature of the employment reasonably permits. The employer shall examine or test each safety device at such intervals as may be reasonably necessary to ensure that it is in good condition and adequate to perform the function for which it is intended. Any device furnished by the employer found to be unsafe shall be repaired or replaced.

Employees shall be instructed to inspect each safety device, tool or piece of equipment, each time it is used and to use only those in good condition. The employer shall require the use of safety devices and safeguards where applicable.

(c) Qualified Electrical Workers. Only qualified electrical workers shall work on energized conductors or equipment connected to energized high-voltage systems. Except for replacing fuses, operating switches, or other operations that do not require the employee to contact energized high-voltage conductors or energized parts of equipment, clearing “trouble” or in emergencies involving hazard to life or property, no such employee shall be assigned to work alone. Employees in training, who are qualified by experience and training, shall be permitted to work on energized conductors or equipment connected to high-voltage systems while under the supervision or instruction of a qualified electrical worker.

(d) Observers. During the time work is being done on any exposed conductors or exposed parts of equipment connected to high-voltage systems, a qualified electrical worker, or an employee in training, shall be in close proximity at each work location to:

(1) act primarily as an observer for the purpose of preventing an accident, and

(2) render immediate assistance in the event of an accident. Such observer will not be required in connection with work on overhead trolley distribution circuits not exceeding 1,500 volts D.C. where there is no conductor of opposite polarity less than 4 feet there from, or where such work is performed from suitable tower platforms or other similar structures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Article 85 (Sections 2940-2944) and new Article 85 (Sections 2940-2945 and Appendices A, B and C) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction renumbering former Article 85 to Article 36 filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2940.1. Voltage Determination.

Note

(a) Operating voltage of equipment or conductors shall be determined before working on or near energized parts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§2940.2. Clearances.

Note • History

(a) No employee shall be permitted to approach or take any conductive object without an approved insulating handle closer to exposed energized parts than shown in Table 2940.2 unless:

(1) The employee is insulated or guarded from the energized part (gloves or gloves with sleeves rated for the voltage involved shall be considered insulation of the employee from the energized part), or

(2) The energized part is insulated or guarded from the employee and any other conductive object at a different potential.

(b) When performing work with live line tools, minimum clear distances in Table 2940.2 shall be maintained. Conductor support tools, such as link sticks, strain carriers, and insulator cradles, shall be permitted to be used provided that the clear insulation is at least as long as the insulator string or the minimum distance specified in Table 2940.2 for the operating voltage.

TABLE 2940.2-1

ALTERNATING CURRENT--MINIMUM

APPROACH DISTANCE

Nominal Voltage Range

(Phase to Phase) Minimum Approach Distance

Kilovolt Phase to Ground Exposure

Above 0.6 to 15 2 ft. 1 in.

Above 15 to 36 2 ft. 4 in.

Above 36 to 46 2 ft. 7 in.

Above 46 to 72.5 3 ft. 0 in.

Above 72.5 to 121 3 ft. 4 in.

Above 121 to 145 3 ft. 7 in.

Above 145 to 169 4 ft. 0 in.

Above 169 to 242 5 ft. 3 in.

Above 242 to 362 8 ft. 6 in.

Above 362 to 552 11 ft. 3 in.

Above 552 to 765 15 ft. 0 in.

Note: Above 242 KV the minimum working distance and the minimum approach distance shall be permitted to be reduced provided that such distances are not less than the shortest distance between the energized part and a grounded surface.

TABLE 2940.2-2

DC LIVE-LINE WORK MINIMUM

APPROACH DISTANCE

WITH OVERVOLTAGE FACTOR

Distance in feet-inches

Maximum anticipated Maximum line-to-ground

per-unit transient voltage in kilovolts

overvoltage

250 400 500 600 750

1.5 or lower 3-8 5-3 6-9 8-7 11-10

1.6 3-10 5-7 7-4 9-5 13-1

1.7 4-1 6-0 7-11 10-3 14-4

1.8 4-3 6-5 8-7 11-2 15-9

NOTE 1: The distances specified in this table may be applied only where the maximum anticipated per-unit transient overvoltage has been determined by engineering analysis and has been supplied by the employer. However, if the transient overvoltage factor is not known, a factor of 1.8 shall be assumed.

NOTE 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

2. Amendment of subsection (b) and Table filed 12-12-94; operative 1-11-95 (Register 94, No. 50).

3. Editorial correction of Table (Register 95, No. 32).

4. Amendment of subsection (a)(1), table and table note filed 11-25-97; operative 12-25-97 (Register 97, No. 48).

5. Amendment filed 7-26-2000; operative 8-25-2000 (Register 2000, No. 30).

§2940.3. Inclement Weather.

Note • History

Work on or from structures shall be discontinued when adverse weather, such as high winds, ice on structures, or the progress of an electrical storm in the immediate vicinity, makes the work hazardous, except during emergency restoration procedures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of section filed 7-11-96; operative 8-10-96 (Register 96, No. 28).

§2940.4. Illumination.

Note

Illumination shall be provided as needed to perform the work safely.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§2940.5. Work over or near Water.

Note

When work is performed over or near water and when danger of drowning exists, suitable protection shall be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§2940.6. Tools and Protective Equipment.

Note • History

(a) Insulating Equipment.

(1) Insulating equipment designed for the voltage levels to be encountered shall be provided and the employer shall ensure that they are used by employees as required by this section. This equipment shall meet the electrical and physical requirements contained in the standards shown in Appendix C.

(2) Whenever rubber gloves are used, they shall be protected by outer canvas or leather gloves. This equipment shall meet the electrical physical requirements contained in the standards shown in Appendix C.

(3) Insulating equipment fabricated of material other than rubber shall provide electrical and mechanical protection at least equal to that of rubber equipment.

(4) The employer is responsible for the periodic visual and electrical re-testing of all insulating gloves, sleeves and blankets. The following maximum re-testing intervals for the items covered by the listed ASTM standards shall apply:

GLOVES, SLEEVES, BLANKETS,

AND OTHER INSULATING EQUIPMEN

(In-service care)

ELECTRICAL TEST INTERVALS

ASTM STANDARD MONTHS

Standard Specification for In-Service Care of *6 months for gloves

Insulating Gloves and Sleeves, ASTM F 496-02a *12 months for sleeves

Standard Specification for In-Service Care of

Insulating Blankets, ASTM F 479-06 *12 months for blankets

For line hose and covers

Standard Specification for In-Service Care of (When found to be

Insulating Line Hose and Covers, damaged or defective)

ASTMF 478-92 (Reapproved 1999)

*Gloves, sleeves, and blankets that have been electrically tested but not issued for service shall not be placed into service unless they have been electrically tested within the previous twelve months.

(5) Gloves, sleeves and blankets shall be marked to indicate compliance with the re-test schedule and shall be marked with either the date tested, or the date the next test is due.

(6) When not being used, insulating gloves and sleeves shall be stored in glove bags or suitable containers. Insulating blankets shall be stored in a canister or other means that offers equivalent protection.

(7) Insulating equipment shall be stored away from direct sunlight, steampipes, radiators and other sources of excessive heat and shall be protected from physical damage. Gloves, sleeves and blankets shall not be folded while in storage; however, blankets shall be permitted to be rolled for storage.

(8) Insulating equipment shall be visually inspected for defects and damage, and shall be cleaned prior to use each day.

(9) Rubber gloves shall be air and water tested at the beginning of each work period and at any other time when the glove's condition is in doubt. The gloves shall:

(A) Be visually examined over their entire inner and outer surface for any defects, i.e., burns, cuts, cracks, punctures and weak spots; and

(B) Have the cuff stretched to detect abrasions and weak spots.

(10) Insulating equipment found to be defective or damaged shall be immediately removed from service.

(b) Fall Protection. When work is performed at elevated locations more than 4 feet (1.2 meters) above the ground on poles, towers or similar structures, the employer shall require the employees to use either fall arrest equipment, work positioning equipment, or travel restricting equipment, if other fall protection methods have not been provided (e.g., guardrails, safety nets, etc.). The use of body belts for fall arrest systems is prohibited.

(1) Linemen's body belts and safety straps purchased after January 1, 1993, shall be labeled as meeting the requirements contained in ASTM F 887-91, Standard Specifications for Personal Climbing Equipment.

Exception: Linemen's body belts and safety straps purchased before January 1, 1993 which are labeled/tagged as meeting either the ANSI A10.14 or ASTM F 887 Standard in effect at the time of purchase.

(2) Body belts, safety straps, and lanyards shall be inspected by a qualified person each day before use to determine that they are safe. Those determined to be unsafe shall be immediately removed from service.

(3) Safety straps shall not be used when any portion of the red safety marker strip in the strap is exposed.

(4) Leather shall not be used for safety straps.

(d) Ladders.

(1) Portable conductive ladders shall not be used near energized conductors or exposed energized parts of equipment except as may be necessary in specialized work such as in high voltage substations where non-conductive ladders might present a greater hazard than conductive ladders.

(2) Portable conductive ladders shall be legibly marked with signs reading “Caution--Do Not Use Near Energized Electrical Equipment” or equivalent wording.

(3) Portable ladders used on structures shall be secured to prevent them from being accidentally displaced.

(e) Live Line Tools.

(1) Live line tools shall meet the requirements specified in Appendix “B.”

(2) Live line tools shall be visually inspected for defects before use each day. Tools to be used shall be wiped clean and if defects are indicated such tools shall not be used.

(f) Conductive measuring tapes, ropes or similar measuring devices shall not be used when working on or near exposed energized conductors or parts of equipment.

(g) Handtools.

(1) Hydraulic tools which are used on or near exposed energized conductors or equipment shall use non-conductive hoses having adequate strength for normal operating pressures. The provisions of Section 3556, General Industry Safety Orders, Title 8, California Code of Regulations, shall also apply.

(2) Pneumatic tools which are used on or near exposed energized conductors or equipment shall:

(A) have non-conductive hoses having adequate strength for the normal operating pressures and

(B) have an accumulator on the compressor to collect moisture.

Note: For the purposes of subsections (f) and (g) energized conductors on which temporary insulating devices have been installed shall be considered “exposed.”

(3) Pressure shall be released before connections are broken, unless quick acting, self-closing connectors are used. Hoses shall not be kinked.

(h) Conductive Objects. Conductive objects of a length capable of contacting energized conductors shall not be carried into the level of such conductors unless suitable means are taken to prevent accidental contact.

(i) Lines used for emergency rescue such as lowering a person to the ground shall have a minimum breaking strength of 2650 pounds and shall be readily available on the job site.

(j) Apparel. The employer shall ensure that each employee who is exposed to the hazards of flames or electric arcs does not wear clothing that, when exposed to flames or electric arcs, could increase the extent of injury that would be sustained by the employee. This subsection prohibits clothing made from the following types of fabrics, either alone or in blends, unless the employee can demonstrate that the fabric has been treated with flame retardant: acetate, nylon, polyester, and rayon.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) and new subsection (i) filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of subsection (c)(1) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).

4. New subsection (g)(3) filed 12-12-94; operative 1-11-95 (Register 94, No. 50).

5. Change without regulatory effect amending subsection (a)(8) filed 12-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51).

6. Amendment filed 11-25-97; operative 12-25-97 (Register 97, No. 48).

7. Repealer of subsections (b)-(b)(1) and new subsections (b) and (j) filed 9-10-99; operative 10-10-99 (Register 99, No. 37).

8. Amendment filed 7-26-2000; operative 8-25-2000 (Register 2000, No. 30).

9. Amendment of subsection (a)(4) filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).

§2940.7. Mechanical Equipment.

Note • History

(a) General.

(1) Each day, prior to use, visual inspections and operational checks shall be made of equipment to determine that it is in safe operating condition.

(2) Truck warning devices shall comply with the provisions of Section 3706, General Industry Safety Orders, Title 8, California Code of Regulations.

(3) Hydraulic fluids used for the insulated sections of derrick trucks, aerial lifts, and hydraulic tools which are used on or near energized conductors or equipment shall be of the insulating type.

(b) Aerial Lifts.

(1) Except as otherwise required or permitted by these orders, personnel aerial lift equipment used in the construction, operation or maintenance of electric power supply systems shall comply with the requirements of the General Industry Safety Orders, Title 8, California Code of Regulations, Article 24, Elevating Work Platforms and Aerial Devices.

(2)(A) When working near energized lines or equipment, aerial lift trucks shall be grounded or barricaded and considered as energized equipment, or the aerial lift truck boom shall be insulated for the voltage being worked on.

(B) Aerial lifts/digger derricks used for rubber gloving high voltage conductors and equipment energized over 7,500 volts shall have both upper and lower horizontal and vertical positioning controls. Both sets of controls shall be operational when high voltage work is being done.

(C) A minimum distance that must be extended shall be marked on the insulated portion of the boom on digger derrick vehicles to meet the dielectric capabilities required for the voltages involved. The minimum distance that shall be maintained is three (3) feet.

(D) When performing work on voltages above 7,500 volts, buckets of aerial lifts/digger derricks shall have insulating bucket liners with a liner bottom protector installed.

(E) Effective Feb. 23, 1998, insulating booms of aerial lifts/digger derricks used for work on energized high voltage conductors and equipment shall have a periodic dielectric test performed every 12 months in accordance with paragraph 5.4.3.2 of American National Standard Institute (ANSI) Standard A92.2 (1990), Vehicle-Mounted Elevating and Rotating Aerial Devices, which is hereby incorporated by reference.

(F) Effective Feb. 23, 1998, insulated bucket liners used for work on energized high voltage conductors and equipment shall have a periodic dielectric test performed every 12 months in accordance with paragraph 5.4.3.5 of American National Standard Institute (ANSI) Standard A92.2 (1990), Vehicle-Mounted Elevating and Rotating Aerial Devices, which is hereby incorporated by reference.

Note: Newly purchased and placed in service aerial lifts/digger derricks labeled or certified by the manufacturer as meeting the requirements of ANSI 92.2 (1990) are exempt from field testing for one year.

(3) Equipment or material shall not be passed between a pole or structure and an aerial lift while an employee working from the aerial lift is within reaching distance of energized conductors or equipment that are not covered with insulating protective equipment.

(4)(A) Employees in aerial lift equipment shall be secured to the lift equipment when in an elevated position by a lanyard attached to a safety belt, body belt or body harness.

(B) Safety belts/body belts are prohibited for use in personal fall arrest systems, but may be used as part of a fall restraint or positioning device system.

(C) Safety belts/body belts used as part of a positioning device system shall be rigged such that an employee cannot free fall more than 2 feet.

(D) A body harness may be used in a personal fall restraint, positioning or fall arrest system. When a body harness is used in a fall arrest system, the lanyard shall be rigged with a deceleration device to limit maximum arresting force on an employee to 1,800 pounds and prevent the employee from hitting any levels or objects below the basket or platform, and shall limit free fall to a maximum of 6 feet.

(5)(A) Climbing on the edge of a basket or work platform railing of aerial lift equipment or using planks across a basket or work platform railing for added height shall be prohibited. Except in an emergency involving immediate hazard to life, no employee shall be permitted to climb in or out of a basket or work platform with railings, unless it is in the cradle position; at ground level; or is equipped with a self-closing gate so designed and constructed that it will not open outwardly nor inadvertently.

(B) When an employee is elevated in aerial lift equipment without full controls at the upper level, there shall be an employee in the immediate vicinity of the lower level controls which must be “readily accessible” to that employee.

(6) Clearances. Metal booms, metal baskets, or metal platforms of personnel aerial lift equipment operated in accordance with Section 2949 shall not be brought closer than the distances specified in Section 2940.2(b) Table 2940.2 to any exposed energized conductors or equipment.

(7) Visual Inspection. A visual inspection of personnel aerial lift equipment for defects and safe operating conditions shall be made daily, prior to use. Insulated sections of the boom shall be maintained in a clean condition.

(8) Shop Inspection. A shop inspection of personnel aerial lift equipment shall be made at such intervals as may be reasonably necessary to maintain the equipment in a safe operating condition. Inspection information shall be recorded by the owner of the equipment.

(9) Warning Lights. Approved-type flashing amber warning lights shall be installed and used on vehicles having personnel aerial lift equipment in use on a highway or when moving at a speed slower than the normal flow of traffic.

(10) Operating Controls. Articulating boom and extensible boom platforms, primarily designed as personnel carriers, shall have both platform (upper) and lower controls. Upper controls shall be in or beside the platform within easy reach of the operator. Lower controls shall provide for over-riding the upper controls. Controls shall be plainly marked as to their function. Lower level controls shall not be operated unless permission has been obtained from the employee in the lift, except in case of emergency.

(11) Stop Mechanism. Personnel aerial lift equipment shall be equipped with a stop mechanism readily available to the employee at the work platform in addition to controls at the truck level.

(12) Aerial lift equipment shall be operated to check each of its functions prior to each day's use. Only equipment in proper operating condition shall be used.

(1) Derrick trucks, cranes and other lifting equipment shall comply with Articles 91 through 100 of the General Industry Safety Orders except:

(A) as stated in Section 2946 of these orders relating to clearance (for clearances in this section see Section 2940.2(b) Table 2940.2), and

(B) derrick trucks (electric line trucks) shall not be required to comply with ANSI B30.5 and B30.6 as referenced in Section 4884, General Industry Safety Orders, Title 8, California Code of Regulations.

(2) With the exception of equipment certified for work on the proper voltage, mechanical equipment shall not be operated closer to any energized conductor or exposed energized parts of equipment than the clearances set forth in Section 2940.2(b) Table 2940.2 unless, in addition to the requirements of Section 1612.3:

(A) an insulated barrier is installed between the energized part and the mechanical equipment, or

(B) the mechanical equipment is insulated.

(3) When setting, moving, or removing poles using cranes, derricks, gin poles, A-frames, or other mechanized equipment near energized conductors or equipment, precautions shall be taken to avoid contact with energized conductors or exposed energized parts of equipment except where barriers or protective devices are used.

(d) Hoisting Devices.

(1) A crane, boom, derrick, hoist, or winch shall not be loaded beyond the rated capacity or safe working load, whichever is smaller.

(A) Except as provided in (B) below, such devices shall not be left unattended while a load is suspended, unless the load is suspended over water, a barricaded area, or is blocked up or otherwise supported from below during repairs or emergency.

(B) While energized conductors are supported or suspended with an umbrella arm, auxiliary hot arm, or similar devices, and employees are working in an elevated position where the conductor movement could present a hazard to them, there shall be an employee at ground level at the pole or structure where the conductors are supported. The boom operating controls shall be readily accessible to such employee.

(2) During construction, operation or maintenance of power transmission and distribution systems, employees operating equipment such as cranes, booms, or derricks, shall not be permitted to stand on a grounded surface, other than the equipment itself, when such equipment is operated within 6 feet of exposed energized high voltage conductors or equipment. During movement of such cranes, booms, or derricks, employees on the ground shall be required to stay clear of the equipment.

(e) Hoisting Cables.

(1) Chains, wire ropes, and fiber ropes used for hoisting purposes shall be of sufficient strength to safely lift or otherwise handle the loads. The maximum allowable working loads shall be based on manufacturer's specifications.

(2) During construction, operation, or maintenance of power transmission and distribution systems, wire rope or chains, except slings, shall not be used to raise or lower transformers, poles or any other material within 6 feet of exposed energized high voltage conductors or equipment.

Exception: No. 1: When the cable is rigged below exposed energized conductors or equipment a sufficient distance (not less than specified in Section 2940.2(b) Table 2940.2) to prevent the possibility of electrical contact between such conductors or equipment and the cable or conductive material being raised or lowered.

Exception: No. 2: When the cable and any conductive material being raised or lowered are protected by insulating covering placed on such energized conductors or equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (d)(1) filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 10).

2. Editorial correction of subsection (c)(1)(A) filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

4. Amendment of subsection (b)(4)(A) filed 7-11-96; operative 8-10-96 (Register 96, No. 28).

5. Redesignation of subsection (b)(2) as new (b)(2)(A) and new subsections (b)(2)(B)-(F) filed 11-25-97; operative 12-25-97 (Register 97, No. 48).

6. Amendment of subsection (b)(4)(A), new subsections (b)(4)(B)-(D), amendment of newly designated subsection (b)(5)(A) and subsection renumbering filed 10-4-99; operative 11-3-99 (Register 99, No. 41).

7. Amendment of subsection (c)(2) filed 7-7-2011; operative 7-7-2011. Exempt from OAL review pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 27).

§2940.8. Material Handling.

Note • History

(a) Unloading. Prior to and during the unloading of poles, crossarms, and similar material, the load shall be thoroughly examined to ascertain if the load has shifted, binders or stakes have broken or the load is otherwise hazardous to employees. Where a hazardous condition is noted, positive means shall be taken to eliminate the hazard. Employees shall not stand on top or in the potential path of an unsecured load while unloading poles from pole dollies or utility trailers.

(b) Pole Hauling.

(1) During pole hauling operations, all loads shall be secured to prevent displacement and a red flag shall be displayed at the trailing end of the load.

(2) When hauling poles during the hours of darkness, illuminated warning devices shall be attached to the trailing end of the load.

(c) Storage. When materials or equipment are stored under energized bus, energized conductors, or near exposed energized equipment, applicable clearances shall be maintained as stated in Section 2946 Table 1, except when such work is performed by qualified electrical workers, or as provided in Section 2944(c)(3) and (c)(4).

(d) Tag Lines. Tag lines used near energized conductors shall be of a non-conductive type.

(e) Attaching the Load. Hoist ropes shall not be wrapped around the load. This provision shall not apply to electric construction crews when setting or removing poles.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 12-12-94; operative 1-11-95 (Register 94, No. 50).

2. Amendment of subsection (a) filed 11-19-97; operative 12-19-97 (Register 97, No. 47).

§2940.9. Protection from Backfeed Voltages.

Note • History

Before contacting the high voltage side of deenergized transformer(s), or conductor(s) connected thereto, all possible sources of backfeed shall be eliminated by:

(a) disconnecting or grounding the high voltage side, or

(b) disconnecting or short circuiting the low voltage side.

Exception: System(s) worked as energized.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-22-88; operative 3-23-88 (Register 88, No. 9).

2. Editorial correction of first paragraph (Register 95, No. 32).

§2940.10. Medical Services and First Aid -- Additional Requirements for Power Generation, Transmission and Distribution.

Note • History

(a) Application. This section applies to:

(2) Other installations at an electric power generating station, as follows:

a. Fuel and ash handling and processing installations, such as coal conveyors,

b. Water and steam installations, such as penstocks, pipelines, and tanks, providing a source of energy for electric generators, and

c. Chlorine and hydrogen systems.

(4) Work on, or directly associated with, the installations covered in subsections (a)(1) through (a)(3) and

(5) Line-clearance tree-trimming operations.

NOTE: See Article 38, for additional requirements for line-clearance tree-trimming operations.

(b) This Section 2940.10 does not apply to:

(1) Construction work.

(2) Electrical installations other than power generation, transmission and distribution.

(3) Electric utilization systems.

(4) Premises wiring.

a. For field work involving two or more employees at a work location, at least two trained persons shall be available.

Exception: Only one trained person need be available if all new employees are trained in first aid, including CPR, within 3 months of their hiring dates.

Exception: Where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), all employees at the work location shall be trained.

(2) First aid supplies. First aid supplies required by Section 3400(c) shall be placed in weatherproof containers if the supplies could be exposed to the weather.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-27-2011; operative 10-27-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2011, No. 43).

2. Amendment of section heading and section filed 9-5-2012; operative 10-5-2012 (Register 2012, No. 36).

§2941. Work on or in Proximity to Overhead High Voltage Lines.

Note • History

Overhead High Voltage Lines.

(a) Application. This section applies to all work on or in proximity to overhead high voltage lines.

(b) Access to Insulators. The employer shall furnish suitable aerial lift equipment, portable platforms or other devices to permit employees to work on insulators attached to poles, towers, or structures, when such insulators are not otherwise safely accessible.

Climbing of insulators as a means of access for the purpose of cleaning the insulators shall be prohibited except for those insulators on transmission lines normally energized at or above 115 kv which are:

(1) On towers inaccessible by mobile washing equipment; or

(2) Where conventional washing operations are inadequate to remove contamination from the insulators.

Climbing of insulator strings is prohibited in all cases, including those where the tower is inaccessible or conventional washing operations are inadequate, where the insulator strings contain unsafe insulators. Unsafe insulators are those which are cracked, chipped, or otherwise damaged to the extent that an insulator would present an unsafe surface upon which to step.

(c) Riding Span Wires. No employee shall be permitted to ride any suspended wire or cable until it has been determined by reasonably available means that such wire or cable is of sufficient strength for the purpose. No employee shall be permitted to ride any suspended wire or cable on other than a cable-riding device designed for the purpose.

(d) Inspection. Prior to climbing poles or other elevated structures supporting overhead electrical lines or equipment, an inspection shall be made to assure that such poles or structures are in safe condition for the work to be performed. Where poles or structures are determined to be unsafe for climbing, they shall not be climbed until made safe by guying, bracing or other adequate means.

(e) Pole Steps. Wood poles (such as poles equipped with risers, potheads, transformers, capacitors, switches where the switch is not operable from near ground level, or other line sectionalizing devices) which are expected to be frequently climbed for maintenance or operating purposes shall be stepped in accordance with Rule 51.7, General Order No. 95, 1981 Edition, Rules for Overhead Electric Line Construction of the California Public Utilities Commission, which is hereby incorporate by reference.

(f) Working on Conductors or Equipment Energized at 600 Volts or More.

(1) Employees shall not be permitted to touch or work on exposed energized conductors or equipment except when wearing suitable insulating gloves with protectors, or when using other suitable devices. Only rubber gloves labeled as being manufactured and tested to meet ASTM D120-95, Standard Specification for Rubber Insulating Gloves, for the potential voltage exposure shall be used. Rubber gloves shall not be considered suitable devices when working on conductors or equipment energized in excess of 21,000 volts.

(A) When working with rubber gloves on primary conductors or equipment energized in excess of 7,500 volts, insulate/isolate procedures shall be used. Working directly from wooden poles or grounded structures shall not be permitted, unless working from an approved insulated platform. Documentation shall be maintained verifying that the employee is trained in insulate/isolate work procedures.

(B) All exposed energized high or low voltage conductors or equipment, communications conductors, grounded conductors, grounded structures, grounded guy wires and metallically grounded equipment, within reach of any part of the body, shall be covered with suitable protective equipment or barricaded.

Exception: Parts of the conductor or equipment and the supporting pole or tower on which work is to be performed.

(D) When working with rubber gloves on primary conductors or equipment energized in excess of 7,500 volts from an aerial lift/digger derrick, a qualified person trained in first aid/CPR, radio procedures, use of aerial lift positioning controls and rescue procedures shall be present on the ground. The qualified person shall have access to the lower horizontal and vertical positioning controls of the aerial lift/digger derrick in case of an emergency.

(g) Working on De-Energized Conductors or Equipment. When working on de-energized conductors or equipment, all exposed energized conductors within reach of any part of the body, shall be covered with suitable protective equipment.

(h) Grounding De-Energized Conductors or Equipment. Any exposed ungrounded conductors or equipment not worked upon in accordance with the provisions of subsections (f) above, shall not be worked upon until the following provisions are complied with:

(1) Conductors or equipment to be grounded are clearly identified and isolated from all sources of voltage.

(2) Notification has been obtained from the designated employee that all switches or other points of isolation through which electric energy may be supplied to the conductors or equipment to be worked on have been opened and are plainly tagged indicating that employees are at work, and where the design permits, they have been rendered inoperable.

(3) When more than one independent crew requires the same conductors or equipment to be de-energized, a tag for each such independent crew has been placed at the switch(s)or other point(s) of isolation, except that where clearances for such independent crews are controlled by a designated authority having immediate jurisdiction over the conductors or equipment involved, only one tag need be installed at each switch or point of isolation.

(4) A test has been conducted to insure that conductors or equipment have been de-energized.

(5) The conductors or equipment shall be grounded and short-circuited.

(6) Suitable grounding devices shall be used. They shall be first connected to a ground before being brought into contact with any de-energized conductor or equipment to be grounded. The other end shall be attached and removed by means of insulated tools or other suitable devices. When removed they shall be removed from all circuit conductors or equipment before being disconnected from ground.

(7) There shall be a minimum of one ground on the conductors or equipment being worked on:

(A) between the place where the work is being done and each possible source of supply, or

(B) at each work location.

(8) One of the grounding devices shall be visible to at least one member of the crew unless one of the grounding devices has all of its component parts at least 15 feet above ground level to prevent tampering.

(9) Grounds shall be permitted to be temporarily removed for test purposes and extreme caution shall be exercised during test procedures.

(10) Grounding devices shall be capable of conducting the anticipated fault current and shall have a minimum conductance of No. 2 AWG copper.

NOTE: Guidelines for protective grounding equipment are contained in American Society for Testing and Materials Standard Specifications for Temporary Grounding Systems to be Used on De-energized Electric Power Lines and Equipment, ASTM F 855-97.

(11) Temporary protective grounds shall be placed at such locations and arranged in such a manner as to prevent each employee from being exposed to hazardous differences in electrical potential.

(12) Upon completion of work on grounded conductors or equipment, the employee in charge of each independent crew shall determine that all employees in the crew are clear, and shall report to the designated authority that all tags protecting the crew may be removed. Prior to the energizing of the conductors or equipment, the employer shall ascertain that all employees are clear and all grounds are removed.

(i) Stringing or Removing Conductors.

(1) General.

(A) Precautions shall be taken to protect all employees from any accidental contact between the conductors being installed or removed and any energized conductors.

(B) Strains to which poles or structures will be subjected shall be considered and necessary action taken to prevent failure of supporting structures.

(C) A briefing shall be held setting forth the plan of operation, the type of equipment to be used, grounding devices and procedures to be followed, crossover methods to be employed and the clearance authorization required.

(D) When there is a possibility of the conductor accidentally contacting any energized high voltage circuit or receiving a hazardous induced voltage buildup, the conductor being installed or removed shall be grounded or provisions made to isolate or insulate the employees.

(E) 1. If an existing high voltage line being crossed is de-energized, proper clearance authorization shall be secured and the line grounded at or on both sides of the crossover or the conductors being crossed shall be considered energized.

2. When crossing over or within 10 feet under conductors energized in excess of 300 volts, rope nets or guard structures shall be installed unless provision is made to isolate or insulate the workers or the energized conductor. Where practical the automatic reclosing feature of the circuit interrupting device shall be made inoperative. In addition, the line being strung shall be grounded on either side of the crossing or considered and worked as energized.

(F) Conductors shall be kept under control by the use of tension reels, guard structures, tielines or other means to prevent contact with energized circuits.

(G) Guard structures shall be of adequate dimension and strength to safely support anticipated loads.

(H) Rigging.

1. The rated capacity of catch-off anchors, rigging, and hoists shall not be exceeded.

2. The design load rating shall not be exceeded for the stringing lines, pulling lines, sock connections, and all load-bearing hardware and accessories.

3. Pulling lines and accessories shall be inspected regularly and replaced or repaired when damaged.

(I) Grips shall only be used for the purpose for which they are designed.

(J) While the conductor or pulling line is in motion:

1. employees on wood poles shall not be permitted to be on the crossarm,

2. employees on steel structures shall not be permitted to be on the crossarm except as necessary to install the conductor or pulling line into the stringing sheaves and

3. employees on the ground shall not be permitted directly under the conductor or pulling line in motion except as necessary to perform work directly related to the stringing operation.

(K) A transmission clipping crew shall have a minimum of two structures “clipped-in” between the crew and the conductor being sagged in the adjacent pull. When working on conductors, clipping and tying crews shall work between grounds at all times. The grounds shall remain intact until the conductors are “clipped-in,” except on dead end structures.

(L) 1. Reel handling equipment, including pulling and braking machines, shall have ample capacity, operate smoothly, and be leveled and aligned in accordance with the manufacturer's operating instruction.

2. Suitable communications between the reel tender and pulling rig operator shall be provided.

3. Each pull shall be snubbed or dead ended at both ends before subsequent pulls are made.

(2) Adjacent to Energized High Voltage Lines.

(A) Prior to stringing or removing conductors adjacent to an existing energized overhead high voltage line a determination shall be made to ascertain whether hazardous induced voltage buildups will occur. When it has been determined that such hazardous induced voltages may exist, the employer shall comply with the following provisions (B through I) unless the line is worked as energized.

(B) The tension stringing method or other methods which preclude unintentional contact between the lines being pulled and any employee shall be used.

(C) All pulling and tensioning equipment shall be grounded or shall be considered as energized and shall be barricaded, isolated or insulated.

(D) A ground shall be installed between the tensioning reel setup and the first structure in order to ground each bare conductor, subconductor, and overhead ground conductor during stringing operations.

(E) Each bare conductor, subconductor, and overhead ground conductor shall be grounded at the first tower adjacent to both the tensioning and pulling setup and in increments so that no point is more than 2 miles from a ground.

1. The grounds shall be left in place until conductor installation is completed.

2. Such grounds shall be removed as the last phase of aerial cleanup.

3. Except for traveling type grounds, the grounds shall be placed and removed by use of a non-conductive means.

(F) Conductors, subconductors, and overhead ground conductors shall be grounded at all dead-end or catch-off points.

(G) A ground shall be located at each side and within 10 feet of working areas where conductors, subconductors, or overhead ground conductors are being spliced at ground level. The two ends to be spliced shall be bonded to each other.

(H) The conductors, subconductors, and overhead ground conductors being worked on shall be bonded to the tower.

(I) Employees standing on the ground shall not be permitted to contact equipment or machinery working near energized lines or equipment unless the employee is using suitable protective equipment for the voltage involved.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (j)(E)(ii) filed 9-5-79 correcting typographical error contained in order of 8-9-79; effective thirtieth day thereafter (Register 79, No. 36).

2. Amendment of subsection (b) filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

3. Editorial correction of section heading and subsection designations filed 11-2-83 (Register 83, No. 45).

4. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

5. Amendment of subsections (f)-(f)(1), new subsection (f)(1)(A), redesignation and amendment of subsection (f)(2) as (f)(2)(B), new subsection (f)(2)(C) and repealer of subsections (g)-(g)(2) filed 11-25-97; operative 12-25-97 (Register 97, No. 48).

6. Change without regulatory effect redesignating former subsections (h)-(j) to subsections (g)-(i) and amending newly designated subsection (h) filed 5-5-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 19).

7. Amendment of subsection (h)(10), new subsection (h)(11) and subsection renumbering filed 7-26-2000; operative 8-25-2000 (Register 2000, No. 30).

8. New subsection (f)(1)(D) filed 8-27-2001; operative 9-26-2001 (Register 2001, No. 35).

9. Editorial correction of subsection (i)(1)(E)2. and History 8 (Register 2003, No. 33).

§2941.1. Metal Tower Construction.

Note • History

(a) All excavations shall be performed in accordance with the provisions of Article 6 of the Construction Safety Orders, Title 8, California Administrative Code.

(b) (1) A designated employee shall be used in directing mobile equipment adjacent to footing excavations.

(2) No one shall be permitted to remain in the footing excavation while equipment is being spotted for placement.

(c) (1) Guy lines shall be used as necessary to maintain sections or parts of sections in position and to reduce the possibility of tipping.

(2) Members and sections being assembled shall be adequately supported.

(d) When assembling and erecting towers the provisions of (1), (2) and (3) following shall be complied with.

(1) The construction of transmission towers and the erecting of poles, hoisting machinery, site preparation machinery, and other types of construction machinery shall conform to the applicable requirements of this article.

(2) No one shall be permitted under a tower which is in the process of erection or assembly, except as may be required to guide and secure the section being set.

(3) When erecting towers using hoisting equipment adjacent to energized transmission lines, the minimum clearance distances required by Section 2940.2(b), Table 2940.2 shall be maintained.

(e) (1) Erection cranes shall be set on a firm foundation and when the cranes are so equipped, outriggers shall be used.

(2) Tag lines shall be utilized to maintain control of tower sections being raised and positioned.

(3) The loadline shall not be detached from a tower section until the section is adequately secured.

(4) Except during emergency restoration procedures, erection shall be discontinued in the event of high wind or other adverse weather conditions which would make the work hazardous.

(5) Equipment and rigging shall be regularly inspected and shall be maintained in a safe operating condition.

(f) Traffic control shall be provided in accordance with provisions of Article 11, Sections 1598 and 1599 of the Construction Safety Orders, Title 8, California Administrative Code.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2941.2. Washing Insulators Supporting Energized Conductors or Equipment.

Note • History

(a) Testing of Water.

(1) The minimum resistivity of water shall be 500 ohm/in3.

(2) Every load of water shall be tested immediately prior to use.

(b) Grounding and Bonding Requirements When Using Conductive Hoses.

(1) When washing with a hand gun or utilizing fixed sprinklers, the pumper truck shall be bonded to the same metal structure supporting the insulators being washed.

(2) All equipment used in the washing procedure shall be bonded to the metal structure supporting the insulators being washed.

(3) During washing operations, employees shall not be permitted to step on or off the truck or metal structure, or touch any part of the truck, conductive hoses or metal structure while standing on the ground.

(4) When washing has been completed, the nozzle operator shall be required to remain stationary in his position and observe until the truck operator has disconnected the hose and the truck bond from the metal structure.

(1) When a non-conductive hose is used and the operator is in contact with the metal structure, the gun, if conductive, shall be bonded to such structure.

(d) Operational Checks. Prior to the start of washing operations each day, a check shall be made of the insulator washing equipment. Such check shall include, but is not limited to the following: aerial lift equipment, pumps, communication equipment and lights.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2942. Tubular Steel Poles.

Note • History

Tubular steel power line poles installed six months or more after the effective date of these orders shall meet the requirements of this section.

(a) All tubular steel pole structures shall be provided with access to the top of the structure, and the worker's vertical step distance shall be no greater than 18 inches. Where steps are the means of access, the lines of steps shall be located a maximum of 180 degrees apart and shall not exceed 20 inches of arc around the pole surface. Where removable pole steps are used they shall be secured in place when installed to avoid accidental dislodging. Steps and mounts shall be capable of supporting a 250 pound weight with a safety factor of 2.5 minimum.

(b) When Pole Steps are Used:

(1) Rest points at which workers may stand with both feet at the same level with provision for attaching a safety strap shall be provided at intervals not to exceed 20 feet.

(2) Belting-off loops (safety strap brackets) shall be installed on poles having a diameter exceeding 24 inches.

(c) Belting-off loops installed at rest points shall be permanently affixed to the pole in a vertical position. They shall be of such configuration as to permit easy attachment of a standard lineman's safety strap. They shall be capable of supporting a 250 pound weight with a safety factor of 2.5 minimum.

(d) Additional means shall be provided to permit movement over or around obstructions such as crossarms and post-type insulators.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b)(1) filed 9-5-79; effective thirtieth day thereafter (Register 79, No. 36).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2943. Work on or in Proximity to Underground High-Voltage Cables, Conductors or Equipment.

Note • History

(a) Application. This section applies to all work on or in proximity to underground high-voltage cables, conductors or equipment, and to the operations necessary to raise or lower cables, conductors or equipment to such underground locations.

(b) Manholes, Vaults, or Similar Structures.

(1) The employer shall comply with the confined space requirements of General Industry Safety Orders Article 108.

(2) Whenever the cover is removed from a manhole, vault, or similar structure:

(A) an employee shall be stationed at the surface as long as workers are in the structure, and

(B) warning devices shall be placed so as to warn vehicular or pedestrian traffic and shall not be removed until the cover is in place.

(3) When employees are working in an underground structure, the automatic circuit recloser on the circuit being worked shall be made non-automatic when:

(A) operating energized oil type switches from inside the structure,

(B) splicing energized underground cable,

(D) relocating energized underground cable or equipment other than minor cable movements for additional clearance or routine maintenance such as cleaning cable, fire-proofing, replacing cable support blocks, etc.,

(E) filtering or replacing oil in energized underground equipment, or

(F) the supervisor in charge deems it necessary for the safety of the employees performing the work.

(4) When employees are in an underground structure where newly installed, rebuilt or modified cable or equipment is being energized for the first time, the automatic circuit recloser on the circuit involved shall be made non-automatic.

(1) Trenching and excavation operations shall comply with the applicable provisions of the Construction Safety Orders.

(2) Where cable(s) exist in an excavation, such cable(s) shall be protected from physical damage during excavation.

(d) Working on Cables, Conductors or Equipment Energized at 7,500 Volts or Less.

(1) Employees shall not be permitted to cut, splice, or move cables energized at 7,500 volts or less without first obtaining permission from the employee in charge.

(2) Before cutting into a cable or opening a splice, the cable shall be identified and verified to be the proper cable.

(3) Suitable rubber gloves with protectors shall be worn when working on exposed conductors or equipment energized at 7,500 volts or less. Other exposed energized or grounded conductors or equipment in the work area, with which contact can be readily made, shall be covered with adequate protective devices, barricaded or otherwise isolated.

(4) Before breaking the electrical continuity of metallic sheaths of cables energized at 7,500 volts or less, both sides of the break shall be bonded together across the break.

(5) When working on exposed underground conductors or parts of equipment energized at 7,500 volts or less, adequate barriers or suitable protective covering shall be provided if a working space of 36 inches cannot be obtained.

(e) Working on Cables, Conductors or Equipment Energized in Excess of 7,500 Volts.

(1) When working on cables, conductors or equipment energized in excess of 7,500 volts, all exposed energized cables, conductors or equipment within reach of any part of the body shall be covered with suitable protective equipment or barricaded.

(2) The only work permitted on cables, conductors or equipment energized in excess of 7,500 volts shall be:

(A) replacing fuses, operating switches, or other operations that do not require the employee to contact energized conductors or parts of equipment with any part of the employee's body,

(B) working on the exterior of such cables or equipment, provided all current-carrying parts are effectively covered by grounded shielding or metallic enclosures, and

(C) work in the high voltage compartment of padmounted transformers and similar equipment installed above ground, provided the work is done by suitable devices. Rubber gloves shall not be considered to be suitable devices.

(3) Cables energized in excess of 7,500 volts shall be moved only under the direction of the employee in charge. Before moving cables, they shall be examined for any defects which might result in failure if the cable were moved.

(f) Working on De-Energized Cables, Conductors or Equipment.

(1) When working on de-energized cables, conductors or equipment, all exposed energized conductors or equipment within reach of any part of the body, shall be covered with suitable protective equipment.

(2) Where more than one cable exists in an excavation, cables other than the one being worked on shall be physically protected as necessary.

(3) Where more than one cable exists in an excavation, the cable to be worked on shall be identified by electrical means or spiking unless its identity is obvious.

(4) Before cutting into a cable or opening a splice, the cable shall be identified and verified to be the proper cable.

(g) Grounding De-Energized Conductors or Equipment.

(1) Any exposed ungrounded part of conductors or equipment, not worked upon in accordance with the provisions of subsections (d) or (e) above, shall not be worked upon until the following provisions have been complied with.

(A) Conductor(s) or equipment to be grounded are clearly identified and isolated from all sources of voltage.

(B) Notification has been obtained from the designated employee that all switches or other points of isolation through which electric energy may be supplied to the conductors or equipment to be worked on have been opened and are plainly tagged indicating that employees are at work, and where the design permits, they have been rendered inoperable.

(D) Guards or barriers are installed as necessary to prevent contact with exposed energized conductors or equipment.

(E) Grounds are applied except where their installation or use increases the working hazard. Grounds shall be permitted to be removed for test purposes.

(F) Suitable grounding devices shall be used. They shall be first connected to a ground before being brought into contact with any de-energized conductors or equipment to be grounded. The other end shall be attached and removed by means of insulated tools or other suitable devices. When removed, they shall be removed from all conductors or equipment before being disconnected from ground.

(G) When required, there shall be a minimum of one ground on the conductors or equipment being worked on:

1. between the place where the work is being done and each possible source of supply,

2. at the work location, or

3. as close as practicable to the source of supply.

(H) One of the grounding devices shall be visible to at least one member of the crew unless one of the grounding devices is accessible only to authorized persons.

(I) Grounding devices shall be capable of conducting the anticipated fault current and shall have a minimum conductance of No. 2 AWG copper.

(J) When more than one independent crew requires the same cable(s), conductor(s) or equipment to be de-energized, a tag for each such independent crew shall be placed on the cable(s), conductor(s) or equipment. Where clearances for such independent crews are controlled by a designated authority having immediate jurisdiction over the cable(s), conductor(s) or equipment involved only one tag need be installed.

(2) Upon completion of work the employee in charge of each independent crew shall determine that all employees in the crew are clear, and shall report to the designated authority that all tags protecting the crew may be removed.

(3) Prior to the energizing of the cable(s) or equipment, the employer shall ascertain that all employees are clear and all grounds are removed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of section heading and subsection designations filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

3. Amendment of subsection (b)(1) filed 9-26-2001; operative 10-26-2001 (Register 2001, No. 39).

§2944. Work on or in Proximity to Conductors and Equipment Located in High-Voltage Stations, or Switchyards.

Note • History

(a) This section applies to only that work performed on or in proximity to exposed high-voltage conductors and equipment which is not covered by Sections 2941, 2942 and 2943 of these orders, such as stations, switchyards and other similar installations.

(b) Identification. All switchboards shall be provided with readily legible circuit identification. Identification shall be provided for each circuit breaker, each set of disconnecting switches, and each set of grounding switches.

(1) No person other than a qualified electrical worker shall perform work or take any conducting object within the area where there is a hazard of contact with energized conductors unless directly under the observation of a qualified person.

(2) When working around energized equipment, precautions shall be taken to prevent any material or tools from accidentally contacting energized conductors or equipment.

(3) Temporary Barriers. Suitable temporary barriers in or adjacent to the work area shall be used to prevent accidental contact by workers with energized high voltage parts.

(4) Tape Barricades. Suitable barricade tape shall be used to mark off and bar approach to dangerous areas. An employee shall not be permitted to cross over or under the tape while it is barricading an area, except in an emergency or when work in progress requires the employee to enter the dangerous area. While in the area, the employee shall be continuously watched by a qualified person for the purpose of preventing an accident.

(d) Mechanized Equipment.

(1) Use of vehicles, gin poles, cranes and other equipment in restricted or hazardous areas shall at all times be controlled by designated employees.

(2) Mobile cranes or derricks shall not be permitted closer to exposed energized conductors or equipment than the distances set forth in Section 2940.2(b), Table 2940.2 unless the hoisting equipment is insulated for the voltage involved.

(e) (1) Working on Conductors or Equipment Energized at 7,500 Volts or Less. When working on conductors or equipment energized at 7,500 volts or less, all energized conductors or equipment and all grounded conductors or equipment, including guy wires, within reach of any part of the body, shall be isolated, barricaded, or covered with suitable protective equipment.

Exception: That part of the conductor or equipment on which work is to be performed need not be covered.

(2) Employees shall not be permitted to touch or work on any exposed energized conductor or equipment except when wearing suitable rubber gloves with protectors, or when using other suitable devices.

(f) Working on Conductors or Equipment Energized in Excess of 7,500 Volts. All work on conductors or equipment energized in excess of 7,500 volts shall be done by means of suitable devices. Rubber gloves shall not be considered to be suitable devices.

(g) Working on De-energized Conductors or Equipment. When working on de-energized conductors or equipment, all exposed energized conductors or equipment regardless of voltage within reach of any part of the body, shall be covered with suitable protective equipment.

(h) Grounding De-energized Conductors or Equipment.

(1) Any exposed ungrounded part of conductors or equipment not worked upon in accordance with the provisions of subsections(e) or (f) above, shall not be worked upon until the following provisions have been complied with:

(A) Conductors or equipment to be grounded are clearly identified and isolated from all sources of voltage.

(D) Guards or barriers are installed as necessary to prevent contact with exposed energized conductors or equipment.

(E) Grounds are applied, except where their installation or use increases the working hazard. Grounds shall be permitted to be removed for test purposes.

(F) Suitable grounding devices shall be used. They shall be first connected to a ground before being brought into contact with any de-energized conductor or equipment to be grounded. The other end shall be attached and removed by means of insulated tools or other suitable devices. When removed, they shall be removed from all conductors or equipment before being disconnected from ground.

(G) When required, there shall be a minimum of one ground on the conductors or equipment being worked on:

1. between the place where the work is being done and each possible source of supply,

2. at the work location, or

3. as close as practicable to the source of supply.

(H) One of the grounding devices shall be visible to at least one member of the crew unless one of the grounding devices is accessible only to authorized persons.

(I) Grounding devices shall be capable of conducting the anticipated fault current and shall have a minimum conductance of No. 2 AWG copper.

(J) When more than one independent crew requires the same conductors or equipment to be de-energized, a tag for each such independent crew shall be placed on the conductors or equipment. Where clearances for such independent crews are controlled by a designated authority having immediate jurisdiction over the conductors or equipment involved, only one tag need be installed.

(2) Upon completion of work the employee in charge of each independent crew shall determine that all employees in the crew are clear and shall report to the designated authority that all tags protecting the crew may be removed.

(3) Prior to the energizing of the conductors or equipment, the employer shall ascertain that all employees are clear and all grounds are removed.

(i) Access to Insulators. The employer shall furnish suitable aerial lift equipment, portable platforms, or other devices to permit employees to work on insulators or bushings attached to poles, towers, structures, or equipment when such insulators or bushings are not otherwise safely accessible.

(j) Prior to climbing poles or other elevated structures supporting overhead electrical lines or equipment, an inspection shall be made to ensure that such poles or structure are in safe condition for the work to be performed. Where poles or structures are determined to be unsafe for climbing, they shall not be climbed until made safe by guying, bracing or other adequate means.

(k) Substation Fences. When a substation fence is extended or moved provisions shall be made to comply with Article 17, Section 2812(e) of these orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsections (c)-(e) (Register 80, No. 30).

2. Editorial correction of section heading and subsection designations filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2945. Access and Workspace Requirements.

Note • History

(a) Application. This section applies only to facilities that are owned, operated, and maintained by an electrical utility or an electrical railway utility in the exercise of its function as a utility.

Exception: Installations made in accordance with the regulations of the California Public Utilities Commission (G.O. 95 or 128).

(b) Enclosures. Equipment shall be:

(1) of the enclosed type,

(2) installed in locked rooms or enclosures, or

(3) located within utility generating stations, substations and switch yards.

(1) Parts of electrical equipment requiring access for maintenance or operation shall be so located that they will be safely accessible.

(2) At least one entrance not less than 24 inches wide and 6 1/2 feet high shall be provided to give access to the working space about energized electrical equipment. When uninsulated energized parts are located adjacent to such entrance, they shall be guarded.

(3) Permanent or portable ladders, stairways, or other suitable means shall be provided to give safe access to the working space around electrical equipment installed on platforms, balconies, mezzanine floors, or in attic or roof rooms or spaces.

(d) Elevation of Exposed, Energized Parts.

Exposed energized parts above workspace and above areas where persons normally walk or stand shall be maintained at elevations not less than that required by the following table:

VOLTAGE ELEVATION

Phase to Phase

601-7500 8 ft. 6 in.

7501-35,000 9 ft. 0 in.

Over 35kv 9 ft. + 0.4 in/kv

above 35kv

(e) Passageway and Open Spaces. Suitable barriers or other means shall be provided to ensure that the workspace for electrical equipment will not be used as a passageway during periods when normally enclosed parts of energized electrical equipment are exposed.

(f) Installation of Electrical Equipment In An Outdoor Enclosure. Where electrical equipment with exposed energized parts is installed in an outdoor enclosure, the enclosure shall meet the following requirements:

(1) The height of the enclosure shall be a minimum of 8 feet, unless totally enclosed.

Exception: The height of the enclosure shall be not less than 10 feet (3 meters) where any exposed energized part is more than 8 feet above the ground, unless the energized part is located more than 5 feet horizontally from the enclosure.

(2) The enclosure shall be so constructed that it cannot be readily climbed.

(3) The size and location of openings in fences or similar enclosures shall be such that persons are not liable to come into accidental contact with energized parts or to bring conducting objects into contact with them.

(4) Metal gates or doors shall be grounded or bonded to a grounded metal enclosure. Metal fences shall be grounded as required by Article 6.

5) Buildings which form part of an enclosure shall have no unguarded doors or windows which permit unintentional access to the enclosure. Where the enclosure is adjacent to and below stairways, fire escapes, balconies, or windows, suitable guards shall be installed to prevent persons from making accidental contact with exposed energized parts.

(g) Work Space. Suitable work space shall be provided about exposed energized electrical equipment to permit the safe operation and/or maintenance of such equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsection (f)(4) filed 11-2-83 (Register 83, No. 45). 2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Appendix A

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of items (7) and (11) filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

3. Repealer filed 12-7-92; operative 1-6-93 (Register 92, No. 50).

Appendix B

LIVE LINE TOOLS

Insulated parts of Live Line Tools shall have manufacturers' certification to withstand the following minimum tests:

(1) 100,000 volts per foot of length for five minutes when the tool is made of fiberglass; or

(2) 75,000 volts per foot of length for three minutes when the tool is made of wood; or

(3) other tests equivalent to (1) or (2) above as appropriate.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Appendix C

PROTECTIVE EQUIPMENT

Insulating equipment shall meet the provisions of the American Society for Testing and Materials (ASTM), which is hereby incorporated by reference, as follows:

ITEM STANDARD

Rubber Insulating Gloves D 120-02a (Reapproved 2006)

Rubber Insulating Matting D 178-01 (Reapproved 2005)

Rubber Insulating Blankets D 1048-05

Rubber Insulating Covers D 1049-98 (Reapproved 2002)

Rubber Insulating Line Hose D 1050-05

Rubber Insulating Sleeves D 1051-06

Leather Protectors for Rubber Insulating

Gloves and Mittens F 696-06

Insulating Plastic Guard Equipment F 968-93 (Reapproved 2002)

Insulating Work Platforms for Electrical

Workers F 1564-95 (Reapproved 2006)

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

2. Amendment filed 11-25-97; operative 12-25-97 (Register 97, No. 48).

3. Amendment filed 7-26-2000; operative 8-25-2000 (Register 2000, No. 30).

4. Amendment filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).

Article 37. Provisions for Preventing Accidents Due to Proximity to Overhead Lines

(Formerly Article 86)

§2946. Provisions for Preventing Accidents Due to Proximity to Overhead Lines.

Note • History

(a) General. No person, firm, or corporation, or agent of same, shall require or permit any employee to perform any function in proximity to energized high-voltage lines; to enter upon any land, building, or other premises and there engage in any excavation, demolition, construction, repair, or other operation; or to erect, install, operate, or store in or upon such premises any tools, machinery, equipment, materials, or structures (including scaffolding, house moving, well drilling, pile driving, or hoisting equipment) unless and until danger from accidental contact with said high-voltage lines has been effectively guarded against.

(b) Clearances or Safeguards Required. Except where overhead electrical distribution and transmission lines have been de-energized and visibly grounded, the following provisions shall be met:

(1) Over Lines. The operation, erection, or handling of tools, machinery, apparatus, supplies, or materials, or any part thereof, over energized overhead high-voltage lines shall be prohibited.

Exception: 1: Aircraft over energized overhead high-voltage lines operating in conformance with:

(A) Applicable regulations administered by the Federal Aviation Administration, and/or

(B) Helicopter Operations, Article 35, Construction Safety Orders, California Administrative Code, Title 8.

Exception: 2: Tower cranes (Hammerhead) installed not closer than the minimum clearances set forth in Table 2, whereon the trolley or boom travel is controlled by limit switches which will prevent carrying a load over energized overhead high-voltage lines or within a horizontal distance closer than the minimum clearances set forth in Table 2.

(2) The operation, erection, handling, or transportation of tools, machinery, materials, structures, scaffolds, or the moving of any house or other building, or any other activity where any parts of the above or any part of an employee's body will come closer than the minimum clearances from energized overhead lines as set forth in Table 1 shall be prohibited.

Exception: Amusement rides or attractions shall not be located under or within 15 ft. (4.57 m) horizontally of conductors operating in excess of 600 volts.

Operation of boom-type equipment shall conform to the minimum clearances set forth in Table 2, except in transit where the boom is lowered and there is no load attached, in which case the distances specified in Table 1 shall apply.

TABLE 1

General Clearances Required from Energized Overhead High-Voltage Conductors

Nominal Voltage Minimum Required

(Phase to Phase) Clearance (Feet)

600 50,000 6

over 50,000 345,000 10

over 345,000 750,000 16

over 750,000 1,000,000 20

(3) Boom-type lifting or hoisting equipment. The erection, operation or dismantling of any boom-type lifting or hoisting equipment, or any part thereof, closer than the minimum clearances from energized overhead high-voltage lines set forth in Table 2 shall be prohibited.

(4) Storage. The storage of tools, machinery, equipment, supplies, materials, or apparatus under, by, or near energized overhead high-voltage lines is hereby expressly prohibited if at any time during such handling or other manipulation it is possible to bring such tools, machinery, equipment, supplies, materials, or apparatus, or any part thereof, closer than the minimum clearances from such lines as set forth in Table 1.

(c) The specified clearance shall not be reduced by movement due to any strains impressed (by attachments or otherwise) upon the structures supporting the overhead high-voltage line or upon any equipment, fixtures, or attachments thereon.

(d) Any overhead conductor shall be considered to be energized unless and until the person owning or operating such line verifies that the line is not energized, and the line is visibly grounded at the work site.

TABLE 2

Boom-type lifting or hoisting equipment clearances required from

energized overhead high-voltage lines.

Nominal voltage Minimum Required

(Phase to Phase) Clearance (Feet)

600 50,000 10

over 50,000 75,000 11

over 75,000 125,000 13

over 125,000 175,000 15

over 175,000 250,000 17

over 250,000 370,000 21

over 370,000 550,000 27

over 550,000 1,000,000 42

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (b), (c), repealer of subsections (d), (e) and new subsection (d) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction renumbering former Article 86 to Article 37 filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

4. Amendment of subsection (b)(2) filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2947. Warning Signs Required.

Note • History

The owner, agent, or employer responsible for the operations of equipment shall post and maintain in plain view of the operator and driver on each crane, derrick, power shovel, drilling rig, hay loader, hay stacker, pile driver, or similar apparatus, a durable warning sign legible at 12 feet reading: “Unlawful To Operate This Equipment Within 10 Feet Of High-Voltage Lines of 50,000 Volts Or Less.”

In addition to the above wording, the following statement in small lettering shall be provided on the warning sign: “For Minimum Clearances of High-Voltage Lines In Excess of 50,000 Volts, See California Code of Regulations, Title 8, Article 37, High-Voltage Electrical Safety Orders.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

2. Editorial correction filed 11-2-83 (Register 83, No. 45).

3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2948. Notification to the Operators of High-Voltage Lines and Responsibility for Safeguards.

Note • History

When any operations are to be performed, tools or materials handled, or equipment is to be moved or operated within the specified clearances of any energized high-voltage lines, the person or persons responsible for the work to be done shall promptly notify the operator of the high-voltage line of the work to be performed and shall be responsible for the completion of the safety measures as required by Section 2946 (b) before proceeding with any work which would impair the aforesaid clearance.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction adding NOTE filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2949. Special Exemption.

Note • History

The provisions of the foregoing Sections 2946 through 2948 shall not apply to the construction, reconstruction, maintenance, or operation of any energized overhead high-voltage lines or their supporting structures or appurtenances by qualified electrical workers, authorized by the owner of such lines, nor to work performed in proximity to energized overhead high-voltage lines by qualified persons using approved equipment and work procedures specified in these orders in accordance with Penal Code Section 385D.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32). 2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

Article 38. Line Clearance Tree Trimming Operations

(Formerly Article 87)

§2950. Application.

Note • History

(a) This article shall apply to all line clearance tree trimming operations performed in the vicinity of exposed energized overhead conductors and equipment where any part of the employee's body, tools or equipment being used, or parts of trees being worked upon, is likely to come within the distances specified in Table 1 of this section.

(b) Minimum approach distances to energized conductors for persons other than qualified line clearance tree trimmers and trainees shall be maintained in accordance with Table 1.

EXCEPTION NO. 1: A qualified tree worker as defined in the General Industry Safety Orders (GISO), Section 3420(b) may perform tree trimming activities within 10 feet, but no closer than 1 foot, of energized low voltage (600 volts or less) power lines and conductors, provided the provisions in GISO Section 3423 related to such work are met.

EXCEPTION NO. 2: A qualified telecommunication worker as defined in Section 8601 of the Telecommunication Safety Orders when performing restoration work or other emergency work, provided the employee is trained and experienced in the special techniques and work procedures required to avoid the hazards of line clearance tree trimming operations.

EXCEPTION NO. 3: A qualified electrical worker as defined in Section 2700 of the High Voltage Electrical Safety Orders when performing restoration work or other emergency work, provided the employee is trained and experienced in the special techniques and work procedures required to avoid the hazards of line clearance tree trimming operations.

Table 1.

Minimum approach distances to energized conductors for persons other than qualified line-clearance tree trimmers and trainees

Nominal voltage in kilovolts

(kV) Distance

phase to phase* ft-in Meters

0.0 to 1.0 10-00 3.05

1.1 to 15.0 10-00 3.05

15.1 to 36.0 10-00 3.05

36.1 to 50.0 10-00 3.05

50.1 to 72.5 10-09 3.28

72.6 to 121.0 12-04 3.76

138.0 to 145.0 13-02 4

161.0 to 169.0 14-00 4.24

230.0 to 242.0 16-05 4.97

345.0 to 362.0 20-05 6.17

500.0 to 550.0 26-08 8.05

785.0 to 800.0 35-00 10.55

*Exceeds phase to ground minimum approach distances per the federal standard, 29 CFR 1910.333.

NOTE 1: Minimum approach distances to energized conductors for qualified line clearance tree trimmers and trainees as defined in Section 2700 are provided in the provisions and references of Section 2951 of these Orders.

NOTE 2: Additional requirements for Tree Work, Maintenance or Removal, are contained in Article 12 of the General Industry Safety Orders, Title 8, California Code of Regulations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 87 ( §§ 2950-2959, not consecutive) filed 10-14-75 as an emergency; effective upon filing (Register 75, No. 42).

2. Certificate of Compliance as to Article 87, except for Sections 2950(c)(2)(A), 2954(f), and 2955(a)(5)(A) filed 1-9-76 (Register 76, No. 2).

3. Amendment of subsection (c)(2)(A) filed 1-9-76 (Register 76, No. 2).

4. Repealer of Article 87 (Sections 2950-2959, not consecutive) and new Article 87 (Sections 2950-2951) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

5. Amendment filed 4-16-80 as procedural and organizational; effective upon filing (Register 80, No. 16).

6. Editorial correction renumbering former Article 87 to Article 38 filed 11-2-83 (Register 83, No. 45).

7. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

8. Amendment designating first paragraph as subsection (a) and adopting new subsection (b) filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§2951. Line Clearance Operations.

Note • History

(a) Prior to commencing line clearance tree trimming operations, the employer shall ensure that an inspection of the work locations is made in order to identify potential hazards and a tail gate briefing is conducted to discuss the work procedures to be followed.

(b) Only qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of qualified line clearance tree trimmers, shall be permitted to perform line clearance tree trimming operations as described in Section 2950. Under no circumstances shall the minimum distance specified in Section 2940.2(b) Table 2940.2, be violated.

(c) The employee in charge of each independent crew shall coordinate the de-energizing and re-energizing of high-voltage lines with the operator of the high-voltage line(s).

(d) During all tree trimming operations performed in accordance with the requirements of subsection (b) above, there shall be another qualified line clearance tree trimmer or trainee at each work location to render immediate assistance.

Note: A qualified high-voltage electrical worker shall be permitted to be the second employee, provided the employee doing the line clearance tree trimming is a qualified line clearance tree trimmer.

(e) Branches contacting energized conductors or equipment shall be removed only by using nonconductive equipment.

(f) With the exception of emergency restoration procedures, line clearance tree trimming work shall not be performed when adverse weather conditions such as thunderstorms in the immediate vicinity, high winds, snow storms or ice storms, make the work hazardous in spite of the work practices required by this section.

Note: A high wind is one which would expose an employee to being blown from an elevated location, or cause an employee or material handling equipment to lose control of the material being handled, or expose the employee to other hazards not controlled by the requirements of this section. Winds exceeding 40 miles per hour, or 30 miles per hour if material handling is involved, meet this criteria unless precautions are taken to protect employees from the hazards described herein.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

2. New subsection (e) and following Note filed 12-12-94; operative 1-11-95 (Register 94, No. 50).

3. New subsection (c) and subsection relettering filed 11-19-97; operative 12-19-97 (Register 97, No. 47).

Article 39. Signs and Outline Lighting--Exceeding 600 Volts

(Formerly Article 88)

§2970. Installation of Conductors.

Note • History

Conductors shall be installed as follows:

(a) Wiring Method. Conductors shall be installed in rigid metal conduit, in flexible metal conduit, in liquidtight flexible metal conduit, or in electrical metallic tubing.

(Title 24, Part 3, Section 600-31(a).)

(b) Conductors in Raceways. Where the conductors are covered with lead or other metal sheathing, the covering shall extend beyond the end of the raceway, and the surface of the cable shall not be injured where the covering terminates.

(Title 24, Part 3, Section 600-31(e).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New Article 88 ( §§ 2970-2974) filed 10-14-75 as an emergency; effective upon filing (Register 75, No. 42).

2. Certificate of Compliance filed 1-9-76 (Register 76, No. 2).

3. Editorial correction filed 11-2-83 (Register 83, No. 45).

4. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2971. Transformers.

Note • History

Transformers shall comply with the following:

(a) Voltage. The transformer secondary open-circuit voltage shall not exceed 15 kilovolts with an allowance on test of 1 kilovolt additional. In end-grounded transformers the secondary, open-circuit voltage shall not exceed 7.5 kilovolts with an allowance on test of 500 volts additional.

(Title 24, Part 3, Section 600-32(a).)

(b) Type. Transformers shall be of a type approved for the purpose and shall be limited in rating to a maximum of 4.5 kilovolt-amperes.

Open core-and-coil type transformers shall be limited to 5 kilovolts with an allowance on test of 500 volts, and to indoor applications in small portable signs.

Transformers for outline lighting installations shall have secondary current ratings not in excess of 30 milliamperes.

(Title 24, Part 3, Section 600-32(b) without Exception.)

(c) Transformer Secondary Connections. The high voltage windings of transformers shall not be connected in parallel; and shall not be connected in series, except that two transformers each having one end of its high voltage winding connected to the metal enclosure shall be permitted to have their high voltage windings connected in series to form the equivalent of a midpoint-grounded transformer. The grounded ends shall be connected by insulated conductors not smaller than No. 14.

Exception: Transformers for small portable signs, show windows, and similar locations that are equipped with leads permanently attached to the secondary winding within the transformer enclosure and that do not extend more than 8 feet beyond the enclosure for attaching to the line ends of the tubing shall be permitted to have leads smaller than No. 14, but shall not be smaller than No. 18 and shall be of a type approved for the purpose.

(Title 24, Part 3, Section 600-32(d).)

(d) Accessibility. Transformers shall be accessible.

(Title 24, Part 3, Section 600-32(e).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2972. Electric-Discharge Tubing.

Note • History

Electric-discharge tubing shall conform to the following:

(a) Support. Tubing shall be adequately supported on noncombustible, nonabsorptive supports.

(Title 24, Part 3, Section 600-33(b).)

(b) Contact with Flammable Material and Other Surfaces. The tubing shall be free from contact with flammable material and shall be located where not normally exposed to physical damage. Where operating in excess of 7.5 kilovolts, the tubing shall be supported on noncombustible, nonabsorptive, insulating supports which maintain a spacing of not less than 1/4 inch between the tubing and the nearest surface.

(Title 24, Part 3, Section 600-33(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2973. Terminals and Electrode Receptacles for Electric-Discharge Tubing.

Note • History

Terminals and electrode receptacles for electric-discharge tubing shall comply with the following:

(a) Terminals. Terminals of the tubing shall be inaccessible to unqualified persons and isolated from combustible material and grounded metal or shall be enclosed.

(Title 24, Part 3, Section600-34(a).)

(b) Tube Connections. Where tubes do not terminate in receptacles designed for the purpose, all live parts of tube terminals and conductors shall be so supported as to maintain a separation of at least 1 1/2 inches between conductors or between conductors and any grounded metal.

(Title 24, Part 3, Section 600-34(b).)

(c) Bushings. Where electrodes enter the enclosure of outdoor signs or of an indoor sign operating at a voltage in excess of 7.5 kilovolts, bushings shall be used unless receptacles are provided or the sign is wired with bare wire mounted on approved supports which maintain the tubing in proper position.

(Title 24, Part 3, Section 600-34(d).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).

§2974. Switches on Doors.

Note • History

Doors or covers giving access to uninsulated parts of indoor signs or outline lighting exceeding 600 volts and accessible to other than qualified persons, shall either be provided with interlock switches which on the opening of the doors or covers disconnect the primary circuit, or shall be so fastened that the use of other than ordinary tools will be necessary to open them.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 11-2-83 (Register 83, No. 45).

2. Amendment of section and Note filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 40. Electronic News Gathering

§2980. Definitions.

Note • History

Electronic News Gathering (ENG). A task or series of tasks applied to capturing news, sporting or other live events on location using cameras and support equipment and using recorded media for live transmission and/or reception. For the purposes of this regulation, ENG includes Satellite News Gathering (SNG), Electronic Field Production (EFP), and other activities which are functionally similar to ENG.

ENG Vehicle. An ENG vehicle has a transmitter and may also have a receiver. An ENG vehicle employs an elevating antenna, dish, laser, or similar device or structure in order to transmit, receive, or relay video, audio, or data signal to or from a broadcasting station, fixed or mobile relay point, including satellite or other spacecraft, or other facility for immediate or delayed processing for use in broadcasts or closed circuit transmission. Excluded from this Article are mobile cellular telephone sites, sometimes referred to as cells-on-wheels (COWS) used exclusively for cellular telephone communications.

Step potential. “Step potential” is the voltage between the feet of a person standing near an energized grounded object. It is equal to the difference in voltage, given by the voltage distribution curve, between two points at different distances from the “electrode.” A person could be at risk of injury during a fault simply by standing near the grounding point.

Touch potential. “Touch potential” is the voltage between the energized object and the feet of a person in contact with the object. It is equal to the difference in voltage between the energized object and a point some distance away. It should be noted that the touch potential could be nearly the full voltage across the grounded object if that object is grounded at a point remote from the place where the person is in contact with it.

Step and touch potentials are illustrated in Figure 1.

Embedded Graphic 08.0314

Figure 1 -- Step and Touch Potentials

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 40 (sections 2980-2983) and section filed 11-18-2002; operative 12-18-2002 (Register 2002, No. 47).

2. Change without regulatory effect providing more legible version of Figure 1 filed 11-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

§2981. Provisions for Preventing Accidents Due to Operation of Electronic News Gathering Vehicles in Proximity of Overhead Power Lines.

Note • History

(a) Positive means, such as momentary contact (continuous pressure) switches, shall be used to raise or rotate elevating antennas, such as microwave masts, dishes, or similar structures. The switch shall be located to assure that personnel operating the elevating antenna will be where they can continuously and responsibly observe the environment overhead during the raising or rotating operation.

(b) Level indication devices shall be provided in an observable location on the ENG vehicle to indicate the level of the vehicle front to rear and across the width.

(c) A spotlight or functionally equivalent means of illumination shall be provided on all ENG vehicles equipped with an elevating antenna, such as a microwave mast, dish, or similar structure. Illumination shall be adequate to assist operating personnel in locating overhead hazards, such as power lines within the proximity of the elevating device during periods of darkness or reduced available light.

(d) Audible and visual warnings shall be provided to warn the driver when movement of the ENG vehicle is attempted while the mast, dish, or similar structure (antenna) is not stowed. A visual warning readily observable to the driver shall occur when the engine is running and the antenna is not stowed. A non-cancelable audible alarm with a nominal sound loudness of 80-85dB at the driver's position shall occur when movement of the vehicle is attempted unless the elevating antenna is stowed.

(e) Warning Signs. Each ENG vehicle equipped with elevating mast, dish, antenna, or similar apparatus, shall be posted with durable, permanent warning signs.

(1) A warning sign shall be posted in plain view of the mast operator's position with lettering not less than 1/2 inch in height on a contrasting background reading: “Unlawful to operate this equipment within 10 feet of high-voltage lines of 50,000 volts or less.”

(A) In addition to the above wording, the following statement in small lettering shall be provided on each mast operator warning sign: “For minimum clearances of high-voltage lines in excess of 50,000 volts, see California Code of Regulations, Title 8, Article 37, High-Voltage Electrical Safety Orders.”

(2) A warning sign shall be posted in plain view of the mast operator and the ENG vehicle driver with lettering not less than 1/4 inch in height on a contrasting background listing the vehicle heights with the antenna in the raised and stowed positions.

(f) ENG Vehicle Safety Manual:

(1) The owner, agent, or employer responsible for the operations of ENG vehicles shall maintain a durably bound document in each vehicle containing the following information:

(A) How to safely operate the elevating mast or antenna.

(B) Original equipment manufacturer (OEM) vehicle owner/operator's manual.

(2) Prior to permitting an employee to operate an ENG vehicle, the employer shall ensure that the vehicle operator is familiar with the Vehicle Safety Manual specific to the vehicle they will be operating.

(A) EXCEPTION: Service personnel performing vehicle maintenance functions.

(g) Work performed as described in this Article shall be in accordance with Article 37 of the High-Voltage Electrical Safety Orders.

(h) Effective dates:

(1) Provisions of this Section (2981(a)-(f)) shall apply to all ENG vehicles manufactured on or after December 18, 2003, which are operated in California.

(2) Provisions of this Section (2981(a)-(f)) shall apply to all ENG vehicles manufactured prior to December 18, 2003, which are operated in California on or after December 18, 2004.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-18-2002; operative 12-18-2002 (Register 2002, No. 47).

§2982. Employee Training.

Note • History

(a) Scope and Application:

(1) The requirements of this Section shall apply in addition to training required by General Industry Safety Orders, Section 3203(a)(7).

(2) Safety training shall be conducted at least annually for all personnel employed in electronic news gathering operations, including, but not limited to, all elements described in subsection 2982(b).

(3) Safety training shall be given to:

(A) Field personnel. All employees, including reporters, assigned to operate ENG vehicles or work in the proximity of ENG vehicles under field conditions.

(B) Supervisory personnel. All employees who assign or supervise field personnel, and those with field personnel under their immediate and direct control.

(4) Prior to permitting an employee to operate or work in the proximity of an ENG vehicle under field conditions, the employer shall ensure that such employee has successfully completed training required by this Section, including, but not limited to all elements described in Section 2982(b).

(A) EXCEPTION: Supervised operations performed during the actual training required by this Article.

(5) Prior to permitting an employee to assign or supervise field personnel as defined above, the employer shall ensure that such supervisory personnel has successfully completed training required by this Section including, but not limited to, all elements described in Section 2982(b).

(A) EXCEPTION: The requirements for training of supervisory personnel, as defined in subsection 2982(a)(3)(B), may be suspended during a major natural disaster or major civil emergency as necessary to permit compliance with Penal Code Section 409.5(d).

(b) Training.

(1) Employees shall be trained to understand the specific hazards associated with electrical energy in relationship to ENG vehicle operations. They shall be trained in safety-related work practices and procedural requirements as necessary to provide protection from electrical hazards. Employees shall be trained to identify and understand the relationship between electrical hazards and possible injury.

(2) The employer shall establish, implement, and maintain a written Code of Safe Practices for ENG operations. The written Code of Safe Practices shall include, but not necessarily be limited to, the following elements:

(A) Hazards common to ENG vehicles

1. Overhead power lines.

2. Downed power lines.

3. Step potential and touch potential.

4. Generators.

5. Carbon monoxide poisoning.

6. Wind, lightning, and other severe weather conditions.

(B) Safe ENG vehicle operation.

1. Pre-operation equipment inspection criteria.

2. Vehicle controls and equipment indicators.

3. Mast warning alarms required by Section 2981(d).

4. Operating instructions, warnings, and precautions for the types of ENG vehicles to be used.

5. Differences between the ENG vehicle and an automobile.

(a) Steering and maneuvering.

(b) Vehicle stability.

1. Vehicle capacity and load limitations.

(D) Set-up procedure, including:

1. Site selection.

2. Hazards associated with vehicular or pedestrian traffic.

3. Preliminary site inspection (walk-around, walk away, look up).

4. Hazards associated with reduced visibility due to environmental conditions such as fog, smoke, snow, and darkness.

5. Environmental hazards including, but not limited to, harmful substances, and animal, insect, or plant life.

6. Mast and/or antenna operation, including instructions on safe mast deployment.

(E) Tear-down (pre-departure) procedure, including:

1. Lowering the mast/stowing the antenna.

2. Mast problems.

3. Storing and equipment tie-down.

4. Pre-departure site inspection (walk-around, walk away, look up) before moving the vehicle.

(F) Emergency protocol.

1. Emergency operation procedure.

(3) All training and evaluation shall be conducted by persons who have the knowledge, training, and experience in ENG operations, consistent with the subject matter of Section 2982(b), to train ENG employees and to evaluate their competence.

(c) Documentation of employee training shall be maintained as required by Section 3203 of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-18-2002; operative 12-18-2002 (Register 2002, No. 47).

§2983. Safety Inspections.

Note • History

(a) In addition to the periodic inspections required by Section 3203(a)(4), field safety inspections of ENG vehicle operation shall be conducted at least annually to evaluate the implementation of and compliance with Section 2982.

(b) Annual field safety inspections shall be conducted at least one quarter preceding or following the annual training required by Section 2982.

(c) Additional training shall be conducted when a periodic inspection reveals that there are deviations from or inadequacies in the employee's knowledge or use of the safety-related work practices of subsection 2982(b).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-18-2002; operative 12-18-2002 (Register 2002, No. 47).

Article 41. Communications Systems

§2985.0. Scope.

Note • History

This Article applies to radio and television receiving and transmitting equipment, including community antenna television and radio distribution systems, and similar central station systems over 600 volts nominal. These installations need not comply with the provisions of Article 3 through Article 86 of these High Voltage Electrical Safety Orders, except for Article 34.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 41 (sections 2985.0-2985.2) and section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2985.1. Equipment Location.

Note • History

Outdoor metal structures supporting antennas, as well as self-supporting antennas such as vertical rods or dipole structures, shall be located as far away from overhead conductors of electric light and power circuits of over 600 volts nominal as necessary to prevent the antenna or structure from falling into or making accidental contact with such circuits.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2985.2. Grounding.

Note • History

(a) Masts and metal structures supporting antennas shall be permanently and effectively grounded without splice or connection in the grounding conductor.

(b) Transmitters shall be enclosed in a metal frame or grill or separated from the operating space by a barrier, all metallic parts of which are effectively connected to ground. All external metal handles and controls accessible to the operating personnel shall be effectively grounded. Unpowered equipment and enclosures are considered to be grounded where connected to an attached coaxial cable with an effectively grounded metallic shield.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 42. Induction and Dielectric Heating Equipment

§2987.0. Scope.

Note • History

This Article applies to induction and dielectric heating equipment and accessories for industrial and scientific applications, but not for medical or dental applications or for appliances.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 42 (sections 2987.0-2987.1) and section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2987.1. Guarding and Grounding.

Note • History

(b) All panel controls shall be of dead-front construction.

(c) Doors or detachable panels shall be employed for internal access. Where doors are used giving access to voltages over 600 volts ac or dc, either door locks shall be provided or interlocks shall be installed. Where doors are used giving access to voltages of over 1000 volts ac or dc, either mechanical lockouts with a disconnecting means to prevent access until circuit parts within the cubicle are deenergized, or both door interlocking and mechanical door locks, shall be provided. Detachable panels not normally used for access to such parts shall be fastened in a manner that will make them difficult to remove (for example, by requiring the use of tools).

(d) Warning labels or signs that read “DANGER -- HIGH VOLTAGE -- KEEP OUT” shall be attached to the equipment and shall be plainly visible where persons might contact energized parts when doors are opened or closed or when panels are removed from compartments containing over 600 volts ac or dc.

(e) Induction and dielectric heating equipment shall be protected as follows:

(1) Protective cages or adequate shielding shall be used to guard work applicators other than induction heating coils.

(2) Induction heating coils shall be protected by insulation or refractory materials or both.

(4) Interlock switches shall be connected in such a manner as to remove all power from the applicator when any one of the access doors or panels is open.

(f) A readily accessible disconnecting means shall be provided by which each heating equipment can be isolated from its supply circuit. The ampere rating of this disconnecting means may not be less than the nameplate current rating of the equipment. The supply circuit disconnecting means is permitted as a heating equipment disconnecting means where the circuit supplies only one piece of equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Article 43. Integrated Electrical Systems

§2989.0. Scope.

Note • History

(a) An orderly shutdown process minimizes employee hazard and equipment damage;

(b) The conditions of maintenance and supervision ensure that only qualified persons will service the system; and

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 43 (sections 2989.0-2989.1) and section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

§2989.1. Location of Overcurrent Devices in or on Premises.

Note • History

Overcurrent devices that are critical to integrated electrical systems need not be readily accessible to employees if they are located with mounting heights to ensure security from operation by unqualified persons.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-1-2009; operative 4-1-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2009, No. 14).

Subchapter 6. Elevator Safety Orders

Group I. Administrative Regulations

Group I regulations apply to elevator installations covered by Group II and Group III regulations and to new conveyances covered by Group IV regulations.

Article 1. Application

§3000. Application.

Note • History

(a) Where Applicable. The Elevator Safety Orders are applicable to elevators in the State of California except:

(1) Elevators under the jurisdiction of the United States government.

(2) Elevators located in a single-unit private home and not accessible to the public.

(3) Elevators located in a multiunit residential building serving no more than two dwelling units and not accessible to the public.

EXCEPTION TO (a)(3): See section 3001(b)(5).

Note: Unless otherwise designated in this subchapter, the term “division” refers to the current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

(Title 24, Part 7, Section 7-3000(a))

(b) Use and Precedence of Orders.

(1) When ASME A17.1-1996 is cited or incorporated by reference in these Orders, it shall mean the 1996 edition of ASME A17.1, and shall be referred as ASME A17.1-1996, unless otherwise indicated.

(2) The Elevator Safety Orders shall apply if any difference exists between the Elevator Safety Orders and ASME A17.1-1996; or any other code, document or standard referenced in ASME A17.1-1996. Where a specific provision varies from a general provision, the specific provision shall apply.

(3) If a section in the Elevator Safety Orders makes a cross-reference to a section, rule or table in ASME A17.1-1996, such cross-referencing shall be that which is shown in ASME A17.1-1996 unless the referenced section, rule or table has been amended in the Elevator Safety Orders.

(4) If a section, rule, or table in ASME A17.1-1996 makes a cross-reference to another section, rule or table in ASME A17.1-1996, such cross-referencing shall be that which is shown in ASME A17.1-1996 unless the referenced section, rule or table has been amended in the Elevator Safety Orders.

(Title 24, Part 7, Section 7-3000(b))

(c) Devices Included. The devices covered by the regulations of the Elevator Safety Orders are included under the term “elevator” as used in the Labor Code. These orders apply to the following:

(1) Power-cable driven passenger and freight elevators covered by regulations of Articles 7, 8, 20, and 21.

(2) Hydraulic passenger and freight elevators covered by regulations of Articles 9 and 22.

(3) Power and hand sidewalk elevators covered by regulations of Articles 10 and 23.

(4) Hand passenger and freight elevators covered by regulations of Articles 11 and 24.

(5) Power and hand dumbwaiters covered by regulations of Articles 12 and 25.

(6)Material lifts and dumbwaiters with automatic transfer devices covered by regulations of Articles 12.1 and 31.

(7) Inclined elevators covered by regulations of Articles 12.2 and 34.

(8) Escalators covered by regulations of Articles 13 and 26.

(9) Moving walks covered by regulations of Articles 14 and 27.

(10) Hand power man platforms covered by regulations of Article 16.

(11) Manlifts covered by regulations of Article 17.

(12) Screw-driven passenger and freight elevators covered by the regulations of Articles 12.6 and 35.

(13) Vertical or inclined reciprocating conveyors covered by regulations of Article 12.5.

(14) Special access lifts covered by regulations of Articles 15 and 36.

(15) Special-purpose personnel elevators covered by regulations of Article 12.3.

(16) Special-purpose elevators covered by regulations of Article 32.

(d) Devices Excluded. These orders do not apply to the following:

(1) Belt, bucket, scoop, roller, or similar inclined or vertical conveyors, or other types of automated conveyor systems. See Section 3000(c)(13).

(2) Tiering or piling machines, sometimes called stackers, used for loading or stacking material.

(3) Equipment for feeding or positioning materials at machine tools, printing presses, etc.

(4) Hoists for raising and lowering materials and which are provided with unguided hooks, slings, and similar means for attachments to the materials.

(5) Skip or furnace hoists.

(6) Wharf ramps.

(7) Amusement devices.

(8) Stage and orchestra lifts.

(9) Lift bridges.

(10) Railroad car lifts or dumpers.

(11) Construction elevators as defined in section 7200 of the Labor Code.

(12) Mine hoists.

(13) Freight platform hoists with a travel of not more than 5 feet (1.52m).

(Title 24, Part 7, Section 7-3000(d))

(e) Devices Prohibited. The following type elevators are not allowed for new installations.

(1) Hatchway type elevator.

(2) Carriage type elevator.

(3) Auxiliary power elevator.

(4) Single belt elevator.

(5) Double belt elevator.

(6) Steam elevator.

(7) Gravity elevator.

(8) Platform elevator.

(9) Private residence elevators and inclined lifts as regulated in part V, ASME A17.1, except those allowed by article 15 and article 36.

(Title 24, part 7, Section 7-3000(e))

(f) Group III Installations. Devices listed in section 3000(c) that are:

(1) Erected from plans or contracts completed, and for which the notice of intention to install is filed with the Division, on or after October 25, 1998, but before May 1, 2008.

(2) Installations that have been operating previous to October 25, 1998 without the required inspection or permit to operate.

(3) Devices that are moved to a new location on or after October 25, 1998, but before May 1, 2008.

Note: Regulations for Group III installations are in Group III.

(g) Group II Installations. Devices listed in section 3000(c) that are:

(1) Devices which have been inspected by the Division and to which a serial number has been assigned.

(2) Devices for which erection was begun before October 25, 1998 and for which the notice of intent to install is not required.

(3) Devices erected from plans or contracts completed, and for which the notice of intent to install is filed with the Division, before October 25, 1998.

Note: Regulations for Group II installations are in Group II.

(h) Alterations, Repairs, Replacements, and Maintenance of Devices.

(1) Alterations, repairs, replacements, and maintenance of devices listed in section 3000(c) shall comply with Part XII of ASME A17.1-1996; except for Rule 1200.1, Rule 1206.10, section 1214, section 1215, section 1216, and section 1217; which is hereby incorporated by reference.

(2) Alterations made after May 1, 2008 on Group II and Group III devices listed in section 3000(c) shall comply with the applicable provisions of section 3141.2 in Group IV.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7301, 7308 and 7317, Labor Code.

HISTORY

1. Repealer and new subsections (b) and (d)(12) and amendment of subsection (h)(5)(B) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26). For prior history, see Registers 70, No. 12; 75, No. 25; 76, No. 22 and 76, No. 31.

2. Amendment of subsection (a) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

3. Amendment of subsections (b) and (c) filed 9-29-82; effective thirtieth day thereafter (Register 82, No. 40).

4. Amendment of subsections (b) and (d) filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 36).

5. Editorial correction of 8-11-83 order filed 8-25-83; designated effective 9-10-83 (Register 83, No. 36).

6. Amendment of subsection (d) filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

7. Amendment filed 11-26-90; operative 12-26-90 (Register 91, No. 2).

8. Editorial correction of printing error in subsection (c)(1) (Register 91, No. 32).

9. Amendment of subsection (a) filed 7-1-91; operative 7-31-91 (Register 91, No. 43).

10. Amendment of subsection (b)(12), new subsection (b)(13) and amendment of subsection (c)(1) filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

11. New group I heading and amendment of section and Note filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

12. Amendment of subsection (a), repealer of subsection (a)--Note 1 and Note 2 designator, and amendment of subsection (a)--Exception filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

13. Amendment of group I subheading, amendment of subsections (c)(1)-(c)(14), new subsections (c)(15)-(16), amendment of subsections (f)-(g) and (g)(2)-(h), new subsections (h)(1)-(2) and amendment of Note filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Article 2. Permit to Operate

§3001. Permit to Operate.

Note • History

(a) Submittal of Plans and Notification of Intent to Install.

(1) The person or firm who intends to install a new elevator, dumbwaiter, escalator, moving walk, or manlift, shall submit the erection plans to the Division for review. In lieu of complete erection drawings and plans, the division will accept notification from a recognized elevator company that they intend to install a device covered by these regulations of a certain type at a definite address, and subsequent notification to the division that the installation is complete and ready for inspection.

(2) The Division may require drawings and details of construction of any portion of an installation when complete erection plans are not submitted.

(3) When an installation requires material, fabrication, or construction other than recognized standard types or has an offset car frame or is an observation type elevator installed in other than a fully enclosed hoistway, drawings and details shall be submitted to the Division prior to installation.

(4) Alterations to existing passenger or freight elevators as defined in section 3000(h) shall be considered as new installations for submittal of plans or notice of intent to make the alteration and the subsequent notification that the work is complete and ready for inspection. The notice of intent shall include a complete description of the alteration.

(5) The person or firm doing the work of replacing door locking devices, safety devices, governors, or oil buffers on existing installations of passenger or freight elevators shall notify the Division when the work is complete and ready for inspection.

(6) The person or firm installing a new hand power man platform shall notify the Division when the installation is complete and ready for inspection.

(7) The person or firm responsible for special maintenance operations such as the cleaning of glass or the replacement of lamps that cannot be performed from inside the elevator car, shall submit a plan to the Division outlining a safe method that will be used to perform the maintenance.

(8) The person or firm installing a static control shall provide the Division with information showing that the control complies with the requirements of Group II, sections 3040(f)(4) and 3040(f)(7). This information shall be in the form of either:

(A) Electrical schematic diagrams or block diagrams of the control and safety circuits; or

(B) A written checkout procedure and demonstration of safety and speed control circuits required by sections 3040(f)(4) and 3040(f)(7) at the time of the inspection.

EXCEPTION TO SECTION 3001(a)(8): Installation of static control for Group IV installations shall comply with Group IV, section 3141.3.

(b) Inspections Required.

(1) Each new device shall be inspected by an authorized representative of the Division and a permit to operate issued before the device is placed in service.

(2) Each alteration of an existing device shall be inspected by an authorized representative of the Division and a new permit to operate issued before the device is placed back in service.

Exception: After the inspection of a new device or an alteration, the device may be placed in service while the permit to operate is being processed, provided, in the opinion of the inspecting representative of the Division, the device is safe to operate.

(3) The replacement of door locking devices, safety devices, governors, oil buffers, counterweights, car enclosures and car doors and gates, terminal stopping devices, operating devices and control equipment, controllers, and emergency and signaling devices, shall be inspected by an authorized representative of the Division before the elevator is placed back in service.

(4) Reinspections of the devices covered by these regulations shall be as prescribed in Labor Code section 7304 which requires all elevators to be inspected at least once each year, but permits up to a two-year period if an elevator is in a safe condition for operation and is subject to a full maintenance service contract. Such reinspections may be done by certified inspectors as defined in section 3003.

(5) Elevators in a multiunit residential building serving no more than two dwelling units and not accessible to the public shall be inspected by the Division upon completion of installation prior to being placed in service, or after alterations prior to being returned to service. The inspection shall be for safety and compliance with applicable provisions in ANSI/ASME A17.1-1984, Parts V and XXI, which are hereby incorporated by reference. Elevators installed after Sept. 28, 2001, shall be inspected for safety and compliance with applicable provisions in either ASME A17.1-1996, Part 5, which is hereby incorporated by reference; or ASME A18.1-1999, Sections 5, 6, and 7, which is hereby incorporated by reference.

(6) Special access elevators installed after Sept. 28, 2001 shall be inspected for safety and compliance with the applicable provisions of Article 15, Special Access Elevators and Special Access Lifts, sections 3093-3093.60 of the Elevator Safety Orders.

(1) The permit, or a copy thereof, to operate a passenger elevator, freight elevator or incline elevator shall be posted conspicuously and securely in the elevator car. For other devices, the permit shall be available on the premises.

(2) Except as provided in subsection (c)(3), the permit shall not be issued for a period exceeding one year.

(3) If the Division's investigation and inspection indicate the elevator is in a safe condition and will be covered during the entire term of the permit by a full maintenance contract with an elevator service company possessing a C-11 license issued by the California Contractors' State License Board, the Division may issue a permit for a period not exceeding two years.

(4) Within 60 days of notification by the Division that an elevator may qualify for a two-year permit, the elevator service company shall submit to the Division the following information:

(A) A copy of the elevator service company's C-11 license issued by the California Contractors' State License Board;

(B) A copy of the full maintenance service contract.

(5) A full maintenance service contract shall:

(A) Specify the responsibilities of the elevator service company in regard to all repairs and maintenance that may be necessary to keep the elevator in compliance with the Elevator Safety Orders, Title 8 of the California Code of Regulations; and

(B) Require the elevator service company to service the elevator as frequently as necessary to effect safe operation but not less often than monthly.

(6) The elevator service company shall notify the Division within 30 days if a full maintenance service contract is terminated or altered during the period the two-year permit is in effect.

(d) Inspection Fees.

The Division shall assess a fee for inspections performed by Division safety engineers in accordance with title 8, California Code of Regulations, section 344.30. The Division shall not issue a permit to operate until the assessed fee has been collected.

(e) Application Processing Time for Renewal of Permit.

(1) Within 15 calendar days of receipt of an application for renewal of a permit to operate, the Division shall inform the applicant in writing that the application is either complete and accepted for filing or that it is deficient and what specific information and documentation is required to complete the application.

(2) Within 30 calendar days from the date of the filing of a completed application, the Division shall conduct an inspection of the device for which the permit is sought. If the inspection reveals violations of the safety orders, a preliminary order indicating such requirements as may in the opinion of the Division be necessary to comply with these regulations shall be issued.

(3) After satisfactory compliance with the preliminary order, if one has been issued, and upon notification to the Division's elevator unit that the inspection fee has been paid, the Division shall issue the permit within 15 calendar days.

(4) The Division's median, minimum and maximum times for processing a permit from the receipt of the initial application to the final permit decision, based on the Division's actual performance during the two years immediately preceding the proposal of this regulation have been as follows:

Median time 60 days

Minimum time 30 days

Maximum time 1 year

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 7304(b) and 7317, Labor Code.

HISTORY

1. Amendment of subsections (a)(3) and (a)(4) filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48). For prior history, see Register 76, No. 31.

2. Amendment of subsection (a)(4) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Repealer of subsection (d) filed 12-1-77; effective thirtieth day thereafter (Register 77, No. 49).

4. New subsection (d) filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13).

5. New subsection (a)(8) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

6. Amendment of subsections (b), (c), and (d) and new subsection (e) filed 11-26-90; operative 12-26-90 (Register 91, No. 2).

7. Amendment of subsections (a)(2)-(a)(8) filed 7-1-91; operative 7-31-91 (Register 91, No. 43).

8. Amendment of subsection (c)(4) and Note filed 9-22-93; operative 10-22-93 (Register 93, No. 39).

9. Editorial correction of subsections (c)(5)(A) and (e)(4) (Register 95, No. 26).

10. Amendment of subsections (a)(1), (a)(4), (a)(8), (a)(8)(B), (b)(2)-(3), (b)(5) and (c)(5)(A) filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

11. Amendment of subsection (b)(5), new subsection (b)(6) and amendment of Note filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

12. Amendment of subsection (a)(8)(B), (b)(2) and (b)(5) filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Appendix A [Repealed] Inspection Fees

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New appendix A filed 3-26-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Repealer filed 11-26-90; operative 12-26-90 (Register 91, No. 2).

Article 3. Variances

§3002. Variances.

Note • History

(a) Any employer, person or firm having custody of an elevator may apply to the Division for a temporary order granting a variance from an elevator safety order. Such temporary order shall be granted only if the employer, person or firm files an application which meets the requirements of section 6450 through 6457, inclusive, of the California Labor Code.

(b) Any employer, such as a person or firm having custody of an elevator, may apply to the Occupational Safety and Health Standards Board for a permanent variance from an occupational safety and health standard, order, special order, or portion thereof upon a showing of an alternative program, method, practice, means, device, or process which will provide equal or superior safety. Such application shall conform to the requirements of the California Code of Regulations, title 8, chapter 3.5 (Title 24, part 7, section 7-3002).

NOTE

Authority cited: Sections 142.3 and 143, Labor Code. Reference: Sections 142.3, 143, 143.2, 6450 and 6454, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. Repealer of article 3 (section 3002) and new article 3 (section 3002) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment of subsections (a) and (b) and Reference citations added, filed 7-1-91; operative 7-31-91 (Register 91, No. 43).

3. Amendment of Note filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 4. Qualifications for Certified Inspectors

§3003. Qualifications for Certified Inspectors.

Note • History

(a) Employment. Applicants shall be employed by a licensed insurance company carrying insurance on elevators or by a municipality which maintains an elevator inspection organization operating under ordinances or rules at least equivalent to the Elevator Safety Orders of the Division of Industrial Safety.

Applicants may be examined prior to their employment if sponsored by an insurance company or a municipality by an agreement to employ the candidate if he is successful in the examination. However, no certificate will be issued until the applicant is actually employed as an elevator inspector.

(b) Experience. Applicants shall have had at least four years of experience in some mechanical or electrical endeavor at least one year of which shall have been in the design, construction, installation, repair or inspection of elevators.

The nonelevator, mechanical, or electrical experience shall be at the journeyman mechanic level or technical work and the work must have been comparable to work in the elevator industry.

Engineering education on a college level may be substituted on a year-for-year basis for the nonelevator qualifying experience.

The one year of required elevator experience may be on the basis of continuous employment for one year in which at least half of the applicant's time is devoted to elevator work.

(c) Training. Immediately prior to the examination, the candidate shall have completed at least 90 days of intensive training in elevator inspection in California under the direct supervision of a certified elevator inspector.

This training period may be waived prior to the written examination; provided, however, that no certificate shall be issued until the candidate has been employed and satisfactorily completed the prescribed training period.

(d) Performance of Duties. A candidate shall be of good character, free from disabling defects, and possessing sufficient agility to perform his duties safely and efficiently.

(e) Certificates. Certificates of competency may be revoked by the division, after a hearing, for failure to submit true reports concerning the condition of an elevator, or for conduct deemed by the division to be contrary to the best interests of elevator safety or of the division.

Certificates may also be revoked, after a hearing, when physical infirmities develop to a point where it appears that an inspector can no longer perform his duties in a thorough and safe manner.

Certificates may be suspended by the division, after a hearing, for periods up to six months for infractions not deemed serious enough to revoke the certificate.

(f) Frequency of Inspection. Certificates will be automatically suspended if, for a period of one year, an inspector does not make any elevator inspections as evidenced by reports submitted; however, such certificates may be reinstated without a written examination at the discretion of the division.

This provision does not apply to the supervising engineers or others whose regular duties include the review of the work of other certified inspectors.

(g) Examination. The examination shall be conducted in two parts; the first consisting of a written examination and the second consisting of a field examination.

If the applicant fails to obtain a passing grade in either the written or field examination, he may apply for a re-examination and the waiting period between examinations shall be determined by the division as not less than 30 days or more than 6 months, depending on the judgment of the division regarding the necessity of additional study and training on the part of the applicant.

The field examination may be waived or postponed by the division and the certificate issued subject to field examination. This field examination may consist of a formal assignment related to elevator inspection or it may consist of an appraisal of work of the inspector during an indefinite probationary period.

(1) Written examinations will be conducted by appointment at any time mutually agreeable to the candidate and to the division. these examinations will be conducted in the office of the division, either in San Francisco or in Los Angeles.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. Amendment of subsection (c) and new Note filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 5. Standard Reference Documents

§3004. Authority for Standard.

Embedded Graphic 08.0315

Article 6. Definitions

§3009. Definitions.

Note • History

(a) Scope. The elevator industry and the material handling industry, both of which are subject to these orders, use many words and terms that have meanings unique to their respective endeavors. Definitions are included to standardize nomenclature and improve communication between inspectors, mechanics, architects, engineers, and owners. Oral and written interchanges are enhanced when both parties understand a given term or word to have a specific meaning.

(b) List of Definitions. The following definitions shall be accepted as the meaning of the various terms as used in these regulations:

Acceleration. The operation of advancing the elevator drive motor speed from zero to normal operating speed.

Alteration. Any change or addition to the equipment other than ordinary repairs or replacements.

Alternate Level. See Level, Alternate.

Angle of Contact. That portion of a sheave contacted by a rope. Measured in degrees of contact. Sometimes referred to as angle of wrap or arc of contact.

Applied Frame Entrance. A wraparound or partial addition to an existing entrance frame used to improve the appearance or to provide the required clearance.

Annunciator, Car. An electrical device in the car which indicates visually the landings at which an elevator landing signal registering device has been actuated.

Approved Device. An approved device is one on which a written approval for use in the State of California has been issued by the Division of Industrial Safety.

Apron. See Platform Guard.

Astragal. A molding on the leading edge of hoistway and car doors. Usually a rubber molding extending the full height on center opening doors, and either metal or rubber running the full width of the upper panel on biparting freight type doors. It is furnished to reduce the effects of injury, should something get caught between door panels and quiet the operation of the doors.

Authorized Personnel. Persons who have been instructed in the operation and/or maintenance of the equipment and designated by the owner to use or maintain the equipment.

Automated People Mover. A guided transit mode with fully automated operation, featuring vehicles that operate on guideways with exclusive right-of-way.

Automatic Transfer Device. See under Material Handling Devices.

Backlash. Excessive clearance between the teeth of the worm and worm gear of a geared machine; it permits a rocking action of the drive sheave or gear when the worm is held stationary.

Basic Safety Circuit. A portion of the elevator control wiring that includes a number of mechanical switch contacts and relay contacts in series. Usually includes the final limits, emergency stop button, governor contacts and a safety-operated switch. The cause of operation of any one of these contacts constitutes a possible hazardous operation of the elevator and therefore stops all elevator operation. Also called the emergency circuit.

Buffer. A device designed to stop a descending car or counterweight beyond its normal limit of travel by storing or by absorbing and dissipating the kinetic energy of the car or counterweight.

(A) Oil Buffer. A buffer using oil as a medium which absorbs and dissipates the kinetic energy of the descending car or counterweight.

(B) Gas Spring-Return Oil Buffer. An oil buffer utilizing the pressure of a compressed gas to return the buffer plunger or piston to its fully extended position.

(C) Mechanical Spring-Return Oil Buffer. An oil buffer utilizing the force of the compressed mechanical spring or springs to return the buffer plunger or piston to its fully extended position.

(D) Oil Buffer Stroke. The oil-displacing movement of the buffer plunger or piston, excluding the travel of the buffer-plunger accelerating device.

(E) Spring Buffer. A buffer which stores in a spring the kinetic energy of the descending car or counterweight.

(F) Spring-Buffer Load Rating. The load required to compress the spring an amount equal to its stroke.

(G) Spring-Buffer Stroke. The distance the contact end of the spring can move under a compressive load until all coils are essentially in contact or until a fixed stop is reached.

Bumper. A device, other than an oil or spring buffer, designed to stop a descending car or counterweight beyond its normal limit of travel by absorbing the impact.

Cam. A steel angle beveled at both ends and fastened to the guide rails to operate terminal switches mounted on the car. A steel angle beveled at both ends fastened to the car to operate terminal switches in the hoistway. A steel angle mounted on the car to operate a hoistway floor selector. A movable steel bar or angle mounted on a car to unlock hoistway door interlocks. A device for converting regular rotary motion into irregular rotary motion or reciprocating motion.

Car, Elevator. The load-carrying unit, including its platform, car frame, enclosure, and car door or gate.

Car, Material Lift. See under Material Handling Devices.

Car Door or Gate Electric Contact. An electrical device, the function of which is to prevent the operation of the driving machine by the normal operating device unless the car door or gate is in the closed position.

Car Door or Gate Power Closer. A device or assembly of devices which closes a manually opened car door or gate by power other than by hand, gravity, springs, or the movement of the car.

Car Door or Gate. Power Closed. A door or gate which is closed by a door or gate power operator.

Car Enclosure. The top and the walls of the car resting on and attached to the car platform.

Car Frame (Sling). The supporting frame to which the car platform, upper and lower sets of guide shoes, car safety and hoisting ropes or rope sheaves of a cable elevator are usually attached or the plunger or cylinder of a direct plunger elevator are attached.

Car Frame, Overslung. A car frame to which the hoisting rope fastenings or hoisting rope sheaves are attached to the crosshead or top member of the car frame.

Car Frame, Underslung. A car frame to which the hoisting rope fastenings or hoisting rope sheaves are attached at or below the car platform.

Car Frame, Sub-Post. A car frame, all of whose members are located below the car platform.

Car Frame, Offset. A car frame sufficiently offset from the center of the platform to require special design and construction not covered by the formulas in Article 18.

Car Gate. The movable portion(s) of the car entrance which closes the opening, providing access to the car or landings. In contrast to a car door, the car gate is not a solid panel. It consists of one of the following:

(A) Horizontally Sliding Collapsible Gate. A series of horizontally sliding vertical bars, jointed by a scissor-like linkage that allows the assembly to collapse (normally to less 25% of the closed width). The collapsing gate is subject to horizontal deflection.

(B) Horizontally Sliding Safety or Tubular gate. A non-collapsible series of horizontally sliding vertical tubes. This gate may travel past the stationary car panel to the side of the enclosure when in the open position.

(C) Vertically Lifting Gate. A counterweight (counterbalanced) assembly, consisting of one or more sections that are guided in the vertical direction to open or close. The gate may be of wood or metal construction. Wood gates may consist of either horizontal or vertical slats. Metal gates are usually constructed of perforated or expanded metal.

Car, Material Lift. The load-carrying unit including the car frame, enclosure, and transfer device.

Car Platform. The structure which forms the floor of the car and which directly supports the load.

Car Platform, Laminated. A self-supporting platform constructed of plywood with a bonded steel sheet facing on both top and bottom surfaces.

Car Platform Frame. A structure frame, composed of interconnecting members, which supports the car platform floor.

Car Stop Switch. A device located in the car which, when manually operated, causes the electric power to be removed from the driving machine motor and brake of an electric elevator or from the electrically operated valves and pump motor of a hydraulic elevator.

C.C.R. The California Code of Regulations.

Ceramic Permanent Magnet. A magnet of the type which has a force that does not deteriorate with time.

Certified Competent Conveyance Inspector (CCCI). Any person who has been determined by the Division to have the qualifications and ability of a competent conveyance inspector and is certified as a CCCI by the Division.

Certified Competent Conveyance Mechanic (CCCM). Any person who has been determined by the Division to have the qualifications and ability of a competent journey-level elevator mechanic and is certified as a CCCM by the Division.

Certified Qualified Conveyance Company (CQCC). Any person, firm, or corporation that, (1) possesses a valid elevator contractor's license if required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and (2) is certified as a CQCC by the Division.

Clearance, Bottom Car. The clear vertical distance from the pit floor to the lowest structural or mechanical part, equipment or device installed beneath the car platform, except guide shoes or rollers, safety jaw assemblies and platform aprons or guards, or other equipment located within 12 inches horizontally from the edge of the platform, when the car rests on its fully compressed buffer.

Clearance, Top Car. The shortest vertical distance between the top of the car crosshead, or between the top of the car which ever is higher, and the nearest part of the overhead structure or any other obstruction when the car floor is level with the top terminal landing.

Clearance, Top Counterweight. The shortest vertical distance between any part of the counterweight structure and the nearest part of the overhead structure or any other obstruction when the car floor is level with the bottom terminal landing.

Collision Switch. See under Earthquake Protection Devices.

Compensating Rope Sheave Switch. A device which automatically causes the electric power to be removed from the elevator motor and brake when the compensating sheave approaches its upper or lower limit of travel.

Component Rated Pressure. The pressure to which a hydraulic component can be subjected.

Control. The system governing the starting, stopping, direction of motion, acceleration, speed, and retardation of the moving member. See also definition of control motion, control operation, and control system in Section 3 of ASME A17.1-1996.

(A) DC Motor Control. A control system which uses a DC motor to drive the machine.

(1) Generator-Field Control. A system of control which is accomplished by the use of an individual generator for each elevator or dumbwaiter wherein the voltage applied to the driving-machine motor is adjusted by varying the strength and direction of the generator field.

(2) Multivoltage Control. A system of control which is accomplished by impressing successively on the armature of the driving-machine motor a number of substantially fixed voltages such as may be obtained from multicommutator generators common to a group of elevators.

(3) Rheostatic Control. A system of control which is accomplished by varying resistance or reactance, or both, in the armature or field circuit, or both, of the driving-machine motor.

(4) Dual Bridge Thyristor Converter Control. A control system for a DC motor which supplies the armature with variable voltage of either polarity, and is capable of current flow in both directions.

(5) Single Bridge Thyristor Converter Control. A control system for a DC motor which supplies the armature with variable voltage of fixed polarity. The field is reversed to control direction and to cause regeneration.

(B) AC Motor Control. A control system which uses an alternating current motor machine.

(1) Single-Speed Alternating Current Control. A control for a driving-machine induction motor which is arranged to run at a single speed.

(2) Two-Speed Alternating Current Control. A control for a two-speed driving-machine induction motor which is arranged to run at two different synchronous speeds by connecting the motor windings so as to obtain different numbers of poles.

(3) Variable Frequency Control. A control system which changes the magnitude and frequency of the voltage applied to the motor.

(4) Variable Voltage AC Control. A control system for an AC motor which varies the amount and direction of output torque by controlling the magnitude and phase sequence of the voltage to the motor.

(5) Variable Voltage AC, DC Injection Control. A control system for an AC motor which produces retardation torque by injecting a DC current into either a stator winding of the motor or a separate eddy-current brake.

Control, Static. A control system in which control functions are performed by solid state devices.

Controller. A device, or group of devices, which serves to control in some predetermined manner the apparatus to which it is connected. See also definition of controller motion, controller motor, and controller operation in Section 3 of ASME A17.1-1996.

Conveyance. Any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other equipment subject to this chapter.

Conveyor, Reciprocating. See under Material Handling Devices.

Derailment Switch. See under Earthquake Protection Devices.

Designated Level. See Level, Designated.

Designated Attendant. Where elevator operation is controlled from inside the car (attendant service, independent, hospital service, and other similar operations), it shall be considered as being operated by a designated attendant.

Dispatching Device, Elevator Automatic. A device, the principal function of which is to operate a signal in the car to indicate when the car should leave a designated landing, or to actuate its starting mechanism when the car is at a designated landing.

Displacement Switch. A device actuated by the displacement of the counterweight, at any point in the hoistway, to provide a signal that the counterweight has moved from its normal plane of travel or has left its guide rails.

Door or Gate, Car or Hoistway. The sliding portion of the car or the hinged or sliding portion in the hoistway enclosure which closes the opening giving access to the car or to the landing.

(A) Biparting Door. A vertically sliding door, consisting of two or more sections so arranged that the sections or groups of sections open away from each other and so interconnected that all sections operate simultaneously.

(B) Center-Opening Door. A horizontally sliding or horizontally swinging door consisting of two or more sections so arranged that the sections or groups of sections open away from each other. Horizontally sliding center-opening doors are interconnected so that all sections operate simultaneously.

Door or Gate Closer. A device which closes a hoistway door or a car door or gate by means of a spring or by gravity.

Door or Gate, Power-Operated. A hoistway door or a car door or gate which is opened and closed by a door or gate power operator.

Door or Gate Power Operator. A device or assembly of devices which opens a hoistway door or a car door or gate or both by power other than by hand, gravity, springs, or the movement of the car; and which closes them by power other than by hand, gravity, or the movement of the car.

Door or Gate, Self-Closing. A manually opened hoistway door or a car door or gate which closes when released.

Door or Gate, Manually Operated. A door or gate which is opened and closed by hand.

Door or Gate, Semiautomatic. A door or gate which is opened manually and which closes automatically as the car leaves the landing.

Door or Gate, Full Automatic. A door or gate which is opened automatically by the action of the elevator car approaching the landing and closed by gravity as the car leaves the landing.

Doors, Sidewalk. Sidewalk doors are two section center-opening panels hinged to the sidewalk or other approximately horizontal surface that the sidewalk elevator penetrates and that cover or close the entire opening of the hoistway.

Dormant Elevator, Dumbwaiter, or Escalator. An elevator, dumbwaiter, or escalator placed out of service as specified in ASME A17.1-2004 and ASME A18.1-2003.

Dumbwaiter. See under Material Handling Devices.

Undercounter Dumbwaiter. See under Material Handling Devices.

Earthquake Protection Devices. A device or group of devices which serve to regulate the operation of an elevator in a predetermined manner during or after an earthquake, consisting of:

(A) Collision Switch. A device actuated by the car or counterweight to provide information to the control that a collision between the car and the counterweight is imminent.

(B) Derailment Switch. A device actuated by the derailment of the counterweight at any point in the hoistway to provide information to the control that the counterweight has left its guides.

(C) Seismic Switch. A device activated by ground movement to provide information to the control system that a potentially damaging earthquake is imminent.

Elevator. A hoisting and lowering mechanism which moves a car or platform in fixed guides in a substantially vertical direction and which is designed to carry passengers or freight, or both, between two or more fixed landings.

A hoisting mechanism, such as a portable hoist or a tiering machine, used to elevate or lower material between two or more fixed landings and used or fixed in a permanent location will be classed as an elevator.

A hydraulic hoisting mechanism used to elevate or lower material between two or more fixed landings and used or fixed in a permanent location will be classed as an elevator.

Elevators are classified by the following types:

(A) Auxiliary Power Elevator. An auxiliary power elevator is one having a source of mechanical power, such as shafting, in common with other machinery.

(B) Carriage Type Elevator. A carriage type elevator is a hand freight elevator with a platform having no suspension sling frame, but which is raised by cables dropping from winding drums or sheaves over the wellway and connected to the platform at four or more points.

(C) Double Belt Elevator. A double belt elevator is an elevator in which the source of power is connected to the machine by a double belt system employing idling pulleys and a belt shifter, and in which the reversal of direction of the elevator is accomplished by shifting the belts without reversing the prime mover.

(D) Electric Elevator. A power elevator in which the motion of the car is obtained through an electric motor applied to the elevator without an intervening hydraulic system.

(E) Gravity Elevator. An elevator utilizing gravity to move the car.

(F) Hand Elevator. An elevator utilizing manual energy to move the car.

(G) Hand Power Man Platform Elevator. A hand power man platform elevator is a counter balanced car in guides, so arranged that a man on the platform may, by holding the brake in the off position, pull himself and the car up or down by means of a rope secured at the top and bottom of the hoistway.

(H) Hatchway Type Elevator. A hatchway type elevator is an elevator running through floor openings provided with hatch covers, each of which is opened automatically as the car approaches the landing and is closed automatically as the car leaves the landing.

(I) Hydraulic Elevator. A power elevator where the energy is applied by means of liquid under pressure to a cylinder or plunger.

1. Direct-Plunger Elevator. A hydraulic elevator where the cylinder or plunger acts directly on the platform or car frame without intermediate linkage.

2. Hydraulic Maintained-Pressure Elevator. A hydraulic elevator where liquid under pressure is available at all times for transfer into the cylinder.

3. Hydraulic Telescopic Plunger Elevator. A direct-plunger hydraulic elevator having a set of co-axial plungers.

4. Hydro-Electric or Electro-Hydraulic Elevator. A hydraulic elevator where liquid is pumped under pressure directly into the cylinder by a pump driven by an electric motor.

5. Indirect Plunger Elevator. See Roped Hydraulic Elevator.

6. Roped Hydraulic Elevator. a.k.a. “Indirect Plunger Hydraulic Elevator.” A hydraulic elevator having its piston connected to the car with wire ropes.

(J) Inclined Elevator. An elevator which travels at an angle of inclination of 70 degrees or less from the horizontal.

(K) Multideck Elevator. An elevator having two or more compartments located one immediately above the other.

(L) Observation Type Elevator. An observation type elevator is an elevator designed and arranged to travel in a hoistway that is less than fully enclosed. These elevators are typically arranged to provide a view.

(M) Platform Type Elevator. A platform type elevator is an elevator in which the platform is directly supported at three or more points by suspension members which are relied upon to maintain the platform substantially level.

(N) Power Elevator. An elevator utilizing energy other than gravitational or manual to move the car.

(O) Rack and Pinion Elevator. A rack and pinion elevator is an elevator raised and lowered by means of a rack and pinion.

(P) Screw Column Type Elevator. A screw column type elevator is an elevator raised and lowered by means of a threaded nut revolving on a spiral worm or the worm revolving inside the nut or both.

(Q) Single Belt Elevator. A single belt elevator is an elevator in which the prime mover is connected to the machine by a single belt or multiple belt, all parts of which act together, and in which the reversal of direction of the elevator is accomplished by reversing the prime mover.

(R) Steam Elevator. A steam elevator is an elevator in which the motion of the car is obtained from a steam engine directly applied to the elevator machinery.

Elevator, Construction. An elevator, used temporarily during construction, alteration or demolition of buildings or structures, for use by workers or persons connected with or related to the building project.

Elevator, Freight. An elevator used exclusively for carrying freight and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride.

Elevator, Passenger. An elevator used primarily to carry persons.

Elevator, Private Residence. See Elevator, Special Access.

Elevator, Sidewalk. A freight elevator which operates through an area (usually the sidewalk) exterior to the building or structure and floor levels below. The exterior area (sidewalk) is protected by sidewalk doors that are opened by the car as it ascends. Sidewalk elevators without sidewalk doors are permissible (See Section 3075) only where the top landing is at ground level.

Elevator, Special Access. A passenger elevator that is limited in size, capacity, rise, and speed; installed as a means of access for persons with disabilities.

Elevator, Special Purpose Personnel. A special purpose personnel elevator is an elevator for use by authorized personnel and their tools or equipment only, and where location, structure and limited usage are the determining factors.

Elevator, Stairway. See Inclined Stairway Chairlift.

Emergency Stop Switch. See Car Stop Switch.

Entrance, Elevator and Dumbwaiter. The protective assembly which closes the openings in the hoistway enclosure normally used for loading and unloading.

(A) Horizontally Sliding. An entrance in which the panel(s) or door(s) slides horizontally.

(B) Swing. An entrance in which the panel(s) or door(s) swings around vertical hinges.

Entrance Hardware. All components of an entrance exclusive of the frame, door panels, and interlocks, that are necessary to maintain the position of the panels within the assembly.

Entrance Locked Out of Service. An entrance in which the hoistway door is mechanically locked by means other than the interlock to prevent the door being opened from the car side without keys or special equipment.

Escalator or Electric Stairway. A moving, inclined, continuous stairway used for raising or lowering passengers.

(A) Conventional Escalator. An escalator on which the running gear is driven by a single drive shaft at a terminal.

(B) Modular Escalator. An escalator on which the running gear along the incline is driven by one or more drive units.

The following definitions are applicable to escalators only.

1. Balustrade. The side of an escalator extending above the steps. It includes skirt panels, interior panels, decks and handrails.

2. Deck. The transverse members of the balustrade. A high deck is located immediately below the handrail stand. A low deck is located immediately above the skirt panel, having an interior or exterior section, or both.

3. Exterior Escalator Panel. The panel enclosing the exterior side of the balustrade.

4. Interior Escalator Panel. The panel located between the skirt and the handrail stand.

5. Molding. The connecting seams between the various portions of the balustrade.

6. Newel. The balustrade termination at the landing.

7. Newel Base. The panel located immediately under the newel.

8. Skirt. The panels located immediately adjacent to the steps or treadway.

9. Tandem Operation. Escalator used in series with common intermediate landings.

Factor of Safety. The ratio of the ultimate strength to the working stress of a member under maximum static loading, unless otherwise specified in a particular Rule.

Fire Endurance. A measure of the elapsed time during which a material or assembly continues to exhibit fire resistance under specified conditions of test and performance.

Fire Resistance. The property of a material or assembly to withstand fire or give protection from it. As applied to elements of buildings, it is characterized by the ability to confine a fire or to continue to perform a given structural function or both.

Fire-Resistive. Having fire resistance (see definition).

Flat Steps. The distance, expressed in step lengths, that the leading edge of the escalator step travels after emerging from the comb before moving vertically.

Freight Platform Hoist. A freight platform hoist is a freight type hoist having no car enclosure, no hoistway enclosure and a rise of not more than 5 feet (1.52 m) in or adjacent to a loading platform or similar landing and serving two permanent landings.

Gate, Semi-automatic. A gate which is opened manually and which closes automatically as the car leaves the landing.

Governor Pull-Through Tension (Force). The magnitude of the tensile load developed in the moving governor rope after the governor rope-retarding means is actuated.

Governor Rope-Retarding Means. A mechanical means of developing a sufficient force in the governor rope to activate the car or counterweight safeties or to trip the governor rope releasing carrier, where used. Such mechanical means include, but are not limited to, rope-gripping jaws, clutch mechanisms, and traction arrangements.

Gurney Lift. See under Special Access Lifts.

Hand Power Man Platform. See under Elevators.

Hatch, Hatchway. See Hoistway. In early elevator usage a hatch or hatchway was a framed opening in a floor with a hinged or removable cover. Now incorrectly used to describe or designate an elevator hoistway.

Hoistway Access Switch. A switch located at a landing, the function of which is to permit operation of the car with the hoistway door at this landing and the car door or gate open, in order to permit access to the top of the car or to the pit.

Hoistway, Elevator or Dumbwaiter. A shaftway for the travel of one or more elevators or dumbwaiters. It includes the pit and terminates at the underside of the overhead machinery space floor or grating, or at the underside of the roof where there is no machinery over the hoistway.

(A) Blind Hoistway. The portion of a hoistway (shaft) where normal landing entrances are not provided.

(B) Multiple Hoistway. A hoistway (shaft) with more than one elevator, dumbwaiter, or material lift.

Hoistway Enclosure. A fixed structure, consisting of vertical walls or partitions, which isolates the hoistway from all other parts of the building or from an adjacent hoistway and in which the hoistway doors and door assemblies are installed.

Hoistway Door or Gate Locking Device. See hoistway door interlock or contact lock.

Hoistway Unit System. A series of hoistway door interlocks, hoistway door electric contacts, or hoistway door combination mechanical locks and electric contacts, or a combination thereof, the function of which is to prevent operation of the driving machine by the normal operating device unless all hoistway doors are in the closed position and, where so required by these regulations, are locked in the closed position.

(A) Hoistway Door Interlock. A device having two related and interdependent functions which prevent the operation of the driving machine by the normal operating device unless the hoistway door is locked in the closed position, and prevent the opening of the hoistway door from the landing side unless the car is within the landing zone and is either stopped or being stopped.

(B) Contact Lock or Combination Mechanical Lock and Electric Contact. A combination mechanical and electrical device the two related, but entirely independent, functions of which prevent operation of the driving machine by the normal operating device unless the hoistway gate is in the closed position, and lock the hoistway gate in the closed position and prevent it from being opened from the landing side unless the car is within the landing zone.

Hoistway Door or Gate Electric Contact. An electrical device, the function of which is to prevent operation of the driving machine by the normal operating device unless the hoistway door is in the closed position.

Hoistway Gate Separate Mechanical Lock. A mechanical device, the function of which is to lock a hoistway gate in the closed position after the car leaves a landing and prevent the gate from being opened from the landing side unless the car is within the landing zone.

Hoistway Door Interlock Retiring Cam Device. A hoistway door interlock retiring cam is a device which actuates the locking mechanism of a type of hoistway door interlock by the action of a retractable cam.

Idler Sheave: A grooved sheave used to guide or apply tension to a rope or cord.

Inclined Lift. See Inclined Elevator under Elevator.

Inclined Stairway Chairlift. a.k.a. “Stairway Elevator.” See under Special Access Lifts.

Inclined Wheelchair Lift. See under Special Access Lifts.

Jamb. Any one of the three members constituting an elevator entrance frame, head jamb, strike jamb, and return jamb.

Kinetic Energy. The kind of energy a body has by virtue of its motion.

L. C. means the California Labor Code.

Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of an independent certifying organization concerned with product evaluation, that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.

Landing, Elevator. That portion of a floor, balcony, or platform used to receive and discharge passengers or freight. Although the vertical level is normally fixed, there are instances where the landing is arranged to vary vertically to satisfy given conditions.

Landing, Bottom Terminal. The lowest landing served by the elevator which is equipped with a hoistway door and hoistway door locking device which permits egress from the hoistway side.

Landing, Top Terminal. The highest landing served by the elevator which is equipped with a hoistway door and hoistway door locking device which permits egress from the hoistway side.

Landing, Unenclosed. A landing which is open to the atmosphere or is open to an interior court of a building.

Landing, Escalator or Moving Walk. The stationary area at the entrance to or exit from an escalator, a moving walk, or moving walk system.

Landing Zone. A zone extending from a point 18 in. (457 mm) below an elevator or material lift landing to a point 18 in. (457 mm) above the landing.

Level, Alternate. The floor or landing selected as the one to which the elevator(s) are to be dispatched by activation of the sensing device permitted by section 3041(c)(1)(B)(2).

Level, Designated. The floor or landing selected as the one to which the elevator(s) are to be dispatched by the on position of the switch required by section 3041(c)(1)(A) and the landing where the switch is intended to be located.

Leveling Device, Elevator Car. Any mechanism which will either automatically or under control of the operator move the car within the leveling zone toward the landing only, and automatically stop it at the landing.

Leveling Device, One-Way Automatic. A device which corrects the car level only in case of under-run of the car but will not maintain the level during loading and unloading.

Leveling Device, Two-Way Automatic Maintaining. A device which corrects the car level on both under-run and over-run and maintains the level during loading and unloading.

Leveling Device, Two-Way Automatic Nonmaintaining. A device which corrects the car level on both under-run and over-run but will not maintain the level during loading and unloading.

Leveling Zone. The limited distance above or below an elevator landing within which the leveling device may cause movement of the car toward the landing independently of the hoistway door interlock or car door or gate contact.

Listed. Equipment or materials included in a list published by an independent certifying organization concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials and whose listing states whether that equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.

Machine and Control Rooms, Remote. Rooms that do not share a common wall, floor, or ceiling with the hoistway.

Machine, Driving. The power unit which applies the energy necessary to raise and lower an elevator or dumbwaiter car or to drive an escalator, moving walk, or an inclined lift.

(A) Chain-Drive Machine. An indirect-drive machine having a chain as the connecting means.

(B) Direct-Drive Machine. An electric driving machine, the motor of which is directly connected mechanically to the driving sheave, drum, or shaft without the use of belts or chain, either with or without intermediate gears.

(C) Electric Driving Machine. One where the energy is applied by an electric motor. It includes the motor and brake and the driving sheave or drum, together with its connecting gearing, belt or chain, if any.

(D) Geared-Drive Machine. A direct drive machine in which the energy is transmitted from the motor to the driving sheave, drum, or shaft through gearing.

(E) Hydraulic Driving Machine. One in which the energy is applied by means of a liquid under pressure to a cylinder equipped with a plunger or piston.

(F) Hydroelectric Driving Machine. One in which the liquid is pumped under pressure directly into the cylinder by a pump driven by an electric motor without an intervening accumulator between the pump and the cylinder.

(G) Direct Plunger Driving Machine. A hydraulic driving machine in which the plunger or cylinder is directly attached to the car frame or platform.

(H) Indirect-Drive Machine. An electric driving machine, the motor of which is connected indirectly to the drive sheave, drum, or shaft by means of a belt or chain through intermediate gears.

(I) Rack and Pinion Driving Machine. An electric driving machine in which the motion of the car is obtained by power-driven rotating pinion(s) mounted on the car, traveling on a stationary rack mounted in the hoistway.

(J) Roped Hydraulic Driving Machine. One in which the energy is applied by a piston connected to the car with wire ropes, which operates in a cylinder under hydraulic pressure. It includes the cylinder, the piston, and multiplying sheaves, if any, and their guides.

(K) Screw Machine. An electric driving machine, the motor of which drives a nut on a vertical screw or rotates a vertical screw to raise or lower an elevator car.

(L) Traction Machine. A direct-drive machine in which the motion of the car is obtained through friction between the suspension ropes and a traction sheave.

1. Geared-Traction Machine. A geared-drive traction machine.

2. Gearless-Traction Machine. A traction machine, without intermediate gearing, which has the traction sheave and the brake drum mounted directly on the motor shaft.

(M) Winding-Drum Machine. A geared-drive machine in which the hoisting ropes are fastened to and wind on a drum.

(N) Worm-Geared Machine. A direct-drive machine in which the energy from the motor is transmitted to the driving sheave or drum through worm gearing.

Main Floor. The floor providing normal egress from the building.

Maintenance. A process of routine examination, lubrication, cleaning, adjustment, and replacement of parts for the purpose of ensuring performance in accordance with the applicable Code requirements.

Manlift. A device consisting of a power driven endless belt moving in one direction only, and provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor.

Manlift, Handhold (handgrip). A handhold is a device attached to a belt which can be grasped by the passenger to provide a means of maintaining balance.

(A) Open type. One which has a handgrip surface fully exposed and capable of being encircled by the passenger's fingers.

(B) Closed type. A cup-shaped device, open at the top in the direction of travel of the step for which it is to be used, and closed at the bottom, into which the passenger may place his fingers.

Manlift, Limit switch. A device the purpose of which is to cut off the power to the motor and apply the brake to stop the carrier in the event that a loaded step passes the terminal landing.

Manlift, Rated speed. Rated speed is the speed for which the device is designed and installed.

Manlift, Split-rail switch. An electric limit switch operated mechanically by the rollers on the manlift steps. It consists of an additional hinged or “split” rail, mounted on the regular guide rail, over which the step rollers pass. It is spring loaded in the “split” position. If the step supports no load, the rollers will “bump” over the switch; if a loaded step should pass over the section, the split rail will be forced straight, tripping the switch and opening the electrical circuit.

Manlift, Step (platform). A step is a passenger carrying unit.

Manlift, Travel. The travel is the distance between the centers of the top and bottom pulleys.

Manual Reset, Escalator and Moving Walk. A means, not accessible to the general public, requiring personal intervention by an authorized person prior to restarting the escalator or moving walk.

Masonry. Build-up construction or combination of buildings units or materials of clay, shale, concrete, glass, gypsum, stone, or other approved units bonded together with mortar or monolithic concrete. Reinforced concrete is not classed as masonry.

Material Handling Devices. A hoisting or lowering mechanism which moves a car or platform in guides between two or more fixed landings and which is designed to carry inanimate objects only. Material Handling Devices are classified by the following types:

(A) Dumbwaiter. A dumbwaiter is an elevator, the floor area of which does not exceed 9 square feet, whose total inside height, whether or not provided with fixed or removable shelves, does not exceed 4 feet, the capacity of which does not exceed 500 pounds, and which is used exclusively for carrying materials.

1. Undercounter Dumbwaiter. One which has its top terminal landing located underneath a counter and which serves only this landing and the bottom terminal landing.

(B) Material Lift. A hoisting and lowering mechanism which would normally be classified as an elevator but with modifications to adapt it for the automatic movement of material by means of an integrally mounted automatic transfer device.

1. Automatic Transfer Device. A mechanism which automatically moves a load consisting of a cart, tote box, pallet, wheeled vehicle, box or similar object to and from the platform of the lift.

2. Restricted Area (Applicable to article 12.1). An area through which the loads carried by the material lift travel by automatic means. The area shall extend in front of the entrance to the lift a distance not less than that equal to the length of the load plus 4 feet and separated from the unrestricted area by a standard guardrail or equivalent barrier. The end of the restricted area where not guarded shall be marked with a yellow line on the floor.

3. Car, Material Lift. The load carrying unit including the car frame, enclosure and transfer device.

(C) Reciprocating Conveyor. A conveyor where the carrier pusher moves forward and back, or up and down in the same place.

1. Inclined Reciprocating Conveyer. A reciprocating power or gravity actuated unit (not designed to carry passengers or an operator) that receives only inanimate objects on a carrier. These units operate on inclines generally in the range of 30 deg. to 70 deg. from the horizontal.

2. Vertical Reciprocating Conveyor. A reciprocating power or gravity actuated unit (not designed to carry passengers or an operator) that receives only inanimate objects on a carrier and transmits these objects vertically from one elevation to another.

(D) The following definitions are applicable to conveyors only.

1. Actuator--A device that initiates the action of controls or controllers and is manually operated. The actuator may be a push button, toggle switch, foot pedal, hand lever, hand set timer, or any other device that performs the described function.

2. Carrier

a. A device attached to or hung from trolleys to support the load.

b. The receptacle in which objects are placed for transmittal through a conveying system.

c. The moving part of a vertical or inclined reciprocating conveyor that supports the load.

3. Control(s)--The system governing the starting, stopping, direction of motion, acceleration, speed, retardation, identification, and function of the moving member in a predetermined manner.

4. Controller--An electromechanical device or assembly of devices for starting, stopping, accelerating, or decelerating a drive, or serving to govern in some predetermined manner the power delivered to the drive.

5. Drive--An assembly of the necessary structural, mechanical, and electrical parts that provide the motive power for a conveyer.

6. Emergency Stop--A stop arising from a sudden and unexpected need, and not as a part of the normal operation.

7. Emergency Stop Device--A device that must be actuated in an emergency situation to stop a conveyor.

8. Enclosed--Describes guarding of moving parts in such a manner that physical contact by parts of the body is precluded as long as the guard remains in place. The guarding may make use of hinged, sliding, or removable doors for inspection or lubrication.

9. Guard--A covering or barricade to prevent entry into operating components such as gear, chain, and nip guards; a structure mounted below an overhead mounted conveyor to protect personnel from falling materials.

10. Guarded--Shielded, fenced, enclosed, or otherwise protected by means of suitable enclosure, covers, casing, shields, troughs, railings, or by nature of location so as to reduce foreseeable risk of personal injury.

11. Guarded By Location--Describes moving parts so protected by their remoteness from the floor, platform, walkway, or other working level, or by their location with reference to frame, foundation, or structure as to reduce the foreseeable risk of accidental contact by persons or objects. Remoteness from foreseeable, regular, or frequent presence of public or employed personnel may in reasonable circumstance constitute guarding by location.

12. Nip Point--A point at which a machine element moving in line meets a rotating element in such a manner that it is possible to nip, pinch, squeeze, or entrap a person or objects coming into contact with one of the two members. The same definition holds for the similar point with respect to two rotating parts or two converging parts in linear movement.

13. Operator's Station--Location at which actuators are placed for the purpose of starting, stopping, reversing, or otherwise controlling the conveyor or system of conveyors in the course of normal operation.

14. Overload Device--A mechanical or electrical device designed to disconnect the driven equipment from the driving equipment in event of an overload on the conveyor.

15. Qualified Person--A person who, by profession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has successfully demonstrated his ability to solve problems relating to the subject matter and work.

16. Rated Capacity--Rated capacity shall mean the capacity at the rated speed, as established by the manufacturer or a qualified person, at which safe and satisfactory service can be expected.

17. Rated Speed--Rated speed shall mean the speed of the conveyor, as established by the manufacturer or a qualified person, at which safe and satisfactory service can be expected.

18. Remote Control--Any system of controls in which the actuator is situated in a remote location.

19. Remote Location--Any location, with respect to the conveyor, from which the presence or position of personnel relative to the conveyor cannot be readily determined from the operator's station.

20. Safety Device--A mechanism or an arrangement placed in use for the specific purposes of preventing an unsafe condition, preventing the continuation of an unsafe condition, warning of an unsafe condition, or limiting or eliminating the unsafe effects of a possible condition.

21. Walkway--An elevated passageway for persons above the surrounding floor or ground level. Included in this definition are catwalks, footwalks, runways, and elevated walkways.

(E) Operation, Material Handling Device. Operation of a material handling device shall mean the loading, unloading and actuation of the control.

(F) Operator, Material Handling Device. The operator of a material handling device shall mean the individual trained in safe operation of the particular device.

Material Lift. See under Material Handling Devices.

May. The term “may” where used shall be construed as permissive.

Modernization. See alteration, maintenance, repair, and replacement.

Module. The increment of rise in a modular escalator that one drive unit is capable of powering.

Moving Walk. A type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.

Moving Walks are classified by the following types:

(A) Belt Type. A moving walk with a power driven continuous belt treadway.

(B) Belt Pallet Type. A moving walk with a series of connected and power driven pallets to which a continuous belt treadway is fastened.

(D) Pallet Type. A moving walk with a series of connected and power driven pallets which together constitute the treadway.

(E) Roller-Bed Type. A moving walk with the treadway supported throughout its width by a succession of rollers.

(F) Slider-Bed Type. A moving walk with the treadway sliding upon a supporting surface.

Next Available Landing. The first landing, in the direction of travel, that the elevator is electrically and mechanically capable of serving during the program in effect.

Nonstop Switch, Elevator. A switch which, when operated, will prevent the elevator from making registered landing stops.

Non-Interference. A feature of an elevator which gives preference to a passenger on the elevator for direction of travel and of the stops, over passengers waiting at the landings.

Operating Device. The car switch, pushbutton, lever, key, or toggle switches, or other manual device used to actuate the control.

Operation. The method of actuating the control.

(A) Automatic Operation. Operation wherein the starting of the elevator car is effected in response to the momentary actuation of operating devices at the landing, or of operating devices in the car identified with the landings, or in response to an automatic starting mechanism, and wherein the car is stopped automatically at the landings.

1. Group Automatic Operation. Automatic operation of two or more nonattendant elevators equipped with power-operated car and hoistway doors. The operation of the cars is coordinated by a supervisory control system, including automatic dispatching means, whereby selected cars at designated dispatching points automatically close their doors and proceed on their trips in a regulated manner. It includes one button in each car for each landing served and up-and-down buttons at each landing (single buttons at terminal landings). The stops set up by the momentary actuation of the car buttons are made automatically in succession as a car reaches the corresponding landings irrespective of its direction of travel or the sequence in which the buttons are actuated. The stops set up by the momentary actuation of the landing buttons may be accomplished by any elevator in the group, and are made automatically by the first available car that approaches the landing in the corresponding direction.

2. Nonselective Collective Automatic Operation. Automatic operation by means of one button in the car for each landing level served and one button at each landing, wherein all stops registered by the momentary actuation of landing or car buttons are made irrespective of the number of buttons actuated or of the sequence in which the buttons are actuated. With this type of operation the car stops at all landings for which buttons have been actuated, making the stops in the order in which the landings are reached after the buttons have been actuated, but irrespective of its direction of travel.

3. Selective Collective Automatic Operation. Automatic operation by means of one button in the car for each landing level served and by up-and-down buttons at the landings, wherein all stops registered by the momentary actuation of the car buttons are made as defined under nonselective collective automatic operation, but wherein the stops registered by the momentary actuation of the landing buttons are made in the order in which the landings are reached in each direction of travel after the buttons have been actuated. With this type of operation, all “up” landing calls are answered when the car is traveling in the up direction and all “down” landing calls are answered when the car is traveling in the down direction.

4. Single Automatic Operation. Automatic operation by means of one button in the car for each landing level served and one button at each landing, so arranged that if any car or landing button has been actuated, the actuation of any other car or landing operating button will have no effect on the operation of the car until the response of the first button has been completed.

(B) Call and Send Operation. Operation in which buttons are provided at the landings both for calling the elevator to that landing or for dispatching the elevator to other landings.

(C) Car-Switch Operation. Operation wherein the movement and direction of travel of the car are directly and solely under the control of the operator by means of a manually operated car switch or of continuous-pressure buttons in the car.

(D) Car-Switch Automatic Floor-Stop Operation. Operation in which the stop is initiated by the operator from within the car with a definite reference to the landing at which it is desired to stop, after which the slowing down and stopping of the elevator is effected automatically.

(E) Continuous-Pressure Operation. Operation by means of buttons or switches in the car and at the landings, any one of which may be used to control the movement of the car as long as the button or switch is manually maintained in the actuating position.

(F) Preregister Operation. Operation in which signals to stop are registered in advance by buttons in the car and at the landings. At the proper point in the car travel, the operator in the car is notified by a signal (visual, audible, or otherwise) to initiate the stop, after which the landing stop is automatic.

(G) Signal Operation. Operation by means of single buttons or switches, or both, in the car, and up-or-down direction buttons, or both, at the landings, by which predetermined landing stops may be set up or registered for an elevator or for a group of elevators. The stops set up by momentary actuation of the car buttons are made automatically in succession as the car reaches those landings, irrespective of its direction of travel or the sequence in which the buttons are actuated. The stops set up by the momentary actuation of the up-and-down buttons at the landing are made automatically by the first available car in the group approaching the landing in the corresponding direction, irrespective of the sequence in which the buttons are actuated. With this type of operation, the car can be started only by means of a starting switch or button in the car.

Operation, Inspection. A special case of continuous-pressure operation used for troubleshooting, maintenance, repair, adjustment, rescue, and inspection.

Overhead Structure. All of the structural members, platforms, etc., supporting the elevator machinery, sheaves, and equipment at the top of the hoistway.

Pallet, Moving Walk. One of a series of rigid platforms which together form an articulated treadway or the support for a continuous treadway.

Parking Device, Elevator. An electrical or mechanical device, the function of which is to permit the opening from the landing side of the hoistway door at any landing when the car is within the landing zone of that landing. The device may also be used to close the door.

Penetrate a Floor. To pass through or pierce a floor in such a way that the opening has a continuous perimeter and is provided only to allow the equipment to pass through the floor.

Periodic Inspection. Annual re-inspection of conveyances covered by this chapter.

Phase I Emergency Recall Operation. The operation of an elevator wherein it is automatically or manually recalled to a specific landing and removed from normal service because of activation of firefighters' service.

Phase II Emergency In-car Operation. The operation of an elevator by firefighters where the operation of the elevator is under their control.

Piston. Short cylindrical member which is provided with a sealing means which travels with the member within a hydraulic cylinder. Pistons may be coupled to the elevator by a coupling means which passes through a sealing means provided in the cylinder head.

Pit, Elevator. That portion of a hoistway extending from the threshold level of the lowest landing door to the floor at the bottom of the hoistway.

Platform Guard. A smooth metal panel extending below the car sill which eliminates the opening below the platform when the elevator is above the landing and in the leveling zone.

Plunger (Ram). A long cylindrical compression member which is directly or indirectly coupled to the car frame. This member is not provided with a sealing means. Where used in assembly with a cylinder, the sealing means is provided on the cylinder head. In the case of telescopic plungers and cylinders, a sealing means may be used in the moving plunger which is also a cylinder.

Position Indicator. A device that indicates the position of the elevator car in the hoistway. It is called a hall position indicator when placed at a landing, or a car position indicator when placed in the car.

Rated Load. The load which the elevator, dumbwaiter, escalator, moving walk, or inclined lift is designed and installed to lift or move at the rated speed.

Rated Speed. The speed at which the elevator, dumbwaiter, escalator, moving walk, manlift, or inclined lift is designed to operate under the following conditions:

1. Elevator or Dumbwaiter. The speed in the “up” direction with rated load in the car.

2. Escalator, Moving Walk, or Inclined Lift. The rate of travel of the steps, treadway, or carriage, measured along the angle of inclination, with rated load on the steps or carriage. In the case of a reversible escalator, the rated speed shall be the rate of travel of the steps in the “up” direction, measured along the angle of inclination, with rated load on the steps.

Recycling Operation, Telescopic Plunger. An operation for restoring the relative vertical positions of the multiple plungers in a telescoping plunger arrangement.

Rehabilitation. See alteration, maintenance, repair, and replacement.

Re-inspection. See periodic inspection.

Releasing Carrier, Governor Rope. A mechanical device to which the governor rope may be fastened, calibrated to control the activation of a safety at a predetermined tripping force.

Repairs. The word “repairs” where used herein shall mean only such work as is necessary to maintain present equipment in a safe and serviceable condition and to adjust or replace defective, broken, or worn parts with parts made of equivalent material, strength, and design, and where the replacing part performs the same function as the replaced part.

Replacement. The substitution of a device or component in its entirety with a new unit that is basically the same as the original for the purpose of ensuring performance in accordance with applicable Code requirements.

Restricted Area (Applicable to article 12.1). See under Material Handling Devices.

Rope, Car-Counterweight. Wire rope which does not pass over the driving means used to connect the car and counterweight.

Rope, Compensating. Wire rope used to counterbalance, or partially counterbalance, the weight of the suspension ropes.

Rope, Counterweight. Wire rope used to raise and lower the counterweight on an electric elevator having a winding drum machine or a hydraulic elevator equipped with a counterweight.

Rope, Governor. Wire rope with at least one end fastened to the safety activating means or governor rope releasing carrier, passing over and driving the governor sheave, and providing continuous information on the speed and direction of the car or counterweight.

Rope Suspension (Hoisting). Wire rope used to raise and lower an elevator car or its counterweight, or both.

Rope Equalizer, Suspension. A device installed on an elevator car or counterweight to equalize automatically the tensions in the hoisting wire ropes.

Rope-Fastening Device, Auxiliary. A device attached to the car or counterweight or to the overhead dead-end rope-hitch support which will function automatically to support the car or counterweight in case the regular wire rope fastening fails at the point of connection to the car or counterweight or at the overhead dead-end hitch.

Rope Sprocket Drive. A driving means consisting of wire rope with fixed links at constant intervals throughout its length. The links engage in slots on a grooved drive cog to provide a positive drive force.

Runby, Bottom Elevator Car. The distance between the car buffer striker plate and the striking surface of the car buffer when the car floor is level with the bottom terminal landing.

Runby, Bottom Elevator Counterweight. The distance between the counterweight buffer striker plate and the striking surface of the counterweight buffer when the car floor is level with the top terminal landing.

Runby, Top, Direct-Plunger Hydraulic Elevator. The distance the elevator car can run above its top terminal landing before the plunger strikes its mechanical stop.

Safety Bulkhead. A closure at the bottom of the cylinder located above the cylinder head and provided with an orifice for controlling the loss of fluid in the event of cylinder head failure.

Safety, Car or Counterweight. A mechanical device attached to the car frame or to an auxiliary frame, or to the counterweight frame, to stop and hold the car or counterweight in case of predetermined overspeed or free fall, or if the hoisting ropes slacken.

Screw Column. A vertical structural member provided with screw threads which supports the car of a screw column elevator. The screw column may be either in tension or compression.

Seismic Switch. See under Earthquake Protection Devices.

Shaft, Shaftway. See Hoistway.

Shall. The term “shall” where used shall be construed as mandatory.

Should. The term “should” where used shall be construed as advisory.

Sight Guard. A vertical member mounted on the hoistway side, leading edge of the hoistway door. It is used to reduce the opening between the leading edges of the hoistway door and the car door.

Signal Device, Elevator Car Flash. A device providing a signal light in the car, which is illuminated when the car approaches the landings at which a landing signal registering device has been actuated.

Signal Registering Device, Elevator Landing. A button or other device located at the elevator landing which when actuated by a waiting passenger, causes a stop signal to be registered by the car.

Signal System, Elevator Separate. A system consisting of buttons or other devices located at the landings which, when actuated by a waiting passenger, illuminate a flash signal or operate an annunciator in the car indicating floors at which stops are to be made.

Signal Transfer Device, Elevator Automatic. A device by means of which a signal registered in a car is automatically transferred to the next car following, in case the first car passes a floor for which a signal has been registered without making a stop.

Signal Transfer Switch, Elevator. A manually operated switch, located in the car, by means of which the operator can transfer a signal to the next car approaching in the same direction, when the operator desires to pass a floor at which a signal has been registered.

Slack-Rope Switch. A device which automatically causes the electric power to be removed from the elevator driving-machine motor and brake when the hoisting ropes of a winding-drum machine become slack.

Sleeving (Liner). The insertion of a smaller-diameter cylinder inside the existing cylinder of a hydraulic driving machine.

Slope, Moving Walk. The angle which the treadway makes with the horizontal.

Solid State Device. An element that can control current without moving parts.

Speed Governor (Governor). A continuous operating speed monitoring and detection device that at predetermined speeds, provides signals to the controller and imparts a retarding force to activate the car or counterweight safety.

Starter's Control Panel, Elevator. An assembly of devices by means of which the starter may control the manner in which an elevator or group of elevators function.

Special Access Lifts.

(A) Inclined Stairway Chairlift. a.k.a. “Stairway Elevator.” An inclined stairway chairlift is a seat(s) or chair(s) that travels on a stairway.

(B) Gurney Lift. A gurney lift is a hoisting and lowering mechanism, for use by a person(s) in a gurney, stretcher or similar device and an attendant(s) and possibly a support system. It consists of a platform with a minimal enclosure that moves through a fixed course either vertically or on an incline, and is used or fixed in a permanent location. The Division shall determine the specific lifts which are gurney lifts, for the purpose of these orders. This determination shall apply equally to all similar or identical lifts used in a similar manner.

(C) Platform (Wheelchair) Lift. A wheelchair lift is a hoisting and lowering mechanism for use by a person unable to use stairs. It consists of a platform with a minimal enclosure that moves through a fixed course either vertically or on an incline (which is often a stairway), and is used or fixed in a permanent location. The Division shall determine the specific lifts which are wheelchair lifts, for the purpose of these orders. This determination shall apply equally to all similar or identical lifts used in a similar or identical manner.

1. Inclined Platform (Wheelchair) Lift. An inclined wheelchair lift is a wheelchair lift designed to operate on an incline which is often a stairway.

2. Vertical Platform (Wheelchair) Lift. A vertical wheelchair lift is a wheelchair lift designed to operate vertically.

(D) The following definitions are applicable to Special Access Lift only.

1. Runway. For stairway chairlifts and wheelchair lifts, the space in which the car, platform, or seat moves.

2. Side Guard. The panels on the sides of the wheelchair lift platform not used for entrance. They are usually 42 in. (1.067m) high and are a form of car enclosure.

3. Toe Guard. Toe guard refers to the panels extending below the platform. They eliminate all accessible areas under the platform when it is above the lower landing. It may be a telescoping-type device.

Stage Lift. A stage lift is a hoisting and lowering mechanism with a platform that at some elevation is a stage or a part of a stage, such as an orchestra pit. The Division shall determine the specific lifts which are stage lifts, for the purpose of these orders. This determination shall apply equally to all similar or identical lifts used in a similar or identical manner.

Static Switching. Switching of circuits by means of solid state devices.

Stopping Devices, Normal. The automatic device used to actuate the control to slow and stop an elevator or dumbwaiter car at any landing.

Stopping Device, Elevator Landing. A button or other device located at an elevator landing which when activated causes the elevator car to stop at that floor.

Supply Piping. The piping for a hydraulic elevator between the control valves and the driving member of the driving machine.

Terminal Speed Limiting Device, Emergency. A device which automatically reduces the speed as a car approaches a terminal landing, independently of the functioning of the operating device, and the normal terminal stopping device, if the latter fails to slow down the car as intended.

Terminal Stopping Device, Emergency. A device which automatically causes the power to be removed from the electric elevator driving machine motor and brake, or from a hydraulic elevator machine, at a predetermined distance from the terminal landing, and independently of the functioning of the normal stopping device, the operating device and normal terminal stopping device, if the normal terminal stopping device does not slow down the car as intended.

Terminal Stopping Device, Final. A device which automatically causes the power to be removed from an electric elevator or dumbwaiter driving machine motor and brake, or from a hydraulic elevator or dumbwaiter machine, independently of the functioning of the normal terminal stopping device, the normal stopping device, the operating device, or any emergency terminal stopping device, after the car has passed a terminal landing.

Terminal Stopping Device, Machine Final. A final terminal stopping device operated directly by the driving machine.

Terminal Stopping Device, Normal. A device or devices used to slow down and stop an elevator or dumbwaiter car automatically at or near a terminal landing independently of the functioning of the normal stopping device or the operating device. The device includes the terminal stopping switch, together with such terminal slow-down switches necessary to stop the car at or near the terminal landing.

Threshold Comb, Moving Walk. The toothed portion of a threshold plate designed to mesh with a grooved treadway surface.

Threshold Plate, Moving Walk. That portion of the landing adjacent to the treadway consisting of one or more stationary or slightly movable plates.

Transom. A panel or panels used to close a hoistway enclosure opening above a hoistway entrance.

Travel or Rise. The vertical distance between the bottom terminal landing and the top terminal landing of an elevator, dumbwaiter, escalator, and inclined lift.

Traveling Cable. A cable made up of electric conductors which provides electrical connection between an elevator or dumbwaiter car and a fixed connection in the hoistway.

Treadway, Moving Walk. The passenger-carrying member of a moving walk.

Truck-Zoning Device, Elevator. A device which will permit the operator in the car to move a freight elevator within the truck zone with the car door or gate and a hoistway door or gate open.

Truck Zone, Elevator. The limited distance above an elevator landing within which the truck zoning device permits movement of the elevator car.

Unlocking Zone. A zone extending from the landing floor level to a point not less than 3 in. (76 mm) nor more than 18 in. (457 mm) above or below the landing.

U-Groove. A shape of groove used on the drive sheave of a double wrap traction machine, approximately a semicircle, with a radius approximately equal to the diameter of the hoist rope.

Undercutting. A process of removing, by sawing or scraping, part of the mica until it is below the surface of the copper of a commutator.

Undercut U-Groove. A modified V-groove which has the lower sides cut in the shape of a U.

Valley Break. A broken wire in a wire rope in which the outside wire of a strand breaks in the immediate vicinity of the point where it contacts a wire or wires of an adjacent strand, generally at a point not visible when the wire rope is examined externally. One end of the broken wire is long enough to reach from one valley to the next one and the other end of the broken wire generally cannot be seen.

Vane. (1) A thin piece of metal attached to a stationary structure in the hoistway to provide the actuating part of a magnetically operated switch assembly mounted on the car. These switches are used to perform several functions.

(2) A device mounted on a car door panel to transmit door operating power to the hoistway door.

Volatile Memory. Memory lost when operating power is removed.

V-Groove. One form of traction sheave groove which is contoured in the shape of a straight-sided, flat bottom V.

Vision Panel. A small glass panel located in entrance doors to permit the passengers or attendant to see when the car has reached the landing.

Waiting-Passenger Indicator. An indicator which shows at which landings and for which direction elevator hall stop-or-signal calls have been registered and are unanswered.

Weatherproof. So constructed or protected that exposure to the weather will not interfere with its successful operation.

Width, Moving Walk. The exposed width of the treadway.

Window. An assembly consisting of a surrounding frame and one or more sashes, ventilators, or fixed lights, or a combination of these, designed to be installed in a wall opening for the purpose of admitting light or air or both.

Working Pressure. The pressure measured at the cylinder of a hydraulic elevator when lifting car and its rated load at rated speed, or, with Class C-2 loading when leveling up with maximum static load.

Yield Strength. The tensile stress that is sufficient to produce a permanent deformation of 0.2%.

(Title 24, Part 7, Section 7-3009)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1). For prior history, see Register 75, No. 36; 76, No. 22; 76, No. 48; 77, No. 26; and 78, No. 30.

2. Amendment of subsection (b) filed 9-29-82; effective thirtieth day thereafter (Register 82, No. 40).

3. Amendment filed 5-23-88; operative 6-22-88 (Register 88, No. 22).

4. Change without regulatory effect filed 8-16-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 42).

5. Editorial correction of printing errors in subsection (b) (Register 91, No. 42).

6. Amendment of subsection (C) and Reference citation added; filed 7-1-91; operative 7-31-91 (Register 91, No. 43).

7. Change without regulatory effect amending definition of “Earthquake Protection Devices” (subsection (C)) and relocating definitions of “May” and “Material Lift” filed 8-3-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 32).

8. Amendment of section and Note filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

9. Amendment of definition ``Elevator, Private Residence” and new definition ``Elevator, Special Access” filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

10. Amendment adding definitions of “Automated People Mover,” “Certified Competent Conveyance Inspector,” “Certified Competent Conveyance Mechanic,” “Certified Qualified Conveyance Company,” “Conveyance,” “Dormant Elevator, Dumbwaiter or Escalator,” “Periodic Inspection” and “Re-inspection” and amending definition of “Speed Governor” and Note filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Group II. Elevator Installations for Which the Installation Contract Was Signed Before October 25, 1998

Italicized paragraphs, sentences, or phrases apply to all existing elevators while non-italicized apply to elevators installed after 1970 or after the date the regulation was adopted.

Article 7. Hoistways, Hoistway Enclosures, and Related Construction for Power Cable-Driven Passenger and Freight Elevators

SCOPE

This Article applies to electric cabled elevators of a conventional type and to other types of elevators or lifts only as referenced in their respective Articles.

§3010. Construction of Hoistways and Hoistway Enclosures.

Note • History

The hoistway enclosure shall be building walls, ceiling materials, and fireproofing conforming to governing building codes. The regulations included in this section establish minimum standards for hoistway enclosures. These regulations are not intended to supersede applicable local building codes establishing higher standards.

(a) Enclosures of Hoistways.

(1) All sides of elevator hoistways on new installations shall be fully and permanently enclosed except for the necessary entrances.

Exception to subsection 3010(a)(1):

Observation elevators which comply with applicable requirements of Sections listed in Design Section 3113(a).

(A) Glass used in hoistways or as part of the hoistway enclosure shall be laminated glass conforming to the requirements of ANSI Z97.1.

(2) All sides of existing elevator hoistways shall be permanently enclosed, except for the necessary entrances, to a height of not less than 6 ft. (1.83 m) above each floor and shall also conform to the following:

(A) The enclosure shall extend from the floor to the ceiling on the counterweight portion, which shall extend at least 6 in. (152 mm) each side of the counterweight, and from the floor to the ceiling on the entrance side, except for the necessary entrance.

(B) The maximum height of the entrance on elevators without car gates will be the height of the car crosshead or 10 ft. (3.05 m) for elevators without a crosshead. Above this height, the front of the hoistway shall be enclosed.

(C) Where material is stored on any side of the hoistway, the hoistway enclosure on that side shall extend to the ceiling or at least 6 ft. (1.83 m) above the stored material.

(3) Enclosures shall be building walls, solid fixed partitions, metal grating, wood, or grillwork. Where grillwork is used, the wire shall be not less than No. 10 W & M gage steel wire, 0.135 in (3.4 mm) diameter.

(4) The openings in grillwork or between vertical boards shall reject a 2 in. (51 mm) ball. Vertical slots exceeding 1 in. (25 mm) in width shall not exceed 24 in. (610 mm) in length.

(5) When moving parts within the hoistway, including sliding doors, are closer than 4 in. (102 mm) from the outside face of the enclosure, the openings in the grillwork or between vertical boards or bars shall not exceed 1/2 in. (13 mm) in width or length.

A combination of steel bars or vertical boards, spaced as specified in Section 3010(a)(4), covered with hardware cloth or of grillwork covered with hardware cloth may be used for such enclosures.

(6) The hoistway enclosure of observation elevators shall comply with the following:

(A) The hoistway enclosure on the side facing a car entrance shall extend from floor to floor vertically and 8 in (203 mm) beyond the line of moving equipment in the hoistway on each side and shall comply with the requirements for fully enclosed hoistways.

(B) A hoistway enclosure not less than 8 ft. (2.44 m) high shall be provided at the sides or rear of any landing or level where any means of access is within 4 ft. (1.22 m) of the line of moving equipment in the hoistway.

(b) Strength of Enclosures.

(1) Enclosures shall be so supported and braced as to deflect not more than 1 in. (25 mm) when subjected to a force of 100 lbf (445 n) applied horizontally at any one point. Existing enclosures shall not deflect into the minimum running clearance allowed between the elevator car or counterweight and the enclosure when subjected to a similar force.

(2) The hoistway enclosure adjacent to landing openings and the structure supporting the doors or gates and their locks shall be of sufficient strength to support in true alignment the landing doors or gates with their operating mechanism and locking devices.

(1) Pits extending into the ground shall be so designed as to prevent entry of ground water into the pit.

(2) The pit floor on any hoistway not extending to the ground shall be capable of sustaining a live load of not less than 125 psf (5.98 Kpa) in all open areas. Elevator equipment weight and forces resulting from compensating sheave or buffer impact shall be considered when this equipment is supported by the pit-floor structure.

(d) Floor Over Hoistways of Power Elevators.

(1) Where the elevator machine is located over the hoistway, a metal or concrete floor shall be provided above or level with the top of the machine beams.

(A) The floor is not required to be located below the secondary or deflecting sheaves of traction machines provided the sheaves can be serviced from the top of the car, or means are provided for servicing the sheaves from outside the hoistway.

(2) Where the elevator machine is located below or at the side of the hoistway, a metal or concrete floor shall be provided below the overhead sheaves unless the following requirements are conformed to:

(A) Means of access for inspection and servicing of each governor is provided from outside the hoistway in such a manner that the action of the tripping mechanism can be inspected while the car is running and the governor, and governor switches where provided, can be reset by a person working from a permanent platform furnished as part of this access means.

(B) When the car is level with the top landing, the center line of the overhead sheaves or hoist rope dead end hitch plates shall not be more than 6 ft. (1.83 m) above the crosshead or 8 ft. (2.44 m) above the car top.

(D) An access switch for access to the top of the car conforming to Section 3021(k) is provided.

(3) The floor shall be capable of sustaining a concentrated load of 300 lb (136 Kg) on any 4 in.2 (26 cm2); and where it constitutes the floor of the main or secondary level machinery space, it shall be designed for a live load of not less than 125 psf (5.98 Kpa) in all open areas. Where the elevator machine is to be supported solely by the machine room floor slab, the floor slab shall be designed in accordance with the requirements of Design Section 3111(a).

(4) The openings in perforated or openwork metal floors shall reject a ball 1/2 in. (13 mm) in diameter and the greatest dimension shall be not more than 3 in. (76 mm). Cable or tape openings in floors shall be protected by a guard not less than 4 in. (102 mm) high.

(5) The floor shall extend over the entire area of the hoistway where crosssectional area is 100 ft.2 (9.3 m2) or less. Where the cross-sectional area is greater, the floor shall extend not less than 2 ft. (610 mm) beyond the general contour of the machine or sheaves or other equipment, and to the entrance to the machinery space at or above the level of the platform. Where the floor does not cover the entire horizontal area of the hoistway, the open or exposed sides shall be provided with a standard guardrail and toeboard.

(6) Differences in level of machine room and machinery space floors shall be avoided when practicable. Where there is a difference in level in such floors exceeding 15 in. (381 mm), a standard guardrail shall be provided at the edge of the higher level, and stairs or a ladder shall be provided for access between levels.

(e) Projections, Recesses, and Setbacks in Hoistway Enclosures of Power Elevators. Hoistway enclosures shall have substantially flush surfaces on the hoistway side, subject to the following:

(1) Landing sills, hoistway doors, door tracks and hangers may project inside the general line of the hoistway. Landing sills and associated facia-guards shall comply with subsection 3020(a)(3).

Note: The intent of this order is to allow recesses necessary for the installation of elevator equipment and minor recesses caused by floor beams and slabs. The phrase substantially flush does not include unnecessary horizontal surfaces or surface projections such as reinforcing rods, snap-ties, screws, etc., which may cause injury.

(Title 24, Part 7, section 7-3010)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (e) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer and new subsection (e) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Repealer and new subsection (a)(6) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1)

4. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

5. Editorial corrections (Register 95, No. 26).

6. New group II heading filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

7. Amendment of group 2 subheading filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3011. Machine Rooms and Machinery Spaces.

Note • History

(a) Enclosure of Machine Rooms and Machinery Spaces. The enclosure shall be building walls, ceiling material, and fireproofing conforming to the governing building codes. The material and height limitations outlined in this section establish the minimum standards for machine room enclosures. These regulations are not intended to supersede applicable local building codes establishing higher standards.

(1) Elevator driving machines, motor generator sets, controllers, and auxiliary control equipment shall be installed in a room or enclosure set aside for that purpose.

Exception to subsection 3011(A)(1):

Machines and associated equipment as installed before June 5, 1947, in machine rooms or machinery spaces accessible only to authorized attendants.

(2) Enclosures shall be of substantial construction at least 6 ft (1.83m) high, and if of openwork material shall reject a ball 2 in. (51mm) in diameter.

(b) Equipment in Machine Rooms of Power Elevators.

(1) Where the elevator machine and control equipment are located at the top of the hoistway, they may be located in a room or space containing other machinery and equipment essential to the operation of the building, provided that they are separated from the other machinery or equipment by a substantial metal grille enclosure not less than 6 ft (1.83m)high with a door or gate conforming to Section 3011(d). The grille enclosure shall be of a design which will reject a ball 2 in. (51mm) in diameter.

(A) Elevated machine or control areas within an equipment room shall have a wall or enclosure, including access means, that provides a barrier not less than 6 ft (1.83m) high above the adjacent floor. The raised platform shall be guarded by at least a standard guardrail with a standard toeboard.

(2) Where the elevator machine and control equipment are not located at the top of the hoistway, a separate machine room shall be provided and only machinery and equipment required for the operation of the elevator shall be permitted in the elevator machine room.

(3) The enclosure for the elevator equipment shall be arranged so that passage through the machine room or enclosure is not necessary to gain access to other equipment or other parts of the building.

Exception: Passage to enclosed equipment installed within the elevator machine room to provide the ventilation required by Section 3011(f)(2)(A).

(4) Elevator machine rooms or enclosed areas shall be kept free of all materials except those used for repair or maintenance of the elevator. Machine rooms shall be kept reasonably clean.

(c) Access to Machine Rooms and Machinery Spaces. Permanent means for safe and convenient access shall be provided to all machine rooms, overhead sheave spaces provided with a floor, and secondary levels. This access shall be independent of the hoistway or car.

(1) Where passage over roofs is necessary to reach the means of access to machine rooms or machinery spaces, the following requirements shall be conformed to:

(A) A stairway, conforming to applicable building codes shall be provided from the top floor of the building to the exit door at the roof level.

(B) Where the passage is over a sloping roof having a slope exceeding 15 degrees from the horizontal, an unobstructed, permanent, and substantial walkway not less than 24 in. (610mm) wide, equipped on at least one side with a standard railing, shall be provided from the building exit door at the roof level to the means of access to the machine room or machinery spaces.

(2) The means of access to machine rooms or to machinery spaces shall conform to the following:

(A) Where the floor of the machine room or of the machinery space is more than 8 in. (203mm) above or below the floor or roof from which the means of access leads, stairs, or ladders shall be provided between such levels.

(B) Where the difference in levels is not more than 3 ft (914mm), a vertical ladder with handgrips may be provided.

(C) Where the difference in levels is more than 3 ft (914mm), stairs having a maximum angle of 60 degrees from the horizontal and equipped with a standard stair railing shall be provided.

Exceptions to subsection 3011(c)(2)(C):

1. Alternating tread stairs as permitted by Section 3234 of the General Industry Safety Orders.

2. Vertical ladders may be used where the differences in level are more than 3 ft (914mm)for access from interior building floors or from machine rooms to machinery spaces containing overhead sheaves, secondary and deflecting sheaves, or governors.

(D) A platform shall be provided at the top of stairs or ladders conforming to and where required by Article 4 of the General Industry Safety Orders.

(E) Standard handrails, guardrails, toeboards, and stair railings shall conform to the regulations of Article 2 of the General Industry Safety Orders.

(d) Access Doors.

(1) Elevator machine rooms or enclosures shall be secured against unauthorized access. Access doors shall be provided for all elevator machine rooms or enclosures and shall conform to the following:

(A) Have a minimum width of 30 in. (762mm) and a minimum height of 6 ft (1.83m) for machine rooms and a minimum height of 30 in. (762mm) for other spaces specified in Sections 3011(e)(2) and 3011(e)(3).

(B) Be self-closing.

Exception to subsection 3011(d)(1)(C):

Doors are not required at openings in machine room floors for access to deflecting and secondary sheave spaces provided the floor access opening is provided on all four sides with a standard railing, one side of which is arranged to slide or swing to provide access to the ladder or stairs leading to the secondary sheave space. Trap doors, where provided, shall have standard railings or guard wings on all open sides and shall be arranged to be secured in the open position. See Section 3011(e)(3).

(D) Keys to access the elevator machine rooms and machinery space enclosures shall be kept in the elevator pit. The keys shall be properly identified, located near the pit stop switch and shall be accessible from the pit access door. In buildings with banks of multiple elevators, the keys shall be kept in the elevator pit of the elevator with the lowest state identification number.

(e) Headroom in Machine Rooms and Overhead Machinery Spaces.

(1) Elevator machine rooms and machinery spaces not located over the hoistway shall have a headroom of not less than 7 ft (2.13m).

(2) Where a floor is provided at the top of the hoistway, elevator machine rooms and overhead machinery spaces above such floor shall have a clear headroom of not less than the following:

(A) Machine, control, and motor generator rooms, 7 ft (2.13m).

(B) Spaces containing only overhead, secondary or deflecting sheaves, 42 in. (1.06m).

(D) Under Sections 3011(e)(2)(B) and 3011(e)(2)(C), the machine or supporting beams may encroach on the required headroom provided there is a clearance of not less than 3 ft (914mm) below the underside of machine beams or not less than 3 ft (914mm) above the top of overhead sheave supporting beams with at least a 2-ft (609mm)-wide clear passageway.

(3) Separate access to each secondary or deflecting sheave space shall be provided unless a clear passageway not less than 4 ft (1.22m) high and 2 ft (610mm) wide is provided from one space to another in multiple hoistway installations. This height may be reduced to 3 ft (914mm) between the machine beams and the sheave space floor.

(f) Lighting and Ventilation of Machine Rooms and Machinery Spaces.

(1) Permanent lighting and convenience outlets shall be provided and installed to comply with the requirements of CCR, Title 24, Part 3, Article 620.

(2) Machine rooms shall be provided with uniform natural or mechanical ventilation of sufficient capacity to maintain a temperature of not more than 104o F (40o C) regardless of outside temperature.

(A) Where mechanical ventilation equipment is provided, it shall be located outside the elevator machine room, where possible. When located within the machine room, it shall be isolated from the elevator equipment by an enclosure conforming to Section 3011(a).

(g) Work Space Required in Machine Rooms and Machinery Spaces.

(1) There shall be a clear work space and passageway at least 18 in. (457mm) wide on at least three sides of every elevator machine.

EXCEPTION to subsection 3011(g)(1):

A second side of the machine may be partially or totally blocked by an enclosure or equipment, thereby reducing the required work space and passageway, provided the following are conformed to:

1. Safe access to and a minimum of 18 in. (457mm) work space is provided for machine parts that require inspection, service, and adjustment when the machine is in operation; and

2. Parts that normally do not require service, repair, or inspection when the machine is in operation shall be provided with access, or can be made accessible when protective guards, etc., are removed, and adequate work space to perform the work is provided.

Note: The intent of this regulation is to locate the machine, with respect to the adjacent enclosure and other machine room equipment, so that safe and convenient access is provided for inspection, service, and adjustment.

Safe working conditions for future major repairs should be considered when locating the machine and adjacent equipment.

(2) Governors, motor generator sets, and other devices, shall have a clear work space and passageway at least 18 in. (457mm) wide and 78 in. (1.98 m) high on at least one side, and no passageway shall exist between various devices, or devices and the walls, less than 18 inches wide.

The commutator end of motor generator sets shall be exposed to allow safe access for servicing and adjusting.

(3) The clear work space in front of and in back of control panels and the passage space at the ends of control panels shall conform to CCR, Title 24, Part 3, Article 620.

(4) The clear work space in front of, and the accessibility of the power disconnect switches, shall conform to the requirements of CCR, Title 24, Part 3, Article 620.

(h) Identification Required. Where there is more than one elevator, each elevator shall be assigned a different number. This number shall be used to clearly identify all major components of that piece of equipment in the machine room and machinery spaces.

(Title 24, Part 7, Section 7-3011.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. Amendment of subsections (b)(3), (b)(4), (c)(2)(D) and (c)(2)(E) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

3. Amendment of subsections (f)(1), (g), and (g)(3)-(4) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

4. Editorial correction of subsections (f)(2) and (g)(2) (Register 95, No. 26).

5. New subsection (d)(1)(D) and amendment of Note filed 5-8-2002; operative 6-7-2002 (Register 2002, No. 19).

§3012. Electrical Wiring, Pipes, and Ducts in Elevator Hoistways, Machine Rooms, or Machinery Spaces.

Note • History

(a) Wiring Methods in Hoistways and Machine Rooms. The installation of all electrical wiring in hoistways and machine rooms, except as may be provided elsewhere in these regulations, shall comply with CCR, Title 24, Part 3, Article 620.

(b) Installation of Pipes and Ducts Conveying Gases, Vapors, or Liquids in Hoistways, Machine Rooms, or Machinery Spaces. Pipes or ducts conveying gases, vapors, or liquids, and not used in connection with the operation of the elevator, shall not be installed in any hoistway, machine room, or machinery space.

EXCEPTIONS to subsection 3012(b):
1. Pipes or ducts that were installed before June 5, 1947, and which convey gases, vapors, or liquids which if discharged into the hoistway would not endanger life.
2. Steam and hot water pipes may be installed in hoistways, machine rooms, or machinery spaces for the purpose of heating these areas only, subject to the following:
a. Heating pipes shall convey only low pressure steam (5 psi (34 kpa) or less) or hot water (212o F (100o C) or less).
b. All risers and return pipes shall be located outside the hoistway.
c. Traps and shut-off valves shall be provided in accessible locations outside the hoistway.
3. Ducts for heating, cooling, ventilating, and venting may be installed in the machine room, subject to the following:
a. Clear headroom of 7 ft (2.13m) is maintained.
b. Clear workspace around all elevator equipment is maintained.
c. No inspection covers, adjustable dampers or clean-outs are installed in the elevator machine room.
4. Pipes for sprinklers only may be installed in these spaces subject to the following:
a. All risers and returns shall be located outside these spaces.
b. Branch lines in the hoistway shall supply sprinklers at not more than one floor level.
c. Shut-off valves shall be provided at accessible locations outside these spaces.
d. Sprinkler heads shall be guarded against accidental contact.
5. Piping and wiring for elevator pit sump pumps may be installed in the hoistway. See Section 3016(b).

(Title 24, Part 7, Section 7-3012.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b)(3) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

3. Amendment of subsection (a) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

4. Editorial correction of subsection (b) Exception 2a (Register 95, No. 26).

§3013. Location and Guarding of Counterweights.

Note • History

(a) Location. Counterweights shall be located only in the hoistway of the elevator they serve.

(b) Counterweight Pit Guards. Counterweight runway enclosures of unperforated metal, extending from a point not more than 12 in. (305mm) above the pit floor to a point not less than 7 ft (2.13m) above the pit floor, shall be installed on the open side or sides of all counterweights, except this enclosure may be omitted on the side facing the car where compensating ropes or chains are attached to the counterweight.

EXCEPTIONS to subsection 3013(b):

1. Where oil buffers are installed under the counterweights in the pits of new installations, the enclosure, where required, shall extend from a point even with the bottom of the buffer stroke to a height of not less than 7 ft (2.13m) above the pit floor.

2. Elevators installed before June 5, 1947.

The enclosure shall be fastened to a metal frame adequately reinforced and braced to be at least equal in strength and stiffness to No. 14 M.S. gage steel.

(1) Where counterweights are located between elevators in a hoistway having more than one elevator, the counterweight shall be guarded for the entire height of the hoistway. The guard shall extend at least 6 inches horizontally beyond each counterweight rail. The guard shall be made from wire-mesh material equal to or stronger than .048-inch diameter wire with openings not exceeding 1/2 inch, securely fastened to keep the guard taut and plumb.

(2) The guarding of counterweights required in Section 3013(c)(1) shall be accomplished within three years of the effective date of this regulation.

(Title 24, Part 7, Section 7-3013.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

2. New subsections (c)-(c)(2) filed 7-9-97; operative 8-8-97 (Register 97, No. 28).

§3014. Guarding of Exposed Equipment.

Note • History

(a) Guarding in Machine Rooms and Machinery Spaces. The following equipment located in machine rooms or machinery spaces shall be guarded to protect against accidental contact:

(1) Exposed external moving parts such as gears, sprockets, sheaves, drums, shafts and their driving ropes, chains or tapes for selectors, floor controllers or signal machines.

EXCEPTION to subsection 3014(a)(1):
Guards are not required for equipment located more than 7 ft (2.13m) above the floor.

(2) The nip points of the drive sheave of traction machines where the machine frame does not provide this protection.

(3) All moving parts of the equipment in secondary sheave spaces shall be completely guarded except the governor sheave and flyballs. Expanded metal or grillwork shall be used for secondary sheave guards.

Exception: Guards are not required for equipment located more than 7 ft (2.13m) above the secondary sheave space floor.

(4) The moving parts of equipment in overhead sheave spaces having a ceiling height of less than 78 in. (1.98m) shall be completely guarded except the governor sheave and flyballs.

(5) The moving parts of equipment in overhead sheave spaces shall be guarded when it is necessary to pass over or by the moving parts to gain access to the governor.

(b) Guarding in the Hoistway and On the Car. The following equipment located in the elevator hoistway or on the elevator car shall be guarded to protect against accidental contact:

(1) Hoisting rope sheaves attached to and mounted above the car crosshead shall be completely guarded. Handholds shall be provided on each side of the guard.

(2) Hoisting rope sheaves mounted within the car crosshead shall be provided with guards at the exposed nip points.

(3) Where secondary or deflecting sheaves are located on the hoisting side of overhead machines, the ropes shall be guarded at the point of contact with the sheave, except where the bottom of the sheave is more than 7 ft (2.13m) above the crosshead of the car when the car is at the top terminal landing.

(4) Where overhead sheaves are located above the crosshead, the ropes attached to the crosshead shall be guarded at the point of contact with the overhead sheave unless the sheave is located in an overhead sheave space.

(5) Ventilating fans or blowers installed on the car top shall be guarded.

(c) Rope Retainer Guards. Rope retainer guards shall be provided on deflector sheaves, machine sheaves, compensator rope sheaves, governor tension sheaves and hoist rope sheaves on cars and counterweights to inhibit displacement of ropes in the event ropes become slack.

Rope guards shall be continuous or there shall be one restraint for 30 degrees wrap or less, and two restraints for wraps in excess of 30 degrees. Where one restraint is furnished, it shall divide the arc of contact into equal parts. Where two restraints are furnished, they shall be located approximately 1/6 of the arc of contact from the nip points.

(d) Snag Guards. Snag points created by rail brackets, clip bolts and fishplates shall be provided with guards to prevent snagging of the following:

(1) Compensating cables on the counterweight end within 30 in. (762mm) of a counterweight rail bracket.

(2) Governor ropes located within 20 in. (510mm) of a counterweight rail bracket.

(3) Hoist ropes located within 12 in. (305mm) of a snag point.

(4) Traveling cables hung so any portion of their loop below the hatch junction box is within 36 in. (914mm) horizontally of a potential snag point.

(Title 24, Part 7, Section 7-3014.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (c) and (d) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. Section 3014(c) and (d) which was filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30 for technical reasons.

3. Amendment of exceptions in subsections (c) and (d)(4) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

4. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

§3015. Machinery and Sheave Beams, Supports, and Foundations.

Note • History

(a) Beams and Supports Required.

(1) Machines, machinery, and sheaves shall be so supported and maintained in place as to effectually prevent any part from becoming loose or displaced under the conditions imposed in service.

(2) Supporting beams, if used, shall be of steel, reinforced concrete, or, for existing installations, sound timber.

(3) Beams are not required under machines, sheaves, and machinery, or control equipment which are supported on floors, provided such floors are designed and installed to support the load imposed thereon.

(b) Loads on Machinery and Sheave Beams, Floors or Foundations, and Their Supports.

(1) Overhead beams, floors, and their supports shall be designed for the loads specified in Design Section 3111(a)(2).

(2) The foundations, beams, and floors for machinery not located over the hoistway shall be designed to support the loads specified in Design Section 3111(a)(3).

(1) Machinery or equipment shall be secured to and supported on or from the top of overhead beams or floors.

EXCEPTIONS to subsection 3015(c)(1):
1. Secondary or deflecting sheaves of traction elevators. If bolts in tension are used to support such sheaves, the bolts shall be provided with lock nuts and shall be cotter-keyed.
2. Rotable overhead sheaves whose members in tension comply with the requirements of Design Section 3101(b)(1)(C).

(2) Machines and sheaves located below or at one side of a hoistway shall be anchored to beams, foundations, or floors with bolts that meet the specifications of Design Section 3111(c)(1).

(A) Where bolts are used through sloping flanges of structural shapes, the boltheads shall be of the tipped or beveled-head type or shall be fitted with beveled steel washers, and nuts on sloping flanges shall seat on beveled steel washers.

(3) The fastenings including vibration isolation units and supporting structures used to attach controllers, motor generators sets, compensating rope sheave assemblies, machines, machine beams, and sheaves to the building shall conform to Section 3111(c)(3).

(d) Overhead Hoisting Rope Hitches. Where hoisting ropes are secured to the structure above a hoistway, the hitch plates and hitch plate blocking beams, where used, shall be secured to and mounted on top of overhead beams, machine beams, or on top of auxiliary beams connected to the webs of overhead beams. Hitch plates, blocking, or auxiliary beams shall be secured with bolting, riveting, or welding and shall be so located that the tensions in the hoisting ropes will not develop direct tensions in the bolts or rivets. The hitch-plate supporting beams and fastenings shall be designed to support the loads as specified in Design Section 3111(c)(2) and 3111(d).

(e) Cast Metals in Tension or Bending. Cast metals which are subject to tension or bending shall not be used to support machinery or equipment from the underside of overhead beams or floors except as allowed in Design Section 3111(e).

(f) Allowable Stresses or Deflections for Machinery and Sheave Beams or Floors and Their Supports. The unit stresses or deflections for all machinery and sheave beams and floors and their supports, based on the loads computed as specified in Design Section 3111(a), shall not exceed those permitted by Design Sections 3111(a) and 3111(b).

(Title 24, Part 7, Section 7-3015.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. Section 3015(c) which was filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30 for technical reasons.

3. Amendment of Exception in subsection (c)(3) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

4. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

§3016. Pits for Elevators.

Note • History

(a) Where Required. A pit shall be provided at the bottom of the hoistway of every power-driven elevator. The pit shall extend the entire area of the hoistway.

(b) Design and Construction of Pits.

(1) See section 3010(c) for details of pit construction.

(2) The pit depth shall be not less than is required for the installation of the buffers, compensating sheaves, if any, and all other elevator equipment located therein, and to provide the minimum bottom clearance and runby required by section 3017.

(3) The floor of the pit shall be approximately level, but sufficient slope shall be allowed for drainage. No recess shall be allowed unless covered or guarded.

(4) Drains connected directly to sewers shall not be installed in elevator pits.

(5) Drains or sumps in elevator pits shall not be used as the normal means of drainage for liquids directed into the pit from other areas of the building.

(6) Pumping equipment provided to remove accidental water from the pit shall be located outside the hoistway where practicable or shall be of the type that can be readily removed from the hoistway for repairs. Authorized personnel shall be present when it is necessary to enter the pit to remove accidental water accumulations.

(7) The elevator pit may be provided with a water removal system that complies with section 3120.6(c).

(c) Guards Between Adjacent Pits. Enclosures not less than 6 ft (1.83m) high shall be provided between pits of adjacent hoistways. Where openings are provided in the enclosure, they shall not exceed 2 in. (51mm). Where a ladder is provided on the enclosure, the enclosure shall extend not less than 6 ft (1.83m) above the top rung and not less than 12 in. (305mm) each side of the side rails.

EXCEPTIONS to subsection 3016(c):

Enclosures between pits may be omitted if the clearance between the underside of the car sling, when resting on the fully compressed buffer, and the bottom of the pit is not less than 7 ft (2.13m); and provided that where counterweights are located between pits they shall be guarded on the side away from the elevator they serve, even though they may have compensating ropes or chains.

(d) Access to Pits. Safe and convenient access shall be provided to all pits. Access may be by means of the lowest hoistway door or by means of a separate pit access door. Each pit of multiple hoistways shall have a separate means of access except where a separate pit access door is provided and guards between pits are not required.

(1) Where access to the pit is by way of a separate pit door or gate, the door or gate shall be self-closing and self-locking and shall be arranged to be opened from inside the pit without a key. Separate pit access doors shall be kept locked.

EXCEPTIONS to subsection 3016(d)(1):

The lock on existing pit access doors may be omitted under any of the following:

1. The access door is equipped with a contact that prevents the elevator from running when the door is open.

2. The access to the pit is from an area secured against unauthorized access.

3. The clearance between the pit floor and the underside of the car sling is not less than 7 ft (2.13m) when the car is on the fully compressed buffer, the counterweight runway is guarded to a height of not less than 7 ft (2.13m) except on the side where compensating chains or ropes are attached, and all sheaves are guarded.

(2) Separate pit access doors or gates, where provided, shall be not less than 30 in. (762mm) wide nor less than 4 ft (1.22m) high.

(3) The separate pit access door shall be provided with a contact if the car apron, or the car platform, extends into the access opening when the car is level with the lowest hoistway landing.

(4) Access to pits over 3 ft (914mm) in depth below the sill of the pit access door shall be by means of a permanent ladder or stairway into the pit. The ladder or stairway shall be adequately guarded to prevent contact between a person on the ladder or stairway and any moving part of adjacent elevators or machinery. The ladder shall be located adjacent to the strike jamb of and accessible from the access door to the pit.

EXCEPTIONS to subsection 3016(d)(4);

1. Ladders or stairways are not required to be provided in pits of elevators installed before June 5, 1947 unless they have undergone a major alteration or have been required for cause.

2. Elevators installed between June 5, 1947 and December 1, 1988 are only required to have ladders or stairways if the pit is over 4 ft (1.22m) in depth.

(5) Access ladders or stairways shall comply with the requirements of Subchapter 7, Article 4, Title 8, Chapter 4 of the California Administrative Code, except that for vertical ladders the distance from the ladder rung to the wall shall be not less than 4 in. (102mm).

(e) Pit Maintenance. Pits shall be maintained in a clean and dry condition.

(f) Illumination of Pits. Lights and convenience outlets in elevator pits shall be installed to comply with the requirements of CCR, Title 24, Part 3, Article 620.

(g) Stop Switch in Pits. There shall be installed in the pit of every power elevator an enclosed type positive acting stop switch meeting the requirements of Section 3040(b)(5), except elevators installed before June 5, 1947.

(1) This switch shall be located so as to be accessible from the pit access door. Where access to the pits of elevators in a multiple hoistway is by means of a single separate access door, the stop switch for each elevator shall be located adjacent to the nearest point of access to its pit from the access door.

(2) In elevator pits, where the access is through the lowest landing hoistway door, the stop switch shall be located within 18 in. (457mm) above or 18 in. (457mm) below the floor level at the access landing. The stop switch shall be located not more than 78 in. (1,98m) above the pit floor. When the pit exceeds 8 ft (2.44m)in depth, another stop switch shall be provided adjacent to the pit ladder and approximately 4 ft (1.22m) above the pit floor.

(3) All pit stop switches shall be properly identified by a name plate or painted with red or orange color.

(h) Safe Access to Elevated Equipment in the Elevator Pit and on the Underside of the Car. Where the pit floor is more than 12 ft (3.66m) below the bottom hoistway landing, or where the means for checking the oil level in oil buffers is more than 7 ft (2.13m) above the pit floor, drawings that detail the means of access to elevated equipment shall be submitted to the division for approval.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (d)(5) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

3. Amendment of subsection (d)(4) filed 12-15-88; operative 1-14-89 (Register 88, No. 53).

4. Amendment of subsection (f) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

5. Editorial correction of subsections (d)(4) Exception 1 and (g)(2) (Register 95, No. 26).

6. Amendment of subsections (b)(1), (b)(2) and (b)(6), new subsection (b)(7) and repealer of last paragraph filed 7-28-2003; operative 8-27-2003 (Register 2003, No. 31).

§3017. Bottom and Top Clearances and Runbys for Elevator Cars and Counterweights.

Note • History

(a) Bottom Car Clearances.

(1) When the car rests on its fully compressed buffer, there shall be a vertical clearance of not less than 2 ft (610mm) between the pit floor and the lowest structural or mechanical part, equipment, or device installed beneath the car platform except guide shoes or rollers, safety jaw assemblies, and platform aprons, guards, or other equipment located within 12 in. (305mm) horizontally from the sides of the car platform.

(2) When the car rests on its fully compressed buffer, no part of the car or any equipment attached thereto shall strike any part of the pit or any part of the equipment located therein.

(b) Bottom Runby for Counterweighted Elevators. The bottom runby of cars and counterweights shall be not less than the following:

(1) Where oil buffers are used, 6 in. (152mm).

EXCEPTIONS to subsection 3017(b)(1):
Where existing difficulties on modernization jobs prevent a sufficient pit depth or top clearance on the counterweights, the runby may be eliminated so that the buffers are compressed by amounts not to exceed 25 percent of their stroke when the car floor is level with the terminal landing.

(2) Where spring buffers are used:

(A) 6 in. (152mm) where generator-field control is used.

(B) Where rheostatic or alternating current control is used, not less than the following:

Rated Speed In Runby in

Feet Per Minute Inches

Not over 25 3

26 to 50 6

51 to 100 9

101 to 200 12

GENERAL NOTE:1fpm=5.08 E -03 m/s1in.=25.4mm

(c) Bottom Runby for Uncounterweighted Elevators. The bottom runby for uncounterweighted elevators shall be not less than the following:

(1) 3 in. (76mm) where the rated speed does not exceed 25 fpm (0.127 m/s).

(2) 6 in. (152mm) where the rated speed exceeds 25 fpm (0.127m/s).

(d) Maximum Bottom Runby. In no case shall the maximum bottom runby exceed the following:

(1) 24 in. (610mm) for cars.

(2) 36 in. (924mm) for counterweights.

(e) Top Car Clearance for Counterweighted Elevators. The top car clearance shall be not less than the sum of the following four items:

(1) The bottom counterweight runby.

(2) The stroke of the counterweight buffer used.

(3) 2 ft (610mm) or the distance which any sheave or any other equipment mounted in or on the car crosshead projects above the top of the car crosshead, whichever is greater.

(4) One-half the gravity stopping distance based on:

(A) 115 percent of rated speed where counterweight oil buffers are used. Where provision is made to prevent the jump of the car at counterweight buffer engagement, this figure need not be more than 18 in. (457mm) where the gravity slow down distance is greater than 36 in. (914mm).

(B) Governor tripping speed where counterweight spring buffers are used.

(f) Top Car Clearance for Uncounterweighted Elevators. The top car clearance shall be not less than the greater of the following:

(1) 36 in. (914mm).

(2) 12 in. (305mm) plus the amount which any equipment mounted on the car crosshead, or above the car top when no crosshead is provided, projects vertically more than 2 ft (610mm) above the crosshead or top.

(g) Vertical Clearances With Underslung Car Frames. Where an underslung car frame is used, the clearance between the car rope hitches or car sheaves and any obstruction in the hoistway vertically above them, when the car floor is level with the top terminal landing, shall be not less than the following:

(1) Where no counterweight is used, 9 in. (229mm).

(2) Where a counterweight is used, the sum of the following four items.

(A) The bottom counterweight runby.

(B) The stroke of the counterweight buffer used.

(D) One-half the gravity stopping distance based on:

1. 115 percent of rated speed where counterweight oil buffers are used.

2. Governor tripping speed where counterweight spring buffers are used.

(h) Top Counterweight Clearances.

The top counterweight clearances shall be not less than the sum of the following four items.

(1) The bottom car runby.

(2) The stroke of the car buffer used.

(3) 6 in. (152mm).

(4) One-half the gravity stopping distance based on:

(A) 115 percent of rated speed where car oil buffers are used and no provision is made to prevent the jump of the counterweight at car buffer engagement.

(B) Governor tripping speed where spring car buffers are used.

(i) Overhead Clearances Where Overhead Beams Are Not Over Car Crosshead. Where overhead beams or other overhead hoistway construction are located vertically over the car, but not over the crosshead, the following requirements shall be met:

(1) The clearance from the car top to such beams or construction, including sheaves, when the car floor is level with the top terminal landing, shall be not less than the distance specified in Sections 3017(e) and 3017(f).

(2) The clearance above an imaginary plane, drawn even with the top of the car crosshead, to the underside of such beams or construction, except sheaves, shall be not less than 2 ft (610mm) when the car is level with the top terminal landing.

(3) When the clearance above the imaginary plane, drawn even with the top of the car crosshead, is less than the distance specified in Section 3017(e) or Section 3017(f), such beams or construction, except sheaves, shall be located not less than 2 ft (610mm) horizontally from the edge of the car crosshead.

(j) Equipment on Top of Car Not Permitted to Strike Overhead Structure. The clearance above any auxiliary equipment mounted to project above the top of the car shall be not less than the sum of the following three items when the car platform is level with the top landing:

(1) The bottom counterweight runby.

(2) The stroke of the counterweight buffer used.

(3) One-half the gravity stopping distance based on:

(B) Governor tripping speed where counterweight spring buffers are used.

Exception to subsection 3017(j)(3)(B):
Elevators installed before June 5, 1947.

(k) Minimum Top Clearance.

(1) Elevators installed before June 5, 1947, shall have the ropes adjusted so that the car or counterweight will rest upon the bumpers or buffers fully compressed before the counterweight or the car is vertically within 1 ft (305mm) of any part of the construction over the hoistway and before any equipment mounted on the car or counterweight will strike any structure or equipment in the hoistway.

(2) Elevators installed since June 5, 1947, shall have the ropes adjusted to maintain the top car clearance required by Section 3017(e), the top counterweight clearance required by Section 3017(h), and the bottom runby required by Section 3017(b).

(3) The top car clearance shall be not less than 3 ft (914mm) on any elevator.

(4) The clearance from the raised guardrails required by Section 3034(a)(9) to the overhead structure shall be not less than 18 in. (457mm) when the counterweight is on its fully compressed buffer.

(Title 24, Part 7, Section 7-3017.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (k)(4) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (e)(4) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Amendment of subsection (k)(4) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

4. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

5. Editorial corrections (Register 95, No. 26).

§3018. Horizontal Car and Counterweight Clearances.

Note • History

(a) Between Car and Hoistway Enclosure. The clearance between the car and the hoistway enclosure, or any projection in the hoistway, shall not be less than 1 in. (25mm) except on the sides used for loading and unloading.

(b) Between Car and Counterweight and Counterweight Screen. The clearance between the car and the counterweight shall be not less than 1 in. (25mm). The clearance between the counterweight and the counterweight screen and between the counterweight and the hoistway enclosure, or any projection in the hoistway, shall be not less than 3/4 in. (19mm).

(c) Between Cars in Multiple Hoistways. The running clearance between the cars and any equipment attached thereto, of elevators operating in a multiple hoistway, shall be not less than 2 in. (51mm). This clearance must be increased when guards between adjacent pits are required.

(d) Between Cars and Landing Sills. The clearance between the car platform sill and the hoistway edge of any landing sill, or the hoistway side of any vertically sliding counterweighted hoistway door or of any vertically sliding counterbalanced biparting hoistway door, shall be not less than 1/2 in. (13mm) where side steel guides are used, and not less than 3/4 in. (19mm) where corner steel guides are used. The maximum clearance shall be not more than 11/2 in. (38mm). Where wood guides are used, the clearance shall be not less than 3/4 in. (19mm).

(e) Between Landing Side of Car Platforms and Hoistway Enclosures. The clearance between the edge of the car platform sill and the hoistway enclosure or fascia plate for the full width of the clear car entrance opening shall be not more than 5 in. (127mm).

EXCEPTIONS to subsection 3018(e):
1. The clearance may be increased to not more than 71/2 in. (190mm) for vertically sliding hoistway doors of the pass type or of the heavy duty type requiring special sills for extra wide openings.
2. Existing elevators whose hoistways are equipped with vertically sliding hoistway gates in which a clearance of not more than 6 in. (152mm) is permitted for that distance necessary for operation of the gates plus 24 in. (610mm).
3. Existing elevators which can be started only from the car in which a clearance of not more than 6 in. (152mm) is permitted.
4. Existing elevators which have been equipped with interlocked or contact locked car gates or interlocked car doors at the entrance where the clearance exceeds 5 in. (127mm) provided the lock is inaccessible from inside the car. Interlocks arranged to comply with Section 3021(d)(1)(D) are acceptable.

(f) Elevators Without Car Doors or Gates.

(1) Where an elevator is exempted under these regulations from installation of a car door or gate, the sides of hoistways opposite car entrances shall be smooth and free from protruding objects or recesses within 4 in. (102mm) of the car platform, unless such protruding objects or tops of recesses be smoothly and solidly beveled at an angle of not less than 60O degrees from the horizontal.

EXCEPTION to subsection 3018(f)(1):
Projections or recesses which are less than 1 in. (25mm).

(2) New installations or replacements of the beveled surfaces required by Section 3018(f)(1) shall be one of the following:

(A) Metal plates not less than No. 10 M.S. gage 0.138 in. (3.5mm).

(B) Metal sheets not less than No. 16 M.S. gage 0.061 in. (1.5mm) backed with wood or concrete.

(g) Measurement of Clearances. The clearances specified in Section 3018 shall be measured with no load on the car platform.

(Title 24, Part 7, Section 7-3018.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

2. Editorial correction of subsection (d) (Register 95, No. 26).

§3019. Protection of Spaces Below Hoistways.

Note • History

(a) Hoistways not Extending to the Lowest Floor of the Building. Where the space below the hoistway is used for a passageway, or is occupied by persons, or if unoccupied is not permanently sealed against access, the following requirements shall apply:

(1) Elevator counterweights shall be provided with safeties conforming to Section 3035.

(2) The cars and counterweights shall be provided with oil buffers or spring buffers. If spring buffers are used, they shall be so designed and installed that they will not be fully compressed when struck by the car with its rated load and by the counterweights at the following speeds.

(A) Governor tripping speed where the safety is governor operated.

(B) 125 percent of rated speed where the safety is not governor operated.

(3) Car and counterweight buffer supports shall be of sufficient strength to withstand, without permanent deformation, the impact resulting from buffer engagement at the following speeds:

(A) Governor tripping speed where the safety is governor operated.

(B) 125 percent of rated speed where the safety is not governor operated.

(Title 24, Part 7, Section 7-3019.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

§3020. Protection of Hoistway Landing Openings.

Note • History

(a) Hoistway Entrances. Protection of hoistway entrances shall conform to the governing building codes. The regulations included in this section establish the minimum entrance standards. These regulations are not intended to supersede applicable local building codes establishing higher standards. The locations, clearances, and guarding requirements of this section shall be maintained.

(1) Hoistway Doors Required on Passenger Elevators. All passenger elevator hoistway landing openings, giving access to the car platform, shall be provided with hoistway doors which will fill the full height and width of the openings.

(2) Hoistway Doors or Gates Required on Freight Elevators. All freight elevator hoistway landing openings, giving access to the car platform, shall be provided with hoistway doors which will fill the full height and width of the openings or shall be provided with gates.

(3) Landing Sills and Guards and Tracks on Landings.

(A) Metal sills, of sufficient strength to support the load to be carried by the sill when loading or unloading the car, shall be permanently secured in place at each hoistway door opening. Sills shall be substantially level with the floor surface of the elevator landing or shall be beveled to meet the floor surface, and for passenger elevators shall be so designed and maintained as to provide secure foothold for the entire width of the door opening.

Landing sills of freight elevators shall be designed and installed to withstand the loads specified in Section 3037(b)

(B) The hoistway wall opposite the car entrance shall be smooth. Recesses or projections in excess of 1 in. (25mm) shall be beveled at an angle of not less than 60 degrees nor more than 75 degrees from the horizontal. The wall opposite the car entrance and below the landing sills shall conform to the following:

1. Where a car leveling device is provided, the hoistway shall be plumb with the edge of the landing sill and shall have a straight vertical face extending below the landing sill not less than the length of the leveling zone plus 3 in. (76mm).

2. Where no car leveling device is provided, the hoistway shall be plumb with the edge of the landing sill and shall have a straight vertical face extending below the landing sill not less than 3 in. (76mm).

3. The straight vertical face required below the landing sills of passenger elevators shall be of smooth metal not less than No. 16 M.S. gage.

4. Vertically sliding biparting doors or vertically sliding doors which slide down to open shall be considered to meet the requirements of Sections 3020(a)(3)(B)1, and 3020(a)(3)(B)2, provided the doors meet the requirements of Section 3020(b)(8).

(D) The tops of railroad tracks located on elevator landings shall be substantially flush with the floor surface for a distance of at least 6 ft (1.83m) from the sill edge.

(E) Hinged hoistway landing sills may be provided in connection with vertically sliding, biparting, counterbalanced doors of freight elevators provided the sills are hinged on the landing side so that they can be lowered only when the landing doors are in the fully opened position.

(4) Minimum Size of Hoistway Entrances. The clear opening provided by elevator entrances shall be not less than 78 in. (1.98m) high nor less than 30 in. (762mm) wide.

(b) Hoistway Doors.

(1) Materials. Doors shall consist of a solid panel or of a solid panel to a height of 3 ft ((914mm) above the floor, above which they may be of solid or openwork, providing the openings therein do not exceed 1/2 in.2 (3.23cm2).

(2) Use of Glass Panels. Glass panels in hoistway doors shall be limited to vision panels only. See Section 3020(b)(18) for vision panel requirements.

EXCEPTION to subsection 3020(b)(2):
Hoistway doors installed before June 5, 1947.

(3) Strength. Hoistway doors shall be so constructed as to withstand a constant force of 250 lbf (1112N) applied at right angles to and at approximately the center of the door, without causing the door to break or to be permanently deformed. Each panel or section of multipanel or multisection doors shall withstand the force specified.

(4) Construction of Horizontally Sliding Doors.

(A) Horizontally sliding doors shall have leading edges that are smooth and free of sharp projections. The meeting edges of center-opening doors may be provided with a resilient member on one or both doors to form a shallow overlap. Single-slide and two-speed doors shall lap the strike jamb but shall not close into pockets in the strike jamb. The clearance between the corridor face of the doors and the bucks and headers, and between overlapping faces of two-speed doors, shall be not more than 3/8 in. (9.5mm).

(B) Manually operated, horizontal-sliding doors shall be so arranged that the handle on the outside of the door provided for opening or closing the door will not pass the stationary panel or the wall in such a manner as to create a shear hazard.

EXCEPTION to subsection 3020(b)(4)(B):

Existing elevators, with entrances installed before 1947, where the entrance opening would be less than 30 in. (762mm) wide if this provision were applied.

(5) Construction of Center-Opening Horizontally Swinging Doors.

Center-opening, horizontally swinging doors shall conform to the following:

(A) One door section shall be provided with an overlapping astragal on its vertical edge.

(B) Stops shall be provided at the top of both door sections which will stop the door section when closed, and which will meet the strength requirements of Section 3020(b)(3).

(6) Construction of Vertically Sliding Doors. Vertically sliding doors shall conform to the following:

(A) Truckable sills, of vertically sliding, counterweighted doors, which slide down to open, and of biparting, counterbalanced doors of elevators used to carry freight, shall be designed to withstand the loads specified in Design Section 3101(f).

(B) The clearance between the face of the doors and the landing sill shall be not more than 1/2 in. (13mm) measured when the doors are in the closed position.

1. They shall be provided with means to stop the closing doors when the distance between closing rigid members of the door sections is not less than 3/4 in. (19mm).

2. A nonshearing, noncrushing member of either the meeting or overlapping type shall be provided on the upper door section to close the distance between the rigid door sections when in contact with the stops.

3. Rigid members which overlap the meeting edge or center latching devices are prohibited.

EXCEPTIONS to subsection 3020(b)(6)(C)3:
1. Existing elevators which can be operated from the car only.
2. Existing power operated doors.

(7) Counterweighting or Counterbalancing of Vertically Sliding Doors.

(A) Single or multisection vertically sliding doors shall be so counterweighted and vertically sliding biparting, counterbalanced doors shall be so counterbalanced that they will not open or close by gravity. Fastenings shall be provided to prevent the detachment or dislodgement of counterbalancing weights of doors.

(B) The suspension means and their connections shall have a factor of safety of not less than 5.

(8) Beveled Guards for Vertically Sliding Doors. Where the lower side of the truckable sill projects more than 1/2 in. (13mm) beyond the nearest surface below it, the sill shall be provided with a guard of not less than No. 16 M.S. gage metal beveled at an angle not less than 60 degrees nor more than 75 degrees from the horizontal.

(9) Pull Straps on Manually Operated, Vertically Sliding Doors. Manually operated, vertical sliding doors of elevators which can be operated from the landings shall be provided with pull straps on the inside and outside of the door where the lower edge of the upper door panel is more than 78 in. (1.98m) above the landing when the door is in the fully open position. Pull straps shall be provided only on the inside of the hoistway door on elevators which can be operated from the car only.

(A) The bottom of the strap shall not be more than 78 in. (1.98m) above the landing when the door is in the open position.

(B) The length of the strap shall not be extended by rope or similar materials.

(10) Types of Hoistway Doors for Passenger Elevators. For passenger elevators, doors shall be one of the following types:

(A) Horizontally sliding, single or multisection.

(B) Horizontally swinging, single section.

(D) Power-operated, vertically sliding biparting counterbalanced doors which operate in conjunction with the car gate as outlined in Section 3022(e).

(E) At landing openings used exclusively for freight, manually operated, vertically sliding biparting counterbalanced doors may be used.

(11) Types of Hoistway Doors for Freight Elevators.

For freight elevators, doors shall be one of the following types:

(A) Horizontally sliding, single or multisection.

(B) Horizontally swinging, single section.

(D) Center-opening, two-section, horizontally swinging, subject to the restrictions of Section 3020(b)(12).

(E) Vertically sliding, biparting counterbalanced.

(F) Manually operated, vertically sliding, counterweighted, single or multisection.

(12) Limitations of Use of Center-Opening Swinging Doors. Center-opening, two-section, horizontally swinging hoistway doors shall be permitted for freight elevators only.

(13) Closing of Hoistway Doors. Horizontally sliding or swinging doors of automatic operation elevators shall be provided with door closers arranged to close and lock an open hoistway door automatically if the car for any reason leaves the landing zone.

Exceptions TO SUBSECTION 3020(b)(13):
1. Center-opening, horizontally swinging doors.
2. The swinging portion of combination horizontally sliding and swinging type doors.

(14) Location of Horizontally Sliding or Swing Hoistway Doors. Horizontally sliding or swinging elevator hoistway doors shall be located so the maximum distances between the hoistway side of the hoistway door and the hoistway edge of the landing threshold and the car door or gate are as follows:

Embedded Graphic 08.0316

GENERAL NOTE:When the hoistway door or the car door or gate consists of two or more sections, the distances specified in this table shall be measured from the section of the door which travels the greater distance in closing.

EXCEPTIONS to subsection 3020(b)(14):
1. For new installations of center-opening horizontally swinging doors on freight elevators with automatic or constant pressure operation from the landings, the distance measured from the top portion of the doors to the edge of the hoistway threshold may be increased to not more than 4 in. (102mm) provided the distance to the bottom 36 in. (914mm) of the doors is not more than 1 in. (25mm) and all setbacks of more than 1 in. (25mm) are beveled at an angle of not less than 60 degrees with the horizontal.
2. For existing installations where the inside face of the hoistway door is more than 4 in. (102mm) from the edge of the threshold (6 in. (152mm) for car switch elevators), the following methods of reducing the clearance are acceptable.
a. Horizontal bars set approximately 10 in. (254mm) between centers for the full height of the door, with the inside face of the bars within 2 in. (51mm) of the threshold.
b. Vertical bars at 5 in. (127mm) centers for the full height of the door and reinforced with at least three horizontal bars, with the inside face of the bars within 2 in. (51mm) of the threshold.
c. An interlocked or contact locked car door or gate, inaccessible from inside the car, and the panel or bars described in Section 3020(b)(14). Exception 3 provided on the hoistway door.
3. For existing installations having excessive clearance between the hoistway door and the car door, the hoistway door shall be equipped with a 36-in. (914mm) high built-up panel on the lower portion of the door or three horizontal bars approximately equally spaced with the upper bar approximately 36 in. (914mm) above the floor and the lower bar approximately 10 in. (254mm) above the floor and with the inside face of the panel or of the bars within 2 in. (51mm) of the threshold.

(15) Projection of Hoistway Doors and Equipment Beyond Landing Sills. Hoistway doors and equipment shall not project into the hoistway beyond the line of the landing threshold opposite the car entrance.

EXCEPTIONS to subsection 3020(b)(15);
1. Door operators and interlocks on existing installations.
2. Interlock operating mechanism and interlocks provided that the running clearance from the car sill to the interlock shall be not less than 1/2 in. (13mm).

(16) Opening of Hoistway Doors From the Hoistway Side.

(A) Hoistway doors shall be arranged so that they may be opened by hand from the hoistway side when the car is within the interlock unlocking zone except when the door is locked “out of service.”

(B) Means shall not be provided for locking “out of service” either the doors at the main entrance landing or at the top or bottom terminal landing.

(C) Handles or other means provided for operation of manually operated doors shall be located so that it is not necessary to reach back of any panel, jamb, or sash to operate them.

(17) Hangars, Guides, and Guide Shoes for Sliding Hoistway Doors.

(A) All horizontally and vertically sliding hoistway doors shall be hung and guided so that the doors will not be displaced from their guides or tracks when in normal service, nor when the doors are subjected to a constant horizontal force of 250 lbf (1112 N) applied at right angles to and at approximately the center of the door or to the center of each door section where multisection doors are used. Bottom guide shoes, or an auxiliary guide, shall be made of or reinforced with metal to prevent the door from being displaced from its guides.

(B) Combination horizontally sliding and swinging doors shall be so interconnected that:

1. The swinging panel can be opened only when the sliding panel is in the open position, and

2. Both panels shall swing simultaneously

EXCEPTION to subsection 3020(b)(17)(B):

Interconnections are not required when both the sliding and the swinging panels are equipped with hoistway door interlocks.

(C) Hangers for horizontally sliding hoistway doors shall be provided with means to prevent the doors from jumping the tracks. Stops shall be provided to prevent the hangers from leaving the ends of the track or suitable stops may be provided on the door only. Hangers and tracks shall be so designed and installed as to support the door in case of fire.

(D) The hangers, tracks, and their supporting brackets and fastenings for horizontally sliding, power-operated hoistway doors shall be constructed to withstand, without damage or appreciable deflection, an imposed load equal to 4 times the weight of the door as applied successively downward and upward at the vertical center line of the assembled door or of each door section.

(E) Door sections or panels of multisection horizontally sliding hoistway doors shall be so connected to each other as to insure simultaneous movement of all sections or panels.

EXCEPTION to section 3020 (b)(17)(E):
Door sections or panels that are:
1. directly driven by the car door; and
2. equipped with an approved hoistway-unit-system hoistway door interlock on each driven door; and
3. provided with door closer(s) installed to comply with Section 3020(b)(13).

(Title 24, Part 7, Section 7-3020)

(18) Hoistway Door Vision Panels.

(A) Vision panels shall be provided in the following types of elevator hoistway doors.

EXCEPTIONS to subsection 3020(b)(18)(A):
Car switch elevators installed before June 5, 1947.
1. All horizontally swinging doors.
2. Manually operated, even though self-closing, doors of the horizontally sliding type or vertically sliding types except at landings where car position indicators are provided.

(B) Vision panels are required in one section only of multiple section doors, but may be provided in all sections. Vision panels may be provided for any type of hoistway door irrespective of the type of operation of the elevator.

(C) Hoistway doors installed before June 5, 1947, need not be altered to provide vision panels, but a clear section conforming to Section 3020(b)(18)(D)(1), Section 3020(b)(18)(D)(5) and Section 3020(b)(18)(D)(6) shall be provided in cases where existing manually operated grillwork or glass paneled doors are altered by covering or painting.

(D) Vision panels shall conform to the following:

1. The area of any single vision panel shall be not less than 25 in2 (161cm2), and the total area of one or more vision panels in any hoistway door shall be not more than 100 in2 (648cm2).

2. Each clear panel opening shall reject a ball 6 in. (152mm) in diameter.

EXCEPTIONS to subsection 3020(b)(18)(D)2:
Elevators installed before June 5, 1947.

3. Muntins used between panel sections shall be of substantial construction.

4. Vision panel openings shall be glazed with clear wired glass not less than 1/4 in. (6.3mm) thick.

EXCEPTION to subsection 3020(b)(18)(D)4:
Existing vision panels glazed with safety glass.

5. The center of the panel shall be located not less than 54 in. (1.37m) nor more than 66 in. (1.68m) above the landing; except that for vertically sliding, biparting doors, it shall be located to conform with the dimensions specified herein insofar as the door design will permit.

6. Vision panels in horizontally swinging doors shall be located for convenient vision when opening the door from the car side.

7. Glass panels in power-operated doors shall be substantially flush with the landing side surface of the door.

(19) Hoistway Door Counterweight Guides and Enclosure. Hoistway door counterweights, where used, shall run in guides or shall be boxed in. The bottom of the guides or boxes shall be so constructed as to retain the counterweight if the counterweight suspension means breaks.

(1) Use of Hoistway Gates Limited by Building Codes. Freight elevator hoistway entrances may be equipped with gates instead of doors where permissible under governing building codes.

(2) Types of Hoistway Gates. Hoistway gates shall be one of the following types.

(A) Vertically sliding, single or multisection, excluding biparting.

(B) Horizontally sliding, single or multisection.

(C) Where structural conditions preclude the use of vertically sliding or horizontally sliding gates, horizontally swinging or horizontally sliding collapsible gates may be used.

(3) Size of Hoistway Gates. Gates shall fill the entire width of the opening and shall conform to the following:

(A) On new installations gates shall be not less than 6 ft (1.83m) high.

(B) Existing gates shall be not less than 66 in. (1.68m) high; or,

(C) Gates at the top terminal landings of existing elevators, where structural conditions make 66-in. (1.68m) -high gates impractical, may be not less than 41 in. (1.04m) nor more than 45 in. (1.14m) high.

(4) Construction of Hoistway Gates.

(A) Hoistway gates shall be constructed and maintained as to withstand a constant force of 100 lbf (445 N) applied at right angles to and at approximately the center of the gate without deflecting the gate past the line of the threshold or a constant force of 250 lbf (1112 N) similarly applied without forcing the gate from its guides or breaking the gate.

(B) Hoistway gates shall be constructed with slats having spaces between the slats not exceeding 2 in. (51mm), or of openwork steel which will reject a ball 2 in. (51mm) in diameter. A 1-in. (25mm) space is permissible between the bottom of the gate and the floor.

EXCEPTION to subsection 3020(c)(4)(B):

Existing shipper rope controlled elevators operated from the landings may have access openings in the gates 5 in. (127mm) wide and 36 in. (914mm) high, located with the bottom of the opening approximately 30 in. (762mm) from the floor. Where a two-section gate is used, the access slot need not be over 26 in. (661mm) high.

(C) Horizontally sliding, collapsible gates shall be constructed so as to use as few collapsible members as possible, but no gate opening shall be over 3 in. (76mm) in width. Alternate vertical members shall act as guiding members at both top and bottom.

(5) Location of Hoistway Gates.

(A) Collapsible gates shall be installed so that the distance from the inside of the gate and the line of the edge of the car platform shall be not less than 4 in. (102mm) nor more than 5 in. (127mm).

(B) 41-in. (1.04m) to 45-in. (1.14m) high gates at the top landing of elevators having a car top or a meat track shall be maintained so that the distance from the inside of the gate and the hoistway edge of the landing threshold shall be not less than 4 in. (102mm) nor more than 6 in. (152mm).

(C) The distance from the hoistway side of the gate to the hoistway edge of the landing threshold shall be not more than 4 inches, nor less than 2 in. (51mm), except as specified in Section 3020(c)(5)(B).

(D) The space between the bottom of the gate and the floor shall not exceed 1 in. (25mm).

EXCEPTION to subsection 3020(c)(5)(D):

Existing gates installed on elevators before June 5, 1947, may have a space not to exceed 4 in. (102mm).

(6) Operation of Hoistway Gates. Hoistway gates shall be opened and closed manually or by power from a source in no way derived from the motion of the elevator car.

(7) Requirements for Gates Less Than 66 In. (1.68m) High. On existing installations, where gates less than 66 in. (1.68m) high have been installed, the car top, where provided, shall be hinged back at least 18 in. (457mm) from the landing threshold, and no rigid horizontal or projecting member between the vertical sides of the car enclosure shall extend closer than 12 in. (305mm) from the landing thresholds.

EXCEPTIONS to subsection 3020(c)(7):
1. Elevators equipped with car doors or gates.
2. Existing meat tracks but not meat track supports.

(8) Hoistway Gate Counterweights and Suspension Means.

(A) Gate counterweights shall run in guides or in weight boxes and be arranged to retain the weight in the box or in the guides in case of the breaking of the counterweight suspension means.

(B) Vertically sliding hoistway gates shall be so counterweighted or counterbalanced that they will not open or close by gravity.

(Title 24, Part 7, Section 7-3020.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Exceptions of (b)(6)(C), amendment of (b)(14) and (b)(18) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

3. Amendment of subsection (b)(17) submitted to OAL for printing only (Register 87, No. 51).

4. Change without regulatory effect amending subsections (b)(18)(C) and (b)(18)(D)2 filed 4-19-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 16).

5. Amendment of subsection (a)(3)(C) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

6. Editorial corrections (Register 95, No. 26).

§3021. Hoistway Door and Gate-Locking Devices.

Note • History

(a) Required on Passenger Elevator Hoistway Doors. All passenger elevator hoistway doors shall be equipped with approved hoistway-unit-system hoistway door interlocks.

Exceptions to Subsection 3021(a):

Exceptions:
1. Existing manually operated hoistway doors of elevators having a rated speed of not more than 150 fpm (0.76 m/s) and a rise of not more than 20 ft (6.10 m) which are provided with interlocks and zone switches as described for doors in section 3021(d)(1)(D).
2. Manually operated doors at the lowest landing, or at the ground floor of elevators with only one floor below the ground floor, provided that no other entrances are in line on floors above or below and the doors are equipped with interlocks and zone switches as described for doors in section 3021(d)(1)(D).
3. Existing basement doors provided with interlocks and zone switches as described for doors in section 3021(d)(1)(D).

(b) Required on Freight Elevator Hoistway Doors. All freight elevator hoistway doors shall be equipped with approved hoistway-unit-system hoistway door interlocks.

Exceptions to Subsection 3021(b):
1. Manually operated hoistway doors for freight elevators having a rated speed of not more than 150 fpm (0.76 m/s) and a rise of not more than 20 ft (6.10 m) which are provided with interlocks and zone switches as described for doors in section 3021(d)(1)(D).
2. Manually operated doors at the lowest landing, or at the ground floor of elevators with only one floor below the ground floor, provided that no other entrances are in line above or below and the doors are equipped with interlocks and zone switches as described for doors in section 3021(d)(1)(D).
3. Existing installations, completed before June 5, 1947, of interlocks or contact locks which approximately fulfill the functions required for approved interlocks or contact locks.

(1) All existing freight elevator hoistway gates shall be equipped with either approved hoistway-unit-system interlocks or with approved combination mechanical locks and electric contacts (contact locks).

(2) All new freight elevator hoistway gates shall be equipped with approved hoistway-unit-system interlocks.

Exceptions to Subsection 3021(c)(2):
1. Manually operated hoistway gates for freight elevators having a rated speed of not more than 150 fpm (0.76 m/s) and a rise of not more than 20 ft (6.10 m) which are provided with interlocks and zone switches as described for doors in section 3021(d)(1)(D).
2. Manually operated gates at the lowest landing, or at the ground floor of elevators with only one floor below the ground floor, provided that no other entrances are in line above or below and the gates are equipped with interlocks and zone switches as described for doors in section 3021(d)(1)(D).
3. Existing installations, completed before June 5, 1947 of interlocks or contact locks which approximately fulfill the functions required for approved interlocks or contact locks.

(d) Hoistway Door Interlocks and Operating Cams.

(1) Operation of the driving machine when a hoistway door is unlocked is permissible only under the following conditions:

(A) By a car-leveling or truck-zoning device.

(B) By a combination hoistway access switch and operating device on constant-pressure or car-switch type elevators.

(D) Those manually operated doors specified in Exceptions No. 1 and No. 2, section 3021(a), and in Exceptions No. 1 and No. 2, section 3021(b), may be equipped with interlocks that are unlocked by a stationary cam on the car, provided the circuits are so arranged that the power will be cut off the machine and the brake applied, if the door is not closed or if the car travels more than one foot away from the floor before the door is locked.

(E) When the elevator is equipped with an advance start or pulse start feature that allows the building up of the starting motor torque while the doors are in the last phase of the closing operation and may result in the car moving a short distance away from the floor if the closing of the doors is interrupted. This feature will be allowed only after written approval has been granted by the division.

(F) Existing elevators equipped with emergency release buttons permitted by the exception to section 3021(i).

(G) Elevators which can be started from the car only may be provided with an auxiliary lock at the lowest landing used in connection with the unlocking means for the lowest landing door so arranged that the car can leave the landing with the auxiliary lock in the unlocked position provided the circuits are so arranged that the power will be cut off and the brake applied should the car travel more than one foot away from the landing before the auxiliary lock locks.

(2) Interlocks shall conform to the following requirements:

(A) Interlock contacts shall be positively opened by the locking member or by a member connected to and mechanically operated by the locking member, and the contacts shall be maintained in the open position by the action of gravity or by means of the opening member.

(B) The interlock shall hold the door in the locked position by means of gravity or by a restrained compression spring on a rod or in a tube, or by both, or by means of the opening member.

(C) The interlock shall lock the door in the closed position before the driving machine can be operated by the normal operating device.

Devices which permit operation of the driving machine by the normal operating device before the door is closed, or when the door is closed but before it is locked, are not interlocks and are not permitted where interlocks are required by these regulations.

Exception to Subsection 3021(d)(2)(C):
As provided in section 3021(d)(1).

(D) Elevator hoistway doors or gates shall not be arranged to be unlocked from outside the hoistway except where the unlocking means is of a type which cannot function unless the elevator car is at or within 30 in. (762 mm) of the landing.

Exception to Subsection 3021(d)(2)(D):
Doors or gates at the lowest landing that are equipped with auxiliary locks zoned so the power will be cut off the machine and the brake applied if the door is not closed or if the car travels more than one ft (305 mm) away from the floor, before the door is locked.

(E) Interlocks used with multi-section doors shall conform to the following requirements:

1. They shall lock all sections of the door, but may be applied to only one section of the door, provided the device to interconnect the door sections is so arranged that the locking of one section insures that all sections are closed and cannot be opened.

Exceptions to Subsection 3021(d)(2)(E):
1. Existing swing sections with auxiliary contacts on the section held closed by an overlapping astragal on the door equipped with an interlock.
2. Vertically sliding bi-parting doors installed before June 5, 1947.

2. Where used with vertically sliding biparting counterbalanced doors, they shall be so arranged that the interlock contacts are mechanically held in the open position by the door or devices attached thereto unless the door is in the closed position.

3. Where used with center-opening horizontally swinging doors, both door sections shall be equipped with interlocks.

4. Where a door-closer, used with a combination sliding and swinging door, is arranged to be disconnected to allow the sliding panel to swing, it shall be so designed and installed that it shall not make the interlock contact when disconnected and released.

(F) Interlock systems employing a single master switch for more than one door are prohibited.

(3) Retiring cams used to actuate an interlock shall exert a force at least double the average force required to operate the interlock and shall have a movement at least 1/2 in. (13 mm) more than the average movement required to operate the interlock. An interlock retiring cam shall be permanently marked by the manufacturer with:

(A) Its rated horizontal force.

(B) Its rated horizontal movement.

(4) The vertical face of any retiring cam, used for operating an interlock shall not exceed 18 in. (457 mm) in length unless the elevator is arranged to level automatically and is equipped with power-opened landing doors.

Exceptions to Subsection 3021(d)(4):
1. Elevators equipped with a truck-loading device.
2. Cams installed on elevators before June 5, 1947.

(5) Interlocks shall be so located that they are not accessible from the landing side when the hoistway doors are closed.

(e) Hoistway Gate Combination Mechanical Locks and Electric Contacts (Contact Locks).

(1) Hoistway gate combination mechanical locks and electric contacts are permitted for hoistway gates of existing freight elevators only.

(2) Operation of the driving machine when a hoistway gate is not in the closed position is not permissible.

Exception to Subsection 3021(e)(2):
By a car-leveling or truck-zoning device.

(3) Contact locks shall conform to the following requirements.

(A) Contact locks, except existing locks installed before 1947, shall be so designed and installed that the locking member and the electric contact are in a single unit. They shall be so installed and adjusted that the electric contact cannot close until the gate is in the closed position and so that the locking member is in a position to lock the gate when or before the contact closes.

(B) The electric contact shall be positively opened by the locking bar of the mechanical lock, or by a lever or other device attached to and operated by the gate, and the contact shall be maintained in the open position by means other than depending solely on the operation of a spring or springs.

(C) The function of a contact lock to hold a gate in the locked position shall not depend solely on a spring or springs, except that a coil (helical) spring in compression may be used if retained on a rod or in a tube to prevent separation in case of failure.

(D) Contact locks used with multisection gates shall conform to the following requirement.

1. They shall lock all sections of the gate, but may be applied to only one section provided the device used to interconnect the gate sections is so arranged that the locking of one section insures that all sections are closed and cannot be opened.

(4) The vertical face of any cam used for operating a contact lock shall not exceed 18 in. (457 mm) in length.

Exception to Subsection 3021(e)(4):
Elevators equipped with a truck-loading device.

(f) Tests and Approvals.

(1) Each type and make of hoistway door interlock and hoistway gate combination lock and electric contact (contact lock) shall be approved by the Division of Occupational Safety and Health. See Design section 3110.

(2) Approved devices shall be marked for identification. The marking shall be permanent and shall include the following:

(A) Manufacturer's name or trademark.

(B) Type of style letter or number.

(D) Rated test force and test movement on installations requiring a retiring cam.

(g) Closed Position of Hoistway Doors. Hoistway doors shall be considered to be in the closed position under the following conditions:

(1) For horizontally sliding or swinging doors, when the leading edge of the door is within 3/8 in. (9.5 mm) of the nearest jamb or when the panels of horizontally sliding center-opening doors are within 3/8 in. (9.5 mm) of contact with each other.

Exception to Subsection 3021(g)(1):
The doors shall be considered to be in the closed position at 4 in. (102 mm) from the jamb on existing elevators provided:
1. The elevator can be started from the car only.
2. The doors are provided with closers to fully close and lock the door after the car has started.
3. The doors cannot be reopened from the landing side within the 4 in. (102 mm) zone.
4. If such elevators can be converted to collective operation for night service, the closed position shall be not more than 2 in. (51 mm) when on the automatic operation.

(2) For vertically sliding biparting counterbalanced doors, when the closing doors are not more than 3/4 in. (19 mm) from their stopped position. See section 3020(b)(6)(C).

Exception to Subsection 3021(g)(2):
This distance may be increased to 1 1/4 in. (31 mm) when new safety astragals are installed to replace existing solid astragals.

(h) Closed Position of Hoistway Gates. Hoistway gates shall be considered to be in the closed position under the following conditions.

(1) For vertically sliding, counterbalanced gates, when the space between the bottom of the gate and the sill is not more than 2 in. (51 mm).

(2) For horizontally sliding or swinging gates, when the space between the edge of the gate and the nearest face of the strike jamb does not exceed 2 in. (51 mm).

(i) Interlock By-Pass Switch (Emergency Release). No emergency release switch shall be provided in or on any elevator to render the hoistway door interlocking circuit or the car door or gate contact circuit inoperative.

Exception to Subsection 3021(i):
Existing elevators which can be started from the car only that are provided with a constant pressure key switch or a constant pressure button requiring a pressure of at least 10 lbf (44.5 N) to operate. This device shall be located above the normal operating device not less than 6 ft (1.83 m) above the car floor.

(j) Elevator Parking Device. An elevator parking device shall be provided on car switch elevators at one landing, and may be provided at other landings, except on elevators having hoistway doors which are automatically unlocked when the car is within the landing zone.

Parking devices shall conform to the following requirements:

(1) They shall be mechanically or electrically operated.

(2) They shall be so designed and installed that friction or the breaking of any spring used in the device will not permit opening or unlocking a door when the car is outside the landing zone of that floor.

(3) Springs, where used, shall be of the restrained compression type which will prevent separation of parts in case the spring breaks.

(k) Hoistway Access Switches.

(1) Elevators equipped with power-operated hoistway doors or elevators equipped with manually operated vertical biparting doors shall be provided with access switches at one upper landing to permit access to the top of the car, and at the lowest landing to permit access to the pit if this landing is the normal point of access to the pit.

Exception to Subsection 3021(k)(1):
Access to the top of elevators with a travel 15 ft (4.57 m) or less.

(A) Observation elevators with manually operated hoistway doors shall be provided with access switches at one upper landing to permit access to the top of the car.

(2) Hoistway access switches shall conform to the following:

(A) The switch shall be installed only at access landings.

(B) The switch shall be installed in the hoistway entrance frame or within 12 in. (305 mm) of the entrance frame of the elevator with which it is identified, and not less than 3 ft (914 mm) nor more than 78 in. (1.98 m) above floor level.

(C) The switch shall be of the continuous-pressure, spring return type, and shall be operated by a cylinder type lock having not less than a 5-pin or 5-disc combination with the key removable only when the switch is in the off position. The lock shall not be operable by any key which will operate locks or devices used for other purposes in the building except where locks are provided in the car top emergency exit covers the key may also unlock the exit cover. The key shall be available to and used only by elevator inspectors, maintenance men, and repairmen.

(3) The operation of the switch at either access landing shall permit, and may initiate and maintain, movement of the car with the hoistway door at this landing unlocked or not in the closed position; and with the car door or gate not in the closed position, subject to the following:

(A) The operation of the switch shall not render ineffective the hoistway door interlock at any other landing.

(B) The car cannot be operated at a speed greater than 150 fpm (0.76 m/s).

1. Landing operating devices of continuous pressure operation elevators, and car and landing operating devices of automatic operation elevators, shall first be made inoperative by means other than the access switch. This means shall be located in the car and shall be key operated or located behind a locked cover.

2. Power operation of the hoistway door and the car door or gate is inoperative.

(D) Automatic operation by a car-leveling device is inoperative.

(E) The top-of-car operating device is inoperative.

(F) The movement of the car initiated and maintained by the top access switch shall be limited in the down direction to a travel not greater than the height of the car crosshead above the car platform, and limited in the up direction above the access landing to the distance the car apron extends below the car platform.

(4) Where electrically operated switches, relays, or contractors are used to render inoperative the hoistway door interlock or the car door or gate contact, the control circuits shall be arranged to conform to the requirements of section 3040(f)(3); and, in addition, to render the normal car and hall operation ineffective if any such switch, relay, or contractor fails to function in its intended manner.

(l) Passenger elevators installed after January 1, 1989 shall have the hoistway and/or car doors arranged as follows:

(1) When a car is outside the unlocking zone, the hoistway doors or car doors shall be so arranged that the hoistway doors or car doors cannot be opened more than 4 in. (102 mm) from inside the car.

(2) When the car doors are so arranged that they cannot be opened when the car is outside the unlocking zone, the car doors shall be openable from outside the car without the use of special tools.

(3) The unlocking zone shall extend from the landing floor level to a point no greater than 18 in. (457 mm) above or below the landing floor level.

(4) The arrangement required by subsection 3021(l)(1) shall not restrict the opening to the extent that the floor numbers required by subsection 3041(c)(5) cannot be located and observed.

(5) The arrangement required by subsection 3021(l)(2) shall not constitute a violation of subsection 3022(c)(5) if the doors can be opened sufficiently to determine the numbers required by subsection 3041(c)(5).

Title 24, part 7, section 7-3021

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. Amendment of subsection (k)(1) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsections (a), (d)(2)(D), (d)(2)(E), (J), (k)(4) and new Exceptions of subsection (c) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Repealer and new subsection (k)(2) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

4. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

5. Change without regulatory effect filed 6/21/90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 35).

6. Editorial correction of printing error in subsection (l) (Register 91, No. 32).

7. Amendment of subsection (k)(1) and Reference citation added; filed 7-1- 91; operative 7-31-91 (Register 91, No. 43).

§3022. Power Operation of Doors and Gates.

Note • History

(a) Types of doors and gates permitted.

(1) Where both a hoistway door and a car door or gate are opened and/or closed by power, the hoistway door and the car door or gate shall:

(A) Both be of the horizontally sliding type or

(B) Both be of the vertically sliding type.

(b) Power Opening.

(1) Power opening of a car door or gate shall be subjected to the following:

(A) Power opening shall occur only when the car is at rest at the landing or is leveling except that on elevators with static control, power shall not be applied to open car doors until the car is within 12 in. (305 mm) of the landing.

(B) Collapsible-type car gates shall not be power opened to a distance exceeding 1/3 the clear gate opening, and in no case more than 10 inches.

(2) Power opening of a hoistway door shall conform to the following:

(A) Power opening shall occur only at that landing where the car is stopping, is leveling, or is at rest; and shall start only when the car is within the landing zone or is within 30 in. (762 mm) above or 30 in. (762 mm) below the landing where an automatic car leveling device is provided, except that on static control elevators, opening shall not begin until the car is within 12 in. (305 mm) of the landing.

(B) Power opening may be initiated automatically through control circuits provided that when stopping under normal operating conditions, the car shall be at rest or substantially level with the landings before the hoistway door is in the fully open position.

(C) Sequence opening of a vertically sliding, biparting hoistway door and adjacent car gate shall be provided where required by section 3022(e)(1).

(1) Where a car door or gate is closed by power, or is of the automatically released, self-closing type and faces a manually operated or self-closing hoistway door, the closing of the car door or gate shall not be initiated unless the hoistway door is in the closed position.

Exception to Subsection 3022(c)(1):
Where a car door or gate is closed by power through continuous pressure of a door closing switch, or of the car operating device, and where the release of the closing switch or operating device will cause the car door or gate to stop or to stop and reopen.

(A) The closing mechanism shall be so designed that the force necessary to prevent closing of a horizontally sliding door or gate from the rest shall be not more than 30 lbf (133 N).

(2) Horizontally sliding or vertically sliding biparting hoistway doors may be closed by continuous pressure means subject to the following:

(A) The release of the closing means shall cause the hoistway door and a power-operated or power-closed car door or gate to stop or to stop and reopen.

(B) The operation of the closing means at any landing shall not close the hoistway door at any other landing nor the car door or gate when the elevator is at any other landing.

(C) For elevators having more than one hoistway opening at any landing level, a separate closing means shall be provided in the car for each car door or gate and its adjacent hoistway door. Any closing means at a landing shall close only that hoistway door and the car door or gate at the side where such means is located.

Exception to Subsection 3022(c)(2)(C):
A separate closing means need not be furnished in the car for a horizontally sliding hoistway door and adjacent car door or gate which conform to the requirements of section 3022(c).

(D) Sequence closing of a vertically sliding, biparting hoistway door and adjacent car gate shall be provided where required by section 3022(f).

(E) Vertically sliding biparting hoistway doors shall be used only in conjunction with a vertically sliding car gate that is closed by similar means.

(3) Power closing by momentary pressure or by automatic means of horizontally sliding hoistway doors or car doors or gates shall be permitted only for automatic or constant-pressure operation elevators. The closing of the doors or gates shall be subject to the following:

(A) It shall conform to the requirements of section 3022(d).

(B) A momentary pressure switch shall be provided in the car, the operation of which shall cause the doors to stop or to stop and reopen.

(4) Power closing of vertically sliding, biparting hoistway doors by momentary pressure or by automatic means shall be subject to the following:

(A) Only in conjunction with a vertically sliding car door or gate that is closed by a similar means.

(B) A warning bell or other audible signal shall be provided on the car which will start to sound at least 5 seconds before the car door or gate starts to close and shall continue to sound until the hoistway door is substantially closed.

Exception to Subsection 3022(b)(4)(B):
The 5-second time interval may be omitted when the doors are closed by a switch in the car.

(C) Sequence closing of the hoistway door and the adjacent car gate shall be provided and shall conform to the requirements of section 3022(f).

(D) The car gate shall be equipped with a reopening device conforming with the requirements of section 3022(e).

(E) A momentary-pressure type switch shall be provided in the car and at each landing which, when operated, shall cause the hoistway doors and the car gate to stop or to stop and reopen.

(F) The average closing speed shall not exceed 1 fps (0.305 m/s) for each panel of a biparting, counterbalanced hoistway door and shall not exceed 2 fps (0.62 m/s) for a vertically sliding, counterweighted car gate.

(5) Car doors shall be arranged to be opened manually from inside the car in the event the power supply to the elevator is disconnected.

(d) Kinetic Energy and Force Limitations for Power Door Operators Used With Horizontally Sliding Hoistway Doors and Horizontally Sliding Car Doors or Gates. Where a power-operated, horizontally sliding hoistway door is closed by momentary pressure or by automatic means or is closed simultaneously with another door from one continuous pressure means, the closing mechanism shall be designed and installed to conform to the following requirements:

(1) The kinetic energy of the hoistway door and all parts rigidly connected thereto, computed for the average closing speed, shall not exceed 7 ft-lbs (9.49 J) where a reopening device for the power-operated car door or gate conforming to the requirements of section 3022(e) is used, and shall not exceed 2 1/2 ft-lbf (3.39 J) where such door reopening device is not used.

Where the hoistway door and the car door or gate are closed in such a manner that stopping either one manually will stop both, the sum of the hoistway and the car door weights, as well as all parts connected rigidly thereto, shall be used to compute the kinetic energy.

The average closing speed shall be determined by timing the closing door as follows:

(A) With single-slide and two-speed doors, determine the time required for the leading edge of the door to travel from a point 2 in. (51 mm) away from the open jamb to a point 2 (51 mm) away from the opposite jamb.

(B) With center-opening or two-speed center-opening doors, determine the time required for the leading edge of the door to travel from a point 1 in. (25 mm) away from the open jamb to a point 1 in. (25 mm) from the center meeting point of the doors.

(2) The force necessary to prevent closing of the hoistway door (or the car door or gate if self-closing or power-operated) from rest shall be not more than 30 lbf (133 N). This force shall be measured on the leading edge of the door with the door at any point between one-third and two-thirds of its travel.

(3) The weight of the doors and all parts rigidly connected thereto shall be submitted to the Division of Occupational Safety and Health.

(e) Reopening Device for Power Operated Car Doors or Gates. Where required by section 3022(c)(4)(D) or section 3022(d)(1), a power-operated car door or gate shall be provided with a reopening device which will function to stop and reopen a car door or gate and the adjacent hoistway door in the event that the car door or gate is obstructed while closing.

For center-opening doors, the reopening device shall be so designed and installed that the obstruction of either door panel, when closing, will cause the reopening device to function.

(f) Sequence Operation for Power Operated Hoistway Doors With Car Doors or Gates.

(1) Sequence operation shall be provided under the following conditions:

(A) Sequence opening and closing shall be provided for power-operated vertically sliding biparting counterbalanced doors where used on passenger elevators in conjunction with a power-operated vertically sliding car gate.

(B) Sequence closing shall be provided for power-operated, vertically sliding biparting hoistway doors and vertically sliding car gates which are closed by momentary pressure or by a timing device.

(2) The sequence operation of a vertically sliding, biparting hoistway door and adjacent power-operated vertically sliding car gate shall conform to the following:

(A) In opening, the hoistway door shall be opened at least 2/3 of its travel before the car gate can start to open.

(B) In closing, the car gate shall be closed at least 2/3 of its travel before the hoistway door can start to close.

Title 24, part 7, section 7-3022.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. Amendment of subsection (b)(3) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment of subsection (a)(2)(A) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment filed 6-23-87; operative 6-23-87 (Register 87, No. 27).

4. Change without regulatory effect filed 6/21/90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 35).

5. Editorial correction of printing error in former subsection (e) relettering to (d) as filed with Secretary of State (Register 91, No. 32).

6. Reference citation added; filed 7-1-91; operative 7-31-91 (Register 91, No. 43).

7. Editorial correction of text and History 5 (Register 95, No. 26).

Article 8. Machinery and Equipment for Power Cable-Driven Passenger and Freight Elevators

§3030. Car and Counterweight Guide Rails, Rail Supports, and Fastenings.

Note • History

(a) Guide Rails Required. All elevators and their counterweights shall be provided with guide rails.

Exception: Existing counterweights running in boxes.

(b) Material. Guide rails, guide rail brackets, rail clips, fishplates, and their fastenings shall be of steel or other metals conforming to the requirements of this section.

Exceptions:

1. Where steel may present an accident hazard, as in chemical or explosive plants, guide rails may be of selected wood or other suitable nonmetallic materials provided the rated speed of the car does not exceed 150 feet per minute.

2. Existing elevators originally installed with wood guide rails.

(d) Requirements for Metals Other Than Steel. Metals, other than steel, may be used provided the factor of safety is not less than, and the deflections not more than, the values specified in Design Section 3109, and provided that cast iron is not used.

(e) Rail Section.

(1) Guide rails shall be T-section, conforming to the nominal weights and dimensions shown in Figure No. 3030 E1 and Table 3030 E1.

Exception:

Other approved shapes may be used subject to the requirements of Design Section 3109(c).

Embedded Graphic 08.0317

FIGURE 3030 E1

T-Section Rail

(2) The cross section of existing or replacement wood guides shall be not less than those given in Table 3030 E2. The guides shall be of clear grain maple or its equivalent.

TABLE 3030 E1--STEEL GUIDE RAILS

Nominal Wt.

Per Foot Nominal Dimension in Inches

in Lbs. A B C D E

8 2 7/16 3 1/2 5/8 1 1/4 5/16

11 3 1/2 4 1/2 5/8 1 1/2 5/16

12 3 1/2 5 5/8 1 3/4 5/16

15 3 1/2 5 5/8 1 31/32 1/2

18 1/2 4 1/4 5 1/2 3/4 1 31/32 1/2

22 1/2 4 3/64 5 1/2 1 1/8 2 9/16

30 5 5 1/2 1 1/4 2 1/4 11/16

TABLE 3030 E2--WOOD GUIDE RAILS

Maximum Total Cross Section of

Weight Per Pair Each Guide Rail

of Guide Rails in Inches

3,000 1 1/2 x 1 3/4

5,000 1 7/8 x 2 1/4

8,000 2 1/4 x 2 1/4

10,000 2 5/8 x 2 3/4

14,000 4x 5 1/4

16,000 5 x 7

(f) Maximum Load on Rails in Relation to the Bracket Spacing. The maximum load on rails in relation to the bracket spacing shall be the smallest of the two values established by Sections 3030(f) (1), 3030(f) (2), and 3030(f) (3).

(1) Where a single car or counterweight safety is used, the maximum suspended weight of the car and its rated load, or the maximum suspended weight of the counterweight, including the weight of any compensating ropes or chains and of any traveling cables suspended therefrom, per pair of guide rails, shall not exceed the maximum specified in Figure No. 3030 F1 for the size of rail and the bracket spacing used.

Exception: The bracket spacing may exceed the values specified in Figure 3030 F1 for a counterweight with a safety device or for a given weight of car plus its rated load per pair of guide rails, provided:

1. The guide rail is reinforced; and

2. The moment of inertia of a single reinforced rail, about an axis (I-I) parallel to the base of the rail, shall be not less than that required by Figure 3109 D for the total weight per pair of guide rails at the bracket spacing used.

(2) Where the car or counterweight is provided with two safety devices (duplex safety), the loads specified in Figure No. 3030 F1 may be increased by the factors specified in Table No. 3030 F2.

(3) The weight of the counterweight and the bracket spacing for each rail size shall not exceed the values determined from Figures 3030 F3 A, 3030 F3 B, and 3030 F3 C or for a counterweight with a safety the values determined from Figure 3030 F1, whichever is most restrictive. In no case shall bracket spacing exceed 16 feet.

FIGURE 3030 F1

Maximum Weight of Car with Rated Load or of Counterweight with

Safety for a Pair of Guide Rails as specified in Section 3030(f)(1).

Embedded Graphic 08.0318

TABLE NO. 3030 F2

Load Multiplying Factor for Duplex Safeties

Vertical Distance Multiple Load in

Between Safeties in Feet Figure 3030 F1

18 or more 2.0

15 1.83

12 1.67

9 1.50

Embedded Graphic 08.0319

Embedded Graphic 08.0320

Embedded Graphic 08.0321

Embedded Graphic 08.0322

(4) Where the spacing between counterweight rail brackets tied to the building exceeds 10 feet, intermediate tie brackets, not required to be tied to the structure, shall be added so the distance between adjacent brackets is not more than 7 feet.

Exceptions:

(1) Existing elevators in which the counterweight rail guiding system complies with Section 200 of ANSI A17.1-1971.

(2) A period of seven years from October 6, 1975 will be allowed for counterweight rails existing on this date to comply with the requirements of Section 3030(f)(4).

(5) The maximum bracket height and minimum section modulus of the supporting leg of counterweight rail support brackets shall be determined from Figure 3030(F)(4) using the weight of the counterweight.

(A) Where gussets or diagonal struts are used, the bracket height shall be considered as the unsupported length of the bracket leg measured from the centerline of the rail.

(B) Where tie rods are used to tie the legs of the brackets together to increase the effective section modulus, the tie rods that are located across the outer ends of the brackets shall be guarded unless located more than 7 inches from the edge of the car top.

(6) The maximum bracket height and minimum section modulus of intermediate tie brackets for counterweight rails shall be determined from figure 3030(F)(4) using 1/3 the weight of the counterweight.

Exception: The counterweight guide systems of elevators need not comply with Section 3030(f)(3), Section 3030(f)(4), Section 3030(f)(5) and Section 3030(f)(6) where proper certification to the Division of Industrial Safety has been made by an engineer qualified under the Civil and Professional Engineers Act that the guide system has been designed and built to withstand the seismic forces for which the building was designed.

(g) Stresses and Deflections. The stresses and deflections in a guide rail or in a rail and its reinforcement shall not exceed those specified in Design Section 3109(a)(1), nor shall the deflections in the brackets and fastenings exceed those specified in Design Section 3109(a)(2).

(h) Guide Rail Guiding Surfaces. Guide rails shall have finished guiding surfaces.

(i) Rail Joints and Fishplates.

(1) Metal guide rails shall be joined together by fishplates of such design and strength as to withstand the forces specified in Design Section 3109(a) within the deflection limits specified.

(2) The joints of metal guide rails shall conform to the following requirements:

(A) The ends of the rails shall be accurately machined with a tongue and matching groove centrally located in the web.

(B) The backs of the rail flanges shall be accurately machined, in relation to the rail guiding surfaces, to a uniform distance front to back of the rails to form a flat surface for the finished fishplates.

(D) The width of the fishplate shall be not less than the width of the back of the rail.

(E) The thickness of the fishplates and the diameter of the bolts for each size of guide rail shall be not less than specified in Table No. 3030 I2.

(F) The diameter of bolt holes shall not exceed the diameter of the bolts by more than 1/16 inch for guide rails nor 1/8inch for fishplates.

TABLE NO. 3030 I2

Minimum Thickness of Fishplates and

Minimum Diameter of Fastening Bolts

Nominal Weight Minimum Thickness Minimum Diameter

of Guide Rail in of Fishplates Of Bolts

Pounds Per Foot In Inches In Inches

8 9/16 1/2

11 11/16 5/8

12 11/16 5/8

15 11/16 5/8

18 1/2 13/16 3/4

22 1/2 13/16 3/4

30 15/16 3/4

(j) Overall Length of Guide Rails. The top and bottom ends of each run of guide rail shall be so located in relation to the extreme positions of travel of the car and counterweight that the car and counterweight guiding members cannot travel beyond the ends of the guide rails. This shall mean from the bottom of the pit to the underside of the overhead slab or beams.

(k) Guide Rail Brackets and Building Supports.

(1) The building construction forming the supports for the guide rail brackets shall be of such design as to:

(A) Safely withstand the application of the car or counterweight safety when stopping the car and its rated load or the counterweight.

(B) Withstand the forces specified in Design Section 3109(a) within the deflection limits specified.

Where necessary, the building construction shall be reinforced to provide adequate support for the guide rails.

Note: Hoistway enclosure walls of brick, terra cotta, and similar materials, used in buildings of steel and concrete construction, are usually insufficient in strength to form by themselves adequate supports for the guide rails.

(C) Withstand seismic forces created by accelerations of 0.5 g horizontally acting on the car and/or counterweight in their most adverse position in relation to any bracket without deflecting more than 1/4” and without exceeding 88% of the yield strength of the material used.

(2) Guide rail brackets shall be secured to their supporting structure by means of bolts, rivets, or by welding to withstand forces described in Section 3030(k)(1)(C). Fastening bolts and bolt holes in brackets and their supporting beams shall conform to the requirements of Section 3030(z). Welding shall conform to Section 3033(g).

(3) Bracket fastening to building structures designed to provide controlled movement between the brackets and the building shall be of a type acceptable to the Division and shall be of a design supported by engineering calculations.

(l) Fastening of Guide Rails to Rail Brackets.

(1) Guide rails shall be secured to their brackets by clips or by bolts.

(2) The size of bolts used for fastening the guide rails or rail clips to the brackets shall be not less than specified in Table No. 3030 L2.

TABLE NO. 3030 L2

Minimum size of Rail Fastening Bolts

Nominal Weight of Guide Rail Minimum Diameter of Bolts

in Pounds Per Foot in Inches

8 1/2

11 5/8

12 5/8

15 5/8

18 1/2 5/8

22 1/2 3/4

30 3/4

(3) The diameter of holes or the width of slots for fastening bolts shall not exceed the diameter of the bolt by more than 1/16inch. Where slots are used for adjustment of the distance between guide rails, the brackets shall be secured in their final position by a bolt not less than 3/8 inch diameter or by welding.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. Amendment of subsection (k)(2) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Amendment of subsections (f) and (k), Figure 3030 F1, Figure 3030 F2, Figure 3030 F3A, Figure 3030 F3B, Figure 3030 F3C, and Table 3030 F4 which were filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30 for technical reasons.

4. Repealer of subsections (f)(3)(A), (f)(3)(B), Table 3030 F4, (f)(4) and new subsections (f)(4), (f)(5) and (f)(6) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

5. Editorial correction of subsection (b) and Table 3030 E1 (Register 95, No. 26).

6. Change without regulatory effect amending subsection (e)(1) to provide more legible illustration in Figure 3030 E1 filed 5-1-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 18).

§3031. Car and Counterweight Buffers and Bumpers.

Note • History

(a) Type Required.

(1) Buffers or bumpers shall be installed under the cars and counterweights of all cable-driven power elevators.

Exception: Counterweights of existing elevators which have never had bumpers or buffers.

(2) Spring buffers, oil buffers, or their equivalent, shall be used on all cable-driven power elevators.

Exception: Solid bumpers of rubber, wood, or other material having similar shock absorbing qualities may be used on:
1. Existing installations of solid bumpers.
2. Existing elevators having a rated speed of 50 feet per minute or less which have never had bumpers.

(3) Oil buffers or their equivalent shall be used where the rated speed is in excess of 200 feet per minute.

Exceptions:
1. Installations of bumpers or spring buffers made before June 5, 1947.
2. Where Type C safeties are used, solid bumpers may be used under the car.

(b) Location.

(1) Buffer or bumpers shall be located symmetrically with reference to the vertical centerline of the car frame or the counterweight frame, within the tolerance of 2 inches. The car bumpers or buffers shall be located so that the bottom runby does not exceed 24 inches.

(2) Buffers or bumpers shall be located in the pit.

Exceptions:
1. Oil buffers mounted on the counterweight.
2. Existing buffers mounted under the car.

(c) Stroke of Spring Buffers. Spring buffers shall be constructed so that the stroke of the buffer spring, as marked on its marking plate, shall be equal to or greater than the following:

Rated Car Speed Stroke

Feet Per Minute In Inches

100 or less 1 1/2

101 to 150 2 1/2

151 to 200 4

(1) The spring buffer shall be mounted so that the spring will be compressed solid before the car or counterweight rests on the buffer support.

(d) Load Rating of Spring Buffers. Spring buffers for cars and counterweights shall:

(1) Be capable of supporting, without being compressed solid, a static load having a minimum of twice the total weight of:

(A) The car and its rated load for car buffers.

(B) The counterweight for counterweight buffers.

(2) Be compressed solid with a static load of 3 times the weight of:

(A) The car and its rated load for car buffers.

(B) The counterweight for counterweight buffers.

Exception: When Section 3019(a)(2) necessitates a greater load rating.

(e) Marking Plate for Spring Buffers. Each spring buffer shall have permanently attached to it a metal plate marked in a legible and permanent manner to show its stroke and load rating. (The load rating is the load required to compress the spring an amount equal to its stroke.)

(f) Stroke of Oil Buffers. The minimum stroke of oil buffers shall be based on the requirements outlined in Design Section 3108(a). Table 3031 F indicated the minimum buffer strokes for the most usual rated speeds.

Exception: When oil buffers are used in conjunction with an emergency terminal stopping device conforming to the requirements of Section 3039(c) which will limit the speed at which the car or counterweight can strike its buffer the following shall apply:
1. Reduce stroke oil buffers may be used on modernization installations in existing hoistways provided that the stroke of the buffer shall be as long as possible for the existing conditions.
2. Reduced stroke oil buffers may be used for new installations when installed as follows: The buffer stroke shall be based on at least 115% of such reduced striking speed on an average retardation not exceeding 32.2 ft/s2 (9.81 m/s2). In no case, shall the stroke used be less than 50% of the stroke required by Section 3031(f) for rated speeds under 800 fpm (4.06 m/s), nor less than 33-1/3% or 18 inch (457 mm), whichever is greater, for rated speeds of 800 fpm (4.06 m/s) or more.

Note: See Section 3031(m). Testing of Oil Buffers.

TABLE NO. 3031F

Minimum Buffer Strokes

115% of Minimum Strokes

Rated Speed In Rated Speed in of Oil Buffers

Feet Per Minute Feet Per Minute In Inches

200 230 2 3/4

225 259 3 1/4

250 288 4 1/4

300 345 6 1/4

350 402 8 1/4

400 460 11

450 517 13 3/4

500 575 17

600 690 24 3/4

700 805 33 1/4

800 920 43 3/4

900 1035 55 1/2

1000 1150 68 1/2

1100 1265 83

1200 1380 98 1/2

1300 1495 115 1/2

1400 1610 134 1/2

1500 1725 154

1600 1840 175 1/4

1700 1955 197 3/4

1800 2070 221 3/4

1900 2105 247

2000 2300 273 3/4

* Where buffers of the stroke specified are not provided, the requirements of Section 3031(f) exceptions apply.

GENERAL NOTE:1 fpm=5.08 E-03 m/s1 in.=25.4 mm

(g) Retardation by Oil Buffers. Buffer retardation rates shall conform to the requirements of Design Section 3108(b).

(h) Factor of Safety for Oil Buffer Parts. The factor of safety of oil buffer parts shall conform to the requirements of Design Section 3108(c).

(i) L/R for Members Under Compression as Columns. The L/R ratio for oil buffer members shall conform to Design Section 3108(d).

(j) Plunger Return Requirements. Oil buffers shall be so designed that:

1. The buffer plunger of the gravity-return and spring-return type oil buffers, when the buffer is filled with oil, shall, when released after full compression, return to its fully extended position within 90 seconds.

2. The plunger of a spring-return type oil buffer with a 50 pound weight resting on it shall, when released after being compressed 2 inches, return to the fully extended position within 30 seconds.

3. Car and counterweight buffers of the spring-return type shall be provided with a switch, operated by the buffer in case it is compressed more than 3 inches, and so connected to the control circuit that the speed of the descending car or counterweight shall not exceed 1/2 the rated speed unless the buffer plunger returns to within 3 inches of its normal position.

Exception: Elevators with buffers installed before June 5, 1947.

(k) Means for Determining Oil Level. Oil buffers shall be provided with means for determining the oil level, and that the level is within the maximum and minimum allowable limits. Glass sight gages shall not be used.

(l) Approval of Oil Buffers. Every type oil buffer shall be approved by the Division of Industrial Safety before installation. The approval shall be based on tests witnessed by a representative of the division, or certified test reports as specified in Design Section 3108(g) may be accepted.

(m) Testing of Oil Buffers. On each installation of an elevator equipped with oil buffers, a field test of the buffers shall be made, and witnessed by a representative of the division, consisting of running the car with rated load onto its buffer at rated speed and the counterweight onto its buffer at rated speed with the car empty. In making these tests, the normal terminal limit switches shall be made temporarily inoperative, and the final terminal limits shall remain operative but shall be temporarily relocated if necessary to permit full compression of the buffer during the tests.

Exception: (Section 3031(m))

Reduced stroke buffers shall be struck at speeds reduced to conform to the stroke of the buffer used, and the test shall demonstrate that no part of the car or counterweight will contact the overhead structure. Failure to so demonstrate shall require adjustments or modifications acceptable to the division.

(n) Load Ratings of Oil Buffers. The minimum and maximum load ratings of car and counterweight oil buffers as indicated on the buffer marking plate shall conform to the following:

1. The minimum load rating shall be not greater than:

(A) For car oil buffers, the total weight of the car as marked on the crosshead data plate plus 150 pounds.

(B) For counterweight oil buffers, the weight of the counterweight used.

2. The maximum load rating shall be not less than:

(A) For car oil buffers, the total weight of the car as marked on the crosshead data plate plus the rated load.

(B) For counterweight oil buffers, the weight of the counterweight used.

(o) Oil Buffer Marking Plate. Every installed oil buffer shall have securely attached thereto a metal plate, marked by the manufacturer in a legible and permanent manner, indicating:

1. The maximum and minimum loads and the maximum striking speed for which the buffer has been approved.

2. The manufacturer's identifying type or number of the buffer.

3. The permissible range in viscosity of the buffer oil to be used, stated in Saybolt Seconds Universal at 100 F.

4. The viscosity index number of the oil to be used.

5. The pour point in degrees F. of the oil to be used.

6. The stroke.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (f), Table No. 3031 F and subsection (m) filed 5-12-83; effective thirtieth day thereafter (Register 83, No. 20). Approved by State Building Standards Commission 4-4-83.

§3032. Counterweights.

Note • History

(a) Frames. Counterweight weight sections shall be mounted in structural or formed metal frames, so designed as to retain the weights securely in place.

Exception: Existing counterweights secured together by rods and guided on slots in the guide weights or by separate guide shoes.

(1) The counterweight frame shall be constructed so the nominal clearance between the face of the rail and the frame does not exceed 1/2” on each side at the approximate center of the frame.

(2) The counterweight frame and subweights shall be constructed so the subweights occupy not less than 2/3 of the counterweight frame space.

(b) Tie Rods. At least two tie rods shall be provided which shall pass through all weight sections and through the top and bottom structural members. Tie rods shall be provided with lock nuts and cotter pins at each end.

Exceptions:
1. Counterweights installed before June 5, 1947, shall be securely retained in place. See Section 3032(g).
2. Tie rods are not required where other means are provided to retain weight sections in place if they become broken.
3. The tie rods need not pass through the top structural member provided some equally effective method of retaining the weights in the frame is provided.

(1) Existing rod-type counterweights installed since June 5, 1947, shall be secured together with not less than four rods, at least two of which pass through holes in each weight section.

(2) Where material other than cast metal or steel subweights secured by tie rods in a structural frame is used as a counterweight, the plans for the counterweight shall be submitted to the Division for approval.

Exception: Existing counterweights running in boxes.

(1) Counterweight frames shall be guided on each guide rail by upper and lower guiding members attached to the frame. The guiding members or auxiliary guiding members and their attachment to the counterweight frame shall be designed to withstand seismic forces of not less than 0.5g horizontally. The clearances between the machined faces of the rail and auxiliary guiding members shall be not more than 3/16.” The engagement of the rail shall be not less than the dimension of the machined side face of the rail.

Exceptions:
(1) Elevators where proper certification to the Division of Industrial Safety has been made by an engineer qualified under the Civil and Professional Engineers Act that the counterweight guides have been designed and built to withstand the seismic forces for which the building was designed.
(2) A period of seven years from October 6, 1975 will be allowed for counterweights of elevators existing on this date to comply with the requirements of Section 3032(c)(1).

(d) Design Requirements for Frames and Rods. The frame members and their connections shall be designed with a factor of safety of not less than 5 with the elevator at rest and the counterweight at the top of its travel.

Frames and rods shall be made of steel or other metals conforming to the requirements for materials in car frames in Section 3033(f).

Connections between frame members shall conform to the requirements in Section 3033(g).

(e) Sheaves. Where a hoisting sheave or sheaves is mounted in the frame, the requirements of Design Section 3101(b)(1) shall apply.

(f) Suspension Rope Hitch Plates or Shapes. Where counterweights are suspended by ropes attached directly to the frames by means of rope fastenings, the rope attachments shall conform to Section 3033(m).

(g) Securing of Weights in Frames. The weights shall be mounted and secured in the frames to prevent shifting of the weights by an amount which will reduce the running clearances to less than those specified in Section 3018(b).

(h) Overhead Stops for Counterweights of Drum Type Elevators. There shall be secured at the upper limit of travel of the counterweights of all elevators having winding drum machines, an I-beam or other obstruction so that the counterweights cannot be drawn up into the overhead sheaves or drum.

(i) Cars Counterbalancing One Another. An elevator car shall not be used to counterbalance another elevator car.

(j) Compensating Chain or Rope Fastenings. Compensating chains or ropes shall be fastened to the counterweight frame directly or to a bracket fastened to the frame and shall not be fastened to the tie rods.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a), (b) and (c) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. Amendment of subsection (b) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Amendment of subsections (a), (b) and (c) which were filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30 for technical reasons.

4. Amendment of exception within subsection (c)(1) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

§3033. Car Frames and Platforms.

Note • History

(a) Car Frames Required. Every elevator suspended by wire ropes shall have a car frame consisting of a cross head, uprights (stiles), and a plank located approximately at the middle of the car platform, and in no case farther from the middle than 1/8 of the distance from front to back of the platform.

(b) Guiding Members. Car frames shall be guided on each guide rail by upper and lower guiding members attached to the frame.

(c) Design of Car Frames and Guiding Members. The frame and its guiding members shall be designed to withstand the forces resulting under the loading conditions for which the elevator is designed. See Section 3037.

(d) Underslung or Sub-Post Car Frames. The vertical distance between the top and bottom guide shoes of an elevator car having a subpost car frame, or having an underslung car frame located entirely below the car platform, shall be not less than 40 percent of the distance between guide rails.

(e) Car Platforms. Every elevator car shall have a platform consisting of a nonperforated floor attached to a platform frame supported by the car frame, and extending over the entire area within the car enclosure. The platform frame members and the floor shall be designed to withstand the forces developed under the loading conditions for which the elevator is designed and installed.

Exception to Subsection 3033(e):
Platform frames are not required where laminated platforms are provided. Laminated platforms may be used for passenger elevators having a rated load of 5,000 lbs. (2270 kg) or less. The deflection at any point of a laminated platform, when uniformly loaded to rated capacity, shall not exceed 1/960 of the span. The stresses in the steel facing shall not exceed 20% of its ultimate strength. The stresses in the plywood core shall not exceed 60% of the allowable stresses specified in Table 3. Allowable stresses for Plywood, in the American Plywood Association, Plywood Design Specification (PDS), Form No. Y510, August 1986/Revised December, 1990, which is hereby incorporated by reference.

(f) Materials for Car Frames and Platform Frames.

(1) Materials used in the construction of car frames and platforms shall conform to the following:

(A) Car frames and outside members of platform frames shall be made of steel or other metals.

(B) Platform stringers of freight elevators designed for Class B or C loading shall be of steel or other metals.

(C) Platform stringers of passenger elevators and of freight elevators designed for Class A loading shall be made of steel or other metals, or of wood.

(D) Cast iron shall not be used for any part subject to tension, torsion, or bending.

Exceptions:
1. Guiding supports.
2. Guide shoes.
3. Compensating rope anchorages.

(2) Steel, where used in the construction of car frames and platforms, shall conform to the requirements of Design Section 3101(a).

(3) Metals other than steel may be used in the construction of car frames and platforms provided the metal used has the essential properties to meet all the requirements for the purpose in accordance with acceptable engineering practices, and providing the stresses and deflections conform to the requirements of Sections 3101(a)(4) and 3101(a)(5).

(4) Wood used for platform stringers and for platform floors and subfloors shall be of clear, structural quality lumber conforming to the requirements of Design Section 3101(a)(2).

(g) Car Frame and Platform Connections. Connections between members of car frames and platforms shall be riveted, bolted, or welded, and shall conform to Design Section 3101(a)(4) and to the following:

(1) Bolts used through flanges of structural members where the flanges slope more than 5o shall have boltheads of the tipped-head type or shall be fitted with beveled washers.

(2) Nuts used on the flanges of structural members where the flanges slope more than 5o shall seat on beveled washers.

(3) Welding of parts upon which safe operation depends shall be done in accordance with the appropriate standards established by the American Welding Society. All welding of such parts shall be done by welders qualified in accordance with the requirements of the American Welding Society. At the option of the manufacturer, the welders may be qualified by one of the following:

(A) By the manufacturer.

(B) By a California licensed Professional Engineer.

Exception: Tack welds not later incorporated into finished welds carrying calculated loads.

(h) Protection of Platforms Against Fire. The underside of wood platforms and the exposed surfaces of wood platform stringers of passenger elevators shall be protected against fire by one of the following methods:

(1) By covering with sheet steel of at least No. 27 M.S. gage or with equally fire retardant material.

(2) By painting with fire retardant paint. See Design Section 3101(a)(3).

(3) Fire retardant treated wood.

(i) Platform Guards (Aprons). The entrance side of the platform of passenger and freight elevators equipped with leveling devices or truck-zoning devices shall be provided with smooth metal guard plates of not less than No. 16 M.S. gage steel, or material of equivalent strength and stiffness, adequately reinforced and braced to the car platform and conforming to the following:

(1) It shall extend not less than the full width of the widest hoistway door opening.

(2) It shall have a straight vertical face, extending below the floor surface of the platform, of not less than the depth of the leveling or the truck zone, plus 3 inches.

(3) The lower portion of the guard shall be bent back at an angle of not less than 60 degrees nor more than 75 degrees from the horizontal. The bent portion shall be not less than 3 inches long.

(4) The guard plate shall be securely braced and fastened in place to withstand a constant force of not less than 150 pounds applied at right angles to and at any position on its face without deflecting more than 1/4 inch, and without permanent deformation.

(j) Maximum Allowable Stresses in Car Frame and Platform Members. The stresses in car frame and platform members, based on the static load imposed upon them, shall not exceed those specified in Design Section 3101(a)(4).

(k) Maximum Allowable Deflections of Car Frame and Platform Members. The deflections of car frame and platform members, based on the static load imposed upon them, shall be not more than those specified in Design Section 3101(a)(5).

(l) Car Frames With Crosshead Sheaves. Where a hoisting rope sheave is mounted on the car frame, the construction shall conform to Design Section 3101(b).

(m) Hoisting Rope Hitch Plates or Shapes. Where cars are suspended by hoisting ropes attached to the car frame by means of rope shackles, the shackles shall be attached to steel hitch plates or to structural or formed steel shapes. Such plates or shapes shall be secured to the underside or to the webs of the car frame member with bolts, rivets, or welds so located that the tensions in the hoisting ropes will not develop direct tension in the bolts or rivets. The stresses shall not exceed those permitted by Design Sections 3111(c) and 3111(d).

(n) Calculation of Stresses in Car Frame and Platform Frame Members. The calculation of the stresses and deflections in the car frame plank and uprights, and platform frames, shall be based on the formulas and data in Design Section 3101.

(o) Platform Side Braces. Where side bracing and similar members are attached to car frame uprights, the reduction in area of the upright shall not reduce the strength of the upright below that required by Design Section 3101(a)(4).

(p) Hinged Platform Sills. Hinged platform sills shall conform to the following requirements:

(1) They shall be provided with electric contacts which will prevent operation of the elevator by the normal operating device unless the hinged sill is within 2 inches of its fully retracted position, provided that when in this position the sill shall not reduce the clearance specified in Section 3018(d).

(2) The elevator may be operated by the leveling device in the leveling zone with the sill in any position.

(Title 24, Part 7, Section 7-3033)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. Amendment of subsections (g)(1) and (g)(2) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. New Exception to subsection (e), statement prior to Note and Note filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

3. Editorial corrections (Register 95, No. 26).

§3034. Car Enclosures and Car Doors and Gates.

History

(a) Passenger and Freight Enclosures, General. All elevator cars shall be permanently enclosed on all sides and the top, except that portion which is used as an entrance or entrances.

Exceptions:
1. Existing freight elevators which shall comply with Section 3034(c).
2. Emergency exit panels.

(1) The enclosure shall be securely fastened to the car platform and so supported that it cannot loosen or become displaced in ordinary service or on application of the car safety or on buffer engagement.

(2) The enclosure walls shall be of such strength and be so designed and supported that when subjected to a pressure of 75 pounds applied horizontally at any point on the walls of the enclosure, the deflection will not reduce the running clearance below the allowed minimum.

(3) No elevator car shall have more than one compartment. Two compartments in the same horizontal plane will be permitted, provided that access to the landings can be had through only one of them.

Exceptions: Passenger elevators or freight elevators may have two compartments, one of which is located immediately above the other provided the compartmented elevator conforms to the following requirements:
1. The elevator shall be used exclusively for passengers or exclusively for freight at any one time.
2. Each compartment shall conform to the requirements of this Section except that a trap door in the floor of the upper compartment shall provide access to the top emergency exit for the lower compartment.
3. Where either or both compartments are intended for passenger service, the minimum rated load for each compartment shall conform to the requirements of Section 3037(a).
Where one compartment is intended for freight use, its minimum rated load shall conform to the requirements of Section 3037(a) or shall be based on the freight loads to be handled, if greater than the minimum rated load required by Section 3037(a).
Where both compartments are used exclusively for freight, the minimum rated load of each compartment shall conform to the requirements of Section 3037(a).
The rated load of the elevator shall be the sum of the rated loads of the individual compartments.
4. An emergency stop switch conforming to the requirements of Section 3040(b)(5) shall be provided in each compartment and these emergency stop switches shall be so connected that the car cannot run unless both are in the run position.
5. All hoistway doors shall be closed and locked and the car doors for each compartment closed before the car can be operated.

(4) An emergency exit with a cover shall be provided in the top of all new elevators except observation-type elevators and in the top of all passenger elevator cars installed since June 5, 1947. On elevators installed after April 16, 1970, the emergency exit shall conform to the following:

(A) The exit opening shall have an area of not less than 400 square inches, and shall measure not less than 16 inches on any one side.

(B) The exit shall be so located as to provide a clear passage of not less than 400 square inches unobstructed by fixed elevator equipment, including lighting equipment located in or on top of the car.

(C) The exit cover shall open outward and shall be hinged or otherwise attached to the car top and so arranged that the cover can be opened from the top of the car and from inside the car by means of a spring return 5 pin or disc tumbler lock that allows the exit to be opened from the car with a key and from the top of the car without a key.

The key shall be accessible to authorized personnel and no other key to the building shall unlock the emergency exit lock, except where access switches are furnished, the key used to operate the access switch may also unlock the car top emergency door lock.

Exception:
1. Exit covers arranged to be opened from the top of the car only on elevators not equipped with emergency operation described in Section 3041(d)(6).
2. The exit cover of a lower deck of a multideck elevator shall be openable from either compartment.

(D) Car top emergency exits shall be prohibited on observation type elevators. Where access to the car top is required for re-roping or other maintenance work as may be determined by the Division, access panels in the car top shall be provided secured in place so as to require a tool to remove the panel.

(5) Tops of car enclosures, including exit covers, shall be so designed and installed as to be capable of sustaining a load of 300 pounds on any square area 2 feet on a side and 100 pounds applied at any point. Simultaneous application of these loads is not required.

(6) Equipment or material which is not required for the operation of the elevator or its appliances, except where specifically provided herein, shall not be located above the top of an elevator car.

(7) Glass may be used in elevator cars provided:

(A) Glass, other than safety glass, shall be used only for covers for certificates, lighting fixtures, or other appliances necessary for the operation of the elevator providing no one piece shall exceed 1 square foot in area and the total area, excluding electric lamps, shall not exceed 4 square feet.

Exception: Existing wire glass or shatterproof glass in car doors.

(B) Safety glass meeting the requirements of ANSI A97.1, except for transparency, may be installed inside the elevator car enclosure, provided the glass is mounted in such a manner that the glass and its mountings will withstand the required elevator tests without becoming dislodged or damaged.

(8) Apparatus or equipment, other than that used in connection with the operation of the elevator, shall not be installed inside the elevator car.

Exceptions:
1. Railroad or conveyor tracks in freight elevator cars.
2. Lighting, heating, ventilating, air conditioning and sound equipment for the car.

(9) Permanent guardrails, either fixed or capable of being raised from a retracted position, shall be provided around all sides of the work area of the car top where a hoistway enclosure is not furnished to provide a safe work area for maintenance work on the car and in the hoistway.

(A) Where guardrails must be raised into position, the top of car operating station shall not be operative unless the guardrails are raised.

(b) Passenger Car Enclosures.

(1) The enclosures for passenger elevators may be of metal, wood, or other substantial material subject to the following:

(A) For new installations, they shall be of solid material from the floor to the car top.

(B) For existing installations, they shall be of solid material to a height of not less than 3 feet above the car floor. Above the solid panel and extending to the top frame of the cab, openwork may be used, provided the design shall be such that the openings will not be more than 1/2 inch square to a height of at least 6 feet from the car floor and the openings above 6 feet shall be not more than 2 inches in width.

(C) The tops of all passenger elevator cars shall be made solid, except those existing tops covered with wire screening having meshes not larger than 1/2 inch in the greatest dimension.

(2) Where car doors are used, means for ventilation shall be provided. Vent openings shall not be located in the portion of the enclosure walls extending from a point 1 foot above the floor to a point 6 feet above the floor. Vent openings less than 1 foot above the floor shall reject a ball 1 inch in diameter. Vent openings above the 6 foot level shall reject a ball 2 inches in diameter.

Vent openings shall reject a ball 3/4 inch in diameter, or shall be protected by substantial baffles, or shall be located above a ceiling, to prevent objects projecting from the car into the hoistway.

Ventilating fans or blowers, if used, shall be securely fastened in place and located above the ceiling or outside the enclosure.

(3) Side emergency exits, to allow passage between elevator platforms, shall be installed in the adjacent enclosures of elevators in adjacent hoistways where there are not intervening hoistway partitions, counterweights, or any fixed obstructions other than separator beams, and where the vertical distance between adjacent landings exceeds 30 feet.

Exceptions:
1. Elevators equipped with safety devices that do not require resetting from the car.
2. Where the horizontal distance between elevator car platforms exceeds 2 feet 6 inches, side exit doors are prohibited.

Side emergency exit doors shall:

(A) Be of the hinged type.

(B) Open only into the car.

(C) Extend from the floor or base molding to a clear height of not less than five feet and shall have a width sufficient to provide not less than 14 inches of clear passageway when the door is open.

(D) Be so located as to provide free passageway and so that passage of persons is not obstructed by hoisting or counterweight ropes, car frame members, or by fixed elevator equipment.

(E) Be provided with a lock so arranged that the door may be opened from inside the car only by a specially shaped, removable key, and from outside by a nonremovable handle. Locks shall be so designed that they cannot be opened from the inside by the use of ordinary tools or instruments. There shall be no obstruction on the inside of the enclosure which will prevent opening the door from either side.

(F) Be provided with approved-type electric contacts to prevent operation of the elevator when the door is open and so located as to be inaccessible from the inside of the car.

(G) Be of the same material and construction as required for the enclosure.

Keys for unlocking side emergency exit doors shall be kept on the premises in a location available to qualified persons in case of emergency.

(4) Vision panels are not required, but where used shall:

(A) Have a total area of not more than 144 square inches, and no single glass panel shall have a width exceeding 6 inches.

(B) Be provided with clear wire-glass or laminated safety glass panels.

(D) In power-operated car doors, have the inside face of the glass located substantially flush with the inside surface of the door panel.

(5) Passenger elevator car enclosures of glass may be installed in hoistways designed for the purpose of view or aesthetic values. These special car enclosures shall conform to the following as a minimum:

(A) It is recommended that the amount of glass be held to a minimum and that the lower portion of the car enclosure be of metal construction to a height of at least 42 inches above the floor. If solid metal construction is not provided, adequate guardrails will be required on the inside of the car.

(B) Detailed drawings listing materials and fastenings shall be submitted to the division for approval prior to installation and certification that the glass used conforms to Section 3034(b)(5)(D).

(C) The glazing material shall be such that shock from setting the safety or landing the car on the buffer will not dislodge any panel. In the design of the elevator car, provisions shall be made to allow the car-holding safety device to set a maximum 2 inches out of level without causing the cab structure to wrack in any manner.

(D) The glass product-type shall be a laminated glass with a minimum total nominal thickness of .550 or 9/16-inch. The composition will be two lites of minimum 1/4-inch glass with a tolerance of + 1/32-inch. The inner lite may be heat treated or plate glass. The outer lite may be tinted, or reflective, but shall not have a rated strength and impact resistance less than 1/4-inch plate glass. Heat treated glass may be annealed, heat strengthened or fully tempered.

Joining or laminating the two glass lites together shall be an interlayer of polyvinyl butyral not less than .060 inches thick.

The glass product-type shall meet the requirements of ANSI Z97.1-1972 for safety glazing materials and Federal Specification DD-G-00451(b).

(E) Glazing of these glass units shall have the following minimum glazing dimensions in the metal or gasketed frames with pressure stops:

1. Rabbet depth not less than 7/8 inch

2. Clearance at head, sill and jambs 7/16 inch

3. Setting block height 1/4 inch to 5/8 inch

4. Edge clearance not less than 1/8 inch

Glass shall be centered in the sash opening with centering shims (a minimum of three shims per edge). Shims and setting blocks will be 80 to 90 durometer neoprene, permanently attached to the sash rabbet, and functioning as a cushion between the metal and the glass.

The vinyl shall be protected at all edges with a continuous protective covering or tape along all edges. The tape shall be impervious to oil, water, or solvent. Glass should not be exposed to surface temperatures exceeding 130'F for prolonged periods of time.

(F) These are minimum standards for glass and glazing in elevators. For unusual designs or other applications, it is suggested that a responsible professional engineer be consulted. The technical representative of glass suppliers may be consulted regarding size availability and glazing details. Maximum glass area, per lite, shall be reviewed in each application with reference to applicable codes or building authority requirements.

(1) Enclosures shall be of metal without perforations to a height of not less than 6 feet above the platform floor, except for the necessary entrances. Above the 6 foot level, the walls and top of the enclosure shall be metal with or without perforations, except that portion of the enclosure wall in front of and extending 6 inches on each side of the counterweight which shall be without perforations. Perforated portions of enclosures shall reject a ball 1 1/2 inches in diameter.

(2) Existing freight elevator cars shall be enclosed not less than 6 feet high, except for the necessary entrances. The enclosure may be of wood, metal, or other recognized material, solid or openwork, but if openwork is used, the design shall be such as to reject a ball 1/2 inch in diameter, except enclosures installed before June 5, 1947, shall reject a ball 2 inches in diameter.

That portion of the enclosure in front of the counterweight, or in front of any obstruction within 4 inches of the car, shall extend to the car top. Where no car top is provided, the enclosure shall extend to the crosshead height or to a height of 8 feet if the cross head height is less than 8 feet.

This enclosure shall extend 6 inches each side of the a counterweight; and if openwork is used, shall reject a ball 1/2 inch in diameter.

Exception: Where the enclosure of a power freight elevator is cut away at the front of the car to make the shipper rope accessible, such opening in the enclosure shall be cut to within 30 inches of, and not less than 24 inches from, the car platform and so located as to reduce the hazard to a minimum.

(3) Hinged or removable panels shall not be provided in car tops except for emergency exits.

Exception: Existing elevators without contacted car doors or gates in hoistways, where the upper terminal landing entrance is protected by a gate 41 inches to 45 inches high, any portion of the car top within 18 inches of the line of the edge of the threshold shall be hinged so that it will fold back if obstructed in its descent.

(d) Car Doors and Gates, General Requirements.

(1) A door or gate shall be provided at each entrance to the car.

Exceptions:
1. Elevators installed before June 5, 1947, with no car doors or gates in which the operator is always in control of the car except in the leveling zone. This exception applies only to the entrance nearest the operator on passenger elevators.
2. Automatic operation freight elevators having an entrance over 7 feet wide that were installed before June 5, 1947, and have never had doors or gates on the car.
3. Existing elevators that have been converted from shipper rope operation and which never had car gates. This exception applies to conversion of operation only without addition to the number of stations from which the car can be operated.

(2) Each car door or car gate shall be equipped with an approved-type electric contact, located so that the contact is not readily accessible from inside the car. Car door or gate contacts shall conform to the following:

(A) Operation of the elevator driving machine when the car door or gate is not in the closed position shall be possible only by a car-leveling or truck-zoning device or when a hoistway access switch is operated.

Exception: The limited movement of elevators equipped with advance start or pulse start feature. See Section 3021(d)(1)(E).

(B) They shall be positively opened by a lever or other device attached to and operated by the door or gate.

(C) They shall be maintained in the open position by the action of gravity or by a restrained compression spring, or by both, or by positive mechanical means.

(3) The closed position for car doors or car gates shall be when the edge of the door or gate is closed within 2 inches of the nearest face of the jamb or sill, or on center-opening doors, when the doors are closed within 2 inches of each other.

Exception: For elevators which can be started from the car only, and whose car door or gate is provided with a door closer, and whose hoistway doors are provided with door closures and interlocks meeting the requirements of the exception to Section 3021(g), the car door or gate contact may permit starting of the car when the car door or gate is closed to within 4 inches of the nearest face of the jamb; or on center-opening doors when the doors are closed within 4 inches of each other.

(4) The distance from the face of the car door or gate to the face of the hoistway door shall conform to the requirements of Section 3020(b)(14).

(5) Doors and gates and their guides, guide shoes, tracks, and hangers, shall be so designed and installed that when the fully closed door or gate is subjected to a force of 75 pounds, applied on an area of 1 square foot at right angles to and approximately at the center of the door or gate, it will not deflect beyond the line of the car sill. When subjected to a force of 250 pounds similarly applied, doors and vertically sliding gates shall not break nor be permanently deformed and shall not be displaced from their guides or tracks. Where multisection doors or gates are used, each panel shall withstand the forces specified.

(6) Car doors or gates shall be arranged so that when the car is stopped, they may be opened by hand from inside the car. The force required at the edge of horizontally sliding doors to open the door(s) shall not exceed 75 pounds.

Exceptions:
1. Power-operated doors of passenger elevators, provided they are arranged to be opened from inside the car in case of power failure.
2. Locked doors or gates provided on existing elevators under Section 3018(e), Exception 4.

(e) Passenger Car Doors and Gates.

(1) There shall be not more than two entrances to the car.

Exception: Elevators installed before June 5, 1947, with more than two original entrances.

(2) Horizontally sliding doors shall be provided at each car entrance opening of automatic operation elevators and at any car entrance opening remote from the operator of elevators having other types of operation.

Exceptions:
1. In existing hoistways, where structural conditions do not permit the installation of doors, collapsible-type car gates may be provided.
2. Vertically-sliding, power-operated gates of the balanced, counterweighted type may be used provided their operation is sequenced with power-operated bi-parting hoistway doors as outlined in Section 3022(c) and the construction of the gate conforms to Sections 3034(f)(3) and 3034(f)(5).

(3) Doors and gates, when in the fully closed position, shall protect the full width and height of the car entrance opening.

Exception: The height of vertically-sliding, power-operated gates permitted by Section 3034(e)(2).

(4) There shall be no openings in doors, except for vision panels, if used. Door panels shall have a substantially flush surface without recessed or raised moldings and shall be of material conforming to Section 3034(b)(1).

(5) Collapsible-type gates, where allowed, shall conform to the following:

(A) When fully extended (closed position), reject a ball 3 inches in diameter.

Exception: Gates installed on elevators before June 5, 1947.

(B) Have alternate vertical members act as guides at both top and bottom.

Exception: Gates installed on elevators before June 5, 1974.

(D) Handles for collapsible gates shall be provided with finger guards.

(E) Not be used with power-operated, vertically-sliding hoistway doors.

(F) May be arranged to swing inward when in the fully open (collapsed) position.

(f) Freight Car Doors and Gates.

(1) Doors shall be of the horizontally sliding type or may be of the vertically sliding type if manually operated.

(2) Gates shall be of the horizontally sliding collapsible type or of the vertically sliding type. For elevators designed for either Type B or Type C loading, gates shall be of the vertically sliding type.

(3) Car doors and gates shall conform to the following:

(A) Doors and gates shall protect the full width of the car entrance opening.

(B) Horizontally sliding doors, when fully closed, shall protect the full height of the opening.

(4) Collapsible type gates shall conform to the following:

(A) When fully extended (closed position), reject a ball 4 1/2 inches in diameter up to a height of not less than 6 feet.

(B) Have alternate vertical members act as guides at the bottom and no less than every fourth vertical member act as guides at the top.

(D) Be provided with handles with finger guards.

(E) May be arranged to swing inward when in the fully open (collapsed) position.

(5) Vertically sliding doors or gates shall conform to the following:

(A) They shall be of the balanced, counterweighted type or the biparting counterbalanced type.

(B) Weights used to balance doors or gates shall be located outside the car enclosure and shall run in guides or shall be boxed in. Guides shall be of metal, and be so constructed as to contain the weight if the suspension member fails. Suspension members shall have a factor of safety of not less than 5.

(C) Gates shall be constructed of wood or metal and shall be of a design which will reject a ball 2 inches in diameter.

(D) Vertically sliding gates and vertically sliding doors, when fully closed, shall extend from a point not more than 1 inch above the car floor to a point not less than 6 feet above the car floor.

(g) Illumination of Cars.

(1) Cars shall be provided with an electric light or lights. Not less than two lamps shall be provided.

(2) The minimum illumination measured at the landing edge of the car platform when the car and landing doors are open shall be not less than:

(A) For passenger elevators--5 foot-candles.

(B) For freight elevators--2 1/2 foot-candles.

(3) Passenger elevator cars shall be provided with emergency lighting in accordance with Article E700, Part 3, Title 24, CAC, and conforming to the following:

(A) The emergency system shall provide some general illumination for the car. The intensity of illumination 4 feet above the car floor and approximately 1 foot in front of a car station shall be no less than .2 of a foot-candle. Lights shall be automatically turned on in all elevators in service not more than 10 seconds after normal lighting power fails. The emergency power supply system shall be capable of maintaining the above light intensity for a period of not less than 4 hours.

(B) Not less than two lamps of approximately equal wattage shall be provided to obtain the required illumination.

(4) Light control switches are required and shall:

(A) Be located within the elevator enclosure.

(B) Be located in or adjacent to the operating device in the car or in the space above the light diffusing ceiling where such ceilings are provided.

(C) In passenger elevators having automatic operation, be key operated or in a fixture with a locked cover if located below the light diffusing ceiling.

(5) The panels used for light diffusing shall not come in contact with the lamps or lampholders and shall be of a material that will not support combustion in air.

(6) Light bulbs or tubes in passenger elevators shall be installed behind a protecting cover.

Exception: Light bulbs mounted in a recess approximately the diameter of the bulb and recessed behind the parent surface a distance not less than the diameter of the bulb.

(7) Lamps in freight elevators shall be installed behind a protective guard to prevent breakage.

HISTORY

1. Amendment of subsections (a) and (b) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (a)(4) filed 11-6-74; effective thirtieth day thereafter (Register 74, No. 45).

3. Amendment of subsection (a)(4) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

4. Amendment of subsections (a)(7)(B), (d)(6) Exception No. 2, (g)(5), (g)(6) and repealer of (d)(1) Exception No. 3 and No. 4 and new Exception No. 3 filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

5. Amendment of subsection (a)(4) which was filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30 for technical reasons.

6. Amendment of subsections (a)(3) and (a)(4) filed 12-4-86; effective thirtieth day thereafter (register 86, No. 49).

7. Editorial corrections (Register 95, No. 26).

§3035. Car and Counterweight Safeties.

History

(a) Where Required and Located.

(1) The car of every elevator suspended by wire ropes shall be provided with one or more approved car safety devices of a type identified in section 3035(e). The safeties shall be attached to the car frame, and one safety shall be located within or below the lower members of the car frame (safety plank).

Exceptions: Existing elevators having a rise of not more than 15 feet that were:
1. Installed before January 1, 1925, or
2. Equipped with a safety device actuated by the slackening or breaking of the hoisting cables.

(2) All car safeties shall be mounted on a single car frame and shall operate only on one pair of guide rails, between which the frame is located.

(3) See Design section 3106 for details of approval of safeties.

(4) Every type of car-holding or counterweight safety device hereafter installed shall be field tested before a permit to operate is issued. This test shall be witnessed by an authorized representative of the Division of Industrial Safety, or the division may accept reports of witnesses recognized as competent by the division. This test shall demonstrate that the safety device will function as required by section 3035(c).

(b) Duplex Safeties.

(1) Where two (duplex) safeties are provided, the lower safety device shall be capable of developing not less than 1/2 of the force required to stop the entire car with rated load. See also Design section 3100(b). Duplexed safety devices shall be arranged so as to function approximately simultaneously. Complete details of the car frame and the safety device linkage shall be submitted to the division for approval.

(2) Type A or Type C safety devices shall not be used in multiple (duplexed).

(1) The safety device, or the combined safety devices where furnished, shall be capable of stopping and sustaining the entire car with its rated load from governor tripping speed. The weight of the entire car shall include any compensating ropes, traveling cables, and any other attachments to the car.

Exception: Safeties of elevators equipped with alternating current driving machines may have the full load test conducted at normal down speed by tripping the governor by hand. See section 3036(a)(1) for governor test required.

(2) Type B safeties shall stop the car with its rated load from governor tripping speed within the range of the maximum and minimum stopping distances as determined by the formulas in Design section 3106(a)(1).

(A) Table 3035 C and Figures 3106 A1 through 3106 A7 show the maximum and minimum stopping distances for various governor tripping speeds for reference.

(B) The distance the car traveled, after the safety device began to engage the rails until the car stopped, shall be measured by taking the average of the four rail marks and deducting the length of the safety jaw or wedge.

(3) During the field test, the controls shall be arranged so that the full power in the down direction shall be applied until the safety has fully applied.

(4) The field test on Type A safeties shall include the inertia test as outlined in Design section 3106(c)(3)(A).

(5) The field test of counterweight safeties actuated by a governor shall be conducted with no load in the car. See section 3035(d)(1) for drop test requirements where counterweight safeties are not governor actuated.

(6) A functional test may be required when inspection of the safety parts reveals conditions that may prevent the safety from operating as intended.

TABLE NO. 3035 C

Maximum and Minimum Stopping Distances Type B Car Safeties

With Rated Load, and of Type B Counterweight Safeties

Maximum Governor Stopping Distances

Rated Speed in Trip Speed in Feet in Feet-Inches

Feet Per Minute Per Minute Minimum Maximum

0 to 125 175 0-1 1-3

150 210 0-2 1-4

175 250 0-3 1-7

200 280 0-4 1-10

225 308 0-5 2-0

250 337 0-6 2-3

300 395 0-8 2-9

350 452 0-10 3-4

400 510 1-1 4-0

450 568 1-5 4-10

500 625 1-8 5-8

600 740 2-4 7-7

700 855 3-2 9-10

800 970 4-1 12-6

900 1085 5-1 15-3

1000 1200 6-3 18-6

1100 1320 7-6 22-4

1200 1440 8-11 26-4

1300 1560 10-6 30-11

1400 1680 12-2 35-7

1500 1800 14-0 40-10

(d) Counterweight Safeties. Where any space below the hoistway is used for a passageway or is occupied by persons, or if unoccupied is not permanently sealed against access, the following requirements shall be conformed to:

(1) Elevator counterweights shall be provided with safeties conforming to the requirements for car safeties.

Exceptions:
1. Where otherwise specified in section 3035, counterweight safeties may differ from car safeties.
2. For rated speeds of not over 150 feet per minute, counterweight safeties may be operated as a result of the breaking or slackening of the hoisting ropes and may be of the inertia or other approved type without governors.

Every safety device applied as a result of the slackening or breaking of the hoisting cables shall be drop tested when installed. This test shall be witnessed by a representative of the Division of Industrial Safety, or the Division may accept reports of witnesses recognized as competent by the Division.

3. Existing counterweights equipped with safety devices actuated by the breaking or slackening of the counterweight ropes and which have a rated speed of not more than 250 feet per minute.

4. Wedge clamp safeties shall not be used for counterweight safeties unless they are arranged to be reset from the pit or the machine room.

(e) Identification and Classification of Types of Safeties. Car safety devices (safeties) are identified and classified on the basis of performance characteristics after the safety begins to apply pressure on the guide rails. On this basis, there are three types of safeties.

(1) Type A Safeties. Safeties which develop a rapidly increasing pressure on the guide rails during the stopping interval, the stopping distance being very short due to the inherent design of the safety. The operating force is derived entirely from the mass and the motion of the car or the counterweight being stopped. These safeties apply pressure on the guide rails through eccentrics, rollers, or similar devices, without any flexible medium purposely introduced to limit the retarding force and increase the stopping distance.

(2) Type B Safeties. Safeties which apply limited pressure on the guide rails during the stopping interval, and which provide stopping distances that are related to the mass being stopped and the speed at which application of the safety is initiated.

Retarding forces are reasonably uniform after the safety is fully applied. Continuous tension in the governor rope may or may not be required to operate the safety during the entire stopping interval. Minimum and maximum distances are specified on the basis of governor tripping speed.

(3) Type C Safeties (Type A with Oil Buffers). Safeties which develop retarding forces during the compression stroke of one or more oil buffers interposed between the lower members of the car frame and a governor-operated Type A auxiliary safety plank applied on the guide rails. The stopping distance is equal to the effective stroke of the buffers.

(f) Safeties to Stop Ascending Cars or Counterweights Prohibited. Safeties shall not stop an ascending car or counterweight.

(g) Governor Actuated Safeties and Car Safety Mechanism Switches Required.

(1) Car safeties and counterweight safeties, where provided shall be actuated by separate approved governors.

Exceptions:
1. Speed governors are not required for the operation of counterweight safeties of elevators having a rated speed of not more than 150 feet per minute.
2. Existing elevators that comply with the exceptions to section 3035(a)(1).

(2) Car safeties shall be provided with a switch, operated by the car safety mechanism when the safety is applied.

Exception: Existing elevators which comply with the exceptions to section 3036(d)(2).

(h) Limits of Use of Various Types of Safeties.

(1) Type A (Instantaneous) Safeties. Type A safeties may be used on elevators having a rated speed of not more than 150 feet per minute. When overspeed occurs, with the hoisting ropes intact, such safeties shall be actuated by the governor.

On the parting of the hoisting ropes (free fall), Type A governor-operated safeties shall apply without appreciable delay; and their application shall be independent of the speed action of the governor and of the location of the break in the hoisting ropes (inertia application) and may be accomplished by the use of a governor and governor rigging having a sufficiently high value of inertia to apply the safety on free fall independently of the speed action of the governor.

(2) Type C (Combination Instantaneous and Oil Buffer Safety). Type C Safeties may be used subject to the following requirements:

(A) The rated speed shall be not more than 500 feet per minute.

(B) The oil buffers shall conform to all requirements specified in Section 3031 for oil buffers, except that the stroke shall be based on governor tripping speed and on an average retardation not exceeding 32.2 feet per second per second.

(C) After the buffer stroke has been completed, provision shall be made for an additional travel of plunger or piston of not less than 10 percent of the buffer stroke to prevent excessive impact on the buffer parts and the auxiliary safety plank.

(D) Where the distance between guide rails exceeds 8 feet, the safety shall be provided with two oil buffers of substantially identical calibration; and the buffers shall be so located as to develop minimum stresses in the auxiliary safety plank during safety operation.

Buffers shall be located in line with and symmetrically between the guide rails.

(E) The auxiliary safety plank shall be so designed that the maximum stresses in the plank shall not exceed those specified for similar car frame members in Design section 3101(a)(4).

(F) The rail-gripping device of the auxiliary safety plank shall be so arranged and connected as to prevent the plank from being out of level more than 1/2 inch in the length of the plank when the safety is operated to stop the car.

(G) An electric switch shall be provided and so arranged and connected that the elevator cannot be operated by means of the normal operating device if any buffer is compressed more than 10 percent of its stroke.

(H) Means shall be provided to prevent operation of the elevator by means of the normal operating device if the oil level in any buffer is below the minimum allowable level.

(3) No car-holding safety device shall be used for a greater total load or speed than that specified in the approval. The weight of the independent car counterweights, where used, may be deducted from the total load of the car and capacity in determining the load on the safety device.

(4) Observation elevators shall have safeties of the type that do not require access to the car or hoistway for resetting. Safeties on elevators exposed to the weather shall have corrosion resistant parts of all points where corrosion could prevent the device from functioning as intended.

(i) Application and Release of Safeties.

(1) Safeties shall be applied mechanically. Electric, hydraulic, or pneumatic devices shall not be used to apply the safeties required by this section, nor to hold such safeties in the retracted position.

(2) The application of the safety to stop the car, with its rated load centered on each quarter of the platform symmetrically with relation to the center lines of the platform, shall not cause the platform to be out of level more than 3/8 of an inch per foot in any direction.

Exception: Type C safeties.

(3) When car safeties are applied, no decrease in tension in the governor rope nor motion of the car in the down direction shall release the safeties; but such safeties may be released by the motion of the car in the up direction.

(4) Safeties shall be so designed that on their application the forces which provide the stopping action shall be compressive forces on each side of the guide rail section.

(j) Minimum Permissible Clearance Between Rail Gripping Faces of Safety Parts. In the normally retracted position of the safety, the distance between the rail-gripping faces of the safety parts shall be not less than the thickness of the guide rail plus 0.14 (9/64) inch; and the clearance on any side between the gripping face and the guide rail shall be not less than 0.0625 (1/16) inch as measured on the side of the rail toward which the car frame is pressed with sufficient force to take up all clearances in the guide shoe assembly. Safety jaws, while in the retracted position, shall be so restrained as to prevent a reduction of this minimum clearance.

(k) Maximum Permissible Movement of Governor Rope to Operate the Safety Mechanism.

(1) For all drum-operated safeties, the movement of the governor rope, relative to the car, required to operate the safety mechanism from its fully retracted position to a position where the safety jaws begin to exert pressure against the guide rails, shall not exceed the following values based on rated speed.

200 feet per minute or less 42 inches

201 to 375 feet per minute 36 inches

Over 375 feet per minute 30 inches

(2) Drum-operated car safeties, requiring continual unwinding of the safety drum rope to fully apply the safety, shall be so designed that not less than three turns of the safety rope will remain on the drum after the overspeed test of the safety has been made with rated load in the car.

(l) Minimum Factors of Safety and Stresses of Safety Parts and Rope Connections. See Design section 3106(d) for design factors of safety.

(m) Corrosion Resistant Bearings in Safeties and Safety Operating Mechanisms. Bearings in safeties and of the safety operating mechanism shall be of corrosion-resistant construction with one or both members of a bearing made of, or electroplated with, a corrosion-resistant material.

(n) Marking Plates for Safeties. A metal plate or plates shall be securely attached to each safety so as to be readily visible, and shall be marked in a legible and permanent manner with letters and figures not less than 1/4 inch in height indicating the following:

(1) The type of safety.

(2) The maximum tripping speed in feet per minute for which the safety is designed to be used.

(3) The maximum weight in pounds for which the safety is designed to be used with the car frame in which it is installed.

(4) The name of the manufacturer and the identifying number of the safety.

(5) The date of the initial safety test required by section 3035(a)(4) witnessed by a representative of the division.

(o) Governor Rope Releasing Carriers. The governor-rope releasing carrier on the car (or on the counterweight) shall be set to require a tension in the governor rope, to pull the rope from the carrier, of not more than 60 percent of the pull-through tension developed by the governor; and the carrier shall be designed so that the pull-out tension cannot be adjusted in a normal manner to exceed the amount specified. Tension in the governor rope required to pull the rope from the carrier shall not exceed 300 pounds.

(p) Rail Lubricants and Lubrication Plate. Rail lubricants or coatings which will reduce the holding power of the safety or prevent its functioning as required in section 3035(c) shall not be used.

Where lubricants are to be used, a metal plate shall be securely attached to the car crosshead in an easily visible location, and shall carry the notation “CONSULT MANUFACTURER OF THE SAFETY FOR THE CHARACTERISTICS OF THE RAIL LUBRICANT TO BE USED.”

If lubricants other than those recommended by the manufacturer are used, a safety test shall be made to demonstrate that the safety will function as required by section 3035(c).

(q) Compensating Rope Tie Down. For rated speeds of 800 feet per minute or more, a device shall be provided to tie the car and counterweight together to limit the jump of the car or counterweight as a result of buffer engagement or application of car or counterweight safety.

HISTORY

1. New subsection (h)(4) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsections (c)(1), (d)(1), Exception No. 2, and (j) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Editorial correction replacing 1440 with 1200 in TABLE No. 3035 C (Register 91, No. 24).

4. Editorial correction of subsections (h)(2)(D) and (i)(4) (Register 95, No. 26).

§3036. Governors.

Note • History

(a) Governors Required and Location. Every elevator and every counterweight equipped with an approved type, governor-actuated safety device shall be equipped with an approved governor. See Design Section 3105 for details of approval of governors.

Exception: Counterweights excepted under Section 3035(d).

(1) Every type of governor hereafter installed shall be field tested before a permit to operate is issued. This test shall be witnessed by an authorized representative of the Division of Industrial Safety, or the division may accept reports of witnesses recognized as competent by the division.

(A) Where the tripping speed of the governor is not determined on the running test on each installation, it shall be separately determined by removing the governor rope and driving the governor by hand or by a motor in such a manner as to accurately determine the tripping speed.

(2) The governor shall be located where it cannot be struck by the car or counterweight in case of overtravel, and where there is adequate space for full movement of governor parts. The governor shall be readily accessible with adequate work space for resetting and maintenance. When the elevator driving machine is located over the hoistway, the governor shall be located above the floor over the hoistway.

(b) Tripping Speeds for Governors.

(1) Governors for car safeties shall be set to trip at overspeeds as follows:

(A) At not less than 115 percent of rated speed.

(B) At not more than the tripping speed listed opposite the applicable rated speed in Table No. 3036 B. Maximum tripping speeds for intermediate rated speeds shall be determined from Design Section Figure 3105 A. For rated speeds exceeding 1500 feet per minute, the maximum tripping speeds shall not exceed 120 percent of the rated speed.

TABLE 3036 B

Maximum Speeds in Feet-Per-Minute

At Which Governor Trips and Governor Overspeed Switch Operates

Max Speed at Which

Max Governor Governor Overspeed

Rated Speed Trip Speed Switch Operates, Down

0-125 175 175 *

150 210 210 *

175 250 225

200 280 252

225 308 277

250 337 303

300 395 355

350 452 407

400 510 459

450 568 512

500 625 563

600 740 703

700 855 812

800 970 921

900 1085 1031

1000 1200 1140

1100 1320 1254

1200 1440 1368

1300 1560 1482

1400 1680 1596

1500 1800 1710

* Governor Overspeed Switch not Required on Car Governors.

(2) Governors, where provided, for counterweight safeties shall be set to trip at an overspeed greater than, but not more than 10 percent above, that at which the car governor is set to trip.

(c) Sealing and Painting of Governors. Governors shall have their means of speed adjustment sealed after test. If governors are painted after sealing, all bearing and rubbing surfaces shall be kept free or freed of paint and a hand test made to determine that all parts operate freely as intended. Seals shall be of a type which will prevent readjustment of the governor tripping speed without breaking the seal. Whenever the seal is broken, the governor shall be rechecked and set for the proper tripping speed.

(d) Governor Overspeed and Car Safety Mechanism Switches.

(1) A switch shall be provided on the governor, and operated by the overspeed action of the governor, when used with Type B and C car safeties of elevators having a rated speed exceeding 150 feet per minute and on all elevators with static controls. A switch shall be provided on the governor when used with counterweight safeties at any car speed. When operated the switch shall cause power to be removed from the hoist machine motor and brake.

Exceptions:
1. Existing elevators with traction type machines installed before June 5, 1947, which are provided with a car safety mechanism switch.
2. Elevators with drum type machines installed before June 5, 1947.

(2) Every car safety shall be provided with a switch operated by the car safety mechanism when the safety is applied.

Exceptions:
1. Existing elevators with drum-type machines.
2. Existing elevators with traction-type machines and sliding-type safety devices which are provided with a governor overspeed switch.
3. Counterweight safeties.

(3) The switches shall, when operated, remove power from the driving-machine motor and brake before or at the time of application of the safety.

(4) The setting of the car governor overspeed switch when used with static control shall be at no more than 90% of the tripping speed of the governor and shall be activated in either direction of travel. The setting of the car governor overspeed switch for elevators with other types of control shall conform to the following:

(A) For rated speeds more than 150 feet per minute, up to and including 500 feet per minute, the car governor overspeed switch shall open in the down direction of the elevator at not more than 90 percent of the speed at which the governor is set to trip in the down direction.

(B) For rated speeds more than 500 feet per minute, the car governor overspeed switch shall open in the down direction of the elevator at not more than 95 percent of the speed at which the governor is set to trip in the down direction.

(C) The governor overspeed switch, when set as specified in either Section 3036(d)(4)(A) or Section 3036(d)(4)(B) shall open in the up direction at not more than 100 percent of the speed at which the governor is set to trip in the down direction.

Exceptions TO SECTION 3036(d)(4)(A) AND 3036(d)(4)(B):
The governor overspeed switch may be set to open in the down direction of the elevator at not more than 100 percent of the speed at which the governor is set to trip in the down direction, subject to the following requirements:
1. A speed-reducing switch is provided on the governor which will reduce the speed of the elevator in case of overspeed, and which shall be set to open as specified in Section 3036(d)(4)(A) and Section 3036(d)(4)(B).
2. Subsequent to the first stop of the car following the opening of the speed-reducing switch, the car shall remain inoperative until the switch is manually reset.

(5) The governor switches and safety mechanism switches shall conform to the following:

(A) Governor overspeed switches and speed-reducing switches required by Section 3036(d) shall be positively opened and shall remain in the open position until manually reset.

(B) Safety switches operated by the car safety mechanism shall be positively opened and shall not reset unless the car safety mechanism has been returned to the running position.

(e) Governor Ropes.

(1) Governor ropes shall be of iron, steel, monel metal, phosphor bronze, or stainless steel, of regular-lay construction, and shall be not less than 3/8 inch in diameter. Tiller-rope construction shall not be used, except to replace existing ropes of tiller-rope construction.

(2) Replacement of governor ropes shall be of the same size, material, and construction as the rope originally installed by the elevator manufacturer, except that a rope of the same size but of either different material or construction may be employed, provided a test is made of the car or counterweight safety and governor with the new rope to demonstrate that the safety will function as required by Section 3035(c).

(3) Whenever a governor rope is renewed, a running test of the safety device, with or without load, shall be conducted at not less than rated speed to demonstrate that the governor jaws or yoke properly grip the rope and that the safety device functions properly.

(4) Whenever wear, corrosion, broken wires, or other factors indicate that the governor rope has its breaking strength reduced materially below the manufacturer's rating, the rope shall be renewed. Governor ropes shall not be lengthened or repaired by splicing.

(5) A metal, fiber, or plastic tag or tags shall be securely attached to each governor rope. This data tag shall bear the following wire rope data:

(A) The diameter in inches.

(B) The manufacturer's rated breaking strength.

(D) The month and year the ropes were installed and the safeties tested. (The safety test date may be indicated on a separate tag.)

(E) Whether nonpreformed or preformed.

(F) Construction classification.

(G) Name of the person or firm who installed the ropes.

(H) Name of the manufacturer of the rope.

(6) During normal operation of the elevator, the governor rope shall run free and clear of the governor jaws, rope guards, or other stationary parts.

(7) The governor rope shall be attached by an approved method such as babbitted sockets or crosby clips. The attachment shall develop a factor of safety of not less than 5 based on governor rope pull-through tension.

(f) Design of Governor Rope-Grip Jaws for Type B Safeties.

(1) Type B car and counterweight safeties shall be actuated by a governor equipped with rope-grip jaws which will permit the governor rope to pull through the jaws. The maximum tension in the governor rope to cause it to slip through the governor jaws shall not exceed 1/5 of the rated ultimate strength of the rope.

(2) Governor jaws shall be of such shape and minimum length that no appreciable damage to or deformation of the rope shall result from the stopping action of the jaws in operating the car or counterweight safety.

(3) Each governor shall be equipped with a rope gripping device which does not depend solely on springs for the application of the jaws to the ropes. Springs may be used to provide the tension between the governor rope and the jaws as required to set the safety.

(g) Design of Governor Sheaves and Traction Between Governor Rope and Sheave.

(1) The arc of contact between the governor rope and the governor sheave shall be at least 180 degrees. Governor ropes shall be provided with devices to maintain them in tension.

(2) Governor sheave grooves shall have machine-finished surfaces. Governor tension sheaves shall have machine-finished grooves for rated car speeds of more than 150 feet per minute. Machined governor sheave grooves shall have a groove diameter of not more than 1 1/8 times the diameter of the governor rope.

(3) The pitch diameter of governor sheaves and governor tension sheaves shall be not less than the product of the diameter of the rope and the applicable multiplier listed below, based on the rated speed and the number of strands in the rope.

Number of

Rated Speeds Strands Multiplier

Two hundred feet per minute or less 6 42

Two hundred feet per minute or less 8 30

Over 200 feet per minute 6 46

Over 200 feet per minute 8 32

(h) Governor Marking Plate. A metal plate or plates shall be securely attached to each governor and shall be marked in a legible and permanent manner with letter and figures not less than 1/4 inch in height, indicating the following:

(1) The speed in feet per minute at which the governor is set and sealed to trip.

(2) The size, material, and construction of the governor rope on which the governor jaws were designed to operate.

(3) The manufacturer and identifying number of the governor.

(4) Pull-through tension settings of the governor jaws on governors used with Type B safeties.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (d)(1), new subsection (d)(1) and amendment of subsection (d)(4) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Editorial correction of subsections (d)(4) and (h) (Register 95, No. 26).

§3037. Capacity and Loading.

History

(a) Minimum Rated Load for Passenger Elevators.

(1) The rated load in pounds for passenger elevators shall be based on the inside net platform areas, and shall be not less than that determined by the formulas of Design Section 3100(a).

Exception: The load rating, in pounds, of elevators installed before June 5, 1947, providing the existing load rating is not higher than that which can be lifted at rated speed and can be lowered within the limits of Section 3040(f)(5).

(A) The inside net platform areas shall be determined as shown in Figure 3037 A1. Table No. 3037 A1 and Figure No. 3037 A2 show the maximum inside net platform areas for the various common rated loads and may be used for reference purposes.

(2) Passenger elevators shall conform to the requirements of Design Section 3100(b) in their design to handle overload.

(3) The number of passengers permitted on a passenger elevator shall not exceed the rated load in pounds, divided by 150.

Embedded Graphic 08.0323

FIGURE 3037 A1

TABLE 3037 A1

Embedded Graphic 08.0324

(4) Where partitions are installed in the elevator cars for the purpose of restricting the platform net area for passenger use, they shall be permanently bolted, riveted, or welded in place. Gates, doors, or handrails shall not be used for this purpose. Partitions shall be so installed as to provide for approximately symmetrical loading.

Embedded Graphic 08.0325

(5) When freight is to be carried on a passenger elevator, the following requirements shall be conformed to:

(A) The minimum rated load shall conform to the requirements of Sections 3037(a) and 3037(b), whichever is greater.

(B) The elevator shall be designed for applicable class of freight elevator loading.

(b) Minimum Rated Load for Freight Elevators.

(1) The minimum rated load for freight elevators in pounds shall be based on the weight and class of the load to be handled, but shall in no case be less than the following for each class of loading, based on the inside net platform area.

(A) Class A--General Freight Loading. The rated load shall be based on not less than 50 pounds per square foot of inside net platform area.

(B) Class B--Motor Vehicle Loading. The rated load shall be based on no less than 30 pounds per square foot of inside net platform area.

(2) See Design Section 3101(f)(2) for the definitions of the various classes of freight loading.

(1) Every elevator shall be provided with a capacity plate and a data plate.

Exception: Passenger elevators not designed for one-piece loads are not required to have a capacity plate.

Capacity plates shall be securely fastened in a conspicuous place inside the car. Data plates shall be securely attached to the car crosshead.

Exceptions:

1. For underslung elevators having no crosshead, the data plate shall be located inside the car.

2. Data plates of elevators installed before June 5, 1947.

(2) Capacity and data plates shall have the following information:

(A) Capacity plates shall indicate the rated load of the elevator in pounds and, in addition, this plate or a separate plate shall indicate:

1. The one-piece load capacity where the elevator is designed to lift such loads exceeding the rated load. See Section 3037(g).

2. For freight elevators designed for Class C2 loading, the maximum load the elevator is designed to support while being loaded or unloaded.

(B) Data plates shall indicate:

1. The weight of the complete car including the car safety and all auxiliary equipment attached to the car.

2. The rated load and speed.

3. The wire rope data required by Section 3042(b).

4. The manufacturer's name and date of installation.

(C) Data plates shall be of metal and capacity plates shall be of metal or of laminated plastic. Letters and figures shall be stamped or etched in or cast on the surface of the plate in such a manner as to be readily legible.

The height of the letters and figures shall be not less than:

1. One-quarter inch for passenger elevator capacity plates where provided.

2. One inch for freight elevator capacity plates.

3. One-eighth inch for data plates.

(d) Carrying of Passengers on Freight Elevators. Freight elevators shall not be used for passenger service.

(e) Signs Required in Freight Elevator Cars.

(1) The following signs shall be provided inside the car located in a conspicuous position:

(A) In every freight elevator a sign shall specify the type of loading for which the elevator is designed with one of the following markings:

1. “THIS ELEVATOR DESIGNED FOR GENERAL FREIGHT LOADING.”

2. “THIS ELEVATOR DESIGNED FOR MOTOR-VEHICLE LOADING.”

3. “THIS ELEVATOR DESIGNED FOR LOADED INDUSTRIAL TRUCK WEIGHING ____________ LB. MAXIMUM.”

(B) In freight elevators, a sign reading:

“THIS IS NOT A PASSENGER ELEVATOR. NO PERSONS OTHER THAN THE OPERATOR AND FREIGHT HANDLERS ARE PERMITTED TO RIDE ON THIS ELEVATOR.”

(2) The material, marking and fastening of signs shall conform to the requirements for capacity plates except that the letters need not be more than 1/2 inch high.

(f) Overloading of Freight Elevators. Freight elevators shall not be loaded to exceed their rated load as specified on the capacity plate.

Exception:

1. Static loads on elevators loaded and unloaded by industrial trucks as noted on car capacity or separate plate.

2. Elevators designed and installed to carry one-piece loads exceeding their rated load.

(g) Carrying of One-Piece Loads Exceeding the Rated Load. Passenger and freight elevators may be used, where necessary, to carry one-piece loads greater than their rated load provided they are designed, installed, and operated to conform to the following requirements:

(1) A locking device shall be provided which will hold the car at any landing independently of the hoisting ropes while the car is being loaded or unloaded.

(2) The locking device shall be so designed that it cannot be unlocked unless and until the entire weight of the car and load is suspended on the ropes.

(3) A removable wrench or other device shall be provided to operate the locking device.

(4) The locking device shall be so designed that the locking bars will be automatically withdrawn should they come in contact with the landing locks when the car is operated in the up direction.

(5) A special capacity plate shall be provided inside the elevator car, and located in a conspicuous place, which shall bear the words “CAPACITY LIFTING ONE-PIECE LOADS,” in letters followed by figures giving the special capacity in pounds for lifting one-piece loads for which the machine is designed.

(6) The car frame, car platform, sheaves, shafts, ropes, and locking device shall be designed for the specified “Capacity Lifting One-Piece Loads,” provided that:

(A) In the design of the car frame, platform, sheaves, shafts, and ropes, the allowable stresses may be 20 percent higher than those permitted for normal loading.

(B) The factor of safety for the locking device shall be not less than 5.

(7) The car safeties shall be designed to stop and hold the specified “Capacity Lifting One-Piece Loads” with the ropes intact.

(8) Where there is an occupied space, or an unoccupied space not sealed against access under the hoistway, the following requirements shall be conformed to:

(A) The machine shall be designed to operate with the “Capacity Lifting One-Piece Loads” at slow speed.

(B) The car safety shall be designed to stop and hold the car with this load independently of the hoisting ropes.

(C) The counterweight safety shall be designed to stop and hold the entire weight of the counterweight independently of the ropes.

(9) For traction machines, where necessary to secure adequate traction, additional counterweight shall be added during the period of use with one-piece loads so that the total overbalance is at least equal to 45 percent of the “Capacity Lifting One-Piece Loads.”

(10) A special operating device of the car-switch or constant--pressure type shall be provided in the machine room, located near the driving machine, to operate the elevator. When this device is operative, all other operating devices shall be inoperative.

(11) The “Capacity Lifting One-Piece Loads” of any passenger traction elevator shall not exceed 1-1/3 times the rated load of the elevator.

(h) Additional Requirements for Passenger Overload. See Design Section 3100 (b) for additional design requirements for passenger elevators.

HISTORY

1. Amendment of (a)(1) exception filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Editorial correction of subsection (a)(1) (Register 94, No. 50).

3. Editorial corrections (Register 95, No. 32).

4. Change without regulatory effect amending subsection (a)(3) to provide more legible illustrations in Figure A1 filed 5-1-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 18).

§3038. Driving Machines and Sheaves.

(a) Type of Driving Machine. All driving machines shall be of the traction type.

Exception: Winding drum machines may be used for freight elevators subject to the following:
1. They shall not be provided with counter-weights.
2. The travel of the elevator car shall not exceed 40 feet.
3. The rated speed of the elevator shall not exceed 50 feet per minute. The installation of belt drive and chain drive machines is prohibited.

(b) Material and Grooving for Sheaves and Drums. Sheaves and drums used with suspension and compensating ropes shall:

(1) Be of metal finished grooves, provided the grooves of sheaves not used to transmit power may be lined with rubber or other sound isolating material.

(2) Have a pitch diameter not less than:

(A) 40 times the diameter of the rope, where used with suspension ropes.

Exception: Existing sheaves where 8x19 wire rope is used and which have a diameter less than 40 diameters of the rope, but not less than 32 diameters, and are provided with permanent marking “Use 8x19 Cables Only.”

(B) 32 times the diameter of the rope, where used for compensating sheaves.

(d) Bolts Transmitting Torque, and Set Screws. Bolts or other means used to transmit torque between the driving sheave and the gearing, and their supports, shall be tightly fitted without play.

Set screws or threaded portions of bolts or screws shall not be used to transmit torque.

(e) Shaft Fillets and Keys. A fillet shall be provided at any point or change in the diameter of driving-machine shafts and sheave shafts to prevent excessive stress concentrations in the shafts.

Shafts which support drums, sheaves, gears, couplings, and other members, and which transmit torque, shall be provided with tight fitting keys.

(f) Cast Iron Worms and Worm Gears. Worms and gears made of cast iron shall not be installed nor used as replacements in elevator driving machines. Worms and worm gears shall be so arranged that in the event of the worm shaft breaking the worm will still remain in mesh with the worm gear.

(g) Friction Gearing and Clutches. Friction gearing or a clutch mechanism shall not be used in elevator driving machines for connecting the drums or sheaves to the source of power.

(h) Driving Machine Brakes.

(1) The elevator driving machine shall be equipped with a friction brake applied by a spring or springs, or by gravity, and released electrically.

(2) The brake shall be designed and maintained to have a capacity sufficient to hold the car at rest with its rated load.

(3) Where gravity is used to apply the brake, the weights shall be guarded to prevent any obstruction being placed under the weights.

§3039. Terminal Stopping Devices.

Note • History

(a) Normal Terminal Stopping Devices.

(1) Normal terminal stopping device switches shall be directly operated by the movement of the car. Normal terminal stopping devices may use mechanically operated, magnetically operated, optical, or static type switches.

(2) Upper and lower normal terminal stopping devices shall be provided and arranged to slow down and stop the car automatically, at or near the top and bottom terminal landings, with any load up to and including rated load in the car and from any speed attained in normal operation. Such devices shall function independently of the operation of the final terminal stopping device. The device shall be so designed and installed that it will continue to function until the final terminal stopping device operates.

(3) Directional stopping switches for normal terminal stopping devices shall be of the enclosed type located on the car or in the hoistway, and shall be operated by the movement of the car using metal operating cams.

Exceptions:
1. Elevators installed before June 5, 1947, that are equipped with an acceptable stopping device in the overhead or machine room positively driven from the car by a tape, rope, chain, or wire.
2. Winding-drum machines installed before June 5, 1947, having this device located on the machine.

(A) Where the stopping switch in the hoistway is arranged to function only in case the automatic slowdown circuit fails, an additional directional stopping switch driven mechanically by the car complying with the requirements of Section 3039(a)(2), shall be mounted either in the machine room or in the hoistway.

(B) Where the automatic floor stop device complies with Section 3039(a)(3), it may be used as the normal terminal stopping device.

(4) On elevators arranged to automatically slow down at the terminal landings, the normal terminal stopping devices shall be arranged to stop the car within the limits of top and bottom runby in case the automatic slowdown fails to function.

(5) When the slowdown switches used with the normal terminal stopping device are located in the machine room, they shall conform to the following:

(A) They shall be operated by a device mechanically connected to and driven by the car. Friction or traction drives shall not be used.

(B) Tapes, chains, ropes, or similar devices used as the mechanical connection to the car shall be provided with an electrical contact which will cause the electric power to be removed from the elevator motor and brake if the mechanical connection fails.

(C) The slowdown switches used as part of the normal terminal stopping device may function as the automatic slowdown provided a stopping switch is mounted in the hoistway that will fulfill the requirements of Section 3039(a)(4).

(6) The winding machines of all power-driven, drum-type elevators shall be equipped with an acceptable normal terminal stopping device.

(b) Final Terminal Stopping Devices.

(1) Final terminal stopping devices shall be provided and arranged to cause the electric power to be removed automatically from the elevator driving-machine motor and brake after the car has passed a terminal landing. The device shall be set to function as close to the terminal landing as practicable, but so that under normal operating conditions it will not function when the car is stopped by the normal terminal stopping device.

(2) The operation of the final terminal stopping devices shall prevent movement of the car by the normal operating device in both directions of travel.

(3) Elevators having traction or winding-drum machines shall have final terminal stopping devices located in the hoistway and operated by metal cams attached to the car.

Exceptions:
(1) Freight elevators installed before January 1, 1925.
(2) Passenger and freight elevators installed before April 17, 1970 that have final limit switches on the car operated by cams in the hoistway. These devices shall be located as follows:

(A) Where spring buffers or solid bumpers are provided, the device shall function before the buffer or bumper is engaged.

(B) Where oil buffers are used, the device shall function before the car buffer is compressed more than 2/3 of its stroke, or before the counterweight buffer is compressed more than 1/3 of its stroke.

(C) Operating cams shall be so located and of such length as to maintain the switches in the open position until the car is in contact with the overhead structure or on the fully compressed bumpers or buffers.

Exception: Traction elevators equipped with compensating ropes may have the cam so located that the final terminal stopping device at the top of the hoistway is maintained in the open position until the counterweight is resting on its fully compressed buffer.

(D) If the switch to limit the “up” travel is located so as to be opened when the car is more than 18 inches past the upper terminal landing, a car apron, conforming to Section 3033(i), shall be provided, and be the depth of this zone plus 3 inches.

(4) Final terminal stopping-device switches shall be of the enclosed type, securely mounted and directly operated by the movement of the car. Arrangements which depend on a spring or gravity, or both, to open the switch contacts shall not be used. The switch contacts shall be opened directly mechanically.

(5) The normal and final terminal stopping device shall not control the same controller switches unless two or more separate and independent switches are provided, two of which shall be closed to complete the driving-machine motor-and-brake circuit in either direction of travel. Where a two phase or three phase alternating current driving machine motor is used, these controller switches shall be of the multipole type.

(A) The controller switches opened by the final terminal stopping device shall not be of the manual reset type.

(B) The control shall be so designed and installed that a single ground or short circuit will not prevent both the normal or final stopping device circuits from stopping the car.

(6) Elevators having winding drum machines shall also have final terminal stopping switches located on and operated by the driving machine, except drum machines installed before June 5, 1947.

(A) Final terminal stopping switches, located on and operated by the driving machine, shall not be driven by chains, ropes or belts.

(c) Emergency Terminal Stopping Devices. Emergency terminal stopping devices installed in connection with reduced-stroke oil buffers shall conform to the following:

(1) They shall operate at a predetermined distance from the terminal landing if the car has not slowed down to a predetermined speed when it reaches that predetermined distance from the terminal landing. The device shall automatically cause the power to be removed from the driving machine motor and brake independently of the normal stopping device.

(2) They shall provide a retardation not in excess of 32.2 feet per second per second.

(3) They shall not apply the car safety.

(4) They shall be so designed and installed that a single short circuit caused by a combination of grounds or by other conditions shall not prevent their functioning.

(5) The car speed sensing device shall be located on the governor and the emergency terminal stopping switch shall be located in the hoistway.

Exception: The emergency terminal stopping switch may be located in the machine room provided the operating means conform to the requirements of Sections 3039(a)(5)(A) and 3039(a)(5)(B).

(d) Terminal speed limiting devices for static control elevators.

(1) Terminal speed limiting devices shall be provided when a static control is used on elevators with rated speeds over 500 feet per minute or that do not use the normal terminal stopping device switches to limit generator shunt field current directly so the car speed is reduced as it approaches the terminal should the normal means fail to do so and shall conform to the following:

(A) They shall operate at a predetermined distance from the terminal landing if a car has not slowed to a predetermined speed when it reaches that predetermined distance from the terminal landing. The device shall automatically cause the power to be removed from the driving machine motor and brake independently of the normal stopping device.

(B) They shall provide a retardation not in excess of 32.2 feet per second per second.

(E) The car speed sensing devices shall be independent of the normal speed control system.

(F) The associated car position switches shall be located in the hoistway.

Exception: The associated car position switches may be located in the machine room provided the operating means conform to the requirements of Sections 3039(a)(5)(A) and 3039(a)(5)(B).

(Title 24, Part 7, Section 7-3039)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. Repealer of subsection (a)(3) exception 3, amendment of subsection (a)(3)(A), new subsection (a)(3)(B) and repealer and new subsection (b)(6)(A) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Repealer of Exceptions 1 and 2 within subsection (b)(1) and amendment of subsection (b)(3) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

3. New subsection (d) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

4. Amendment of subsection (a)(1) and Note, and new statement prior to Note filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

§3040. Operating Devices and Control Equipment.

Note • History

(a) Operation and Operating Devices.

(1) Operating devices shall be of the enclosed electric type. Rope or rod operating devices actuated directly by hand, or rope-operating devices actuated by wheels, levers, or cranks shall not be used.

(2) Handles of car-switch operation elevators shall be so arranged that they will return to the stop position and latch there automatically when the hand of the operator is removed.

Exception: Elevators installed before 1925 may omit the automatic latch.

All existing elevators having preregister signal or car-switch automatic floor stop operation, and which are not equipped with a contacted car door or gate, shall have the operating device so arranged that the power will be cut off from the machine and the brake applied when the hand of the operator is removed from the operating device, except when the car is being operated by the leveling device in the leveling zone.

(3) For all types of elevators, the car operating device and the machine controller shall be labeled so as to designate the up and down car movement.

Exception: The operating device for signal or automatic operation elevators.

Car-switch or hand-lever operating levers shall be so arranged that the movement of the lever toward the entrance door (which the operator usually faces) will cause the car to descend, and the movement of the lever away from the door will cause the car to ascend.

Exception:

(1) Starting levers for signal operation elevators.

(2) Existing hydraulic elevators.

(4) Means shall be provided to operate the elevator from the top of the car during adjustment, inspection, maintenance, or repair.

The operating means shall conform to the following:

(A) It shall be of the continuous-pressure type.

(B) It shall operate the car at a speed not exceeding 150 feet per minute and shall be dependent on the normal terminal stopping devices as the limits of travel in either direction.

(C) It shall operate the car only when the car door or gate is in the closed position and when all hoistway doors are in the closed position and, where required by these regulations, locked.

(D) It may be of the portable type, provided the extension cord is permanently attached to a car top fixture so that the device cannot be removed.

(E) It shall be so arranged and connected that, when operative, the movement of the car shall be solely under the control of this device, except as provided in Section 3040(a)(4)(G); and any power-door operating devices shall be inoperative. The transfer switch or other means for accomplishing this function shall be located between the car crosshead and that side of the car which is nearest to the hoistway door used for access to the top of the car.

(F) The device shall be used only for the purpose of adjustment, inspection, maintenance, or repair of the elevator or hoistway equipment.

(G) Separate additional means, of the continuous-pressure type, may also be provided to make power-door operating devices and automatic car-leveling devices operative from the top of the car for testing purposes.

(H) The car top shall be kept free of grease or oil that would present a slipping hazard at this operating station.

(I) All elevators with car tops shall be provided with a top-of-car stop switch conforming to Section 3040(b)(5).

(J) All elevators with car tops shall be provided with a top-of-car electric light with switch and convenience outlet connected to a power source not disconnected by any action of the elevator control circuits.

Exception: Elevators installed before June 5, 1947.

(5) Operation of an elevator in a leveling or truck zone at any landing by a car-leveling or truck-zoning device, when the landing doors or the car doors or gates are not in the closed position, is permissible subject to the following:

(A) Operating devices of manually operated car-leveling devices or truck-zoning devices shall be of the continuous-pressure type located in the car, and the device inoperative except in the zone specified.

(B) Car platform guards conforming to Section 3033(i) shall be provided, and where a car-leveling device is used, landing sill guards conforming to Section 3020(a)(3)(B) shall also be provided.

(C) For elevators without static controls arranged to level automatically, which can be started only from on the car, which are equipped with power-opened car doors, the zone shall not extend more than 3 feet above and 3 feet below the landing level.

(D) For elevators with static controls arranged to level automatically, the leveling zone shall extend not more than 12” above and below the landing level.

(E) For elevators with static control, an inner leveling zone extending not more than three (3) inches above and three (3) inches below the landing shall be provided. A car shall not move if it stops outside of the inner leveling zone unless the doors are fully closed.

Exception: Elevators which comply with Section 3040(f)(4).

(F) For elevators without static controls arranged to level automatically, which can be started from the landings and are equipped with manually operated car doors or gates, the zone shall not extend more than 1 inches above and 15 inches below the landing level.

(G) Manually operated leveling devices (inching) are limited to a zone of 12 inches above and 12 inches below the landing level.

(H) The truck zone at any landing shall not extend more than 5 feet 6 inches above the landing.

(I) Where a truck or leveling zone for one hoistway entrance extends into the door interlocking zone for a second entrance, the truck-zoning or leveling operation shall be inoperative unless the hoistway door at the second entrance is in the closed position.

Where a truck or leveling zone for one hoistway entrance extends into the leveling zone for a second entrance, the leveling operation for the second entrance shall be inoperative while the hoistway door at the first entrance is open.

Exception: The car may be operated by a car-leveling device at any landing having two hoistway entrances within 2 inches of the same level, with both car doors or gates and the corresponding hoistway doors open, provided landing-sill guards conforming to Section 3020(a)(3)(B) are installed at both floors.

(J) A leveling or truck-zoning device shall move the car at a speed not more than 150 feet per minute.

(6) Automatic elevators shall conform to the following requirements:

(A) If the car has started for a given landing in response to an impulse from a car button, no impulse can be given from any landing to send the car in the reverse direction until the car has reached the destination corresponding to the first impulse or to cause the car to fail to stop at the landing indicated by the first impulse.

Exception: This is not intended to prevent the use of a key operated switch to gain control of an elevator for emergency operation.

(B) The car cannot be started by an impulse from a hall landing after completing a stop at a floor in response to the impulse from a car button until there has been a delay of not less than 5 seconds or the car door contact or the emergency stop switch has been operated.

(7) Constant pressure operation elevators shall be arranged so the car cannot be started by an impulse from a hall landing after a stop made by releasing the car button until there has been a delay of not less than 5 seconds or the car door contact or hoistway door locking device has been operated.

(8) Existing elevators operated by a non-self centering device, shall be provided with a sequence device to prevent re-starting of the car after any electrical protective device or main line switch has opened the circuit unless the operating device has first been returned to the inoperative position.

(b) Electrical Protective Devices. Electrical protective devices shall be provided in accordance with the following:

(1) Slack-Rope Switch. Elevators having winding-drum machines shall be provided with a slack-rope device equipped with a slack-rope switch of the enclosed manually reset type which shall cause the electric power to be removed from the elevator driving-machine motor and brake if the hoisting ropes become slack.

Exception: Elevators having a rise of not more than 15 feet, installed before June 5, 1947.

(2) Motor Generator Running Switch. Where generator field control is used, means shall be provided to prevent the application of power to the elevator driving machine motor and brake unless the motor generator set connections are properly switched for the running condition of the elevator. It is not required that the electrical connections between the elevator driving machine motor and the generator be opened in order to remove power from the elevator motor.

(3) Compensating-Rope-Sheave Switch. Compensating-rope sheave shall be provided with a compensating-rope-sheave switch or switches, mechanically opened by the compensating-rope sheave before the sheave reaches its upper or lower limit of travel, to cause the electric power to be removed from the elevator driving-machine motor and brake.

(4) Motor Field Excitation Switch. Where direct current is supplied to an elevator drive machine motor armature and shunt field, a motor field current sensing means shall be provided which shall cause the electric power to be removed from the motor armature and brake unless the direct current flowing in the shunt field of the motor is sufficient to prevent overspeeding of the motor.

Exception: Static control elevators provided with a device to detect an overspeed condition prior to and independent of the operation of the governor overspeed switch. This device shall cause power to be removed from the elevator driving machine motor armature and machine brake.

(5) Emergency Stop Switch. An emergency stop switch shall be provided in the car, and located in or adjacent to the car operating panel.

Exception: Passenger elevator cars with an in-car stop switch that comply with the requirements in Section 3040(b)(5)(B) below.

(A) Emergency stop switches shall:

1. When opened, cause the electric power to be removed from the elevator driving-machine motor and brake independently of the operation of the operating device and the leveling device.

2. Be of the manually opened and closed type.

3. Have red operating handles or buttons.

4. Be conspicuously and permanently marked, “STOP.”

5. Be positively opened mechanically and their opening shall not be solely dependent on springs.

(B) In-car stop switch.

1. An in-car stop switch shall be permitted in passenger elevator cars with enclosures constructed of solid material from the floor to the car top.

2. The in-car stop switch shall be either key operated or behind a locked panel.

3. The in-car stop switch shall be clearly marked “STOP” and shall indicate the stop and run positions.

4. The in-car stop switch shall comply with Sections 3040(b)(5)(A)1 and (b)(5)(A)5.

5. The elevator controls shall be arranged so the car will not move, level, or advance start, unless the hoistway door interlocks and the car door contacts are in the closed position, except for the required releveling or anti-creep.

6. The car door contacts shall be adjusted so the closed position is not more than one inch.

7. The keys for the in-car stop switch shall be available for use by maintenance and inspection personnel.

8. The Division shall be notified when an emergency stop switch in a passenger elevator is replaced with an in-car stop switch. The Division shall inspect the in-car stop switch before the passenger elevator is placed in service.

(6) Broken-Rope, Tape, or Chain Switches.

(A) Broken-rope, tape, or chain switches shall be provided when the slow-down switches of the normal terminal stopping device are located in the machine room.

(7) Stop Switch in Pit. A stop switch conforming to the requirements of Section 3040(b)(5) shall be provided in the pit of every electric or electrically controlled elevator. See Section 3016(g) for location.

Exception: Elevators installed before June 5, 1947.

(8) Stop Switch on Top of Car. A stop switch conforming to Section 3040(b)(5) shall be provided on top of every electric and every electrically controlled elevator car. See Section 3040(a)(4)(I).

(9) Car-Safety Mechanism Switch. A switch conforming to the requirements of Sections 3035(g)(2) and 3036(d) shall be required where a car safety is provided.

(10) Governor Overspeed Switch. A governor overspeed switch shall be provided when required by Section 3036(d).

(11) Final Terminal Stopping Devices. Final terminal stopping devices conforming to the requirements of Section 3039(b) shall be provided for every cabled electric elevator.

(12) Emergency Terminal Stopping Devices. Where reduced-stroke oil buffers are provided, as permitted by Section 3031(f), emergency terminal stopping devices conforming to Section 3039(c) shall be provided.

(13) Buffer Switches for Oil Buffers Used with Type C Car Safeties. Oil-level and compression switches conforming to the requirements of Section 3035(h)(2) shall be provided for all oil buffers used with Type C Safeties.

(14) Hoistway Door Interlocks or Hoistway Gate Contact Locks. Hoistway door interlocks or hoistway gate interlocks or contact locks shall be provided for all electric or electrically controlled elevators in accordance with the requirements of Section 3021.

(15) Car Door or Gate Electric Contacts. Car door or gate electric contacts shall be provided for all electric or electrically controlled elevators having car doors or gates.

(16) Normal Terminal Stopping Devices. Normal terminal stopping devices shall be provided for every electric or electrically controlled elevator.

(17) Car Side-Emergency-Exit Door Contact Switches. A car door electric contact shall be provided on each car side-emergency-exit door of an electric or electrically controlled elevator where such exit doors are provided.

(18) Motor-Generator Overspeed Protection. Means shall be provided to cause the electric power to be removed automatically from the elevator driving-machine motor and brake should a motor generator set, driven by a direct current motor, overspeed excessively.

(19) Electric Contacts for Hinged Car-Platform Sills. Hinged car-platform sills, where provided, shall be equipped with electric contacts.

(20) Oil Buffer Switches. Car and counterweight buffers of the spring return type shall be provided with a switch conforming to the requirements of Section 3031(j)(3).

(21) Sheave Space Stop Switch. A stop switch conforming to the requirements of Section 3040(b)(5) shall be provided in all sheave spaces, except secondary sheave spaces, where the space is provided with a floor.

(1) All electrical equipment and wiring shall comply with the provisions of CCR, Title 24, Part 3, Article 620.

(2) Phase Reversal and Failure Protection.

If polyphase alternating current power supply is used, a reverse phase protection shall be provided with means to prevent the starting of the elevator if the phase rotation is in wrong direction, or if there is a failure of any phase. This protection shall be considered to be provided if a reversal of phase of the incoming polyphase alternating current power will not cause the elevator driving machine motor to operate in the wrong direction.

(d) Installation of Condensers or of Devices to Make Electrical Protective Devices Inoperative. The installation of condensers, the operation or failure of which will cause an unsafe operation of the elevator, is prohibited.

No permanent device shall be installed, except as provided in these regulations, which will make any required electrical protective device inoperative.

(e) Release and Application of Driving-machine Brakes. Driving-machine brakes shall not be electrically released until power has been applied to the driving-machine motor.

All power feed lines to the brake shall be opened by an electro-mechanical switch and the brake shall apply automatically when:

(1) The operating device of a car-switch or continuous-pressure operation elevator is in the stop position.

(2) A floor stop device functions.

(3) Any of the electrical protective devices function, except car door contacts or hoistway door locking devices, during leveling operations. Under Sections 3040(e)(1) and 3040(e)(2), the application of the brake may occur at the time of or before the completion of the slow-down and leveling operations.

The brake shall not be permanently connected across the armature or field of a direct current elevator driving-machine motor nor shall a single ground, short circuit or static control failure prevent the application of the brake in the intended manner.

(f) Control and Operating Circuit Requirements. In the design and installation of the control and operating circuits, the following requirements shall be met.

(1) If springs are used to actuate switches, contactors, or relays to break the circuit to stop an elevator at the terminal landings, they shall be of the compression type.

(2) The completion or maintenance of an electric circuit shall not be used to interrupt the power to the elevator driving-machine motor or brake at the terminal landings, nor to stop the car when the emergency stop switch is opened or any of the electrical protective devices operate.

Exception: Dynamic braking, and speed control switches.

(3) The failure of any single magnetically operated switch, contactor, or relay to release in the intended manner, or the occurrence of a single accidental ground, shall not permit the car to start or run if any hoistway door or gate interlock is unlocked or if any hoistway door or car door gate contact is not in the closed position.

(4) The failure of any static control device, speed measuring circuit or speed pattern generating circuit to operate as intended or the occurrence of a single accidental ground or short circuit shall not permit the car to start or run if any hoistway door or gate interlock is unlocked or if any hoistway door or car door or gate contact is not in the made position.

Exception: Elevators with the operation described in Section 3040(a)(5)(E).

(5) Where generator field control is used, means shall be provided to prevent the generator from building up and supplying sufficient current to the elevator driving machine motor to move the car when the elevator motor or generator field control switches are in the “off” position.

The means used shall not interfere with maintenance of an effective dynamic braking circuit during stopping and standing conditions.

(6) The control circuits shall be so designed, installed, and maintained that the car speed in the down direction with rated load in the car, under normal operating conditions with the power supply on or off, shall not exceed governor tripping speed or 125 percent of the rated speed, whichever is lesser.

(7) Elevators with a static control shall comply with the following:

(A) An independent means shall be provided to limit the speed of an elevator to not more than 150 f.p.m. during leveling, access switch operation and inspection operation should the normal means to control this speed fail to do so.

Exception: Elevators with an independent speed measuring device arranged to remove power from the motor and brake independent of the static control if the speed of the elevator exceeds 150 f.p.m. during leveling, access switch operation and inspection.

(8) Where only one of the controller switches required by Section 3039(b)(5) is an electromechanical switch, the elevator control shall be arranged so the car shall not restart after the brake has been set unless the electromechanical switch has been in the de-energized position during the time the brake was set.

(g) Out-of-Service Requirements. When it is intended to discontinue, for an extended period, the use of an elevator, the cables shall be disconnected, and the car and counterweights landed satisfactorily, and the power disconnected.

(h) Load-Weighing Devices on Passenger Elevators. Load-weighing devices which will prevent operation of the elevator may be installed provided they function to prevent such operation only when the load on the elevator platform is in excess of 125 percent of minimum rated load.

(i) Floating (Movable) Platforms. Floating platforms which permit operation of the elevator when the car door or gate is not in the closed position are prohibited.

(Title 24, Part 7, Section 7-3040)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (a)(1) Exception, repealer of subsection (a)(1)(A), amendment of subsections (a)(3), (a)(8), (b)(2) and repealer of subsection (b)(6)(B) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Repealer of subsections (a)(5), (b)(4), (e) and (f) and new subsections (a)(5), (b)(4), (e) and (f) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment of subsection (c), repealer of subsections (c)(1)-(6) and new subsection (c)(2) and designation of (c)(1) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

4. Editorial corrections (Register 95, No. 32).

5. Amendment and redesignation of former subsections (b)(5)-(b)(5)(D) to subsections (b)(5)-(b)(5)(B)8. filed 1-11-2000; operative 2-10-2000 (Register 2000, No. 2).

§3041. Emergency and Signal Devices.

Note • History

(a) Emergency Devices for Summoning Assistance.

(Title 24, part 7, section 7-3041(a)).

(1) Passenger elevators and automatic operation freight elevators shall be provided with an emergency alarm system, operable from within the car, which will provide effective means for summoning assistance at all hours in case of emergency.

(2) New installations of passenger or freight elevators, which are operated at any time without a designated operator in the car, shall be provided with one of the two following emergency alarm systems.

(A) A telephone in each elevator car, connected to a central telephone exchange providing 24 hour service.

(B) A system meeting the following requirements.

1. An electric bell, operable from the car, not less than 6 inches in diameter, located inside the building and audible inside and outside the hoistway. One bell operable from all cars may be used for a group of elevators.

2. Means for two-way conversation between each elevator and a readily accessible point outside the hoistway.

Exceptions:
1. Elevators in buildings having a height from the lowest to the highest elevator landing of not more than 65 feet, providing the distance between any adjacent landing does not exceed 15 feet.
2. When the means of communication with an approved emergency service permits two-way conversation. See section 3041(a)(3)(B).
3. If the bell or the means of two-way conversation, or both, are normally connected to the building power supply, they shall automatically transfer to a source of emergency power within 10 seconds after the normal supply fails. The power source shall be capable of providing for the operation of the bell for one hour and the means of two-way conversation for 4 hours.

(3) Where elevators, which are operated at any time without a designated operator in the car, are located in buildings, other than apartments, hotels, or similar residential buildings, where attendants, watchmen, or tenants are not continuously available to take action in case the emergency signal is operated, and are not provided with a telephone in the elevator car connected to a central exchange system, they shall be provided with one of the following additional emergency signal devices.

(A) An electrical alarm bell, not less than 6 inches in diameter operable from inside the car shall be mounted in a weatherproof enclosure on the outside of the building near the main entrance. A sign that can be read from the adjacent sidewalk shall be mounted on or near the bell and shall be marked “ELEVATOR EMERGENCY, CALL POLICE” in letters not less than 2 inches high. Only one outside alarm bell is required, which shall be operable from the cars of all elevators of the type specified in the building. An emergency power source meeting the requirements of section 3041(a)(2)(B)3 shall be provided.

(B) Means within the car for communicating with or signaling to an approved emergency service which operates 24 hours each day.

(4) A sign, having lettering not less than 3/16 inch, shall be provided in passenger elevators adjacent to the car emergency alarm giving instructions as to the use of the device for summoning assistance.

(b) Photoelectric Tube By-Pass Switch.

(1) Elevators equipped with photoelectric tube devices, which control the closing of automatic, power-operated car or hoistway doors, or both, shall have a switch in the car which, when actuated, will render the photoelectric tube device ineffective.

(2) The switch shall be constant-pressure type, requiring not less than 10 lbf (44.5 N) nor more than 15 lbf (66.7 N) pressure to actuate.

(3) The switch shall be located not less than 6 ft. (1.83 m) nor more than 6.5 ft (1.98 m) above the car floor, and shall be located in or adjacent to the operating panel.

(4) The switch shall be clearly labeled “TO BE USED IN CASE OF FIRE ONLY.”

(5) Switches shall be kept in working order or be removed when existing installations are arranged to comply with subsection 3041(b), Exceptions.

Exceptions to subsection 3041(b):
1. Elevators installed and maintained in compliance with subsections 3041(c)(1)(A) and 3041(c)(1)(B).
2. Where alternate means, acceptable to the Division and fire authority having jurisdiction, are provided that will ensure the doors can close under adverse smoke conditions.

(Title 24, part 2, section 5103(h).)

(1) Elevators with automatic operation and automatic power operated hoistway doors shall conform to the following:

Exception: New elevators having a travel of not more than 25 ft. (7.62m) and elevators existing at the time of adoption of this order with a travel of not more than 50 ft. (15.24m).

(A) A three-position (on, off, and by-pass), key-operated switch shall be provided at the designated level for each single elevator or for each group of elevators. The key shall be removable only in the “on” and “off” positions. When the switch is in the “on” position, all elevators controlled by this switch and which are on automatic service shall return nonstop to the designated level and the doors shall open and remain open.

1. An elevator traveling away from the designated level shall reverse at or before the next available floor without opening its doors.

2. Elevators standing at a floor other than the designated level, with doors open, shall close the doors without delay, and proceed to the designated level.

3. Door reopening devices for power-operated doors which are sensitive to products of combustion, heat or flame shall be rendered inoperative.

4. All car and corridor call buttons shall be rendered inoperative and all call registered lights and direction lanterns shall be extinguished and remain inoperative.

5. A car stopped at a landing shall have its “Emergency Stop Switch” required by section 3040(b)(5) rendered inoperative as soon as the doors are closed and it starts toward the designated level. A moving car, traveling to or away from the designated level, shall have its “Emergency Stop Switch” rendered inoperative immediately.

6. A sensing device at each elevator landing which, when activated, prevents cars from stopping at that floor shall not be substituted for the above requirements.

(B) Sensing Devices.

1. In addition to the key operated switch required in section 3041(c)(1)(A) above, sensing devices shall be located in accordance with NFPA No. 72-E-1984 at each elevator landing at each floor except the designated level. The sensing devices shall be either combined rate of rise and fixed temperature devices or smoke sensing devices approved and listed as suitable for this purpose by the State Fire Marshal. The activation of a sensing device at any elevator landing shall cause all cars in all groups that serve that landing to return non-stop to the designated level. The operation shall conform to the requirements of section 3041(c)(1)(A)1 through section 3041(c)(1)(A)5. The key-operated switch required by section 3041(c)(1)(A), when moved to the “by-pass” position, shall restore normal service independent of the sensing devices. Smoke detector systems shall not be self-resetting.

Exceptions:
(a) Elevator landings in buildings which are completely protected by an automatic sprinkler system. (See NFPA No. 13-1983 Sprinkler System)
(b) Elevator landings of unenclosed landings open to the atmosphere or open to an interior court of a building.
(c) Freight elevators located in single use buildings where openings are into manufacturing areas.

2. In addition to the sensing devices required by section 3041(c)(1)(B)1, either or both of the following additions are permitted:

(A) Sensing devices installed at the designated-level which, when activated, will cause all cars in all groups that serve that lobby to return non-stop to an alternate level, approved by the Division, unless the key-operated switch required by section 3041(c)(1)(A) is in the “on” position.

(B) Sensing devices installed in associated elevator machine rooms or associated elevator hoistways which, when activated, will cause all cars to function as specified in section 3041(c)(1)(B).

Note: See T24 CCR, section E620-37, Foreign Wires, for limitations on sensing devices located in elevator hoistways.

(C) Elevators without a landing at grade level shall be returned to the landing closest to grade level or other level approved by the local fire authorities and shall conform to the requirements of section 3041(c)(1)(A)1 through section 3041(c)(1)(A)6.

(D) Elevators having a travel of 70 feet or more above the lowest grade elevation surrounding the building shall be provided with the following operation:

A two position (off, on) key-operated switch shall be provided in or adjacent to an operating panel in each car and shall be effective only when the designated level key-operated switch is in the “on” position or a sensing device has been activated and the car has returned to the designated level or other approved alternate level. The key shall be removable only in the “off” position, and when in the “on” position it shall place the elevator on emergency service.

The operation of elevators on emergency service shall be as follows:

1. An elevator shall be operable only by a person in the elevator.

2. Elevators shall not respond to elevator corridor calls.

3. The opening of power-operated doors shall be controlled only by continuous pressure “Door Open” buttons or switches. If the switch or button is released prior to the doors reaching the fully open position, the doors shall automatically reclose. Open doors shall be closed by registration of a car call or by pressure on “Door Close” switch or button.

4. The car shall stay on emergency service as long as the car key is in the “on” position even though the designated level key-operated switch is returned to its “off” position.

5. The emergency stop switch shall be rendered operative.

(E) Multi-deck elevators shall conform to the requirements of section 3041(c)(1)(D), section 3041(c)(1)(F) and the following:

1.The key-operated switch required by section 3041(c)(1)(A) shall be located at the designated level served by the upper deck.

2.The key-operated switch in the car required by section 3041(c)(1)(D) for emergency service operation shall be located in the top deck. The elevators shall be provided with means for placing the lower deck out of service including closing of car and hoistway doors. The lower deck shall be out of service before the emergency service operation from the top deck becomes effective. The means for placing the lower deck out of service shall be located in that deck or adjacent to the entrance in the corridor.

(F) The switches required by section 3041(c)(1)(A) and section 3041(c)(1)(D) shall be operated by the same key but shall not be a part of a building master key system. There shall be a key for the designated level switch and for each elevator in the group and these keys shall be kept on the premises by persons responsible for maintenance and operation of the elevators, in a location approved by the local fire protection authorities readily accessible to authorized persons, but not where they are available to the public. The locks shall be of the cylinder type having not less than a 5-pin or 5-disc combination.

(2) Attendant-Operated Elevators. Elevators operable only by a designated attendant in the car shall be provided with a signal system consisting of both visual and audible types actuated at the designated level or other approved alternate level to alert the attendant to return non-stop to the designated level or other approved alternate level. Provisions shall be made to alert the attendant in the same manner when a sensing device is activated.

(3) Elevators Arranged for Dual Operation. Elevators arranged for dual operation shall, when on automatic operation conform to section 3041(c)(1) and when on operation by a designated attendant in the car, conform to section 3041(c)(2).

(4) Operating Instructions. Instructions for operation of elevators under fire and other emergency conditions shall be incorporated within the enclosure for the switch at the designated level required by section 3041(c)(1) and section 3041(c)(2) or shall be posted adjacent to it. Instructions shall be in letters not less than 1/4-in. (6.4mm) in height and shall be permanently installed and protected against removal and defacement.

(5) Floor Numbers. Elevator hoistways shall have a floor number not less than 4 in. (102mm) in height, placed on the walls and/or doors of the hoistway at intervals such that a person in a stalled elevator, upon opening the car door, can determine the floor position.

(6) Fire Signs. All automatic elevators shall have not less than one sign at each landing printed on a contrasting background in letters not less than 1/2 inch high to read: “In case of fire use stairway for exit. Do not use elevator.”

(7) Elevators exempt from the requirements of section 3041(c):

(A) Elevators in jails and penal institutions, where the recall of an elevator would interfere with mandatory security.

(B) Elevators in noncombustible type structures such as rock quarrys, mills, steel towers, dams, storage bins, noncombustible power plants, and tanks where the elevators are used only by maintenance and operating personnel.

(8) The date for compliance with the retroactive requirements of section 3041(c) for existing elevators installed before October 6, 1975 shall be October 6, 1978.

Exception: Elevators in buildings subject to the provisions for existing high rise buildings section B1733 of title 19 where good cause for not complying by October 6, 1975 and where a systematic and progressive plan of compliance has been submitted to and approved by the Division to comply on or before April 26, 1981.

(Title 24, part 2, section 5103(i).)

(d) Earthquake Emergency Operation.

(1) Passenger elevators with automatic operation and counterweights shall be provided with earthquake protective devices of the following types.

Exceptions:
(1) Elevators whose car and counterweight guiding system including rails, brackets and guiding shoes whose equipment fastenings and attachments to the building structural members have been properly certified to the Division, by an engineer qualified under the Civil and Professional Engineers Act, to be designed and built to withstand the static and dynamic seismic forces for which the building was designed.
(2) Elevators in structures such as rock quarries, mills, steel towers, dams, storage bins, power plants and tanks where the elevators are used only by maintenance and operating personnel and in buildings such as jails and penal institutions, where stopping of an elevator would interfere with the security of the institution.
(3) A period of seven years from October 6, 1975 will be allowed for elevators existing at the time of the adoption of section 3041(d) to comply with the retroactive requirements of section 3041(d).

(A) Elevators with drum machines operating at any speed and traction machines operating at rated speeds of more than 150 f.p.m. shall be provided with either a seismic switch device or a derailment switch device.

(B) Elevators with traction machines with rated speeds of not more than 150 f.p.m. shall be provided with a collision switch device.

Exceptions:
1. Elevators provided with either a seismic switch device or a derailment switch device.
2. Elevators with traction machines with counterweights located or restrained to prevent the car and counterweight colliding.

(C) Elevators with traction machines arranged to operate under emergency conditions after activation of either a seismic switch device or a derailment switch device shall be provided with a collision switch device.

Exceptions:
1. Elevators with traction machines with counterweights located or restrained to prevent the car and counterweight colliding.
2. Elevators equipped with a derailment switch that continuously monitors the position of the counterweight and therefore acts as a collision switch.

(2) Passenger elevators with traction machines, counterweights, and selective collective or group automatic operation shall, upon activation of a seismic switch or derailment device, and if in motion, either

(A) Slow to a speed not greater than 150 f.p.m. and proceed to the next floor in the direction of the travel and stop.

Exception: Elevators operating in a hoistway with more than 36 feet between landings shall not proceed to the next floor in the direction of travel if the car must pass the counterweight

(B) Stop and then proceed to the next floor at a speed not greater than 150 f.p.m. in a direction away from the counterweight.

(3) Passenger elevators with traction machines having automatic operation other than selective collective or group automatic shall, if in motion, upon activation of an earthquake protective device, stop.

Exception: Elevators with traction machines that comply with 3041(d)(2).

(4) Passenger elevators with counterweights and drum machines shall, if in motion, upon activation of an earthquake protective devices stop.

(5) Elevators required to comply with section 3041(d)(1) when on automatic operation shall conform to sections 3041(d)(2), (3), and (4) when on attendant service.

(6) Cars stopped by an earthquake protection device shall be operable at not more than 150 f.p.m. from the car top operating station as described in section 3040(a)(4) if so equipped.

(7) Activation of a seismic switch device or momentary activation of a derailment switch device shall prevent operation of the car by the emergency service key described in 3041(c) or a hospital emergency service key at a speed greater than 150 f.p.m.

(8) Activation of a collision switch device or continuous activation of a derailment switch device shall prevent operation of the car except from the car top operating station.

Exception: Cars stopped by activation of the collision switch or derailment switch may be operable from the emergency service switch described in section 3041(c) in the direction away from the counterweight.

(9) A collision switch shall, upon activation, stop an elevator traveling at a speed of 150 f.p.m. before the car meets the counterweight.

(10) Elevators not in operation shall remain at the landing. Elevators shall upon reaching a landing remain at the landing unless operated by the emergency service key described in section 3041(c).

(11) Cars with power operated doors shall upon reaching a landing cause their doors to open and remain open unless operated by the emergency service key described in section 3041(c).

(12) An earthquake sensing device shall activate upon excitation in a horizontal or vertical direction of not more than 0.15 g.

(13) An identified momentary reset button or switch for each car, located in the control panel in the machine room, shall be provided for elevators equipped with a seismic switch or a derailment switch.

(14) Cars stopped by an earthquake protection device shall remain stopped in the event of a power failure and subsequent restoration of power. The functions performed by the electrical protective devices required by section 3040(b) shall not be canceled by the earthquake protection device.

(15) Earthquake protection devices with exposed live parts in the hoistway shall operate at not more than 24 volts root mean square A.C. or 24 volts D.C. above or below ground potential and shall not be capable of supplying more than 1/2 ampere when short circuited.

(16) Earthquake protection devices shall be of a fail safe-type or shall include a dual system arranged to prevent energizing the sensing portion unless the complete system is intact.

(17) Earthquake protection devices shall be arranged to be checked for satisfactory operation and shall be calibrated at intervals recommended by the manufacturer.

(e) Medical Emergency Elevators.

(1) All buildings and structures constructed after the effective date of this order that are provided with one or more passenger elevators shall be provided with not less than one passenger elevator designed and designated to accommodate the loading and transport of an ambulance gurney or stretcher maximum size 22 1/2 in. (572 mm) by 75 in. (1.90 m) in its horizontal position and arranged to serve all landings in conformance with the following:

Exceptions to section 3041(e)(1):
1. Elevators in structures such as rock quarries, mills, steel towers, dams, storage bins, power plants and tanks where the elevators are used only by maintenance and operating personnel; elevators in buildings such as jails and penal institutions; and private residence type elevators in locations under the jurisdiction of the Division.
2. Elevators in buildings or structures where each landing is at ground level or is accessible at grade level or by a ramp.
3. Elevator(s) in two story buildings or structures equipped with stairs of a configuration that will accommodate the carrying of the gurney or stretcher as permitted by the local jurisdiction authority.
4. Elevators in buildings or structures for which the local jurisdictional authority has granted an exception in the form of a written document.
5. Elevators in buildings or structures for which the building plans were filed or for which a permit was issued prior to (the effective date of this order).

(A) The hoistway landing openings shall be provided with power operated doors.

(B) The clear opening provided by the elevator entrance shall be not less than 42 in. (1.07 m) wide nor less than 78 in. (1.98 m) high.

Exception to section 3041(e)(1)(B):
See Exception to section 3041(e)(1)(C).

Exception to section 3041(e)(1)(B) and (C):

The platform dimensions and/or the clear entrance opening dimension may be altered where it can be demonstrated to the local jurisdictional authority's satisfaction that the car and entrance configuration to be provided will handle the designated gurney or stretcher with equivalent ease. Documentation from the local authority shall be provided to the Division.

(D) The elevator(s) that is designated the Medical Emergency Elevator shall be arranged to be recallable by a key switch as are the elevators which must comply with subsection 3041(c)(1)(A). For the purpose of this subsection elevators in compliance with subsection 3041(c) shall be acceptable.

(2) Designation. New elevators arranged to conform with section 3041(e)(1) shall be provided with identification which can be readily noted from the landings and hallways.

(A) The identification shall be the international symbol (Star of Life) for Emergency Medical services.

(B) The symbol shall be approximately 3 in. (76 mm) in size.

(C) The symbols (2 each) shall be permanently attached to the hoistway door frame on that portion at right angles to the hallway or landing areas at a glance not less than 78 in. (1.98 m) and not more than 84 in. (2.13 m) above the floor level at the threshold.

(3) Designation. Elevators existing prior to July 1, 1986 that were intended as medical emergency elevators or any other passenger elevator of adequate size and configuration that the local jurisdictional authority may designate should be provided with the international symbols as required by section 3041(e)(2).

Note: 1: The intent of section 3041(e) is to ensure that each floor or landing of the building or structure can be accessed or egressed with a gurney or stretcher in the horizontal position. The Division will be receptive to passenger elevators of any size and/or configuration that can be demonstrated to meet this intent even if it does not comply with the specifications listed, providing the local building official and authority deem it acceptable.

Note: 2: The orders in section 3041(e) are not intended to be used to require the installation of an elevator, service to a given floor or landing, or the altering of an existing elevator as a result of building changes or upgrading. Such requirements must come from a different source, code or law.

(Title 24, part 7, section 7-3041)

(Title 24, part 2, section 5108)

NOTE

Authority cited: Sections 142.3 and 7301.5, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. Repealer of subsection (c) and new subsections (c) and (d) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. Amendment of subsection (d)(2) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Subsection (d) which was filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30 for technical reasons.

4. New subsections (c)(7) and (c)(8), amendment of Exception within subsection (d)(1), repealer of subsection (d)(5) and Exception within subsection (d)(17), and new subsection (d)(5) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

5. Repealer of subsection (c)(7) (Register 75, No. 36 version) filed 1-3-79; effective thirtieth day thereafter (Register 79, No. 1).

6. Amendment of subsection (c) filed 6-19-86; effective thirtieth day thereafter (Register 86, No. 25).

7. Amendment of subsection (c)(1)(E) filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 49).

8. New subsection (e) filed by Building Standards Commission with the Secretary of State on 1-26-88. Submitted to OAL for printing only pursuant to government Code section 11343.8 (Register 88, No. 19).

9. Editorial correction of NOTE 2 filed 6-12-91; operative 7-12-91 (Register 91, No. 34).

10. Amendment of subsections (a) and (b) and Reference citation, filed 7- 1-91; operative 7-31-91 (Register 91, No. 43).

11. Editorial correction of subsections (c)(1)(B)1. and (e)(1) Exception 4 (Register 95, No. 32).

§3042. Hoisting Ropes and Their Connections.

Note • History

(a) Suspension Means. All cable-driven elevator cars and counterweights shall be suspended by steel or iron wire ropes attached to the car frame or passing around sheaves attached to the car frame. Ropes shall be without covering, except that marlin-covered rope may be used where liability to excessive corrosion or other hazard exists.

(1) Only wire rope having the commercial classification “Elevator Wire Rope,” or wire rope constructed specifically for elevator use, shall be used for the suspension of elevator cars and for the suspension of counterweights, including replacement of ropes on existing elevators.

(b) Wire Rope Data on Crosshead Data Plate.

(1) The crosshead data plate required in Section 3037(c)(2)(B) shall bear the following wire rope data.

(A) The number of ropes.

(B) The diameter in inches.

(2) Whenever new ropes are installed that do not agree in size, number, or material with the existing data, the division shall be notified in writing before such a change is made.

(1) A metal, fiber, or plastic tag shall be securely attached to one of the wire rope fastenings. This data tag shall bear the following wire rope data:

(A) The diameter in inches.

(B) The manufacturer's rated breaking strength.

(D) The month and year the ropes were installed.

(E) Whether nonpreformed or preformed.

(F) Construction classification.

(G) Name of the person or firm who installed the ropes.

(H) Name of the manufacturer of the rope.

(2) A new tag shall be installed at each renewal.

(3) The height of the letters shall be not less than 1/16inch.

(d) Wire Rope Data on Reshackling Tag.

(1) Whenever wire ropes are reshackled, a metal, fiber, or plastic tag shall be securely attached to one of the wire rope fastenings. This tag is in addition to the tag required in Section 3042(c). The reshackling tag shall bear the following data:

(A) The month and year the ropes were reshackled.

(B) The name of the person or firm who reshackled the ropes.

(e) Factor of Safety.

(1) The factor of safety of the suspension wire ropes shall be not less than that determined by the formula and graphs of Design Section 3107(a). Table 3042E1 lists the minimum factors of safety for various intermediate rope speeds.

TABLE NO. 3042E1

Minimum Factors of Safety for Suspension Wire Ropes

Rope Speed Minimum Factor Rope Speed Minimum Factor

in Feet Per of Safety in Feet Per of Safety

Minute Passenger Freight Minute Passenger Freight

50 7.60 6.65 700 11.00 9.80

75 7.75 6.85 750 11.15 9.90

100 7.95 7.00 800 11.25 10.00

125 8.10 7.15 850 11.35 10.10

150 8.25 7.30 900 11.45 10.15

175 8.40 7.45 950 11.50 10.20

200 8.60 7.65 1000 11.55 10.30

225 8.75 7.75 1050 11.65 10.35

250 8.90 7.90 1100 11.70 10.40

300 9.20 8.20 1150 11.75 10.45

350 9.50 8.45 1200 11.80 10.50

400 9.75 8.70 1250 11.80 10.50

450 10.00 8.90 1300 11.85 10.55

500 10.25 9.15 1350 11.85 10.55

550 10.45 9.30 1400 11.90 10.55

600 10.70 9.50 1450 11.90 10.55

650 10.85 9.65 1500 11.90 10.55

(2) The factor of safety of replacement ropes for existing elevators shall be not less than the factor of safety of the original ropes based on their original breaking strength.

(f) Minimum Number and Diameter of Hoisting Ropes.

(1) The minimum number of hoisting ropes used shall be three for traction elevators, and two for drum-type elevators.

Exception: Existing traction elevators with two hoisting ropes.

(2) Where a car counterweight or a drum counterweight is used, the number of counterweight ropes used shall be not less than two.

(3) The minimum diameter of hoisting and counterweight ropes shall be 3/8-in. (9.5 mm). Outer wires of the ropes shall be not less than 0.024 in. (0.61 mm) in diameter.

The term “diameter,” where used in this section, shall refer to the nominal diameter as given by the rope manufacturer.

(Title 24, Part 7, Section 7-0342.)

(g) Suspension Rope Equalizers.

(1) Suspension rope equalizers, where provided, shall be of the individual-compression spring type.

Exception: Equalizers of other types may be used with traction elevators provided the equalizers and their fastenings are accepted by the division; and provided that equalizers of the single-bar type or springs in tension shall not be used to attach suspension ropes to cars or counterweights or to dead-end hitch plates. See Design Section 3107(d).

(2) Equalizers shall be used on the car and counterweight ends of all ropes of overhead drum-type elevators where the ropes travel in opposite directions on the drum face.

(h) Securing of Wire Suspension Ropes to Winding Drums.

(1) Car and counterweight suspension ropes of winding drum machines shall have the drum ends of the ropes secured on the inside of the drum by clamps or by tapered babbitted sockets.

(2) Wire suspension ropes of drum-type machines shall have not less than one turn of each rope on the drum when the car or counterweight is resting on the fully compressed buffers.

(i) Replacement and Reshackling of Suspension and Compensation Ropes.

(1) When wear, corrosion, broken wires, or other factors indicate that ropes or cables have their breaking strength materially reduced below the manufacturer's rating, they shall be renewed.

(2) When hoisting or counterweight ropes are renewed, the entire set shall be renewed. A set of rope in this case shall mean all of the hoisting ropes, or all of the car counterweight ropes, or all of the drum counterweight ropes.

(3) Suspension wire ropes or compensating ropes shall not be lengthened or repaired by splicing.

(4) When suspension ropes are renewed, the method of babbitting shall conform to the requirements of Sections 3042(j)(5), 3042(j)(6), and 3042(j)(7).

(5) The hoisting ropes of power elevators having drum-type driving machines with one-to-one (1:1) roping shall be reshackled at the car ends when an inspection shows any evidence of fatigue or abrasion, and in no case at intervals longer than indicated in the following schedule.

Frequency

in years

O.H. Drum, Heavy Duty (Over 50 trips per day) 1

O.H. Drum, Medium Duty (25-50 trips per day) 2

O.H. Drum, Light Duty (Less than 25 trips per day) 4

Basement Drum, Heavy Duty (Over 50 trips per day) 2

Basement Drum, Medium Duty (25-50 trips per day) 4

Basement Drum, Light Duty (Less than 25 trips per day) 6

Exception: In lieu of reshackling, the division will accept an auxiliary rope-fastening device which meets the requirements of Section 3042(k).

(A) At the time of this reshackling, a careful inspection shall be made of other shackles, particularly at the drum counterweight ends with the weights landed and the rope slack. These ends shall be reshackled if they show any evidence of fatigue or abrasion.

(B) See Section 3042(d) for the data required on the reshackling tag.

(j) Hoisting Rope Fastenings.

(1) The car and counterweight ends of car and counterweight wire ropes, or the stationary hitch-ends where multiple roping is used, shall be fastened in such a manner that all portions of the rope, except the portion inside the rope sockets, shall be readily visible.

Fastening shall be:

(A) By individual tapered babbitted rope sockets. See Design Section 3107(b)(1).

(B) By other types of rope fastenings accepted by the division provided that U-bolt-type rope clips (clamps) shall not be used for such fastenings. See Design Section 3107(b)(2).

(2) The car ends, or the car or counterweight dead ends where multiple roping is used, of all suspension wire ropes of traction-type elevators shall be provided with shackle rods of a design which will permit individ--ual adjustment of the rope lengths. Similar shackle rods shall be provided on the car or counterweight ends of compensating ropes.

(3) Hoisting rope fastenings shall conform to the following:

(A) The portion of the rope fastening which holds the wire rope (rope socket) and the shackle rod may be in one piece (unit construction) or they may be separate.

(B) The rope socket shall be either cast or forged steel provided that where the rope socket and the shackle rod are in one piece (unit construction), the entire fastening shall be of forged steel. See Design Section 3107(b).

(D) Where the shackle rod is separate from the rope socket, the fastening between the two parts shall be positive and such as to prevent their separation under all conditions of operation of the elevator. Where the connection of the two parts is threaded, the length of the thread engagement of the rod in the socket shall be not less than 11/2 times the root diameter of the thread on the rod, and a cotter pin or equivalent means shall, in addition, be provided to restrict the turning of the rod in the socket and prevent unscrewing of the connection in normal operation.

(E) Rope fastenings incorporating antifriction devices which will permit free spinning of the rope shall not be used.

(F) Where hoisting or car counterweight ropes pass through plates at the hitchblock or car crosshead, said plates shall be chamfered, and free from sharp projections.

(4) Tapered babbitted-type rope sockets shall be of design as shown in Figure 3107 and shall conform to the requirements of Design Section 3107(b).

(5) Only babbitt metal shall be used to secure ropes in tapered babbitted sockets. Babbitt metal shall contain at least 9 percent of antimony and shall be clean and free from dross.

(6) Where the tapered babbitted-type of socket is used, the method and procedure to be followed in making up the fastening shall conform to that outlined in Design Section 3107(c).

(7) When the babbitt has cooled and the tape at the small end removed, a visual inspection shall be made which shall show that:

(A) The babbitt is visible at the small end of the socket.

(B) The tops of the looped strands of the rope are just visible above the surface of the babbitt. Where rope wih steel core is used, the steel core shall also be visible above the surface of the babbitt.

(C) No loss of rope lay has occurred where the wire rope enters the basket. Babbitted sockets which do not conform to the above requirement shall be rejected and the rope resocketed.

(k) Auxiliary Rope Fastening Device. Auxiliary rope-fastening devices, designed to support elevator cars or counterweights if any regular rope fastening fails, may be provided subject to the following requirements:

(1) They shall be accepted by the division on the basis of adequate tensile and fatigue test made by an approved testing laboratory.

(2) The device and its fastenings, in its several parts and assembly, shall have a strength at least equal to that of the manufacturer's breaking strength of the rope to which it is to be attached.

(3) The device shall be so designed and installed that:

(A) It will not become operative unless there is a failure of normal rope fastening.

(B) It will function in a rope movement of not over 11/2 inches.

(4) Means shall be provided to cause the electric power to be removed from the hoisting machine motor and brake when any auxiliary fastening device operates. Such means shall be of the manually reset type.

(5) The method used to attach the device to the rope shall be such as to prevent injury to or appreciable deformation of the rope.

(6) The installation of the device shall not reduce the required overhead clearances.

(7) Each device shall be permanently marked with the name of the manufacturer and with the size of the wire rope for which they are designed to be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (f) filed 6-11-86; effective thirtieth day thereafter (Register 86, No. 24).

2. Editorial correction of subsection (k)(3)(C) (Register 95, No. 32).

Article 9. Hydraulic Elevators

§3050. Hoistways, Hoistway Enclosures, and Machine Rooms.

Note • History

(a) Construction of Hoistways and Hoistway Enclosures. The construction of hoistways and hoistway enclosures shall conform to Section 3010.

(b) Machine Rooms and Machinery Spaces.

(1) Hydraulic elevator machines and control equipment shall be installed in a separate room or enclosure conforming to the requirements of Section 3011(a).

Exception: Existing installations of cabinet-type machines.

(2) The enclosure for the elevator equipment shall be arranged so that passage through the machine room or enclosure is not necessary to gain access to other equipment or other parts of the building.

(3) Elevator machine rooms or enclosed areas shall be kept free of all materials except those used for repair or maintenance of the elevator.

Exception: Existing installations of cabinet-type machines.

(4) Safe access to machine rooms and machinery spaces shall be provided to conform to the regulations of Sections 3011(c) and 3011(d).

(5) The ceiling height in elevator machine rooms or enclosures shall be not less than 7 feet and the clear headroom not less than 6 feet 6 inches below obstructions, such as; pipes, ducts, or wiring used in connection with the elevator.

(6) Permanent lighting and convenience outlets shall be provided and installed to comply with the requirements of CCR, Title 24, Part 3, Article 620.

(7) Clear work space shall be provided within the machine room or enclosure to comply with the requirements of Section 3011(g) except that where the controller is not mounted on the pumping unit, or where the design of the machine housing is such that three (3) sides are permanently enclosed, and that oil may be added to the reservoir safely and without spills getting into the controls, a third side of the machine may be partially or totally blocked provided all other requirements for access to machine parts are complied with.

(8) Where the machinery for more than one elevator is installed in the same machine room, a separate number shall be assigned to each elevator and the major components within the machine room identified with the number assigned.

(Title 24, Part 7, Section 7-3050)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b)(5) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment of subsections (b)(7) and (b)(8) filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).

3. Editorial correction of printing error in article heading (Register 92, No. 35).

4. Amendment of subsection (b)(6) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

§3051. Electric Wiring, Pipes, and Ducts in Elevator Hoistways, Machine Rooms, or Machinery Spaces.

Note • History

Electric wiring, pipes, and ducts in hoistways, machine rooms, or machinery spaces shall conform to Section 3012, except that the clear headroom under ducts may be reduced to 6 feet 6 inches.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3052. Location and Guarding of Counterweights, and Guarding of Exposed Equipment.

Note • History

(a) Where Required:

(1) The location and the guarding of counterweights, where provided, shall conform to Section 3013.

(2) The guarding of exposed equipment in the machine room and in the hoistway shall conform to the applicable requirements of Section 3014 and the following:

(A) Pump drive belts and pulleys shall be guarded to protect against accidental contact when adjustments are made to adjacent valves or control components.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3053. Machine and Sheave Beams, Supports, and Foundations and Pits.

Note • History

(a) Machine and Sheave Beams, Supports, and Foundations. Overhead sheave beams and their supports for counterweights, where provided, shall conform to Section 3015.

(b) Pits. Elevator pits shall conform to Section 3016, except the bottom clearance and runby shall be determined by Section 3054.

(d) Structural Members for Offset Car Frame Elevators. Structural members used to attach guide rails, plungers and cylinders to the building shall be designed to withstand four times the static loads imposed by the class of loading used.

(Title 24, Part 7, Section 7-3053)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (c) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. New subsection (d) filed 5-25-76; effective thirtieth day thereafter (Register 76, No. 22).

3. Subsection (c) which was filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30, for technical reasons.

4. Amendment of subsection (c) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

5. Amendment filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).

§3054. Bottom and Top Clearances and Runby for Cars and Counterweights.

Note • History

(a) For Direct-Plunger Elevators. The bottom and top clearances and runby for cars, and for counterweights where provided, shall conform to the following:

(1) The bottom car clearance shall conform to Section 3017(a) provided that, in the determination of the clearance required by Section 3017(a)(1), any under-car bracing which is located within 6 inches horizontally from the edge of the car platform or 3 inches horizontally from the centerline of the guide rails shall not be considered.

(2) The bottom runby of the car shall be not less than 3 inches.

(3) The top runby of the car shall be not less than 6 inches.

(4) Neither the top nor the bottom runby of the car shall be more than 24 inches. The top runby of the hydraulic elevator car is the distance the car platform travels above the top terminal landing when the plunger reaches its extreme limit of travel.

(5) Any fixed structure above the car or crosshead when the plunger is at its extreme limit of travel shall conform to the following:

(A) The distance above a horizontal plane even with the top of the car crosshead and extending 2 feet each side of the crosshead shall be not less than 2 feet.

Exception: Offset car frames outside the area of the car top that have not less than 12 inches between a horizontal plane even with the top of the crosshead member and any object above.

(B) The distance above any part of the car top shall be not less than 2 feet 6 inches.

(D) The clearance from the raised guardrails required by Section 3034(a)(9) to the overhead structure shall be not less than 18 inches when the plunger is at its extreme limit of travel in the “up” direction.

(6) Where a counterweight is provided, the top clearance and the bottom runby of the counterweight shall conform to the following:

(A) Top Clearance. The top clearance of the counterweight shall be not less than the sum of the following three items:

1. The bottom car runby.

2. The stroke of the car buffers used.

3. 6 inches.

(B) Bottom Runby. The bottom runby of the counterweight shall be not less than the sum of the following:

1. The distance the car can travel above its top terminal landing until the plunger strikes its top mechanical stop.

2. 6 inches.

The minimum runby specified shall not be reduced by rope stretch.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (a)(5)(D) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsections (a)(3) and (a)(5) filed 5-25-76; effective thirtieth day thereafter (Register 76, No. 22).

3. Amendment of subsection (a)(5) filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48).

4. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).

5. Editorial correction of subsection (a)(1) (Register 95, No. 32).

§3055. Horizontal Car and Counterweight Clearances.

Note • History

The horizontal car and counterweight clearances shall conform to the requirements of Section 3018, except that the distance between the enclosure and any side of the car top that is not protected by guide rails shall be not more than 2 feet.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. New NOTE filed 12-8-86; effective thirtieth day thereafter (register 86. No. 50).

§3056. Protection of Spaces Below Hoistways.

Note • History

(a) Protection of Usable Space Below Hoistways. Where the space below the hoistway is used for a passageway, is occupied by persons, or if unoccupied is not permanently sealed against access, the following requirements shall be conformed to:

(1) The cylinder shall be supported by a structure of sufficient strength to support the entire load that may be imposed upon it; and

(2) No counterweights will be permitted.

(3) The car shall be provided with buffers of one of the following types:

(A) Oil buffers conforming to Section 3061(a).

(B) Spring buffers of a design which will not be fully compressed when struck by the fully loaded car at the maximum speed attained in the down direction.

(4) Car buffer supports shall be provided which will withstand, without permanent deformation, the impact resulting from buffer engagement by the car with its rated load at the maximum speed attained in the down direction.

(b) Protection of Cylinders and Piping. Cylinders and piping that pass through areas where vehicles may contact them shall be protected by guards or barriers. (Title 24, Part 7, Section 7-3056)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (register 86. No. 50).

§3057. Protection of Hoistway Landing Openings.

Note • History

The protection of hoistway landing openings shall conform to the requirements of Section 3020.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (register 86. No. 50).

§3058. Hoistway Door and Gate Locking Devices.

Note • History

Hoistway door and gate locking devices, hoistway access, and parking devices shall conform to the requirements of Section 3021.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (register 86. No. 50).

§3059. Power Operation of Doors and Gates.

Note • History

Power operation, power opening, and power closing of hoistway doors or gates and car doors or gates shall conform to the requirements of Section 3022.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (register 86. No. 50).

§3060. Car and Counterweight Guide Rails, Guide Rail Supports and Fastenings.

Note • History

(a) Guide Rails Required. Passenger and freight elevators shall be provided with car guide rails, and with counterweight guide rails where a counterweight is provided.

(b) Materials and Rail Section. The guide rail material and the rail section shall conform to Sections 3030(b) through 3030(e) inclusive.

(1) Guide rails shall be fastened to the building structure at intervals of not more than 16 feet.

(2) The stresses and deflections in the car guide rails and in their brackets, fastenings, and supports due to the horizontal forces imposed on the rail during loading, unloading, and running, based on the bracket spacing used, shall conform to Design Section 3109(a).

Where, for the rail section used, the stresses exceed those therein specified, the rail section shall be reinforced to limit the stresses and deflections to the amount specified.

(3) Guide rails for counterweights, where provided, shall conform to the applicable portions of Section 3030(f).

(d) Rail Joints and Fishplates. The joints of metal guide rails shall conform to the requirements of Section 3030(i).

(e) Overall Length of Guide Rails. The top and bottom ends of each run of guide rail shall be so located in relation to the extreme positions of travel of the car and counterweight that the car and counterweight guiding members cannot travel beyond the ends of the guide rails. The guide rails shall be supported from the pit floor in such a manner that the entire weight of either the car or counterweight can be suspended from the associated set of guide rails.

(f) Guide Rail Brackets and Building Supports and Their Fastenings. The guide rail brackets, building supports, and their fastenings shall conform to the applicable requirements of Sections 3030(k) and 3030(l).

Exception: The seismic forces referred to in Section 3030(k)(1)(C).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New exception in subsection (f) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment of NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3061. Car and Counterweight Buffers or Bumpers.

Note • History

(a) Car Buffers or Bumpers

(1) Car buffers shall be provided for elevators having a maximum speed of more than 50 feet per minute in the down direction.

(2) Car bumpers or buffers shall be provided for elevators having a maximum speed of less than 50 feet per minute in the down direction.

(3) Car buffers or bumpers shall conform to the requirements of Section 3031 except that the stroke and retardation requirements for hydraulic elevators shall be based on the maximum speed in the down direction.

Where the cylinder is an integral part of the car frame and takes the buffer reactions directly, the buffers shall be arranged symmetrically with respect to the cylinder.

(4) Car buffers or bumpers shall be located so that the car will come to rest on the bumper or on the fully compressed buffer before the plunger or cylinder reaches its down limit of travel.

(b) Counterweight Buffers. Where counterweights are provided, counterweight buffers shall not be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a)(3) and (a)(4) filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48).

2. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3062. Counterweights.

Note • History

(a) Applicable Requirements. Counterweights, where provided, shall conform to the requirements of Section 3032.

Exception: Rod-type counterweights may be used provided that, in addition to the two tie rods, they also have two supporting rods having a factor of safety of not less than 5 with the elevator at rest and the counterweight at the top of its travel.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3063. Car Frames and Platforms.

Note • History

(a) Requirements. Direct-plunger elevators shall be provided with car frames and platforms conforming to the requirements of Section 3033 subject to the following modifications:

(1) The stresses and deflections in car frame and platform members and their connections, based on the static load imposed upon them, shall be not more than those permitted by Section 3033, provided that the maximum stresses in the car frame uprights which are normally subject to compression shall conform to Design Section 3103(a)(1).

(2) The calculation of the stresses and deflections inside post car frame and platform members shall be based on the formula and data in Section 3103(a).

For cars with corner-post or subpost car frames, or offset car frames, the formulas and specified methods of calculations do not generally apply and shall be modified to suit the specific conditions and requirements in each case.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a)(2) filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48).

2. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3064. Car Enclosures, Car Doors and Gates, and Car Illumination.

Note • History

Car enclosures, car doors and gates, and car illumination shall conform to the requirements of Section 3034, except that side emergency exits in passenger elevator cars shall not be permitted.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. NO. 50).

§3065. Car and Counterweight Safeties.

Note • History

(a) If a car safety is provided, it shall engage the guide rails to produce a retarding force, and it shall conform to the requirements of Section 3035 and the following:

(1) The safety shall be of a type which can be released only by moving the car in the up direction. The switches required by Section 3036(d) shall, when opened, remove power from the driving machine motor and control valves before or at the time of application of the safety.

(b) If a plunger engaging safety device (PESD) is provided in direct plunger hydraulic elevators, it shall engage the plunger to produce a retarding force, and it shall be designed and approved for that purpose. See Section 3106.1 for required approval data.

(1) The PESD shall:

(A) be the type that can only be released by establishing at least no load pressure on the hydraulic system,

(B) be responsive to a pressure decrease in the system,

(D) be field tested during the acceptance test. The test shall be witnessed by the Division before a permit to operate is issued. The test shall be conducted at no less than the operating speed in the down direction with a capacity load on the car, to demonstrate that the PESD shall stop the elevator with its capacity load.

(2) Further, the PESD shall:

(A) be tested annually for proper operation with no load,

(B) when actuated, operate a switch that shall cut off the power from the operating valves and pump motor. This switch shall reset only upon release of the PESD.

(3) The PESD shall have a metal plate or plates, permanently attached and readily visible, marked with legible and permanent letters and figures not less than 1/4 inch high indicating the following:

(A) the name of the PESD manufacturer and the identifying numbers,

(B) the date the PESD was initially tested and witnessed,

(D) the maximum weight, in pounds, for which the PESD is designed,

(E) the maximum speed for which the PESD is designed, and,

(F) the shim adjustment range.

(4) The PESD may be used on new elevators that are covered by regulations in Group III and existing elevators that are covered by regulations in Group II.

(5) The runby clearance may be reduced to no less than one inch on existing hydraulic elevators if a PESD is provided.

(6) The subsequent 5-year load tests per Section 3071(j) will not be required when the hydraulic elevator is equipped with a PESD that complies with the provisions of Section 3065(b) above.

(Title 24, Part 7, Section 7-3065)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

2. Amendment filed 4-13-2000; operative 5-13-2000 (Register 2000, No. 15).

§3066. Capacity and Loading.

Note • History

(a) Applicable Requirements. The requirements of Section 3037 covering capacity and loading shall apply to hydraulic elevators except for the following:

(1) With Class C2 loading, all parts of the hydraulic equipment shall be designed for the maximum pressure developed in the system during loading and unloading.

(2) The crosshead data plate or plates shall indicate the following:

(A) The weight of the complete car and the auxiliary equipment attached to the car, excluding the plunger and cylinder where they are not part of the car frame.

(B) The rated load and speed.

(D) The manufacturer's name and date of installation.

(3) The requirements of Section 3037(g) for lifting one-piece loads do not apply. Hydraulic elevators shall not be loaded to exceed their rated load as specified on the capacity plate unless designed and installed to carry one-piece loads exceeding their rated load.

(4) The requirements of Design Section 3100(b), Additional Requirements for Passenger Overload, do not apply to hydroelectric elevators.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a)(2)(A) filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48).

2. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3067. Hydraulic Driving Machines, Plungers, Cylinders, and System Oil Level.

Note • History

(a) Type of Drive.

(1) Hydraulic elevators shall be of the direct-plunger type with the plunger or cylinder attached directly to the underside of the car, or to the car frame without intervening linkages, ropes or chains.

(2) Hydraulic machines shall be of the hydroelectric type.

(b) Plungers.

(1) The plunger and connecting couplings for the plunger shall be of material with a factor of safety of not less than 5 based on the ultimate strength and with an elongation of not less than 10% in a length of 2 in. (51 mm).

(2) Plungers shall be designed, constructed, and attached to the car in accordance with Design Section 3102.

(3) Plungers shall be provided with solid metal stops and/or other means to prevent the plunger from traveling beyond the limits of the cylinder. Stops shall be so designed and constructed as to stop the plunger from maximum speed in the up direction under full pressure without damage to the connection to the driving machine, plunger, plunger connection, couplings, plunger joints, cylinder, cylinder connecting couplings or any other parts of the hydraulic system. For rated speeds exceeding 100 fpm (0.51 m/s) where a solid metal stop is provided, means other than the normal terminal stopping device shall be provided to retard the car to 100 fpm (0.51 m/s) with a retardation not greater than gravity, before striking the stop.

(4) A plunger-follower guide may be used provided it is arranged so that the elevator is always in a position where the unsupported length of the plunger conforms to the “maximum free length” as defined in Section 3102(a) and to open the power circuit if this length is exceeded.

(1) Cylinders shall be designed and constructed in accordance with the formula in Sections 3102(e) and 3102(f).

(2) Clearance shall be provided at the end of the cylinder so that the end of the plunger will not strike the head of the cylinder when the car is resting on its fully compressed buffer.

(3) Means shall be provided to collect any oil leakage from the cylinder packing gland.

(d) System Oil Level.

(1) The hydraulic system oil level shall be monitored by a qualified person or an approved monitoring system to ensure the system oil level is within the manufacturer's recommended level.

(2) When the oil is below the recommended level, and the quantity of oil loss is not accounted for, the elevator shall be taken out of service and the Division shall be notified within 48 hours.

(A) The elevator shall remain out of service until the cause of the unaccounted oil loss is determined and corrected.

(Title 24, Part 7, Section 3067)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48).

2. Amendment filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

3. Amendment of section heading, new subsections (d)-(d)(2)(A), and amendment of Note filed 4-13-2000; operative 5-13-2000 (Register 2000, No. 15).

§3068. Valves, Supply Piping and Fittings.

Note • History

(a) General Requirements.

(1) Valves, piping, and fittings shall not be subjected to working pressures exceeding those recommended by the manufacturer for the type of service for which they are used.

(2) Piping shall be so supported as to eliminate undue stresses at joints and fittings, particularly at any section of the line subject to vibration.

(3) Flexible hose and fitting assemblies and flexible couplings installed between the check valve and the cylinder on new installations or as replacements on existing elevators shall conform to the following:

(A) Installations shall be accomplished without introducing twist in the hose, and shall conform with the minimum bending radius specified in SAE 100 R2 High Pressure, Steel Wire Reinforced, Rubber Covered Hydraulic Hose. They shall be located and supported to protect hose and fittings from abrasions or undue stresses from external sources.

(B) Shall have a bursting strength sufficient to withstand not less than 10 times working pressure. They shall be tested in the factory or in the field prior to installation at a pressure of at least 5 times working pressure, and shall be marked with date and pressure of test. See Section 3009(b) for definition of working pressure.

(D) Hose fittings shall be of an approved type.

(E) The hose and fittings assembly shall be permanently marked with the SAE hose-type identification and the installation date.

(F) When wear, corrosion or other factors indicate that safety factor of the hose has been materially reduced below the manufacturer's rating, it shall be renewed.

(G) Flexible couplings shall be so designed and constructed that failure of the sealing element will not permit separation of the parts connected.

(b) Relief and Check Valves.

(1) Each pump or group of pumps shall be equipped with a relief valve conforming to the following requirements:

(A) The relief valve shall be located between the pump and the check valve and shall be of such a type and so installed in a by-pass connection that the valve cannot be shut off from the hydraulic system.

(B) The relief valve shall be pre-set to open at a pressure not greater than that necessary to maintain 125 percent of the working pressure.

(C) The size of the relief valve and by-pass shall be sufficient to pass the maximum rated capacity of the pump without raising the pressure more than 20 percent above that at which the valve opens. Two or more relief valves may be used to obtain the required capacity.

(D) Relief valves having exposed pressure adjustments, if used, shall have their means of adjustment sealed after being set to the correct pressure.

Exception: No relief valve is required for centrifugal pumps driven by induction motors, providing the shut-off, or maximum pressure which the pump can develop, is not greater than 135 percent of the working pressure at the pump.

(2) A check valve shall be provided and shall be so installed that it will hold the elevator car with rated load at any point when the pump stops or the maintained pressure drops below the minimum operating pressure.

(1) Supply piping materials and fittings shall conform to the requirements of Design Section 3102(g).

Exception: Flexible hydraulic hose and fitting assemblies and flexible coupling.

(2) The minimum wall thickness shall conform to the following:

(A) For working pressures up to 250 pounds per square inch, piping equal to standard schedule 40 steel pipe may be used without stress analysis.

(B) For working pressures more than 250 pounds per square inch, the wall thickness shall be not less than that determined by the formula in Section 3102(g).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a)(3) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment of subsection (a)(3)(B) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment of NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).

4. Editorial correction of subsection (c)(2)(A) (Register 95, No. 32).

§3069. Tanks.

Note • History

(a) General Requirements.

(1) All tanks shall be of sufficient capacity to provide for an adequate liquid reserve to prevent the entrance of air or other gas into the system.

(2) The permissible minimum liquid level shall be clearly indicated.

(b) Storage and Discharge Tanks.

Storage and discharge tanks shall conform to the following:

(1) They shall be covered and suitably vented to the atmosphere.

(2) They shall be so designed and constructed that, when completely filled, the factor of safety shall be at least 4 based on the ultimate strength of the material.

(3) Welding of parts on which safe operation depends shall conform to Section 3033(g).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86. No. 50).

§3070. Terminal Stopping Devices.

Note • History

(a) Normal Terminal Stopping Devices.

Normal terminal stopping devices shall be provided, conforming to the requirements of Section 3039(a).

Exceptions:
1. The device shall be so designed and installed that it will continue to function until the car reaches its extreme limits of travel.
2. The bottom terminal stopping device may be made ineffective while the car is under control of the top-of-car operating device.
3. The switch contacts shall be directly opened mechanically. Arrangements which depend on a spring, or gravity, or a combination of both, to open the switch contacts, shall not be used.

(b) Emergency Terminal Stopping Devices. Emergency terminal stopping devices shall be installed at the top of the hoistway for rated car speeds of more than 100 feet per minute and shall conform to the following:

(1) They shall operate independently of the normal terminal stopping device should this device fail to slow down the car at the terminal as intended.

(2) They shall retard the car to 100 feet per minute with a retardation not greater than gravity before the plunger reaches its limit of travel in the up direction.

(3) At least two control means are required, one controlled by the emergency terminal stopping device and another by the normal terminal stopping device.

(4) A single short circuit caused by a combination of grounds or by other conditions shall not prevent the functioning of the emergency terminal stopping device.

Exception: Where the plunger is provided with a device to retard the car to 100 feet per minute, with a retardation not greater than gravity, before the plunger reaches its extreme limit of travel, emergency terminal stopping devices are not required.

(Title 24, Part 7, Section 7-3070)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).

2. New Exception 3. to subsection (a), statement prior to Note and amendment of Note filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

§3071. Operation, Operating Devices and Control Equipment.

Note • History

(a) Types of Operating Devices.

(1) Operating devices shall be of a type conforming to the requirements of section 3040(a)(1), section 3040(a)(2) and section 3040(a)(3).

(2) Top-of-car operating devices shall be provided and shall conform to the requirements of section 3040(a)(4).

Exceptions:
Elevators having a rise of not more than 15 feet and which do not have access switches at the upper landing.
The operation in the down direction may be independent of the down terminal stopping device.

(b) Operation. Operation shall conform to the requirements of sections 3040(a)(4), (a)(5), (a)(6), (a)(7) and (a)(8).

(1) A two-way automatic maintaining leveling device shall be provided for elevators with automatic or continuous pressure button operation.

(2) Leveling devices and truck zoning devices shall conform to the requirements of section 3040(a)(5).

(d) Electrical Protective Devices. In addition to the terminal stopping devices required by section 3070, the following electrical protective devices shall be provided and shall conform to the requirements of section 3040(b), except that their operation shall cause the electrical power to be removed from all control valves and from the pump motor.

(1) Emergency-stop switch.

(2) Stop switches in pits.

(3) Stop switches on top of cars.

(4) Hoistway door interlocks or hoistway gate contact locks.

(5) Car-door or gate electric contacts.

(6) Electric contacts for hinged car-platform sills.

Exception: Devices (4), (5), and (6) need not remove the power within the leveling zones.

(e) Requirements for Electrical Equipment and Wiring. All electrical equipment and wiring shall comply with the provisions of CCR, Title 24, Part 3, Article 620.

(f) Installation of Condensers or Devices to Make Electrical Protective Devices Inoperative. The installation of condensers or other devices to make electrical protective devices inoperative shall conform to section 3040(d).

(g) Control and Operating Circuit Requirements. The design and installation of the control and operating circuits shall conform to the following requirements:

(1) Springs, where used to actuate switches, contactors, or relays to stop an elevator at the terminals, or to actuate electrically operated valves, shall be of the compression type.

(2) The completion or maintenance of an electric circuit shall not be used to interrupt the power to control-valve-operating magnets nor to the pump-driving motor under the following conditions:

(A) To stop the car at the terminal.

(B) To stop the car when the emergency stop switch or any of the electrical protective devices operate.

(3) The failure of any single magnetically operated switch, contactor, or relay to release in the intended manner, or the occurrence of a single accidental ground, shall not permit the car to start if any hoistway door interlock is unlocked or if any hoistway door or car door or gate contact is not in the closed position.

(h) Load-Weighing Devices on Passenger Elevators. Load-weighing devices which will stop the elevator while running shall not be installed in connection with passenger elevators. They may be installed to prevent the elevator from leaving a floor but the setting shall be for a load not more than that which would actuate the relief valve.

(i) Car Emergency Signal. Elevators which are operated at any time without a designated operator shall be provided with an emergency signal conforming to the requirements of section 3041(a).

(j) Load Test Required. Every hydraulic elevator installed hereafter shall be field tested before a permit to operate is issued, and again at intervals not to exceed five (5) years.

(1) The test shall be witnessed by an authorized representative of the Division, or the Division may accept reports of witnesses accepted by the Division as competent. This test shall demonstrate that:

(A) When running the car with rated load in both directions:

1. The rated speed as shown on the crosshead data plate shall not be greater than 110 percent of the actual speed in the up direction with the rated load on the car.

Exception to Section 3071(j)(1)(A)1:

For elevators installed prior to 3-21-70 the Division may accept a greater percentage of the actual speed.

2. The full load “down” speed shall not be greater than 125 percent of the rated speed as shown on the crosshead data plate.

(B) The relief valve is in compliance with Section 3068(b).

(C) When the car with rated load is stopped at some elevation in the hoistway for a period of 15 minutes, and with the power disconnected, the elevator does not move (drift or creep). Any change in car position which cannot be accounted for by visible oil leakage or liquid temperature change indicates a problem and the need for further inspection, tests, or repairs.

(D) The pressure switch if provided is in compliance with Section 3071(m).

(2) A metal, fiber, or plastic tag shall be securely attached to the elevator pumping unit in the machine room, with lettering not less than 1/4 in. (6.4 mm) on a contrasting background indicating the following information:

1. Elevator state number

2. Elevator company who conducted the load test

3. Date of load test.

(k) Out-of-Service Requirements.

(1) When it is intended to discontinue the use of an elevator for an extended period, the power shall be disconnected and the liquid line to the cylinder disconnected.

(2) The car shall be landed in a satisfactory manner.

Note: To facilitate reactivation of the elevator, the car should be landed at least 2 feet above the bottom terminal.

(l) Operation of Elevators Under Fire or Other Emergency Conditions.

(1) Elevators with automatic operation shall conform to fire and other emergency requirements as follows:

(A) Elevators with automatic power operated hoistway doors to section 3041(c).

(B) Elevators with manually operated hoistway doors to section 3041(c)(5) and section 3041(c)(6).

(m) Loss of Pressure Device. A pressure switch or other means shall be provided to prevent the liquid in the cylinder or plunger from returning to the tank through an open valve in the event the weight of the platform is removed from the cylinder or plunger.

(n) Photoelectric Tube By-Pass Switch. Elevators equipped with photoelectric tube devices which control the closing of automatic, power-operated car or hoistway doors, or both, shall conform to the requirements of section 3041(b).

(o) Medical Emergency Elevators. All buildings and structures constructed after the effective date of this order that are provided with one or more passenger elevators shall conform to the requirements of section 3041(e).

(Title 24, Part 7, Section 7-3071)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (l) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. New subsection (m) filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48).

3. Amendment of subsections (a), (b) and (k) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

4. Amendment of subsection (c); repealer and new subsection (l) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

5. Amendment filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).

6. New subsections (n) and (o) approved by the Building Standards Commission on 5-24-91 and filed 6-12-91; operative 7-12-91 (Register 91, No. 34).

7. Amendment of subsections (e) and (o) and repealer of subsections (e)(1)-(2) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

8. Redesignation of subsections (j)(1)-(j)(1)(E), amendment of subsection (j)(1)(A)1 Exception, subsections (j)(1)(B), (D) and (E) and new subsections (j)(2)-(j)(2)3 filed 12-6-94; operative 1-5-95 (Register 94, No. 49).

9. Editorial correction of subsections (a)(2) Exception 2 and (j)(2) (Register 95, No. 32).

10. Amendment of subsections (j)(1)(A) and (j)(1)(C) and deletion of subsection (j)(1)(E) approved by the Building Standards Commission on 1-31-2001 and filed 2-2-2001; operative 3-4-2001. Submitted to OAL for printing only (Register 2001, No. 13).

§3072. Counterweight Ropes, Rope Connections, and Sheaves.

Note • History

(a) Ropes and Rope Connections. Where a counterweight is provided, the counterweight shall be connected to the elevator car by not less than two steel wire ropes.

The wire ropes and their connections shall conform o Section 3042.

Exception: The factor of safety of the wire rope shall be not less than 7.

(b) Sheaves. Sheaves for counterweight wire ropes shall conform to Sections 3038(b), 3038(c), and 3038(e).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 1423, Labor Code.

HISTORY

1. Amendment of Exception within subsection (a) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment of NOTE filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).

Article 10. Hand and Power Sidewalk Elevators

§3073. General Requirements for Sidewalk Elevators with Sidewalk Doors.

Note • History

(a) Type of Elevator. Sidewalk elevators shall be of the direct plunger type with a hydroelectric machine or they may be hand elevators.

(b) Limits of Speed and Travel of Power Elevators.

(1) The rated speed of power-driven sidewalk elevators shall be not more than 50 feet per minute.

(2) Sidewalk elevators shall not be arranged to travel above the normal sidewalk level except as provided in Section 3074(d)(3).

(1) Hoistways and hoistway enclosures for sidewalk elevators shall conform to Section 3010.

Exceptions:
1. Section 3010(a)(2)(B). The height of the basement entrance for new and existing installations shall be not more than 12 feet.
2. The requirements of Section 3010(d).
3. The requirements of Section 3010(e)(2).

(2) Machine rooms and machine enclosures shall be provided and their construction shall conform to Section 3050(b).

Exception: Hand elevators.

(A) The clearances and work space requirements shall comply with the following:

1. For hydraulic elevators to Section 3050(b).

2. For existing cabled elevators to Section 3011.

(B) See CCR, Title 24, Part 3, Article 620, required lights, convenience outlets, and clearance around control panels.

(C) Elevator machine rooms or enclosed areas shall be kept free of all materials except those used for repair or maintenance of the elevator.

(3) Pits shall be provided for sidewalk elevators.

(A) The pit shall conform to Section 3016 except the bottom clearance shall conform to Section 3073(c)(3)(B).

(B) The bottom car clearance shall conform to Section 3017(a) provided that, in the determination of the clearance required by Section 3017(a)(1), any undercar bracing which is located within 6 inches horizontally from the edge of the platform or within 3 inches horizontally from the centerline of the guide rails shall not be considered.

(d) Landing Openings in Sidewalks.

(1) The maximum clear opening in any sidewalk and its location with respect to the street line or building line shall be determined by local building codes except that in no case shall this opening be inside the building line.

(2) Hoistways shall not be located either wholly or partially in front of any entrance to a building.

(3) The doors shall be of the hinged type with the line of the hinges at right angles to the building wall or at right angles to the curb, if located next to the curb.

(4) Hoistways shall be located so that the clearance between the edge of the doors and the building wall shall be either not more than 4 inches or not less than 24 inches.

(5) There shall be a minimum clearance of 18 inches between the face of the doors and any obstruction when the doors are in the open position.

Exceptions:
1. Elevators installed before June 5, 1947.
2. Elevators with controls and operating devices that conform to Section 3074(l)(3) need not comply with Section 3073(d)(5).

(6) The sidewalk opening shall be protected by metal doors of sufficient strength to support a static load of not less than 300 pounds per square foot, uniformly distributed. They shall have a nonslip upper surface.

(A) The doors shall be two section center-opening hinged to be level with the sidewalk or other area exterior to the building when in the closed position.

(B) The doors of power elevators shall be opened by the ascending car and shall be self-closing and self-locking as the car descends, and shall be kept in the closed position when the car is not at the top landing.

Exception: The sidewalk doors may be held in the open position by a bar or other device that prevents accidental closing of the doors.

(C) The sidewalk opening shall be further protected by full automatic hinged screens located directly below the sidewalk doors and operated by the car. The screens shall cover the entire hatchway when the elevator is not at the sidewalk level except that openings as necessary for the operation of the door lock or the screens will be permitted.

Exception: Elevators installed before June 5, 1947, which are arranged so the sidewalk doors are not held open or on which the open sides are provided with side screens at least 42 inches high.
1. When the sidewalk doors are open and the elevator is not at the sidewalk level, the opening shall be protected by automatic screens or by side screens on the open sides.
2. Automatic screens, when closed, shall be capable of supporting a 300-pound load on any 1 square foot and shall be constructed of materials that will reject a ball 2 inches in diameter.
3. Automatic screens shall not be tied or held open except when the car is at the sidewalk level.

(D) Sidewalk doors shall be provided with a device that will:

1. Prevent the doors from opening automatically more than 90 degrees from their closed position when the car ascends.

2. Prevent the doors from remaining in the open position when the car descends unless the hold-open bar or device is in place.

(E) Hold-open bars shall be provided with a self-locking device that will prevent the bar from being dislodged by accidental contact.

(F) When gates are provided on the elevator car, the clearance between the gate and the hold-open bar shall be not less than 5 inches when the gate is opposite the bar.

(e) Protection of Other Hoistway Openings.

(1) Entrances at hoistway landings shall comply with the requirements of Section 3020, as they apply to freight elevators, in the case of power elevators and to Section 3076 for hand elevators.

(2) Hoistway door or gate-locking devices shall conform to the requirements of Section 3021, as they apply to freight elevators, except that where gates are used, the bottom landings may be provided with a contact lock.

(f) Requirements for Electrical Wiring and Electrical Equipment. Electrical wiring and wireways in hoistways, machine rooms and machinery spaces shall comply with CCR, Title 24, Part 3, Article 620.

(g) Clearance Between Loading Side of Car Platforms and Hoistway Enclosures. The horizontal clearance between the car and the hoistway shall comply with Section 3018.

(Title 24, Part 7, Section 7-3073)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code

HISTORY

1. Amendment of subsection (d)(5) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment of subsections (c)(2)(B), (f) and Note filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

§3074. Machinery and Equipment for Elevators with Sidewalk Doors.

History

(a) Guide Rails, Guide Rail Supports, and Fastenings. Guide rails and their supports shall conform to Section 3030 and Design Section 3109(a) for hydroelectric elevators and to Section 3077(e) for hand elevators.

(1) The top and bottom ends of each run of guide rail shall be located so that the car cannot travel beyond the ends of the rail. The rails shall be extended to or supported by the pit floor.

(b) Buffers. Buffers shall conform to the following:

(1) Hydroelectric elevators to Section 3061.

(2) Hand elevators to Section 3076(e)(4).

(c) Counterweights. Power sidewalk elevators shall be uncounterweighted. Existing counterweights shall be maintained to comply with Section 3032.

(d) Car Frames and Platforms.

(1) Car frames and platforms shall conform to the requirements of Section 3063 for hydroelectric elevators, and Section 3077(a)(3) for hand elevators.

(2) Bow irons shall be provided on the car to operate the sidewalk doors and screens except on hand elevators.

(A) Bow irons shall be not less than 7 feet high, except that this height may be reduced by an amount necessary to permit the sidewalk doors to close when the car is at the landing next below the sidewalk level.

(B) Bow irons shall be so designed and installed as to withstand the impact when striking the doors.

(3) Sidewalk elevators arranged to travel above the level of the sidewalk shall conform to the following:

(A) The depth of the car frame and the length and spacing of the guiding members shall be such as to prevent tipping of the platform when it is at its highest upper landing level. See Section 3063(a)(1) for the minimum requirements.

(B) The car platform shall be provided with metal aprons or guards on all exposed sides, conforming to the following:

1. They shall be made of metal of not less than No. 16 M.S. gage.

2. They shall have a straight vertical face flush with the outer edge of the platform, having a depth of not less than the distance between the normal upper terminal landing level and the highest upper landing level plus 3 inches.

3. The lower portion of the guard shall be rounded or bent back at an angle of approximately 75 degrees with the horizontal.

(e) Car Enclosures and Car Doors and Gates.

(1) Power-driven sidewalk elevators shall be provided with a car enclosure on the unused sides to a height of not less than 6 feet, conforming to the requirements of Section 3034(c).

Exception: Existing elevators in existing buildings where because of building conditions it is not possible to install sides 6 feet high providing the sides furnished are the maximum height obtainable.

(2) Where car gates or doors are provided, they shall conform to the requirements of Section 3034(f) and shall be provided with a contact conforming to Section 3034(d)(2).

(3) Car enclosures are not required for hand elevators.

(f) Capacity and Loading.

(1) The capacity and loading requirements shall conform to the following:

(A) Hydroelectric elevators to Section 3066.

(B) Hand elevators to Section 3077(c).

(2) Elevators designed for Class B or Class C loading shall have a sign in the car that conforms to the requirements of Section 3037(e)(1)(A).

(g) Driving Machines and Sheaves. Driving machines and sheaves shall conform to Sections 3067, 3068, and 3069 for hydroelectric elevators, and to Section 3077(g) for hand elevators.

(h) Terminal Stopping Devices of Power Elevators.

(1) Terminal stopping devices shall conform to the following:

(A) Hydroelectric elevators to Section 3070.

(B) Limit switches installed in the hoistway at the lower terminal shall be located as far above the bottom of the pit as practicable.

(i) Operating Devices and Control Equipment of Power Elevators.

(1) Operating devices and control equipment shall conform to the requirements of Section 3071.

Exceptions:
1. Top of car inspection switches.
2. Top of car stop switches.

(2) Access switches are not required except where biparting doors are installed at the lowest landing.

(3) The operation of power elevators through the sidewalk doors shall conform to the following:

(A) The elevator shall be operated in both the up and down directions through the opening, only from the sidewalk level, except when the doors are held in the open position by the hold-open bar or device.

(B) The operation from the sidewalk level shall be by means of key-operated continuous-pressure type up and down switches or by continuous-pressure type up and down buttons on the free end of a plug-in flexible cord not more than 5 feet in length.

(C) Key-operated switches shall be of the continuous-pressure spring-return type and shall be operated by a cylinder-type lock having not less than a 5-pin or 5-disc combination with the key removable only when the switch is in the off position.

(D) Where the elevator is located on the building wall half of the sidewalk, but not more than 4'0” from the building wall, the key switch or plug receptacle shall be located in the wall within 18 inches horizontally of the edge of the hoistway or within one section of the sidewalk door.

When the elevator is not located on the building wall half of the sidewalk, the key switch or plug receptacle shall be located within one section of the sidewalk door or within 18 inches horizontally of the edge of the hoistway.

Key-operated switches and plug receptacles shall be weatherproof.

(4) Operating buttons may be provided in the elevator car provided that such buttons shall operate the car only when the bow iron is not in contact with the sidewalk doors.

(5) Operating buttons may be provided, mounted on the underside of the sidewalk doors in such a manner as to be clear of the automatic screens, provided that such buttons shall operate the car only when doors are held in the fully open position by the hold-open bar or device.

(6) Operating buttons for operation of the elevator from the hall landings shall not be used except the access switch required for access to the pit where biparting vertically sliding doors are installed at the lowest landing. The access switch shall operate the car only when the bow iron is not in contact with the sidewalk doors.

(7) Operation shall be of the continuous-pressure type.

(8) When it is intended to discontinue the use of a sidewalk elevator for an extended period of time, power elevators shall comply with the requirements of Section 3071(k) and hand power elevators shall comply with Section 3077(j).

HISTORY

1. Amendment of subsections (e)(1), (i)(1) and new subsection (i)(8) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

§3075. Sidewalk Elevators Without Sidewalk Doors.

(a) General Requirements.

(1) Sidewalk elevators without sidewalk doors shall be of the hydroelectric type.

(2) Sidewalk elevators may be installed inside the building with the top landing opening onto the sidewalk or other outside area served, but without any opening into the interior of the building at the top landing.

(3) The rated speed for sidewalk elevators of this type shall not exceed 150 feet per minute.

(4) Sidewalk elevators of this type shall conform to all sections of Article 9 as they apply to freight elevators, subject to the following requirements:

(A) The car frame shall be of a type without a crosshead.

(B) No car top shall be provided.

(D) The underside of the hoistway ceiling shall be not less than 10 feet 6 inches above the car floor when the car floor is level with the top landing nor less than 10 feet above the car floor when the ram has reached its extreme limit of travel in the up direction.

(E) The requirements for car top inspection, car top stop switch, light, and convenience outlet shall not apply.

(F) Access switches for car top inspection are not required.

(5) The hoistway enclosure shall be smooth and flush except for the necessary entrances with no recesses or projections in the hoistway walls.

Article 11. Hand Elevators

§3076. Hoistways, Hoistway Enclosures, and Related Construction.

History

(a) Construction of Hoistways and Hoistway Enclosures.

(1) Hoistways of hand elevators shall be enclosed as required for power-driven elevators in Section 3010(a).

(2) The strength of the hoistway enclosure shall be as required in Section 3010(b).

(3) The construction at the bottom of the hoistway shall comply with Section 3010(c).

(b) Machine Rooms and Machinery Spaces.

(1) Hand elevator machines may be located inside the hoistway enclosure at the top or bottom intervening enclosures or platforms. Machines of hand sidewalk elevators having a travel of not more than one story are not required to be enclosed.

(2) The access to machine rooms and machinery spaces shall comply with Section 3011(c) except that vertical ladders with handgrips may be used for access from building floors where the difference in level exceeds 3 feet.

(3) Permanent electric lighting shall be provided in all machine rooms or machinery spaces.

The machinery and sheave beams, supports, and foundations shall comply with the requirements of Section 3015.

(d) Pits. A pit shall be provided at the bottom of every hand elevator hoistway. These pits shall extend the entire area of the hoistway and shall be of sufficient depth so that there will be not less than 12 inches clearance between the bottom of the pit and the underside of the elevator when the elevator is landed on the fully compressed buffers or bumpers. The pit shall be not less than 30 inches deep.

(e) Bottom and Top Clearances and Runby for Cars and Counterweights.

(1) The top car clearance shall be not less than the sum of the following:

(A) The bottom counterweight runby, if any.

(B) The stroke of the counterweight buffer where buffers are used.

(2) The top counterweight clearance shall be not less than the sum of the following:

(A) The bottom car runby, if any.

(B) The stroke of the car buffers where buffers are used.

(3) The top car clearance shall be not less than 18 inches with the platform level with the top landing.

(4) Bumpers or buffers shall be provided under all hand-powered elevators.

(f) Hoistway Clearance. The horizontal clearance between the car and the hoistway or the car and the counterweights shall comply with Section 3018 except that shear plates described in Section 3018(g) need not be provided when the car will not travel in the up direction with 150 pounds on the platform and the brake released.

(g) Protection of Spaces below Hoistways. The requirements of Section 3019 shall apply.

(h) Protection of Hoistway Landing Openings.

(1) Hoistway landing openings shall be provided with vertically sliding semi-automatic or full automatic gates not less than 66 inches high of a design that will reject a ball 2 inches in diameter. Gates shall be so constructed and guided as to withstand a lateral force of 100 pounds concentrated at the center of the gate without being deflected beyond the line of the landing sill, and a force of 250 pounds without forcing the gate from its guides or breaking the gate.

Exception: Where architectural conditions or necessary access to the operating rope preclude the use of 66 inch high gates, the following conditions are permitted.
1. A top landing full automatic gate may be not less than 41 nor more than 43 inches high.
2. A lowest landing full automatic gate not less than 41 nor more than 43 inches high may be used if it disappears into the pit.
3. Semi-automatic gates not less than 41 nor more than 43 inches high may be used at any landing.

(2) Where any gate less than 66 inches high is used at any landing other than the top landing, telltale chains or ropes not less than 4 feet long nor more than 5 inches apart shall be hung from the lower edge of the car platform adjacent to such gates.

(3) Slots in gates required for access to the operating rope or the brake rope or such slots in the hoistway enclosure shall not exceed 5 inches in width.

Exception: Elevators installed before June 5, 1947.

(4) Full automatic gates shall be provided with mechanical locks that prevent the gate from being opened unless the opening device is operated by the elevator car. Semi-automatic gates shall be provided with mechanical locks to prevent the gate from being opened unless the elevator car is within the landing zone.

HISTORY

1. Editorial correction of subsections (h)(1) Exception 1, and (h)(4) (Register 95, No. 34).

2. Editorial correction of subsection (e)(4) (Register 95, No. 41).

§3077. Machinery and Equipment.

History

(a) Car Construction.

(1) Cars shall be enclosed on the sides not used for entrance. The deflection of the enclosure shall be not more than 1/4 inch when subjected to a force of 75 pounds applied perpendicularly to the car enclosure at any point. The enclosure shall be secured to the car platform or frame in such a manner that it cannot work loose or become displaced in ordinary service.

Exception: Sidewalk elevators.

(2) Car tops shall be provided for hand-powered freight elevators and shall comply with the requirements for tops on power-driven freight elevators, as enumerated in Section 3034(c).

Exceptions:
1. Where all gates, when closed, come down to within 2 inches of the floor except the lowest landing gate.
2. Elevators having a rise of not more than 15 feet.

(3) The car shall be provided with an electric light controlled by a switch on the car, or on elevators with no car top and a rise of not more than 15 feet, the light may be at the top of the hoistway.

(4) Car frames and platforms shall be of metal or sound seasoned wood design with a factor of safety of not less than 4 for metal and 6 for wood, based on the rated load uniformly distributed.

Connections between frame members of the car frame and platform shall be riveted, bolted, or welded.

Sidewalk elevator platforms shall be provided with steel bow-irons to open the sidewalk doors.

(5) Glass shall not be used in elevator cars.

(b) Car Safety Devices.

(1) Hand elevators shall be provided with a car safety device.

Exception: Elevators installed before January 1, 1925, having a rise not exceeding 15 feet.

(2) Governor actuated safeties shall be located below the car platform and shall be approved by the division as required in Section 3106 and the governor and safety tested on each installation as required by Section 3035.

(3) Safety devices actuated by the breaking or slackening of the hoist cables shall be drop tested on each installation and the test shall be witnessed by a representative of the division.

(4) Where the travel exceeds 40 feet, driving machines having hand-operated brakes shall also be equipped with an automatic speed retarder.

Exception: Elevators installed before January 1, 1925.

(1) The rated load of hand elevators shall be not less than 50 pounds per square foot of net inside car area.

(2) A metal plate shall be fastened in a conspicuous place in the elevator car and shall bear the following information in not less than 1/4 inch letters or figures; stamped, etched, or raised on the surface of the plate.

(A) Rated load in pounds.

(B) The maximum number of passengers to be carried based on 150 pounds per person (if passenger elevator).

(d) Load and Car Safety Test. A rated-load test and a test of the car safety device with rated load in the car, shall be made of every new elevator before it is placed in regular service. See Section 3077(b).

(e) Guide Rails and Fastenings.

(1) Cars and counterweights shall be provided with guide rails of steel or straight-grained seasoned wood.

(2) Guide rails for sidewalk elevators shall be of steel.

(3) Guide rails shall be securely fastened with through-bolts or clips of such strength, design, and spacing that:

(A) The guide rails and their fastenings shall not deflect more than 1/4 inch under normal operation.

(B) The guide rails and their fastenings shall withstand the application of the safety when stopping the car with rated load or when stopping the counterweight.

(4) Car and counterweight guide rails shall rest on suitable supports and extend at the top of the hoistway sufficiently to prevent the guide shoes from running off the guide rails in case the car or counterweight travels beyond the terminal landings.

(f) Counterweights.

Sections of counterweights, whether carried in frames or not, shall be secured by at least two tie rods passing through holes in the sections. The tie rods shall have lock nuts at each end, secured by cotter pins.

(g) Driving Machines and Sheaves.

(1) The factors of safety, based on the static loads, to be used in the design of driving machines and sheaves shall be not less than 8 for wrought iron or wrought steel and 10 for cast iron or other materials.

(2) Driving machines shall be equipped with a hand brake or an automatic brake operating in either direction of motion of the elevator, and capable of stopping and holding the car with its rated load. When the brake has been applied, it shall remain in the “On” position until released by the operator.

(h) Power Attachments.

(1) Hand elevators shall not be equipped with any means or attachment for applying electric or other power.

(i) Suspension Means.

(1) Suspension means shall consist of not less than two wire ropes or chains.

(2) The factor of safety used in determining the size and number of the suspension members shall be not less than 5, based on the weight of the car and its rated load.

(3) The length of suspension means shall be such as to provide the minimum top car and counterweight clearances.

(4) Drum ends of suspension means shall be secured to the inside of the drum by clamps or babbitted sockets, and there shall be not less than one complete turn of the suspension means around the winding drum when the car or counterweight is resting on its buffers.

(5) The capacity plate required by Section 3077(c)(2)(C), shall state the size, rated ultimate strength, and material of the suspension means. The date of installation of the suspension means shall be shown on a metal tag attached to the suspension fastenings.

(j) Out-of-Service Requirements. When it is intended to discontinue the use of a hand powered elevator for an extended period of time, the cables shall be disconnected and the car and counterweights landed satisfactorily.

HISTORY

1. New subsection (j) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Editorial correction of subsection (b)(2) (Register 95, No. 34).

3. Editorial correction of subsection (c)(2)(C) (Register 95, No. 41).

Article 12. Hand and Power Dumbwaiters Scope

Hand and power dumbwaiters shall comply with the requirements of this article, except that hand dumbwaiters serving not more than two consecutive stories and having a capacity of 20 pounds or less and a car platform area of not more than 2 square feet need not comply with these regulations.

§3078. Enclosure of Hoistways, Machine Rooms and Machinery Spaces.

Note • History

The enclosures shall be building walls, ceiling materials and fireproofing conforming to governing building codes. The regulations included in this section establish minimum standards for hoistway enclosures. These regulations are not intended to supersede applicable local building codes establishing higher standards.

(a) Dumbwaiter Hoistway Enclosures. Hoistway and hoistway enclosures shall comply with the following:

(1) Section 3010(a). Enclosures of Hoistways.

(2) Section 3010(b). Strength of Enclosures.

(3) Section 3010(c). Construction at Bottom of Hoistway.

(4) Sufficient overhead clearance shall be provided for reasonable overtravel and final stopping.

Exception: Dumbwaiters of the undercounter type.

(b) Dumbwaiter Machine Rooms, Machinery Spaces, and Access to Machinery.

(1) The control panels shall be located to conform to the requirements of CCR, Title 24, Part 3, Article 620.

(2) When overhead machines of power dumbwaiters are located within the hoistway, the following regulations shall apply:

(A) The controller shall be located outside the hoistway.

(B) A floor capable of supporting 300 pounds shall be installed below the machine in hoistways over 9 square feet in area.

(D) Access to all parts of the machine shall be provided from the access door, or additional doors, or removable panels shall be installed in the hoistway enclosure for safe and convenient access to the machine.

(E) Access doors shall be not less than 18 inches in the least dimension, nor less than 4 square feet in area, and shall be kept locked.

Exception: Removable panels shall be provided with an electric contact that will prevent operation of the dumbwaiter when the panel is removed.

(F) Access to the machine space may be by means of a portable ladder provided the bottom of the access door is not more than 8 feet above floor level and the access door is located below the room ceiling line.

(G) Access to the machine space shall be by means of a permanent ladder or stairs when the bottom of the access door is more than 8 feet above floor level or when the access door is located above the room ceiling in an attic or crawl space.

1. Landings at the top of permanent ladders and walkways in attics or crawl spaces shall be provided. The headroom above walkways shall be not less than 4 feet and the walkways shall be provided with permanent electric lighting.

(3) When basement machines of power dumbwaiters are located within the hoistway, the following regulations shall apply:

(A) The controller shall be located outside the hoistway.

(B) The machine space shall be provided with an access door.

(D) The access door shall be provided with an electric contact that will prevent the dumbwaiter from operating with the door open.

(E) Access to overhead sheave spaces shall be provided. The access shall conform to the requirements for access to overhead machines in Section 3078(b)(2) unless the equipment at the top of the hoistway can be serviced safely from the hoistway landing door.

(4) When the machines of power dumbwaiters are located outside the hoistway, either above or at the side, the following regulations shall apply:

(A) Machine rooms or machine enclosures shall be provided conforming to the requirements of machine rooms for elevators in Section 3011 or the machine shall be enclosed with removable panels provided with electric contacts that will prevent the dumbwaiter from operating with the panels removed.

(B) Access to machine rooms or machine enclosures located above the hoistway shall conform to Section 3011(c) except that a permanent ladder may be installed for access to the roof or attic space.

(C) The clear headroom in machine rooms or machine enclosures located outside the hoistway shall be not lss than 6 feet 3 inches.

(5) Handpower dumbwaiter machines may be located inside the hoistway enclosure at the top or bottom without intervening enclosures or platforms.

(1) Electrical wiring and equipment in dumbwaiter hoistways, machine rooms, and machinery spaces shall comply with CCR, Title 24, Part 3, Article 620.

(2) The installation of pipes, ducts and wiring shall comply with Section 3012.

(d) Dumbwaiter Machinery and Sheave Beams, Supports, and Foundations. Machinery and sheave beams, supports, and foundations shall comply with the applicable requirements of Section 3015.

Exception: Hand dumbwaiter machines may be supported by wood beams.

(e) Pits for Dumbwaiters.

(1) Pits are not required for power or hand dumbwaiters; however, sufficient pit and bottom clearance shall be provided for reasonable overtravel and automatic final stopping.

(2) Dumbwaiter pits shall be maintained in reasonably clean and dry condition.

(f) Horizontal Car and Counterweight Clearances. Horizontal car and counterweight clearances shall conform to Sections 3018(a), 3018(b), 3018(c), and 3018(d).

(g) Protection of Spaces Below Hoistways of Dumbwaiters. Where the space below the hoistway is used for a passageway, or is occupied by persons, or if unoccupied is not permanently sealed against access, the following requirements shall be conformed to:

(1) Dumbwaiter cars and their counterweights shall be provided with safeties which may be operated as a result of the breaking of the suspension means and which may be of the inertia type without governors. The safety may be located in the car or counterweight crosshead. See Section 3079 for test requirements.

(2) The cars and counterweights shall be provided with spring buffers. Oil buffers may be used.

(A) Spring buffers shall be so designed and installed that they will not be fully compressed when struck by the car with its rated load at 125 percent of rated speed, or governor tripping speed if a governor is used.

(3) Car and counterweight buffer supports shall be of sufficient strength to withstand without permanent deformation the impact resulting from the condition listed in Section 3078(g)(2)(A).

Exception: Where it can be demonstrated by recognized engineering calculations, submitted in writing by a qualified engineer, that the structure over the passageway, vault, or other usable space is capable of withstanding the impact of the loaded car or the counterweights falling their maximum distance, no safety device or buffers need be provided.

(h) Protection of Hoistway Landings Openings.

(1) Hoistway landing openings of power dumbwaiters shall be provided with hoistway doors or gates which will fill the full height and width of the openings.

(2) Hoistway landing openings of hand dumbwaiters having a landing sill that is less than 30 inches above the floor level shall be protected by doors or gates which will close automatically when the car leaves the landing. When the doors or gates are arranged so there is no possibility of a shear, these doors or gates may be full automatic.

(3) The width and height of door openings for power dumbwaiters shall not exceed the width and height of the dumbwaiter car by more than 1 inch in each dimension.

Exception: One door opening may be of sufficient size to permit installing and removing the car, but shall be not more than 4 feet 9 inches in height.

(4) The width of door openings for hand dumbwaiters shall not exceed the width of the car by more than 6 inches, and the maximum height of the opening for any height of car shall be 54 inches.

(5) Hoistway gates shall comply with the applicable portions of Section 3020(c).

(6) Hoistway doors of the horizontal or vertical slide or of the swing-type, shall be located so there is not more than 4 inches from the inside face of the door to the nose of the landing threshold.

(i) Hoistway Door Locking Devices. Hoistway doors or gates of power dumbwaiters shall be equipped with interlocks or combination mechanical locks and electric contacts (contact locks) approved for use on dumbwaiters.

Exceptions:
1. Doors or gates of existing dumbwaiters installed with electric contacts provided the landing sill is not less than 30 inches above the floor level.
2. Doors or gates of dumbwaiters installed before June 5, 1947 with approved devices to prevent the operation of the dumbwaiter with any door or gate open.
3. Existing hydraulic dumbwaiters equipped with semi-automatic or full automatic doors or gates.
4. Hoistway doors or gates for dumbwaiters having a capacity of 20 pounds or less and doors or gates not more than 18 inches wide or 24 inches high may be equipped with approved devices to prevent operation of the dumbwaiter with any door or gate open.

(Title 24, Part 7, Section 7-3078)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (h)(6) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment of Exception within subsection (g)(3) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment of subsections (b)(1), (c)(1), (i) and Note filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

4. Editorial correction of subsection (b)(2)(F) (Register 95, No. 34).

§3079. Machinery and Equipment for Hand and Power Dumbwaiters.

Note • History

(a) Dumbwaiter Cars.

(1) Cars shall be of solid or openwork construction on all sides except the necessary openings and of such strength and stiffness that they will not deform appreciably when the load leans or falls against the sides of the car.

(2) Nonmetal cars shall be reinforced with metal from the bottom of the car to the point of suspension.

Exception: Hand dumbwaiters.

(3) Metal car sections shall be riveted, welded or bolted together.

(4) The total inside height of the car shall not exceed 4 feet. The inside net floor area shall not exceed 9 square feet.

(5) Cars shall be provided with a platform and a solid car top.

(b) Structural Capacity Load. Driving machines, car and counterweight suspension means, and overhead beams and supports shall be designed and installed to sustain the car with a structural capacity load not less than that specified in Table 3079B, based on the inside net platform area or the rated load, whichever is greater, with the factors of safety specified in the respective rules applying to such parts. The motive power shall not be required to be sufficient to lift the structural capacity load.

TABLE NO. 3079B

Minimum Allowable Structural Capacity Load Corresponding

to Inside Net Platform Area

Net Platform Area Structural Capacity

in Square Feet Load in Pounds

4 100

5 150

6 1/4 300

9 500

(1) The rated load shall be not more than 500 pounds.

(d) Capacity and Data Plates.

(1) A metal plate shall be fastened in a conspicuous place in the car and shall give the rated load in letters and figures not less than 1/4 inch high, stamped, etched or raised on the surface of the plate.

(2) A data plate shall be attached inside or on the car top and indicate the following:

(A) Manufacturer's name and date of installation.

(B) Total weight of car.

(D) Wire rope data required by Section 3042(b)(1) for cabled dumbwaiters.

(E) The outside diameter and wall thickness of the finished plunger for hydraulic dumbwaiters.

(F) The height of data plate letters and figures shall be not less than 1/8 inch.

(e) Car and Counterweight Safeties.

(1) Car or counterweight safeties are not required except as specified in Section 3078(g).

(2) Governors and governor actuated safeties shall be approved as required for elevators in Design Sections 3105 and 3106. A field test shall be conducted witnessed by a representative of the division.

(3) Safeties actuated by breaking or slackening of the hoist ropes shall be drop tested on each installation. The test shall be witnessed by a representative of the division.

(4) The safety device need not be located below the car or the counterweight.

(f) Driving Machines and Sheaves.

(1) Driving machines shall be located in machine rooms or machine spaces and shall be one of the following types:

(A) Drum

(B) Traction

(D) Plunger

(E) Single Belt

(F) Chain Drive

(2) Driving machines and sheaves shall be designed with a factor of safety, based on the static load (the rated load plus the weight of the car, ropes, counterweights, etc.) of not less than:

(A) 6 for steel, and

(B) 9 for cast iron and other materials.

(3) Sheaves and drums used with suspension ropes shall:

(A) Be of metal with finished grooves, except that grooves of sheaves not used to transmit power, may be lined with rubber or other sound isolating material.

(B) Have a pitch diameter not less than 24 times the diameter of the rope where used with suspension ropes.

(4) Belts used as the driving means between the motor and the machine of power dumbwaiters shall comply with the following requirements:

(A) Where flat belts are used, the rated speed shall be not more than 50 feet per minute.

(B) Where multiple V-belts are used, the rated speed shall be not more than 150 feet per minute.

(5) Electric and hand driven machines shall be equipped with brakes as follows:

(A) Electric driving machines shall have electrically released brakes applied automatically by springs in compression or by gravity when the power is removed from the motor.

(B) Belt drive machines shall be equipped with a brake located so as to be effective in event of belt failure.

(C) Handdriving machines shall be equipped with hand brakes or automatic brakes which will sustain the car and its rated load. When the brake is applied, it shall remain locked in the “ON” position until released by the operator.

(6) Hydraulic driving machines shall conform to Section 3067, except they may be other than the direct plunger type.

(g) Car and Counterweight Guides and Guide Fastenings.

(1) Car and counterweight guide rails for power dumbwaiters shall be of metal of such design and strength, and so supported as to withstand without undue deflection the loads imposed upon them under normal conditions of service or upon application of a required safety device.

Exception: Dumbwaiters having a capacity of 20 pounds or less may have guides of wood or spring steel wires maintained in tension.

(2) Cars and counterweights of all dumbwaiters shall run in guides. The same set of guide rails may be used for both the car and counterweight.

(3) Guides shall be securely fastened to the hoistway.

(4) Guides for hand dumbwaiters may be of wood.

(5) Guide-rail joints shall be either tongued and grooved or doweled and fitted with splice plates.

(h) Counterweights. Counterweights may be of sectional construction, supported by tie rods provided they are secured by at least two tie rods. Tie rods shall have lock nuts secured by cotter pins.

(i) Means of Suspension and Fastenings.

(1) Cars and counterweights for power dumbwaiters except those having hydraulic or screw-type driving machines, shall be suspended by one or more iron or steel wire hoisting ropes or chains secured to the car or counterweight or rope hitch by babbitted sockets, rope clamps, or equally substantial fastenings.

(A) Suspension ropes shall be provided with a rope data tag conforming to Section 3042(c).

(B) Suspension chains shall be provided with data tags similar to Section 3042(c).

(2) Chains, where used, shall be roller, block, or multiple-link silent type.

(3) The factor of safety, based on the static load, of car and counterweight suspension means of power dumbwaiters shall be not less than the value specified in Table 3079I for the actual speed of the rope or chain corresponding to the rated speed of the dumbwaiter. The fastenings for the suspension means shall develop not less than the factor of safety required for the suspension means.

TABLE NO. 3079I

Factors of Safety for Wire Ropes and for Chains

Rope or Chain Speed Factor of Safety

Feet per Minute For Ropes For Chains

50 4.8 6.0

100 5.2 6.5

150 5.5 6.9

200 5.9 7.4

250 6.2 7.8

300 6.6 8.3

350 7.0 8.8

400 7.3 9.1

450 7.7 9.6

500 8.0 10.0

(4) The suspension means for hand dumbwaiters shall conform to the following:

(A) Dumbwaiters having a rated load of more than 75 pounds shall be suspended by steel wire ropes or chains having a factor of safety of not less than 4 1/2.

(B) Dumbwaiters having a rated load of 75 pounds or less may be suspended by manila or braided-cotton ropes having a factor of safety of not less than 6.

(5) Wire ropes shall not be lengthened or repaired by splicing.

(6) The winding-drum ends of car and counterweight ropes or chains shall be secured inside the drum, and there shall be not less than one turn of the rope or chain on the drum when the car or counterweight has reached the extreme limit of its overtravel.

(j) Control and Operation of Power Dumbwaiters.

(1) Operation shall be of the automatic or continuous pressure type.

(2) Dumbwaiters equipped with winding-drum machines, shall be equipped with a slack-rope switch which will remove the power from the motor and brake if the car is obstructed in its descent.

Exception: Dumbwaiters installed before June 5, 1947.

(3) Operating devices shall be of the enclosed electric-type.

(4) When it is intended to discontinue for an extended period of time, the use of a dumbwaiter, the car and counterweight shall be landed satisfactorily and the power shall be disconnected.

(k) Terminal Stopping Devices for Power Dumbwaiters. Normal terminal stopping devices conforming to the requirements of Section 3039(a) shall be provided.

Exception: The switch contacts shall be directly opened mechanically. Arrangements which depend on a spring, or gravity, or a combination of both, to open the switch contacts, shall not be used.

(l) Hydraulic Dumbwaiters. Valves, supply piping, fittings and tanks for hydraulic dumbwaiters shall conform to Sections 3068 and 3069.

(Title 24, Part 7, Section 7-3079)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. Amendment of subsection (f)(3), repealer and new subsection (j) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. New Exception to subsection (k), statement prior to Note and Note filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

Article 12.1. Material Lifts and Dumbwaiters with Automatic Transfer Devices

§3080. Electric Material Lifts with Automatic Transfer Devices.

Note • History

(a) Hoistways, Hoistway Enclosures and Related Construction. Hoistway, hoistway enclosures and related construction shall conform to the requirements of Article 7, except as Sections are modified by the following:

(1) Section 3010. When cutouts are required in doors for the accommodation of any part of the transfer device, the fire resistance rating of the closed hoistway entrance assembly shall be maintained as required by the governing local building code.

(2) Section 3018(d). The running clearance between any part of a car mounted transfer device and the hoistway sill shall be not less than 1/2 inch.

(3) Section 3020(a)(4). This section does not apply.

(4) Section 3020(b)(11). Only the following types of entrances shall be used with material lifts with automatic transfer devices:

(A) Horizontal slide, single or multi-section.

(B) Power operated, vertical slide, bi-parting, counterbalanced.

Exception: Manual doors are permitted at landings where the automatic transfer device is inoperative and carts are transferred manually.

(5) Section 3020(b)(15). The transfer mechanism or stationary track shall not project beyond the line of the landing sill unless solid-type guide shoes are provided on the car.

(A) The running clearance between the car and any projection of the transfer mechanism shall not be less than 1/2 inch.

(6) Section 3020(b)(18). The area of hoistway door vision panels where provided shall be not less than 9 square inches.

(7) Section 3020(a)(3)(D). This Section does not apply.

(8) Section 3021(d)(2). In restricted areas only and when access to the hoistway doors is blocked by a permanently floor mounted transfer mechanism the hoistway doors shall close and lock before the car has traveled more than 18 inches away from the landing.

(9) Section 3021(k)(3)(C). The switch required by this section may be located in the central operating station.

(10) Section 3022 (b) (4).

(A) In nonrestricted areas, all the provisions of section 3022(b) (4) shall apply except item (C).

(B) In restricted areas only and when access to the hoistway doors is blocked by a permanently floor mounted transfer mechanism, Section 3022 (b)(4) does not apply except Section 3022 (b)(4)(F).

(b) Machinery and Equipment. The machinery and equipment shall conform to the requirements of Article 8 except Section 3041 and except as Sections are modified by the following:

(1) Section 3031(a)(3). Oil buffers or their equivalent shall be used where the rated speed is in excess of 300 feet per minute.

(2) Section 3031(c). The rated car speeds that determine the buffer strokes specified in the Section may be increased by 100 feet per minute.

(3) Section 3031(f). The rated car speeds that determine the buffer strokes specified in the regulation may be increased by 100 feet per minute.

(4) Section 3033(e). Transfer device on the floor of the lift may serve as a platform. Open areas in the platform shall be covered with solid flooring, grille or perforated metal. Any openings in such material shall reject a ball 2 inches in diameter. The flooring shall be designed to sustain a 300 pound load on any square area 2 feet on a side and 100 pounds at any point. Simultaneous application of these loads is not required.

(5) Section 3034(a)(4). Top emergency exits are not required.

(6) Section 3034(c)(1). Grille or perforated construction may be used for the full height and top of car enclosure. The car enclosure shall be not less than the height of the hoistway entrance.

(7) Section 3034(d)(1). Car doors and gates may be omitted for lifts in restricted areas if required by the type of transfer device used and drawings giving details of the installation are submitted to the division before construction is started.

(8) Section 3034(f)(1). Vertical sliding car doors may be power operated.

(9) Section 3034(f)(5). Where the openings exceed 6 feet in height, the doors or gates shall extend from the car floor to a height of not less than 6 feet. Where the openings are 6 feet or less in height, the car doors or gates shall extend from the car floor to the full height of the opening.

(10) Section 3035(h)(1). Type A safeties are permitted for lifts having a rated speed of 200 feet per minute or less.

(11) Section 3037(b)(1). The rated load of the lifts shall be based on the weight of the maximum load to be handled or on 50 pounds per square foot of inside net platform area, whichever is greater.

(12) Section 3037(d). Lifts shall be restricted to handling of material only and shall not be used to carry persons. A sign conforming to the requirements of Section 3037 (e)(2) and reading “No Persons Permitted” or an equivalent warning shall be provided and shall be mounted in the car.

(13) Section 3037(e). This section does not apply.

(14) Section 3040(b)(5). An emergency stop switch (switches) conforming to Section 3040(b)(5) shall be provided to stop operation of the lift, the door operation and transfer device operation. The emergency stop switch shall be located in the car adjacent to each entrance in a position that shall be accessible to a person standing at the floor adjacent to the car entrance. If a permanently mounted transfer device, located at the landing, blocks the entrance to the car, an emergency stop switch shall be located at that landing in a position accessible to a person standing near that landing in addition to the emergency stop switch in the car.

(A) A switch shall be mounted adjacent to each landing entrance that will stop the operation of power operated doors and the transfer device at that landing.

(15) Section 3040(a). Car operating devices shall not be permitted unless required for maintenance and, if furnished, shall be in a key-locked cabinet or controlled only by a key-operated switch.

(c) Lifts with Obscured Transfer Devices. Any lift which contains a transfer device not readily visible (e.g., lifts handling self propelled carts or with the transfer device mounted fully below floor with slot operation) shall conform to the requirements of Article 7 and Article 8 of these orders and shall be classified as an elevator. Such elevators are required to have dual control systems. One shall be for use as a material lift and the other for use as an elevator. One system shall be locked out of operation when the other is in use.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New Article 12.1 (Sections 3080-3083) filed 5-14-75; effective thirtieth day thereafter (Register 75, No. 20).

2. Editorial correction of subsection (b)(6) (Register 95, No. 34).

§3081. Hydraulic Material Lifts with Automatic Transfer Devices.

Hydraulic lifts shall conform to the requirements of Article 9 except as modified by Sections 3080(a), 3080(b) and 3080(c).

§3082. Power Dumbwaiters with Automatic Transfer Devices.

History

Power dumbwaiter with automatic transfer devices shall conform to the requirements of Article 12 except as Sections are modified by the following and by the additional orders in this section.

(a) Section 3078(1). All hoistway entrances shall be equipped with approved interlocks.

(b) Section 3079(a)(4). The effective inside height of the car above or below the transfer device shall not exceed 4 feet.

(c) Section 3079(a)(5). The transfer device on the floor of the lift shall be permitted to serve as a platform. Open areas in the floor shall be covered with solid flooring, grille or perforated metal, and openings in such material shall reject a ball 2 inches in diameter and shall support not less than 300 pounds on any square area 2 feet on a side.

(d) Section 3079(e). Safety Devices. Safety devices shall be provided when the inside net floor area exceeds 6 square feet or the gross load exceeds 1500 lbs.

(1) Where the gross load (i.e., car transfer device, rated load, gates, operating devices, etc.) exceeds 1500 pounds, car safeties conforming to the requirements of Section 3080(b) (10) shall be provided.

(2) Where the gross load does not exceed 1500 pounds and the rated speed does not exceed 100 f.p.m., a safety actuated by inertia or as the result of the parting of the hoisting ropes may be provided.

(e) Section 3079(j). Emergency Stop Switch. An emergency stop switch (switches) conforming to Section 3040(b)(5) shall be provided to stop operation of the lift, and stop the door operation and transfer device operation. The stop switch shall be located in the car adjacent to each entrance in a position that shall be accessible to a person standing at the floor adjacent to the car entrances and outside the path of the transferred load. A switch or button shall be mounted adjacent to each landing entrance that will stop the operation of power operated doors and the transfer device at that landing.

(f) Section 3079(b). Structural Capacity Load. Dumbwaiters with automatic transfer devices which have a net inside platform area of 3.75 square feet or more shall be rated for a lifting load of not less than 300 pounds.

(g) Access Switches. Dumbwaiters required by Section 3079(d) to be provided with safety devices shall be provided with access switches conforming to Section 3021(k) except that the switch required by 3021(k) (3)(C) may be located in the central operating station.

(h) Car Top Operation. Dumbwaiters required to have access switches shall be provided with means to operate the dumbwaiter from the top of the car conforming to Section 3040(a)(4).

HISTORY

1. Editorial correction of subsection (c) (Register 95, No. 34).

§3083. Automatic Transfer Devices.

(a) Where used in nonrestricted areas, the automatic transfer device shall be so designed that the kinetic energy of the load during the discharge shall not exceed 30 foot-pounds and the speed shall not exceed 11/2 feet per second. When the transfer device is mounted on the car, the load shall be capable of being stopped by a force of 100 pounds. The transfer device shall stop the load at the completion of a discharge operation. A flashing light or a gong shall be actuated on the start of door opening prior to transfer.

(b) Where the transfer of load is in a nonrestricted area, there shall be a clearance of not less than 4 feet between the end of the transferred load and any fixed obstruction in line with the end of the load.

Exception: A clearance of not less than 2 feet will be allowed where the system is arranged to prevent the automatic transfer of more than one load into the area.

(c) In nonrestricted areas, discharge shall not take place unless the area is clear or a protective device or suitable guarding is provided. Guarding means shall be:

(1) Railings or suitable barriers to prevent persons from entering the path of transfer accidentally or colliding with a discharging load, or

(2) Mechanical or electrical devices designed to prevent or stop transfer if a person or object is in the path of the transferring load, or

(3) When transfer load is on a table or section raised not less than 18 inches above the floor, and load does not overhang the table or raised section and the distance between car platform sill and the nearest edge of table does not exceed 6 inches.

Article 12.2. Incline Elevators

§3084. Incline Elevators.

Note • History

(a) Hoistway, Hoistway Enclosures, Related Construction, Machinery, and Equipment. Hoistway, hoistway enclosures, related construction, machinery and equipment for incline elevators shall conform to the requirements of Article 7 and 8.

Exception: Incline elevators which do not comply with the regulations of Article 7 and 8 may be installed if their plans, specifications, and general arrangement have been approved by the Division in writing before construction of the incline elevator has begun.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New Article 12.2 (Section 3084) filed 5-25-76 as an emergency; effective upon filing (Register 76, No. 22).

2. Certificate of Compliance filed 7-30-76 (Register 76, No. 31).

Article 12.3. Special Purpose Personnel Elevators

§3085. Special Purpose Personnel Elevators.

Note • History

(a) Scope: This Article applies to elevators permanently installed in a wide variety of structures and locations to provide vertical transportation of authorized personnel and their tools and equipment only. Such elevators are typically installed in structures such as grain elevators, radio antenna and bridge towers, underground facilities, dams, power plants, moving and stationary cranes, derricks and similar structures where, by reason of their limited use and the types of construction of the structures served, full compliance with Articles 7 and 8 is not practical or necessary.

(b) Nonguided or wire-rope guided hoists are prohibited except that wire-rope guided special purpose personnel elevators may be used in chimney and stack type construction provided the elevator is: (1) Designed by a civil or mechanical engineer registered in California; (2) The elevator is erected under the supervision of a qualified engineer; (3) The engineering design and calculations have been approved by the Division prior to installations and (4) A valid operating permit has been issued by the Division prior to use of the elevator.

(c) Elevators in manholes or similar difficult structures, which do not fully comply with this Article, may be installed provided the four conditions listed in subsection 3085(b) are met.

(d) This article applies to new and existing special purpose personnel elevators.

Exception to subsection 3085(d): special purpose personnel elevators previously allowed by variance.

Note: Numbers indicated in brackets following an order refer to the corresponding ANSI A17.1-1981 rule number.

(Title 24, Part 7, Section 7-3085)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former Article 12.3 (Section 3088) to Article 12.6 and new Article 12.3 (Sections 3085-3085.22) filed 6-9-86; effective thirtieth day thereafter (Register 86, No. 24).

2. Editorial correction of subsection (b) (Register 95, No. 34).

§3085.1. Hoistways and Hoistway Enclosures [Rule 1500.1].

Note

(a) Hoistways adjacent to and within 4 ft. (1.22 m) of areas permitting passage of people (e.g., passageways, stairwells, elevator landings) shall be enclosed to a height of not less than 8 ft. (2.44 m) above the floor or stair treads. The enclosure shall be of sufficient strength to prevent contact between the enclosure material and the car or counterweight when the enclosure is subjected to a force of 250 lbs (113 kg) applied at right angles at any point over an area of 4 in. (102 mm) by 4 in. (102 mm). Openwork enclosures may be used and shall reject a ball 1 in. (25 mm) in diameter and shall be so located as to provide at least 4 in. (102 mm) between the outside of the enclosure and the closest member of any moving object inside the enclosure. Enclosures within 4 in. (102 mm) of moving equipment shall have no openings exceeding 1/2 in. (13 mm) in diameter.

(b) The Division shall be provided with engineering details and drawings approved by a California registered engineer, competent in this field, showing the adequacy of the supporting members, foundations and building attachments to safely withstand the forces generated during normal operation and safety tests. The installation of the elevator shall be in conformance with these plans and details.

(Title 24, Part 7, Section 7-3085.1)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.2. Electric Wiring, Pipes and Ducts.

Note • History

Electric wiring, pipes and ducts shall comply with the requirements of CCR, Title 24, Part 3, Article 620.

Exception: to Section 3085.2: Main feeders supplying power for the elevator.

(Title 24, Part 7, Section 7-3085.2)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

§3085.3. Horizontal Car and Counterweight Clearances [Rule 1500.2].

Note • History

(a) Horizontal car and counterweight clearances shall conform to the requirements of Section 3018 and subsection 3085.6(a).

(b) Where the distance between the car sill and the facia, where provided, or the building structure exceeds 7 in. (178 mm), the car door or gate shall be equipped with an interlock or contact lock.

(Title 24, Part 7, Section 7-3085.3)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsection (b) (Register 95, No. 34).

2. Editorial correction of Note (Register 97, No. 25).

§3085.4. Pits, Runby, and Top Clearances [Rule 1500.3].

Note • History

(a) Pits.

(1) A pit shall be provided for every elevator. In every pit a stop switch conforming to the requirements of subsection 3040(b)(7) shall be provided. [1500.3a]

(2) Access to pits over 3 ft. (.91 m) above or below the pit access door shall comply with the requirements of subsection 3016(d)(4) and (5).

(3) Pits shall be equipped and maintained to comply with the requirements of subsections 3016(e), (f) and (g), except that the light may be omitted if the elevator is exterior to the building.

(4) Where necessary because liquid can collect, design and construction of pits shall comply with the requirements of subsection 3016(b).

(b) Protection of spaces below hoistways not extending to the lowest level of the structure shall conform to the applicable requirements of Section 3019. [1500.3b]

(d) There shall be a clearance of not less than 30 in. (762 mm) from the highest projection of the car top and/or the crosshead and the nearest part of the overhead structure, when the counterweight is resting on its fully compressed buffer. For rack and pinion elevators without counterweights, there shall be a clearance of not less than 30 in. (762 mm) from the highest projection of the car top and the nearest part of the overhead structure, when the car has reached the uppermost limit of its travel. [1500.3d]

(e) A floor conforming to the requirements of subsection 3010(d) shall be provided at the top of the hoistway. [1500.3e]

(Title 24, Part 7, Section 7-3085.4)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsection (a)(4) (Register 95, No. 34).

§3085.5. Overhead Machinery Beams and Supports [Rule 1500.4].

Note • History

(a) All machinery and sheaves shall be so supported and secured as to effectively prevent any part from becoming loose or displaced.

(b) If bolts in tension are used, the bolts shall be provided with lock nuts (double nutted) and a cotter pin at the end.

(d) Machinery or equipment shall be secured to and supported on, or from the top of overhead beams or floors.

EXCEPTIONS to subsection 3085.5(d):
1. Secondary or deflecting sheaves of traction elevators.
2. Devices and their accessories for limiting or retarding car speed.
3. Driving machines on the car.

(e) Cast iron in tension shall not be used for supporting members for sheaves where they are hung beneath beams. [1500.4a]

(f) The total load on overhead beams shall be equal to the weight of all apparatus resting on the beams plus twice the maximum load suspended from the beams. [1500.4b]

Note: The object in doubling the suspended load is to allow for impact, accelerating stresses, etc.

(1) The load resting on the beams shall include the complete weights of the driving machine, sheaves, controller, etc.

(2) The load suspended from the beams shall include the sum of the tensions in all ropes suspended from the beams.

(g) The factor of safety for overhead beams and their supports shall be not less than 5 for steel and 6 for reinforced concrete. [1500.4c]

(h) Overhead beams and supports shall conform to the requirements of Section 3015. [1500.4d]

(Title 24, Part 7, Section 7-3085.5)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsections (d) Exceptions and (f) Note (Register 95, No. 34).

§3085.6. Counterweights [Rule 1500.5].

Note

(a) Where a counterweight runway is not in the same hoistway as the car, an enclosure meeting the requirements of Section 3085.1 shall be provided.

(b) Access shall be provided for inspection, maintenance and repair of an enclosed counterweight and its ropes. Doors in the counterweight enclosures shall be self-closing and shall be provided with:

(1) An electric contact, the opening of which will remove power from the elevator driving machine motor and brake; and

(2) A self-locking keyed tumbler lock. [1500.5b]

(c) When the counterweight is in the same hoistway as the car, a guard meeting the requirements of subsection 3013(b) shall be provided.

(Title 24, Part 7, Section 7-3085.6)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.7. Hoistway Doors and Gates [1500.6].

Note • History

(a) Where hoistway doors or gates are required, the full width of each landing opening shall be protected to its full height, or 8 ft (2.44 m), whichever is less, by doors or gates. The entire entrance assembly shall be capable of withstanding a force of 250 lbs (113 kg) applied on the landing site at right angles to, and approximately at, the center of a panel. This force shall be distributed over an area of 4 in. (102 mm) by 4 in. (102 mm). There shall be no permanent displacement or deformation of any parts of the entrance assembly resulting from this test. Openwork entrances shall reject a ball 1 in. (25 mm) in diameter. [1500.6a]

(b) The hoistway face of the landing doors or gates shall not project into the hoistway beyond the landing sill. No hardware, except that required for door locking devices or contacts, signals or door-operating devices, shall project into the hoistway beyond the line of the landing sill. [1500.6B]

(c) Hoistway doors or gates shall be so arranged that it will not be necessary to reach behind any panel or jamb to operate them. [1500.6d]

(d) Hangers conforming to the requirements of subsection 3020(b)(17) shall be provided. [1500.6e]

(e) The distance between the hoistway doors or gates and the hoistway edge of the landing sill shall not exceed 21/4 in. (57 mm). The distance between the hoistway faces of the landing door or gate and the car door or gate shall not exceed 51/4 in. (133 mm). [1500.6f]

(f) Power operated hoistway entrance doors shall be unperforated and shall meet the requirements of Section 3022.

(Title 24, Part 7, Section 7-3085.7)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsection (a) (Register 95, No. 34).

2. Editorial correction of subsection (f) (Register 95, No. 41).

§3085.8. Operating Devices and Control Equipment [Section 1501].

Note

(a) Operating devices and control equipment shall conform to the requirements of Section 3040 except subsection 3040(a)(4), top of car operating devices.

(b) A top of car operating station may be provided and, if provided, shall conform to the requirements of subsection 3040(a)(4).

(Title 24, Part 7, Section 7-3085.8)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.9. Locking Devices for Hoistway Doors or Gates [Rule 1501.2].

Note

Hoistway doors or gates shall be provided with approved hoistway-door interlocks complying with Section 3021.

Exception to Section 3085.9(a): Stationary cam, zoned interlocks may be used on two landing, two opening installations where permitted by the Division.

(Title 24, Part 7, Section 7-3085.9)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.10. Operation [Rule 1501.3].

Note

Operation shall be one of the following:

(1) Continuous-pressure.

(2) Momentary-pressure with up-down, or call-send, buttons or switches in the car and at each landing.

(3) Single-automatic push button.

(4) Selective-collective. [1501.3a]

(Title 24, Part 7, Section 7-3085.10)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.11. Car Guide Rails and Guide Rail Fastenings [Rule 1502.1].

Note • History

(a) Guide rails and guide rail fastenings shall be of steel. [1502.1a]

Exception to Subsection 3085.11(a): Where steel may present a hazard, as in chemical or explosive atmospheres, guide rails may be of selected wood or other suitable non-ferrous materials.

(b) Guide rails shall be securely fastened, shall not deflect more than 1/4 in. (6 mm) under normal operation and shall have their joints well fitted and strongly secured. Guide rails, and their joints and fastenings shall withstand, without failure, the application of the car safety when stopping the car with its rated load. [1502.1b]

(c) Guide rails shall extend from the bottom of the hoistway to a sufficient height above the top landing to prevent the guide shoes from running off the rails when the car or counterweight is at its extreme upper position. [1502.1c]

(d) For rack and pinion elevators adequate provisions shall be made to prevent an ascending car from running off the guides and mast to prevent disengagement of the safety pinion from the rack where a rack and pinion car holding safety is used.

(Title 24, Part 7, Section 7-3085.11)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsections (a) and (d) (Register 95, No. 34).

§3085.12. Car and Counterweight Buffers [Rule 1502.2].

Note

(a) Car and counterweight buffers shall be provided and shall conform to the applicable requirements of Section 3031.

(b) For rack and pinion elevators, spring buffers, where used, shall be so designed and installed that they will not be fully compressed when struck by the car with its rated load at governor tripping speed where the safety is governor operated, or at 125% of rated speed where the safety is not governor operated. Kinetic energy from the drive unit shall be taken into account in the design calculations. The effect of the counterweight, where used, may also be taken into account in the design calculations.

(Title 24, Part 7, Section 7-3085.12)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.13. Counterweight Guiding and Construction [Rule 1502.3].

Note • History

(a) Counterweights shall be guided to prevent horizontal movement. Guide rails, where used, shall conform to the requirements of Section 3085.11. [1502.3a]

(b) A car counterweight on drum machines shall not be of sufficient weight to cause slackening of any car hoisting rope during acceleration or retardation of the car. [1502.3b]

(1) One-piece solid or laminated steel counterweights may be used.

(2) The counterweight sections, if sections are used, whether carried in a frame or not, shall be fastened together by at least two tie rods which shall pass through all weight sections. Tie rods shall be provided with lock nuts (double nutted) and cotter pins at each end.

EXCEPTION to subsection 3085.13(c): Tie rods are not required were other means are provided to retain weight sections in place if they become broken.

(Title 24, Part 7, Section 7-3085.13)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsection (c) Exception (Register 95, No. 34).

§3085.14. Car Construction [Rule 1502.4].

Note

(a) Elevator car frames shall be constructed of metal. Elevator car platforms shall be constructed of metal or a combination metal and wood. Where wood is used, the platform shall conform to the requirements of subsection 3033(f). Car frames and platforms shall have a factor of safety of not less than 5, based on the rated load. [1502.4a]

(b) Cast iron shall not be used in the construction of any member of the car frame or platform other than for guide shoes and guide-shoe brackets. [1502.4b]

(c) Glass except for glass meeting the requirements of subsection 3034(a)(7), shall not be used inside elevator cars except for the car light and accessories necessary for the operation of the car or for car door vision panels which, if provided, shall conform to the requirements of subsection 3034(b)(4). [1502.4c]

(d) The car shall not have more than one compartment unless approved by the Division prior to installation. [1502.4d]

(e) All material or personnel to be transported shall be totally within the car compartment and a suitable sign to this effect shall be posted.

(Title 24, Part 7, Section 7-3085.14)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.15. Car Enclosures [Rule 1502.5].

Note • History

(a) Except at the entrance, cars shall be fully enclosed with metal at sides and top. The enclosure at the sides shall be solid or of openwork which will reject a ball of 1 in. (25 mm) in diameter. Glass, or other transparent materials, if used as part of the enclosure, shall comply with the requirements of subsection 3034(b)(5). The minimum clear height inside the car shall be 78 in. (1.98 m). [1502.5a]

(b) The car enclosure shall be secured to the platform in such a manner that it cannot work loose or become displaced in regular service. [1502.5b]

(c) Each car shall be provided with an electric light and a light control switch. The light shall provide illumination of at least 2 1/2 foot candles (27 1x) at the landing edge of the car platform. Car lights and convenience outlets shall be fed from a separate branch circuit, independent of the motor circuit power feeders. [1502.5c]

(d) When car size and construction permit, an emergency exit with a cover shall be provided in the top of the elevator car enclosure conforming to the following requirements:

(1) The exit opening shall have an area of not less than 352 in.2 (0.227 m2), and shall not measure less than 16 in. (406 mm) on any side.

(2) The exit shall be so located as to provide a clear passageway unobstructed by fixed elevator equipment located in, or on top of, the car.

(3) The exit shall open outward and shall be hinged, or otherwise attached, to the car top.

(4) The exit cover shall be equipped with a switch or contact that, when opened, will cause a device to remove power from the machine motor and brake. The exit cover switch or contact shall be of a manual reset type. [1502.5d]

(e) Where the machine or control panel are located on the car top, the following shall be provided:

(1) Standard guardrails and toeboard;

(2) Worklight, light switch and convenience outlet; and

(3) Car top operating station conforming to subsection 3040(a)(4).

(Title 24, Part 7, Section 7-3085.15)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction of subsection (b) (Register 95, No. 34).

§3085.16. Car Doors or Gates [Rule 1502.6].

Note

(a) A car door or gate shall be provided at each entrance to the car which, when closed, shall guard the opening to its full height. Car doors may be of solid or openwork construction which will reject a ball 1 in. (25 mm) in diameter. Collapsible car gates shall comply with subsection 3034(e)(5).

(b) A car door or gate contact meeting the requirements of subsection 3034(d)(2) shall be provided.

(Title 24, Part 7, Section 7-3085.16)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.17. Car Safeties and Governors [Rule 1502.7].

Note

(a) Traction and drum type elevators suspended by wire ropes shall be provided with an approved car safety capable of stopping and sustaining the car with rated load. Safeties, testing, and marking plates shall comply to the requirements of Section 3035. [1502.7a]

(b) The car safety shall be actuated by an approved speed governor. The governor, governor rope, and operation shall conform to the requirements of Section 3036.

(c) The speed governor shall be located where it cannot be struck by the car or counterweight in case of overtravel and where there is sufficient space for full movement of the governor parts.

(d) Rack and pinion-type elevators shall be provided with one or more safeties acceptable to the Division. The safeties shall be attached to the car frame or supporting structure. All car safeties shall be mounted on a single car frame and shall operate on one pair of guide members or on one vertical rack. [1500.7b]

(1) Stopping Distances. The travel of the car, measured from the point at which the governor trips to the point of full stop shall not exceed the following values: (for higher speeds see Section 3085.19 exception)

(A) For car safeties: 64 in. (1.63 m).

(B) For counterweight: 78 in. (1.98 m).

(2) A metal plate shall be securely attached to each safety so as to be readily visible and shall comply with the requirements of subsection 3035(n).

(3) Governor ropes shall conform to the requirements of subsection 3036(e), when applicable.

(e) The motor-control circuit and the brake-control circuit shall be opened before, or at the time, the safety applies. [1502.7c]

(f) A car safety device which depends upon the completion or maintenance of an electric circuit for the application of the safety shall not be used. Car safeties shall be applied mechanically. [1502.7d]

(g) The minimum factors of safety and stresses of safety parts and any associated rope connections shall comply with subsection 3035(1). [1502.7e]

(Title 24, Part 7, Section 7-3085.17)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.18. Capacity and Data Plates [Rule 1502.8].

Note

(a) Capacity and data plates, conforming to the requirements of subsection 3037(c), shall be provided.

Exception to subsection 3085.18(a): For cars having no crosshead, the data plate shall be located inside the car.

(b) A conspicuous sign shall be posted that will convey the message that use of the elevator is limited to authorized personnel only.

(Title 24, Part 7, Section 7-3085.18)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.19. Limitation of Load, Speed and Platform Area [Rule 1502.9].

Note

(a) The rated load shall not exceed 650 lbs (294 kg).

(b) The inside net platform area shall not exceed nine (9) ft2 (0.84 m2).

(c) The minimum rated load shall not be less than that based on 70 lb/ft2 (3.35 kPa) of inside net platform area or 250 lbs (113 kg) whichever is greater.

(d) The rated speed shall not exceed 100 fpm (0.51 m/s).

Exception to Section 3085.19: The capacity and/or speed may increased if the Division approves and the approval shall be based on data submitted before installation or alteration indicating compliance with the applicable requirements of subsection 3000(h), Major Alterations. For rack and pinion type elevators the data submitted shall include engineering details and calculations where applicable.

(Title 24, Part 7, Section 7-3085.19)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.20. Driving Machines and Sheaves [Rule 1502.10].

Note

(a) Driving machines shall be of the traction, drum, screw, or rack and pinion type. The installation of belt-drive and chain-drive machines is prohibited. [1502.10a]

(1) Screw machines shall conform to the requirements of Section 3088.

(2) The rack and pinion drive shall consist of one or more power-driven rotating pinions mounted on the car and arranged to travel on a stationary vertical rack mounted in the hoistway. The drive shall have at least one pinion, one rack, and two backup rollers. The pinion and rack shall be of steel with a minimum safety factor of eight for the pinion and the rack. Driving machines located within the car shall be fully enclosed with solid or openwork metal which shall reject a ball 1/2 in. (13 mm) in diameter and which shall be locked.

(b) Winding drums, traction sheaves and overhead and deflecting sheaves shall be of cast iron or steel and of a pitch diameter or not less than 30 times the diameter of the wire suspension ropes. The rope grooves shall be machined. [1502.10b]

Exception to subsection 3085.20(b): Where 8 x 19 steel ropes are used on a drum type machine installation, the pitch diameter of drums and sheaves may be reduced to 21 times the diameter of the rope.

(c) The factor of safety for driving machines and sheaves shall conform to the requirements of subsection 3038(c). [1502.10c]

(d) Bolts transmitting torque and set screws shall conform to the requirements of subsection 3038(d). [1502.10d]

(e) Friction-gearing or clutch mechanisms shall not be used for connecting the drum or sheaves to the main driving mechanism. [1502.10e]

(f) Worms and worm gears made of cast iron shall not be used. [1502.10f]

(g) Driving machines shall be equipped with brakes meeting the requirements of subsection 3038(h). [1502.10g]

(h) A single ground or short circuit, a counter-voltage or a motor field discharge shall not prevent the brake magnet from allowing the brake to set when the operating device is placed in the stop position. [1502.10h]

(i) A permanent, safe and convenient means of access to elevator machine rooms and overhead machinery spaces shall be provided for authorized personnel. [1502.10i]

(Title 24, Part 7, Section 7-3085.20)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.21. Suspension Means [Rule 1502.11].

Note

(a) Suspension means shall consist of not less than two wire ropes. Only iron (low-carbon steel) or steel wire ropes having the commercial classification “Elevator Wire Rope,” or wire rope specifically constructed for elevator use, shall be used for the suspension of elevator cars and for the suspension of counterweights. The wire material for ropes shall be manufactured by the open-hearth or electric furnace process or their equivalent. [1502.11a]

(b) The minimum diameter of any suspension rope shall be not less than 3/8 in. (9.5 mm). [1502.11b]

(d) A rope data tag shall be provided that meets the requirements of subsection 3042(c).

(e) The factor of safety of the suspension means shall conform to subsection 3042(e) passenger elevators. [1502.11c]

(f) The arc of contact of a wire rope on a traction sheave and the shape of the grooves shall be sufficient to produce adequate traction under all load conditions. [1502.11d]

(g) All wire ropes anchored to a winding drum shall have not less than one full turn of rope on the drum when the car or counterweight has reached its limit of possible over-travel, including a fully compressed buffer. Each turn of the wire rope on the winding drum shall be in a separate groove on the drum. [1502.11e]

(h) No car or counterweight rope shall be lengthened or repaired by splicing. If one wire rope of a set is worn or damaged and requires replacement, the entire set of ropes shall be replaced. [1502.11f]

(i) The winding-drum ends of car and counterweight wire ropes shall be secured by clamps on the inside of the drum or by one of the methods specified in subsection 3085.20(h) for fastening wire ropes to car or counterweight. [1502.11g]

(j) The car or counterweight ends of wire ropes shall be fastened as required by Section 3042.

(Title 24, Part 7, Section 7-3085.21)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

§3085.22. Emergency Signal and/or Communication. [Rule 1502.12].

Note

Each elevator shall be equipped with an alarm button or switch in the car operating station and an alarm device mounted in a location which shall be readily available to a person who is normally situated in the vicinity when the elevator is in use, or a means of voice communication with a receiving station which is always attended when the installation is in use. If the alarm device or means of voice communication is normally activated by utility power supply, it shall be backed up by a manual or battery operated device.

(Title 24, Part 7, Section 7-3085.22)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Article 12.5. Vertical or Inclined Reciprocating Conveyors

§3087. Application.

Note • History

(a) This Article applies to the design, construction, installation, use, operation, maintenance and inspection of vertical or inclined reciprocating conveyors equipped with a platform or carrier and intended for moving inanimate objects and/or material only.

(b) The orders of this Article establish minimum requirements and take precedence over any other safety orders with which they are inconsistent. Machines, equipment and operations not specifically covered by these orders shall be governed by applicable General Industry Safety Orders.

Note: Corresponding paragraph references to ASME B20.1-1990 are shown in brackets. All references apply strictly to vertical or inclined reciprocating conveyors. All automated systems associated with conveyors are excluded from this Article.

(Title 24, Part 7, 7-3087)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New Article 12.5 (sections 3087-3087.8) filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.1. Definitions. [4]

Note • History

Actuator. A manually operated device that initiates the action of controls or controllers.

Antirunaway (Safety Stop). A safety device to stop and hold the uncontrolled descent of a platform or carrier.

Backstop. A mechanical device to prevent reversal of a loaded vertical or inclined reciprocating conveyor under action of gravity when upward travel is interrupted.

Bracing. Structural members used to stabilize the supporting structure.

Brake. A friction device for slowing down conveyor components, bringing conveyor equipment to a controlled stop, holding traveling equipment at a selected landing, preventing reverse travel, and controlling overspeed due to the action of gravity.

Carrier or Platform. The moving part of a vertical or inclined reciprocating conveyor that supports the load.

Control. The system governing the starting, stopping, direction of motion, acceleration, speed, retardation identification, and function of the moving member in a predetermined manner.

Controller. An electromechanical device or assembly of devices for starting, stopping, accelerating, or decelerating a drive, or serving to govern in the predetermined manner the power delivered to the drive.

Conveyor Vertical or Inclined. A hydraulically or mechanically powered reciprocating device exclusively designed for moving freight (not to carry passengers or an operator) vertically or on an incline between two or more landings and/or between different levels on a single floor.

Counterweight. Weights in a structural frame used to balance or impose a load.

Drive. An assembly of the necessary structural, mechanical, and electrical parts that provides the motive power.

Emergency Stop. A stop resulting from a sudden and unexpected need, and not as part of the normal operation.

Emergency Stop Switch. A device that must be actuated in an emergency situation to stop a conveyor.

Enclosed. Describes the guarding of moving parts in such a manner that physical contact by parts of the body is precluded as long as the guard remains in place.

Guard. A covering or barricade to prevent entry into operating components such as gear, chain, or nip points.

Guarded. Shielded, fenced, enclosed, or otherwise protected by means of suitable enclosure, covers, casing shields, troughs, railings, or by nature of location as to reduce forseeable injury.

Guarded By Location. Describes moving parts so protected by their remoteness from the floor, platform, walkway, or other working level, or by their location with reference to frame, foundation, or structure as to reduce the forseeable risk of accidental contact by persons or objects.

Nip point. A point at which moving or rotating machinery components may entrap persons or objects by nipping, pinching, or squeezing.

(Title 24, Part 7, Section 7-3087.1)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.2. Safety Considerations.

Note • History

(a) Vertical or inclined reciprocating conveyor equipment shall be used to convey materials within the manufacturer's capacity and speed. [5.1]

(b) Means shall be provided to prevent injury to persons in the event of mechanical or electrical failure, where the effect of gravity will allow uncontrollable lowering of the load and where this load will cause a hazard to persons. [5.5 and 6.6.1]

(1) Warning signs to this effect shall be conspicuously and securely posted at each point of access to platform or carrier.

(2) Lettering shall be not less than 2 in. (51 mm) high on a contrasting background.

(Title 24, Part 7, Section 7-3087.2)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.3. Electrical Code.

Note • History

All electrical installations and wiring shall conform to the California Code of Regulations. Title 24, Part 3, California Electrical Code.

(Title 24, Part 7, Section 7-3087.3)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.4. Controls.

Note • History

(a) Controls shall be remotely installed so as to be inaccessible from the platform or carrier. [6.6.1 and 6.21.2(e)]

(b) Control stations shall be provided for each landing or located near the access point to the platform or carrier.

(1) Whenever a solid access door is used, audible or visible means shall be provided at each landing to indicate the platform or carrier arrival.

(2) The area around the control stations shall be kept free of obstruction to permit ready access. [5.12(b)]

(Title 24, Part 7, Section 7-3087.4)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.5. Operation.

Note • History

(a) Only persons authorized by the owner shall be permitted to operate vertical or inclined reciprocating conveyors. [5.12]

(Title 24, Part 7, Section 7-3087.5)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.6. Guarding.

Note • History

(a) Vertical or inclined reciprocating conveyors shall be guarded so as to prevent injury from inadvertent physical contact. The enclosure shall be not less than 8 ft (2.44 m) high and constructed of a metal mesh that will reject a ball 2 in. (51 mm) in diameter. [6.6.2]

(b) Vertical or inclined reciprocating conveyor enclosures shall be equipped with doors or gates or equivalent device at each manual loading and unloading station, interlocked so that they can be opened only when the platform or carrier has stopped at that level and the platform or carrier cannot be moved until they are closed. [6.21.2]

(c) Where the application requires that personnel walk onto the platform or carrier to load or unload, the platform or carrier shall be provided with standard railings with midrail kickplate and snap chains across operating ends or equivalent guarding. [6.21.2(d)]

(Titile 24, Part 7, Section 7-3087.6)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.7. Counterweights.

Note • History

(a) Whenever counterweights are used to protect persons in the event of failure of the normal counterweight, support counterweights shall be confined in an enclosure to prevent the presence of persons beneath the counterweight, or the arrangement shall provide a means to restrain the failing counterweight. [5.8]

(Title 24, Part 7, Section 7-3087.7)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

§3087.8. Maintenance and Service.

Note • History

(a) Maintenance and service shall be performed by qualified and trained personnel. [5.2(a)].

(b) Where the lack of maintenance or service would cause a hazardous condition, the user shall establish a maintenance program to ensure that conveyor components are maintained in a condition that does not constitute a hazard to personnel.

(c) Where a conveyor is stopped for maintenance or service, the starting devices, prime movers or power accessories shall be locked or tagged out in accordance with the procedures indicated in California Code of Regulations, Title 8, General Industry Safety Orders, Section 3314. [5.2(d)]

(Title 24, Part 7, Section 7-3087.8)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 12-19-94; operative 1-18-95 (Register 94, No. 51).

Article 12.6. Screw Type Elevators

§3088. Screw Type Elevators.

Note • History

(1) Section 3010. (Hoistway Enclosures) Safe access to the hoist machines located on the car or in the pit shall be provided from the machine room at the lowest landing or pit level. The access door shall be electrically interlocked to prevent operation of the car when the door is not closed and locked.

(2) Section 3011. (Machine Room)

(A) Hoist motors, rotors, brakes and reduction gears may be located on the car top or in the pit provided.

1. Hoist machines located on the car top are permanently enclosed so they are inaccessible from the car top.

2. Access to drive machines mounted on the car or located in the pit is from the bottom level machine room only. An enclosure shall separate the drive unit on the car or in the pit from the machine room. Access doors shall comply with the requirements of Section 3088(a)(1).

(B) Screw fastenings, car lowering mechanisms and car overspeed governors may be housed in a removable enclosure secured against unauthorized access.

(C) Where the drive unit of a screw type elevator is located in the elevator pit, a permanent means shall be provided in the pit to support the car and platform during repairs or adjustments of the unit. Clear headroom under the platform shall be not less than 7'0” when the elevator is landed on the supports.

(3) Section 3017. (Top and bottom runbys and clearances)

(A) Elevator top and bottom clearances and runbys shall comply with Section 3017 for elevators with electric drive motors and Section 3054 for elevators with hydraulic drive motors.

(B) The bottom runby required by Section 3088(a)(3) may be eliminated where spring buffers complying with Section 3088(b)(1)(C) are provided and the speed of the elevator as it approaches the landing is not more than 10 feet per minute and the spring buffers are not compressed under normal operating conditions.

(4) Section 3018. Horizontal clearances shall comply with Section 3055.

(5) Section 3019. Protection of spaces below pits shall conform to the applicable portions of Section 3056.

(b) Machinery and Equipment. The machinery and equipment for elevators with screw type machines shall conform to the requirements of Article 8 except as sections are modified by the following:

(1) Section 3031. (Car buffers)

(A) Spring buffers used on elevators with screw type drive machines shall be so designed and installed that they will not be fully compressed when struck by the car with its rated load at governor tripping speed.

(B) Buffer design shall consider the energy of the rotating machinery and shall provide an average deceleration of not more than 1.0g for oil buffers and a maximum deceleration of 2.0g for spring buffers.

(C) Where recoil of the car upon impact with the spring buffers is detrimental to the screw, dampening shall be provided by means of a hydraulic or pneumatic device to eliminate any recoil.

(D) Calculations satisfactory to the Division shall be provided for each spring buffer design and rating.

(2) Section 3063. (Car frames and platforms) Car frames and platforms shall comply with Section 3063.

(3) Sections 3035 and 3036. Car safeties and overspeed governors. Screw elevators whose screws have not been shown to be capable of supporting 125% of the rated load and the car weight both in compression and tension shall be provided with car safety and overspeed devices of an approved type. Car safeties and governors shall comply with the requirements of Section 3035 for safeties and Section 3036 for governors.

(4) Section 3038. Screw machines shall comply with the requirements of Section 3068, Section 3104 and Section 3038 except subsections (a) and (b).

(A) In the design of screw machines, the load to be used in computing factors of safety shall be the maximum load imposed when lifting 125% of the rated load.

(B) For design purposes, screw machines shall include hoist and pump motors, gear boxes, sprockets, brakes, brake drums or discs, screws, screw supports and fastenings, rotors, lowering mechanisms, pumps, hoses, and other equipment necessary to raise and lower the elevator.

(C) The hoisting screws of screw machines shall have a factor of safety of not less than 15 based on combined tension and torsion stresses when lifting 125% of rated load and combined compression and torsion stresses when the screw is supporting 125% of rated load when used as a column.

(D) Where the rotor or nut travels with the elevator, the machine except for the screw, shall be inaccessible from the elevator car top and from outside the hoistway. Provisions shall be incorporated in the design of such a system for manually lowering the elevator, from the bottom machine room, to gain access to the machine. This manual control shall be failsafe and have a dead-man control. The lowering means shall be adjustable so the lowering speed is less than one-half rated speed with rated load on the car and shall stop and hold a load of 125% of rated load. This adjustment shall be set and sealed at the time of the initial inspection and at periods not exceeding 5 years.

(E) Machines in which the screw is stationary shall have the screw restrained at both the top and bottom ends to prevent the screw from rotating except when the car is being lowered as required by Section 3088(b)(3)(D).

(F) The screw shall be supported vertically and horizontally in such a way as to eliminate those forces or torques not taken into consideration in the design. Factors of safety required by Section 3104 shall be based on loads when lifting 125% of rated load.

(G) Drawings showing details of the entire screw machine and appropriate calculations by a California Registered Engineer shall be provided before the first machine of a kind and rating is installed and when requested by the Division. The calculations shall show the stress in all critical support members and major components of the machine. Where screws are spliced, the details of the splice shall be acceptable to the Division.

(H) The hoist machine brake shall be located so there is no coupling between the brake and screw or rotor.

(I) Belts and chains shall not be used except where multiple-link silent chain is enclosed in a transmission housing. When multiple-link silent chain is used, its wear shall be monitored with a chain switch to remove power from the drive machine motor and brake when chain wear or stretch becomes excessive.

(J) Hoist machine brakes shall be released electrically or hydraulically and applied by springs.

(K) A flexible hose supplying high pressure fluid to the hoisting rotor motor shall comply with requirements of Section 3068(a)(3)(B) except that where the failure of a hose will not result in lowering the car the hose shall have a bursting strength sufficient to withstand only 4 times the working pressure and shall be tested in the factory or in the field prior to installation of a pressure of at least 2 times the working pressure. Flexible hoses shall in addition to other criteria be designed to withstand the flexing to which they are subjected.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 12.3 (Section 3088) filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 36).

2. Renumbering of former Article 12.3 (Section 3088) to Article 12.6 and new Article 12.3 (Sections 3085-3085.22) filed 6-9-86; effective thirtieth day thereafter (Register 86, No. 24).

3. Editorial correction of subsection (b)(4)(K) (Register 95, No. 34).

Article 13. Escalators

§3089. Construction Requirements.

Note • History

(a) Protection of Floor Openings. The protection of floor openings and the means of enclosing escalators, which may or may not be a part of the required egress system of the building, shall conform to governing building codes are not considered part of the Elevator Safety Orders.

(b) Angle of Inclination. The angle of inclination shall be not more than 30 degrees from the horizontal.

(1) The width of the escalator shall be the width of the step tread (to the next whole inch).

(2) The handrail shall be a minimum of 4 in. (102 mm) horizontally and 1 in. (25 mm) vertically away from adjacent surfaces. The centerline of the handrail shall be not more than 10 in. (254 mm), measured horizontally, from the vertical plane through the edge of the exposed step.

Embedded Graphic 08.0326

RELATIONSHIP OF ESCALATOR PARTS

FIGURE 3089A

(3) The following applies to escalators installed between April 16, 1970 and the effective date of subsections 3089(c), (1) and (2), unles they have been brought into compliance with subsections 3089(c)(1) and (2).

The width between balustrades shall be measured on the incline at a point 27 inches vertically above the nose line of the steps, and shall not be less than the width of the step. It shall not exceed the width of the step by more than 13 inches with a maximum of 61/2 inches on either side of the escalator. See Figure 3089B.

Embedded Graphic 08.0327

RELATIONSHIP OF ESCALATOR PARTS

FIGURE 3089B

(d) Balustrades.

(1) A solid balustrade shall be provided on each side of the moving steps. The balustrade on the step side shall have no areas or moldings depressed or raised more than 1/4 inch from the parent surface, except when skirt deflection devices, such as brushes, are used per Section 3089(d)(6). Such areas or moldings shall have all boundary surfaces beveled unless parallel to the direction of travel.

(2) Safety glass or plastic panels, if used in balustrades, shall conform to the requirements of ANSI Z97.1, except that there shall be no requirement for the panels to be transparent.

Exception: Plastic material bonded to a basic supporting panel.

(3) The width between the balustrades in the direction of travel shall not be changed abruptly nor by more than 8 percent of the greatest width. In changing from the greater to the smaller width, the maximum allowable angle of change in the balustrading shall be 15 degrees from the line of travel.

(4) A solid guard shall be provided in the intersecting angle of the outside balustrade (deck board) and the ceiling or soffitt.

Exception: Where the intersection of the outside balustrade (deck board) and the ceiling or soffitt is more than 24 inches from the center line of the handrail.

(A) The vertical face of the guard shall project at least 14 inches horizontally from the apex of the angle. On existing installations the vertical face of the guard shall be not less than 6 inches.

(B) The exposed edge of the guard shall be rounded to eliminate shear hazard. Guards may be glass or plastic, provided they meet the requirements of Section 3089(d)(2).

(5) Existing escalators shall comply with the following:

(A) Skirt deflection devices to protect against the accidental entrapment of body parts, clothing, shoes, etc., shall be installed; or

(B) Clearances between the skirt and the step shall comply with ASME A17.1-1996, Rule 802.3e, hereby incorporated by reference; and the skirt panel shall comply with ASME A17.1-1996, Rule 802.3f, hereby incorporated by reference.

(C) The escalator shall be inspected by the Division, following the completion of Section 3089(d)(5)(A) or (B), and a new permit to operate issued. Escalator owners shall have three years from April 1, 2000 to comply with Section 3089(d)(5).

(6) If provided, the skirt deflection device shall comply with the following:

(A) The rigid portion of the device shall not rise more than 3/4 inch from the parent surface of the balustrade;

(B) The plans, drawings, and specifications on the planned installation of the deflection device shall be submitted to the Division for review before they are installed. The Division shall review the plans, drawings, and specifications to ensure the planned installations and subsequent operation does not conflict with other requirements of Article 13;

(e) Handrails.

(1) Each balustrade shall be provided with a handrail moving in the same direction and at substantially the same speed as the steps.

(2) Each moving handrail shall extend at normal handrail height not less than 12 inches beyond the line of points of the combplate teeth at the upper and lower landings.

(3) Hand or finger guards shall be provided at the point where the handrail enters the balustrade.

(4) The horizontal distance between the center lines of the two handrails, shall not exceed the width of the escalator by more than 19 in. (483mm).

Exception to 3089(e)(4): Existing installations installed prior to April 16, 1970.

(f) Step Treads.

(1) The depth of any step tread in the up direction of travel shall be not less than 153/4 inches, and the rise between treads shall be not more than 81/2 inches. The width of a step tread shall be not less than 22 inches nor more than 40 inches.

Exceptions to 3089(f)(1):

(1) For existing installations installed prior to the effective date of this order, the width of a step tread shall not be less than 16 inches.

(2) Escalators installed prior to April 16, 1970 at which time no order existed.

(2) The step riser shall be provided with vertical cleats which shall mesh with slots on the adjacent step treads as the steps make the transition from incline to horizontal.

(3) The tread surface of each step shall be slotted in a direction parallel to the travel of the steps. Each slot shall be not more than 1/4 inch wide and not less than 3/8 inch deep; and the distance from center to center of adjoining slots shall be not more than 3/8 inch.

Slots shall be so located on the step tread surface as to form a cleat on each side of the step tread adjacent to the skirt panel.

(g) Combplates.

(1) There shall be a combplate at the entrance and at the exit of every escalator.

(2) The combplate teeth shall be meshed with and set into the slots in the tread surface so that the points of the teeth are always below the upper surface of the treads.

Combplates shall be adjustable vertically. Sections forming the combplate teeth shall be readily replaceable.

(h) Trusses or Girders.

The truss or girder shall be designed to safely sustain the steps and running gear in operation and in the event of failure of the track system, the truss shall retain the tracks, steps, and running gear.

Where tightening devices are operated by means of tension weights, provision shall be made to retain these weights in the truss if they should be released.

(i) Step Wheel Tracks.

Step wheel tracks shall be so designed to contain the step wheels in the track if a step chain breaks.

(j) Rated Load.

(1) For the purpose of structural design, the rated load shall be considered to be not less than:

(Customary Units)

Structural rated load (lb) = 4.6 (W + 8)A

(Sl Units)

Structural rated load (kg) = 0.27 (W + 203)A

where

A = length of the horizontal projection of the entire truss, ft(m)

W = width of the escalator, in. (mm)

(2) For the purpose of driving machine and power transmission calculations, the rated load shall be considered to be not less than:

(Customary Units)

Machinery rated load (lb) = 3.5 (W + 8)B

(Sl Units)

Machinery rated load (kg) = 0.21 (W + 203)B

where

B = 1.732 x rise, ft(m)

W = width of the escalator, in. (mm)

(3) For the purpose of brake calculations, the rated load shall be not less than:

(A) With Escalator Stopped

(Customary Units)

Brake rated load (lb) = 4.6 (W + 8)B

(Sl Units)

Brake rated load (kg) = 0.27 (W + 203)B

(B) With Escalator Running

(Customary Units)

Brake rated load (lb) = 3.5 (W + 8)B

(Sl Units)

Brake rated load (kg) = 0.21 (W + 203)B

where

B = 1.732 x rise, ft(m)

W = width of the escalator, in. (mm)

Exception to 3089(j):

(1) For existing installations installed prior to the effective date of this order, the rated load shall be computed as follows:

The rated load, in pounds, shall be computed by the following formula:

RATED LOAD = 4.6WA

Where W is the width in inches between the balustrades and A the horizontal distance in feet between the upper and lower combplate teeth. (See figure 3089B).

(k) Design Factors of Safety. The factors of safety, based on the static loads, shall be at least the following:

(1) For driving machine parts:

(A) Where made of steel or bronze, 8.

(B) Where made of cast iron or other materials, 10.

(2) For power-transmission members, 10.

Exception: Step chains composed of cast-steel links which, if thoroughly annealed, shall be permitted with a factor of safety of at least 20.

(3) Steel trusses and supporting structures, including tracks, shall conform to AISC Specification for Design Fabrication and Erection of Structural Steel for Buildings.

(l) Rated Speed. The rated speed shall be not more than 125 feet per minute.

(Title 24, Part 7, Section 7-3089.)

NOTE

Authority cited: Labor Code Section 142.3. Reference: Labor Code Section 142.3

HISTORY

1. Amendment of Figure 3089, subsection (d)(2), (k)(3) and repealer of subsection (e)(5) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 35).

3. Amendment of subsection (d)(1) and new subsections (d)(6)-(d)(7)(C) filed 3-13-2000; operative 4-1-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 11).

4. Amendment of subsection (d)(1), repealer of subsection (d)(3), subsection renumbering, and amendment of newly designated subsection (d)(5)(C) filed 5-6-2002; operative 6-5-2002 (Register 2002, No. 19).

5. Change without regulatory effect amending subsections (c)(2) and (c)(3) to provide more legible illustrations in Figures 3089A and 3089B filed 5-1-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 18).

§3090. Escalator Machinery and Equipment.

Note • History

(a) Driving Machine, Motor, and Brake.

(1) The driving machine shall be connected to the main drive shaft by toothed gearing, a coupling, or a chain.

(2) An electric motor shall not drive more than one escalator.

(3) Each escalator shall be provided with an electrically released and mechanically or magnetically applied brake. If the brake is magnetically applied, a ceramic permanent magnet shall be used.

(A) There shall be no intentional time delay designed into the application of the brake.

(B) The brake shall be applied automatically if the electrical power supply is interrupted.

(D) The escalator brake shall stop the down running escalator at a rate no greater than 3 ft/sec2 (0.91 m/s2).

(E) The escalator brake shall be provided with a nameplate which indicates the brake torque in ft-lb (Nm) required to stop and hold brake rated load.

(4) Where means other than a continuous shaft, coupling, or toothed gearing is used to connect the motor to a gear reducer, the escalator brake shall be located on the gear reducer or main drive shaft.

(5)(A) If the escalator brake is separated from the main drive shaft by a chain used to connect the driving machine to the main drive shaft, a mechanically or magnetically applied brake capable of stopping a down running escalator with brake rated load shall be provided on the main drive shaft. If the brake is magnetically applied,a ceramic permanent magnet shall be used.

(B) The brake shall stop the down running escalator at a rate no greater than 3 ft/sec2 (0.91 m/s2), at brake rated load.

Exception to 3090 (a)(3), (4), (5):
(1) For existing installations installed prior to the effective date of this order, each escalator shall comply with the following:
Each escalator shall be provided with an electrically released mechanically applied brake capable of stopping the up or down traveling escalator with any load up to rated load, as defined in subsection 3089(j). This brake shall be located either on the driving machine or on the main drive shaft.
Where a chain is used to connect the driving machine to the main drive shaft, a brake shall be provided on the driven shaft. It is not required that this brake be of the electrically released type if an electrically released brake is provided on the driving machine.

(b) Operating and Safety Devices.

(1) Operating and safety devices shall be provided conforming to the requirements of this section.

(A) Starting switches shall be of the key-operated, spring return-type and shall be located within sight of the escalator steps.

(B) Emergency stop buttons or other type of manually operated switches having red buttons or handles shall be accessibly located at or near the top and bottom landings of each escalator, and shall be protected against accidental operation. An escalator stop button with an unlocked cover over it which can readily be lifted or pushed aside shall be considered accessible. The operation of either of these buttons or switches shall interrupt the power to the driving machine. It shall not be possible to start the driving machine by these buttons or switches.

(C) Escalators may be arranged to be started and stopped from remote locations only with prior approval from the division. Such approval will be based on, but not limited to the applicant demonstrating that;

1. There shall be provided an acceptable means of viewing the run and landing of the escalator at the remote location.

2. There shall be provided an acceptable means of communication between the escalator and the remote location.

(D) Escalators may be arranged for automatic starting and stopping only with prior approval from the division. Such approval will be based on, but not limited to, the applicant demonstrating that;

1. The escalator shall be provided with an acceptable means to prevent it from starting when a person is on the steps.

2. The escalator shall be provided with some means to determine the direction the person wishes to go, up or down.

3. The starting shall be such that the step are up to full speed before the person reaches them.

4. The escalator shall be provided with some acceptable means to prevent the escalator from stopping until all riders are off the steps.

5. The escalator landing areas shall be provided with illuminated signs that inform the potential rider of the information needed for safe use of the escalator.

(E) A speed governor shall be provided, the operation of which will cause the interruption of power to the driving machine should the speed of the steps exceed a predetermined value, which shall be not more than 40 percent above the rated speed.

Exception: The overspeed governor is not required where a low slip alternating current squirrel cage induction motor is used and the motor is directly connected to the driving machine.

(F) A broken step-chain device shall be provided that will cause the interruption of power to the driving machine if a step chain breaks, and, where no automatic chain tension device is provided, if excessive sag occurs in either step chain.

(G) An electrically released brake shall automatically stop the escalator when any of the safety devices function.

(H) Where the driving machine is connected to the main drive shaft by a chain, a device shall be provided which will cause the application of the brake on the main drive shaft if the drive chain parts.

(I) Each space containing moving parts, where a means of access is provided, shall be equipped with a stop switch located adjacent to the access door or panel. The stop switches shall:

1. Be of the manually opened and closed type.

2. Be conspicuously and permanently marked, “STOP.”

3. Be positively opened mechanically and their opening shall not be solely dependent on springs.

4. When opened, cause electric power to be removed from the escalator driving machine motor and brake.

Exception: Machinery space in which main line disconnect switch is located.

(J) Means shall be provided to cause the opening of the power circuit to the escalator driving machine motor and brake should an object become wedged between the step and the skirt panel as the step approaches the lower combplate.

(K) Rolling shutters, if used, shall be provided with a device which shall be actuated as the shutters begin to close to cause electric power to be removed from the escalator driving machine motor and brake.

(L) Means shall be provided to cause the opening of the power circuit to the driving machine motor and brake in case of accidental reversal of travel while the escalator is operating in the ascending direction.

(c) Access to Machine Rooms or Machinery Spaces. Sufficient clearance shall be provided within the machine room for safe access, as required for inspection and maintenance, and safe access shall be provided to the machine room.

(1) Floor access panels, in excess of 70 lbf (311 N) shall be counterbalanced or provided with means to lift and move the panel away from the machinery space.

(2) The building owner or responsible party shall provide a competent person to assist the Division's representative where steps removal is required to gain access to drive units, brake and upthrust devices inside the escalator truss.

(d) Lighting and Electrical Work. Lighting and electrical work shall conform to the requirements of CCR, Title 24, Part 3, Article 620.

(e) Guarding in Machine Space. A guard shall be provided between the machine room and the steps to prevent accidental contact with the moving steps.

(Title 24, Part 7, Section 7-3090.)

NOTE

Authority cited: Labor Code Section 142.3. Reference: Labor Code Section 142.3.

HISTORY

1. Amendment of subsection (b)(1)(A) and new subsection (b)(1)(J) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26)

2. Amendment of subsections (a) and (b) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 35).

3. Editorial correction of printing error in subsection (b)(1)(B) (Register 94, No. 18).

4. Amendment of subsection (d) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

5. Amendment of subsections (c)-(c)(1) and new subsection (c)(2) filed 12-6-94; operative 1-5-95 (Register 94, No. 49).

Article 14. Moving Walks

§3091. Design Requirements.

Note • History

(a) Direction of Passage. Passage from a landing to a treadway or vice versa shall be in the direction of treadway travel at the point of passenger entrance or exit.

(b) Load Rating.

(1) For the purpose of structural design, the load rating shall be considered to be not less than 100 pounds per square foot of exposed treadway.

(2) For the purpose of brake, treadway and power transmission calculations, the load rating shall be considered to be not less than 75 pounds per square foot of exposed treadway.

(1) The width of a moving walk is the exposed width of treadway and shall be not less than 16 inches. The maximum width shall depend both on the maximum treadway slope at any point on the treadway, and on the treadway speed. The width shall not exceed the value determined by Table 3091C.

(2) The exposed width of treadway shall not be decreased in the direction of travel.

This width requirement applies only to moving walks having entrance to or exit from landings. It is not intended to preclude development of moving walk systems in which changes in width are made safe and practical by direct passage from one treadway to another, subject to the approval of the division.

TABLE 3091C

Maximum Moving Walk Treadway Width in Inches

Maximum Treadway Above 90 to Above 140 to

Slope At Any 90 fpm Max. 140 fpm 180 fpm

Point Treadway Treadway Treadway

Speed Speed Speed

0 to 5o Unrestricted 60 40

above 5 to 8o 40 40 40

above 8 to 15o 40 40 Not permitted

(d) Belt Type Treadways.

(1) Belt type treadways shall be designed with a factor of safety of not less than 5, based on ultimate strength.

(2) Splicing of the treadway belt shall be made in such a manner as to result in a continuous unbroken treadway surface of the same characteristics as the balance of the belt.

(3) The treadway surface shall be grooved in a direction parallel to its travel for the purpose of meshing with comb plates at the landings. Each groove shall be not more than 1/4 inch wide at the treadway surface and not less than 3/16 inch deep; and the distance from center to center of adjoining grooves shall be not more than 1/2 inch. Sides of grooves may slope for mold draft purposes and may be filleted at the bottom.

(e) Belt Pallet Type Treadways.

(1) Pallet connecting chains or other connecting devices between pallets, and pallets where part of the propelling system, shall have a factor of safety of not less than 10, based on ultimate strength.

(2) Splicing of the treadway belt shall be made in such a manner as to result in a continuous unbroken treadway surface of the same characteristics as the balance of the belt.

(4) Adjacent ends of pallets shall not vary in elevation more than 1/16 inch. The fasteners that attach the belt to the pallets shall not project above the exposed treadway surface.

(f) Pallet Type Treadway.

(1) Pallet connecting chains or other connecting devices, and pallets where part of the propelling system, shall have a factor of safety of not less than 10, based on ultimate strength.

(2) The maximum clearance between pallets shall be 5/32inch.

(3) The treadway surface of each pallet shall be grooved in a direction parallel to its travel. Each groove shall be not more than 1/4 inch wide at the treadway surface and not less than 3/16 inch deep; and the distance from center to center of adjoining grooves shall be not more than 1/2 inch. Sides of grooves may slope for mold draft purposes and may be filleted at the bottom.

(4) Adjacent ends of pallets shall not vary in elevation more than 1/16 inch.

(g) Treadway Slope. The slope of a treadway shall not exceed 15 degrees at any point.

(h) Speed.

(1) The maximum speed of a treadway shall depend both on the maximum treadway slope at points of entrance or exit, and on the maximum treadway slope at any other point on the treadway. This speed shall not exceed the lesser of the values determined by Tables 3091H1 and 3091H2.

TABLE 3091H1

Maximum Treadway Slope at Maximum Treadway

Point of Entrance or Exit Speed in F.P.M.

0 to 3o 180

above 3 to 5o 160

above 5 to 8o 140

above 8 to 12o 130

above 12 to 15o 125

TABLE 3091H2

Maximum Treadway Slope at Maximum Treadway

Any Point on Treadway Speed in F.P.M.

0 to 8o 180

above 8 to 15o 140

(2) The maximum speeds listed in Tables 3091H1 and 3091H2 apply only to moving walks having entrance from or exit to landings. It is not intended to preclude development of moving walk systems in which high speeds are made safe and practical by direct passage from one treadway to another, subject to the approval of the division.

(i) Supports.

(1) For slider bed walks, the carrying portion of the treadway shall be supported for its entire width and length except where it passes from a support to a pulley. The surface of the slider bed shall be reasonably smooth. It shall be so constructed that it will not support combustion.

(2) For roller bed walks, the combination of roller spacing, belt tension and belt stiffness shall be such that the deflection of the treadway surface, midway between rollers, shall not exceed the quantity 0.094 inch + (0.004 times center to center distance of rollers in inches) when measured as follows:

The treadway surface shall be loaded midway between rollers with a 25 pound weight concentrated on a cylindrical footpiece 2 inches long by 1 inch diameter placed with its long axis across the belt. Deflection of this footpiece from its unloaded position shall not exceed the figure obtained above.

The rollers shall be concentric and true running within commercially acceptable tolerances.

(3) For edge supported belts, where the treadway belt is transversely rigid and is supported by rollers along its edges, the following requirements shall apply:

(A) With the belt tensioned through the take-up system, the permissible slope of a straight line from the top of a treadway rib adjacent to the center line of the treadway to the top of a treadway rib adjacent to the balustrade, in a line perpendicular to the path of the treadway, shall not ex-ceed 3 percent when the treadway is loaded with a 150 pound weight on a 6 inch by 10 inch plate located on the center line of the treadway with the 10 inch dimension in the direction of treadway travel.

(B) In order to support the treadway in case of localized overload, supports shall be supplied at intervals, not exceeding 6 feet along the centerline of the treadway. The supports shall be located at a level not more than 2 inches below the underside of the treadway when it is loaded under the test conditions required by the preceding paragraph.

(4) For pallet and belt pallet walks, pallet wheel tracks shall be so designed and located as to prevent more than 1/8 inch vertical displacement of the treadway should the pallet connection means break.

(j) Threshold Plates. The entrance to or exit from a moving treadway shall be provided with a threshold plate designed and installed to provide a smooth passage between treadway and landing and vice versa and conform to the following:

(1) The threshold plate shall be provided with a comb.

(2) The threshold comb teeth shall be meshed with and set into the grooves of the treadway surface so that points of the teeth are always below the upper surface of the treadway.

(3) The surface of the plate shall afford a secure foothold. The surface shall be smooth from the point of intersection of the comb teeth and the upper surface of the treadway, for a distance not exceeding 4 inches and not less than 1 inch.

(k) Balustrades. Moving walks shall be provided with an enclosed balustrade on each side conforming to the following:

(1) Construction.

(A) Balustrades without moving handrails shall be designed so as to provide no surfaces which can be gripped by a passenger. On the treadway side, the balustrade shall have no areas or moldings depressed or raised more than 1/4 inch from the parent surface, except when skirt deflection devices, such as brushes, are used per Section 3091(k)(4). Such areas or moldings shall have all boundary surfaces beveled unless parallel to the direction of travel. The balustrades shall extend at normal height not less than 12 inches beyond the end of the exposed treadway.

(B) Glass or plastic panels, if used in the balustrades, shall conform to the requirements of ANSI Z97.1 except that there shall be no requirement for the panels to be transparent.

(C) Balustrades shall be designed to resist the simultaneous application of a lateral force of 40 pounds per lineal foot and a vertical load of 50 pounds per lineal foot, both applied to the top of the balustrade.

(2) The height of the balustrade shall be not less than 30 inches measured perpendicular to the treadway surface. At this height, the inner surface of the balustrade shall be located not more than 8 inches outside the vertical projected edge of the exposed treadway.

(3) If the balustrade covers the edge of the treadway, the clearance between the top surface of the treadway and the underside of the balustrade shall not exceed 1/4 inch. Where skirt panels are used, the horizontal clearance on either side of the treadway between the treadway and the adjacent skirt panel shall be not more than 1/4 inch.

(4) Where moving walks are provided with skirt deflection devices to protect against accidental entrapment of body parts, clothing, shoes, etc., the following shall apply:

(A) The rigid portion of the device shall not rise more than 3/4 inch from the parent surface of the balustrade.

(B) The plans, drawings, and specifications on the planned installation of the deflection device shall be submitted to the Division for review before the deflection device is installed. The Division shall review the plans, drawings, and specifications to ensure the planned installations and subsequent operation does not conflict with other requirements of Article 14.

(C) The deflection device shall be inspected by the Division for entanglement, entrapment, shearing, or tripping hazards.

(l) Guards at Ceiling. Where the intersection of the balustrade (deck board) and the ceiling or soffitt is less than 24 inches from the center line of the handrail, a solid guard shall be provided in the intersecting angle. The vertical face of the guard shall have a height of at least 7 inches and shall be rounded. Guards may be of glass if of the tempered-type conforming to ANSI Z97.1.

(m) Handrails.

(1) Two moving handrails shall be provided on each moving walk.

Exceptions:

1. Moving walks having a slope of 3 degrees or less and a speed of 70 feet per minute or less.

2. Moving walks having a width of 21 inches or less; where a single moving handrail may be used.

(2) The moving handrail at both the entrance and exit landings shall extend at normal height at least 12 inches beyond the end of the exposed treadway. The point where the moving handrail enters or leaves an enclosure shall be not more than 10 inches above the floor line.

(3) Hand or finger guards shall be provided at the points where the handrail enters the balustrade.

(4) The moving handrail return run and its driving and supporting machinery shall be fully enclosed.

(5) Each moving handrail shall move in the same direction and at substantially the same speed as the treadway.

(n) Drive, Motor, and Brakes.

(1) The driving machine shall be connected to the main drive shaft by toothed gearing, a coupling or a chain.

(2) Each moving walk shall be provided with an electrically released, mechanically applied brake capable of stopping and holding the treadway with any load up to the load rating. This brake shall be located either on the main drive shaft or on the driving machine and connected to the main drive shaft by toothed gearing, a coupling, or a chain.

Where a chain is used to connect the driving machine to the main drive shaft, a brake shall be provided on that shaft. It is not required that this brake be of the electrically released type if an electrically released brake is provided on the driving machine.

Exception: Moving walks which will not run in the down direction by gravity under any load condition up to their load rating with the power supply interrupted do not require brakes.

(3) Electrically released brakes shall stop the treadway automatically upon failure of power or when any of the safety devices specified in Section 3092(a) operate. Brakes on the main drive shaft, if not of the electrically released type, shall be applied should the drive chain part.

(4) Speed reducers shall meet the requirements for design and application as established for the various types in the appropriate AGMA Practice Standards, as follows:

420.03--Helical and Herringbone Gear Speed Reducers

430.03--Spiral Bevel Gear Speed Reducers

440.03--Single and Double Reduction Cylindrical-Worm and Helical-Worm Speed Reducers

441.03--Double Enveloping-Worm Gear Speed Reducers

460.04--Gearmotors

480.03--Shaft Mounted Speed Reducers

The loading shall be considered to be uniform and the service to be 24 hours per day.

(5) Chain drives shall be of the types covered by the following American Standards.

(A) ANSI B29.1--Transmission Roller Chains and Sprocket Teeth

(B) ANSI B29.2--Inverted Tooth Chains and Sprocket Teeth

When operating at the load rating of the treadway, the load imposed on such chains shall not exceed the horsepower rating as established by these standards.

The loading shall be considered to be uniform and the service to be 24 hours per day.

(6) When operating at the load rating of the treadway, the load imposed on V-belt drives shall not exceed the horsepower rating as established by the American Standard Specification for Multiple V-Belt Drives, USAS B55.1. The loading shall be considered to be uniform and the service to be 24 hours per day.

(7) Pallet propelling chains and drive components other than those specified shall have a factor of safety of not less than 10, based on ultimate strength.

(o) Supporting Structure.

The steel supporting structure for the treadway, balustrades, and machinery shall conform to Chapter 27, Part 2, Title 24, CAC.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Table 3091C, repealer and new subsection (k), and amendment of subsection (l) and (n)(5) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Editorial correction of subsection (k)(2) (Register 95, No. 34).

3. Amendment of subsection (k)(1), new subsections (k)(4)-(k)(4)(C) and new Note filed 3-13-2000; operative 4-1-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 11).

§3092. Operating and Safety Devices. Electrical Equipment and Wiring.

Note • History

(a) Devices Required.

Operating and safety devices shall be provided conforming to the following requirements:

(1) Starting switches shall be of the key-operated, spring return-type and shall be located within sight of the exposed treadway.

(2) Emergency stop buttons or other types of manually operated switches having red buttons or handles shall be accessibly located at every entrance to and exit from a moving walk, and shall be protected against accidental operation. The operation of any of these buttons or switches shall interrupt the power to the driving machine and to the brake, where provided. It shall be impossible to start the driving machine by these buttons or switches.

(3) Where the driving machine is connected to the main drive shaft by a chain, and where a brake is located on that shaft when required by Section 3091(n)(2), a device shall be provided which will cause the application by such brake if the drive chain parts.

(4) Moving walks required by Section 3091(n)(2) to be equipped with a brake, or which are driven by a direct current motor, shall be provided with a speed governor which will cause the interruption of power to the driving machine and to the brake, where provided, should the speed of the treadway exceed a predetermined value, which shall be not more than 40 percent above the maximum designed treadway speed.

Exception:

1. Moving walks driven by low slip-alternating current induction motors directly connected to the driving machine do not require speed governors.

2. Moving walks driven by low slip-alternating current induction motors connected to the driving machine by belts or chains, where a device is provided which will cause interruption of power to the motor and apply the brake should the belts lose driving tension or should the belts or chains break.

(5) A device shall be provided which will cause interruption of power to the driving machine and to the brake, where provided, if the connecting means between pallets break.

(6) Where a device is required to interrupt power, such interruption shall be not subject to intentional delay. The use of a supplemental and independent device with or without intentional delay is permissible.

(7) Each space containing moving parts, where a means of access is provided, shall be equipped with a stop switch located adjacent to the access door or panel. The stop switches shall:

(A) Be of the manually opened and closed type.

(B) Be conspicuously and permanently marked, “STOP.”

(D) When opened, cause electric power to be removed from the moving walk driving machine motor and brake.

(b) Electrical Equipment and Wiring. Electrical equipment and wiring shall conform to CCR, Title 24, Part 3, Article 620.

(c) Access and Work Space. Sufficient clearance shall be provided within the machine room for safe access as required for inspection and maintenance, and safe access shall be provided to the machine room.

Floor access panels, in excess of 70 pounds, shall be counterbalanced or provided with means to lift and move the panel away from the machinery space.

(d) Guarding in Machine Space. On pallet type moving walks, a guard shall be provided between the machine room and the pallets to prevent accidental contact with the moving pallets.

(Title 24, Part 7, Section 7-3092)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a)(1) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment of subsection (a)(7) filed 12-22-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment of subsections (b) and (d) and Note filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

Article 15. Special Access Elevators and Special Access Lifts

§3093. Special Access Elevators.

Note • History

(a) Scope: Sections 3093 through 3093.60 apply to special access elevators, installed to facilitate access according to Title 24, under the jurisdiction of the Division intended for the exclusive use of persons with disabilities.

(b) Special access elevators installed in locations under the jurisdiction of the Division shall comply with the requirements of Article 15.

Exception to 3093(b): Special access elevators allowed by variance.

(c) The machine and associated controllers and equipment shall be installed meeting the requirements of subsection 3011(a) and be secured against unauthorized access.

(d) Use of the elevator shall serve disabled individual(s) only and shall not be used to transport materials and equipment.

(e) The Division shall inspect the elevator, witness a safety test(s) and issue a permit to operate, prior to being placed in service.

(Title 24, Part 7, Section 7-3093)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New Article 15 (Sections 3093, 3093.1-3093.59) filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36). For history of former Article 15, see Registers 82, No. 40 and 79, No. 1.

2. Amendment of article heading, section heading, subsection (a) and Note filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

3. Amendment of article 15 heading, section heading, section and Note filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.1. Hoistway Enclosure Construction.

Note • History

(a) Hoistways shall be fully enclosed meeting the requirements of Section 3010.

(b) Exterior windows within the hoistway shall be protected by grillwork.

(c) Enclosures shall be of sufficient strength to support in true alignment, the hoistway doors, gates and their locking equipment.

(Title 24, Part 7, Section 7-3093.1)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 3).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.2. Pits.

Note • History

(a) A pit shall be provided and the pit depth shall not be less than is required for the installation of the buffers and all other necessary elevator equipment.

(b) The pit shall be kept clean and free from dirt and rubbish. The pit shall not be used for storage purposes and shall be maintained free of an accumulation of water.

(Title 24, Part 7, Section 7-3093.2)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and subsection (b) filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.3. Top Car Clearance.

Note • History

The top car clearance shall be not less than 6 in. (152 mm) plus 1 in. (25 mm) for each 3 1/3 fpm (0.017 m/s) of the rated speed in excess of 30 fpm (0.15 m/s).

(Title 24, Part 7, Section 7-3093.3)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Editorial correction (Register 97, No. 6).

3. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.4. Protection of Hoistway Openings.

Note • History

(a) Hoistway doors conforming with Section 3020 shall be provided to protect each landing opening.

(b) Hoistway doors shall be provided with approved interlocks complying with Section 3021.

Exception to 3093.4(b): Interlocks may be zoned complying with subsection 3021(d)(1)(D).

(1) The power-operated hoistway doors shall be either horizontally sliding or swing type doors.

(A) Horizontally sliding doors shall have power opening that complies with Section 3022(b)(2), and power closing that complies with Sections 3022(c) and 3022(e).

1. Power-operated doors shall remain open for at least 20 seconds when activated.

(B) Where provided, automatic swing type doors shall be low energy, power-operated, and shall comply with ANSI/BHMA A156.19-1990, American National Standard for power assist and low energy power operated doors, except section 3, which is hereby incorporated by reference.

Note: A low energy power-operated door is a door with power mechanisms that open and close the door upon receipt of an actuating signal and does not generate more kinetic energy than specified in ANSI/BHMA A156.19-1990.

(Title 24, Part 7, Section 7-3093.4)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and subsection (b) and new subsections (c)-(c)(1)(B) filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.5. Pipes in Hoistways.

Note • History

Pipes conveying steam, gas or liquids which, if discharged into the hoistway, would endanger life shall not be installed in the hoistway.

(Title 24, Part 7, Section 7-3093.5)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.6. Horizontal Car Clearances.

Note • History

(a) There shall be a clearance of not less than 3/4 in. (19 mm) between the car and the hoistway enclosure, and between the car and its counterweight.

(b) The clearance between the car platform and the landing sill shall be not less than 1/2 in. (13 mm) nor more than 1 1/2 in. (38 mm).

(Title 24, Part 7, Section 7-3093.6)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Editorial correction of subsection (a) (Register 95, No. 34).

3. Editorial correction of subsection (b) (Register 97, No. 6).

4. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.7. Guarding of Suspension Means.

Note • History

(a) Ropes and chains passing through a floor or stairway outside the hoistway enclosure shall be enclosed with a solid or openwork enclosure. If of openwork, the enclosure shall reject a ball 1/2 in. (13 mm) in diameter. Means for inspection shall be provided. The floor openings shall not be larger than is necessary to clear the suspension means.

(b) Ropes and chains immediately adjacent to a stairway shall be guarded with solid or openwork panels on the stair side. Openwork panels shall reject a ball 1/2 in. (13 mm) in diameter.

Exception to subsection 3093.7(b): Ropes or chains which operate within a guide or track shall be considered suitably guarded.

(Title 24, Part 7, Section 7-3093.7)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.8. Car Frames and Platforms.

Note • History

(a) Car frames and platforms shall be constructed of metal or a combination of metal and wood having a factor of safety of not less than 5 based on rated load.

(b) Cast iron shall not be used in any member of the car frame or platform other than for guides or guide shoe brackets.

(Title 24, Part 7, Section 7-3093.8)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

§3093.9. Car Enclosure.

Note • History

(a) Except at entrances, cars shall be enclosed on all sides and on the top. The enclosure shall be constructed of solid material, except where other material is permitted by the Division.

(b) Car enclosures shall be secured in conformance with the requirements of subsections 3034(a)(1) and 3034(a)(2).

(Title 24, Part 7, Section 7-3093.9)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.10. Number of Compartments.

Note • History

The car shall have only one compartment.

(Title 24, Part 7, Section 7-309.10)

NOTE

Authority cited: Section 142.3, Labor Code, Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.11. Car Doors and Gates.

Note • History

(a) Car doors or gates are required. They shall protect the entire car entrance and be constructed of solid material.

(1) Material shall be non-perforated.

(2) Scissor gates are prohibited.

(b) Power opening, where used for car doors and gates, shall conform to the requirements of subsection 3022(b)(1). Power closing, where used for car doors and gates, shall conform to the requirements of subsections 3022(c), 3022(d), and 3022(e).

(c) Power opening and power closing of car doors or gates shall be required for special access elevators installed after Sept. 28, 2001.

(d) Every car door or gate shall be provided with an electric contact conforming to the requirements of subsection 3034(d)(2). The design of the car door or gate electric contacts shall be such that, for a sliding door or gate, the car cannot move unless the door or gate is within 2 in. (51 mm) of the fully closed position. If the door or gate swings outward to open, the car door or gate must be closed and locked before the car can move.

(e) The distance between the hoistway enclosure opposite the car entrance and the car gate shall not exceed 5 inches.

(Title 24, Part 7, Section 7-3093.11)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.12. Light in Car.

Note • History

The car shall be provided with an electric light. The control switch for the light shall be located in the car and near the car entrance. The minimum illumination at the car threshold, with the door closed, shall be not less than 5 foot candles (54 lux).

(Title 24, Part 7, Section 7-3093.12)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.13. Counterweights.

Note • History

(a) Counterweights, where used, shall run in guide rails.

(b) Counterweights shall be located as required by subsection 3013(a).

(c) Where a car counterweight is used, it shall not be of sufficient weight to cause slackening of any rope during acceleration or retardation of the car.

(d) The counterweight sections, whether carried in a frame or not, shall be fastened together and shall also be secured to prevent shifting by an amount which will reduce the running clearance to less than that specified in subsection 3093.6(a).

(Title 24, Part 7, Section 7-3093.13)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.14. Location and Guarding of Counterweights.

Note • History

Access shall be provided for inspection, maintenance, and repair of an enclosed counterweight and its ropes. Doors on the counterweight enclosure shall be self-closing and self-locking and openable from the outside only with a suitable key. If the enclosure is of such size that the door can be closed when the enclosure is occupied by a person, the door shall be easily openable from the inside without the use of a key or other instrument. A stop switch conforming to the requirements of subsection 3040(b)(5) shall be located adjacent to and inside the opening and operable without entering the enclosure.

(Title 24, Part 7, Section 7-3093.14)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth thereafter (Register 86, No. 36).

2. Editorial correction of fourth sentence (Register 95, No. 41).

3. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.15. Safeties Required.

Note • History

Each elevator shall be provided with a car safety. Where the space below the hoistway is not permanently secured against access, the counterweight shall be provided with a safety conforming to the requirements of Section 3093.16.

(Title 24, Part 7, Section 7-3093.15)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.16. Operation of Safeties.

Note • History

The car safety shall be of the inertia or other approved type operated by the breakage of the suspension means or by the action of a speed governor. If it is a speed governor type, the governor shall operate the safety at a maximum speed of 75 fpm (0.38 m/s). On the breakage of the suspension means, the safety shall operate without delay and independent of the speed governor action.

(Title 24, Part 7, Section 7-3093.16)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.17. Application of Safeties.

Note • History

The application of any safety required by Section 3093.15 shall conform to the requirements of subsection 3035(i).

(Title 24, Part 7, Section 7-3093.17)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.18. Materials Used in Safeties.

Note • History

The minimum factors of safety and stresses of safety parts and rope connections shall conform to the requirements of subsection 3106(d).

(Title 24, Part 7, Section 7-3093.18)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.19. Location of Speed Governor.

Note • History

Where a speed governor is used, it shall be located where it is readily accessible from outside the hoistway and it cannot be struck by any moving object in normal operation or under conditions of overtravel and where there is sufficient space for full movement of the governor parts.

(Title 24, Part 7, Section 7-3093.19)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.20. Opening of the Brake Circuit on Safety Application.

Note • History

Where a speed governor is used, the motor circuit and the brake circuit shall be opened before or at the time that the safety applies.

(Title 24, Part 7, Section 7-3093.20)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.21. Governor Ropes.

Note • History

The governor ropes shall be of iron, steel, monel metal or phosphor bronze not less than 1/4 in. (6.3 mm) in diameter. Tiller rope construction shall not be used.

(Title 24, Part 7, Section 7-3093.21)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.22. Car and Counterweight Guide Rails and Guide Fastenings.

Note • History

Car and counterweight guide rails and guide fastenings shall conform to the requirements of subsections 3030(b), 3030(j) and 3106(a)(1), (2).

(Title 24, Part 7, Section 7-3093.22)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.23. Buffers and Buffer Supports.

Note • History

(a) The car and counterweight shall be provided with spring buffers so designed and installed that they will not be fully compressed when struck by car with its rated load and speed or by the counterweight traveling at 125% of the rated speed, or at governor tripping speed where a governor-operated safety is used.

(b) Car and counterweight-buffer supports shall be of sufficient strength to withstand without failure the impact resulting from buffer engagement at 125% of the rated speed, or at governor tripping speed where a governor-operated safety is used.

(Title 24, Part 7, Section 7-3093.23)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.24. Overhead Machinery Beams and Supports.

Note • History

(a) All machinery and sheaves shall be so supported and secured as to prevent any part from becoming loose or displaced.

(b) Beams supporting machinery shall be of steel, sound timber or reinforced concrete.

(1) The load resting on the beams and their supports which shall include the complete weight of the machine, sheaves, controller and any other equipment supported thereon.

(2) Two times the sum of the tension on all suspension ropes or chains.

(Title 24, Part 7, Section 7-3093.24)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and subsections (a) and (c) filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.25. Material for Sheaves and Drums and Minimum Diameter.

Note • History

(a) Winding drums, traction sheaves, and overhead and deflecting sheaves shall be of cast iron or steel and of a diameter of not less than 30 times the diameter of the wire suspension means. The rope grooves shall be machined and designed to conform with the requirements of subsection 3038(b).

Exception to subsection 3093.25(a): Where 8 x 19 steel ropes or 7 x 19 aircraft cable are used, the required minimum diameter of drums and sheaves may be reduced to 21 times the diameter of the rope.

(b) The factor of safety, based on the static load (the rated load plus the weight of the car, ropes, counterweights, etc.) to be used in the design of the driving machine and sheaves shall be not less than 8 for wrought iron and steel, and 10 for cast iron, cast steel and other metals.

(Title 24, Part 7, Section 7-3093.25)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.26. Fastening of Driving Machines and Sheaves to Underside of Overhead Beams.

Note • History

(a) Overhead driving machines or sheaves shall not be fastened to the underside of the supporting beams.

Exception to subsection 3093.26(a): Idlers or deflecting sheaves including the guards and frames.

(b) Cast iron in tension shall not be used for supporting idler and deflections sheaves where they are hung beneath the beams.

(Title 24, Part 7, Section 7-3093.26)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.27. Factor of Safety for Overhead Beams and Supports.

Note • History

The factor of safety for overhead beams and supports based on ultimate strength of material shall not be less than 5 for steel, and 6 for timber and reinforced concrete.

(Title 24, Part 7, Section 7-3093.27)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.28. Hydraulic Driving Machine.

Note • History

Hydraulic Driving Machines shall conform to the requirements of Section 3067.

Exception to Section 3093.28: Roped-hydraulic machines may be used.

(Title 24, Part 7, Section 7-3093.28)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.29. Screw Machines.

Note • History

Screw machines, where used, shall conform to the requirements of Section 3088.

Exception to Section 3093.29: The rated speed shall not exceed 40 fpm (0.20 m/s).

(Title 24, Part 7, Section 7-3093.29)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.30. Set Screw Fastenings.

Note • History

Set screw fastenings shall not be used in lieu of keys or pins if the connection is subject to torque or tension.

(Title 24, Part 7, Section 7-3093.30)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.31. Friction Gearing, Clutch Mechanism, or Couplings.

Note • History

Friction gearing, clutch mechanisms, or couplings shall not be used for connecting the drum or sheaves to the main drive gear.

(Title 24, Part 7, Section 7-3093.31)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.32. Use of Cast Iron in Gears.

Note • History

Worm gearing having cast iron teeth shall not be used.

(Title 24, Part 7, Section 7-3093.32)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.33. Driving-Machine Roller Chains and Sprockets.

Note • History

Driving-machine chains and sprockets shall be of steel and shall conform to the design and dimensions specified in ASME B29.1M-1993, Precision Power Transmission Roller Chains, Attachments, and Sprockets, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3093.33)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.34. Driving-Machine Brakes.

Note • History

Driving-machines shall be equipped with electrically released, mechanically applied brakes conforming to the requirements of subsection 3038(h). The operation of the brake shall conform to the requirements of subsection 3040(e).

Exception to Section 3093.34: Hydraulic driving machines.

(Title 24, Part 7, Section 7-3093.34)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.35. Terminal Stopping Devices.

Note • History

(a) Upper and lower normal terminal stopping devices, operated by the car, shall be provided and shall be set to stop the car at, or near, the upper and lower terminal landings. The switches shall be opened as required by Section 3039(a).

(b) Upper and lower final terminal stopping devices shall be provided, operated by the car, to remove power from the motor and the brake. They shall be set to stop the car after it travels past the normal terminal stopping device and before an obstruction is struck. The switches shall be opened as required by Section 3039(b).

Exception to subsection 3093.35(b): A slack-rope switch conforming to the requirements of subsection 3040(b)(1) may be used as the lower final terminal stopping device.

(c) If the driving machine is of the winding drum or sprocket and chain suspension type, a final terminal stopping device operated by the driving machine shall also be provided.

(Title 24, Part 7, Section 7-3093.35)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of subsections (a) and (b), repealer of subsection (d), and amendment of Note filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

3. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.36. Operation of the Stopping Devices.

Note • History

(a) The final terminal stopping device shall act to prevent movement of the car in both directions of travel. The normal and final terminal stopping devices shall not control the same switches on the controller unless two or more separate and independent switches are provided, two of which shall be closed to complete the motor and brake circuit in each direction of travel.

(b) The switches required in subsection 3093.36(a) shall be positively opened mechanically as required by 3039(a).

(Title 24, Part 7, Section 7-3093.36)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.37. Type of Operation.

Note • History

(a) The operation of the car shall be by continuous pressure means or by single automatic means.

(b) Special access elevators may be locked for security reasons, except during business hours.

(Title 24, Part 7, Section 7-3093.37)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.38. Control and Operating Circuit Requirements.

Note • History

(a) Control systems that depend on the completion of an electric circuit shall not be used for:

(1) interruption of power and the application of the brake at the terminals;

(2) stopping the car when the emergency stop switch in the car is opened, or when any of the electrical protective devices operate;

(3) stopping the machine when the safety applies.

(b) If springs are used to actuate switches, contactors or relays, or to break the circuit to stop a car or carriage at a terminal, they shall be of the restrained compression type.

(c) The failure of any single magnetically operated switch, relay or contactor to release in its intended manner, or the occurrence of a single accidental ground, shall not permit the car to start if any hoistway door, car door, or gate is not in the closed position.

(d) If an instantaneous reversible motor is not used, a protective device or circuit shall be provided to prevent the motor from continuing in the same direction if the reversing control is actuated.

(Title 24, Part 7, Section 7-3093.38)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Editorial correction of subsection (d) (Register 95, No. 34).

3. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.39. Key-Operated Switches.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Repealer filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.40. Electric Equipment and Wiring.

Note • History

All electrical equipment and wiring shall conform to the requirements of subsection 3012(a).

(Title 24, Part 7, Section 7-3093.40)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.41. Power Supply-Line Disconnecting Means.

Note • History

Power supply-line disconnecting means conforming to the requirement of CCR, Title 24, Part 3, Article 620, shall be provided.

(Title 24, Part 7, Section 7-3093.41)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

3. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.42. Phase Reversal and Failure Protection.

Note • History

Phase reversal and failure protection shall conform to Section 3040(c)(2).

(Title 24, Part 7, Section 7-3093.42)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

3. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.43. Emergency Stop Switch.

Note • History

An emergency stop switch, conforming to the requirements of subsection 3040(b)(5), shall be provided in every car.

(Title 24, Part 7, Section 7-3093.43)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.44. Slack-Rope and Slack-Chain Devices.

Note • History

(a) Winding drum machines with rope suspension shall be provided with a slack-rope device of the manually reset type that will remove power from the motor and brake if the car is obstructed in its descent and the hoisting ropes slacken.

(b) Elevators with roller chain suspension shall be provided with a slack chain device which will remove power from the motor and the brake if the car is obstructed in its descent and the suspension means slacken. This device need not be of the manually reset type if the chain sprockets are guarded to prevent the chain from becoming disengaged from the sprockets.

(c) Roped and chain hydraulic elevators shall be provided with a slack device which will remove power from the motor and the brake if the car is obstructed in its descent and the suspension means slacken.

(Title 24, Part 7, Section 7-3093.44)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and new subsection (c) filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.45. Emergency Devices.

Note • History

(a) A telephone, which is connected to a central telephone exchange, shall be installed in the car and an emergency signalling device, operable from inside the car and audible outside the hoistway, shall be provided.

(b) All machines shall be provided with a means to lower the car in case of power failure. The device shall be painted bright red or orange and shall have suitable instructions for use and warnings about use affixed to the operating means.

(Title 24, Part 7, Section 7-3093.45)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.46. Capacity.

Note • History

(a) The rated load for existing special access elevators shall not exceed 700 lb. (318 kg) and the maximum clear inside net platform area shall not exceed 12 ft.2 (1.1 m2). The minimum rated load shall be not less than that based on 40 lb./ft.2 (1.91 kPa) of clear inside net platform area or 350 lb. (159 kg), whichever is greater.

(b) The load capacity for special access elevators installed after Sept. 28, 2001 shall be not less than 750 lb., and have a minimum of 32 in. x 54 in. clear inside platform dimensions.

(1) Special access elevators without a front and rear opening that facilitates a straight through ingress/egress shall have a load capacity of not less than 750 lb., and a maximum 18 sq. ft. clear inside net platform area. The clear inside platform width dimensions may range from 42 inches minimum to 48 inches maximum on one side by 60 inches maximum to 54 inches minimum length on the other side.

(A) When the platform minimum width of 42 inches is increased, the platform maximum 60 inch length shall be decreased by the number of inches that the width has been increased (see table below).

Table 3093.46(b)

Varying Platform Size

Width x Length

42” x 60”

43” x 59”

44” x 58”

45” x 57”

46” x 56”

47” x 55”

48” x 54”

(2) The platform/car shall be equipped with handrail(s) complying with Title 24, Section 7-3003. The clear inside net platform area shall be calculated by multiplying the platform width by the platform length without consideration of the space occupied by the handrails.

(3) The opening and closing of car doors shall not encroach on the car platform inside clear space.

(Title 24, Part 7, Section 7-3093.46)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.47. Speed.

Note • History

The rated speed shall not exceed 40 fpm (0.20 m/s).

(Title 24, Part 7, Section 7-3093.47)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.48. Rise.

Note • History

The rise shall not exceed 50 ft. (12.19 m).

(Title 24, Part 7, Section 7-3093.48)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.49. Capacity Plate.

Note • History

A capacity plate indicating the rated load of the elevator in pounds shall be fastened in a conspicuous place inside the car. The letters and figures on such plates shall be not less than 1/4 in. (6.3 mm) in height.

(Title 24, Part 7, Section 7-3093.49)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.50. Data Plates.

Note • History

A data plate indicating the weight of the elevator, the rated speed, the suspension means, the manufacturer's name, and the date of installation shall be installed in a conspicuous place in the machinery area. The letters and figures on such plates shall be not less than 1/4 in. (6.3 mm) in height.

(Title 24, Part 7, Section 7-3093.50)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Editorial correction of third line (Register 95, No. 34).

3. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.51. Suspension Means.

Note • History

Suspension means shall be not less than two wire ropes or two steel roller-type chains.

(Title 24, Part 7, Section 7-3093.51)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

§3093.52. Suspension Ropes.

Note • History

(a) On elevators having a rated load of 450 lb. (204 kg) or less and operating at a rated speed of 30 fpm (0.15 m/s) or less, suspension ropes shall be not less than 1/4 in. (6.3 mm) in diameter.

(b) On elevators having a rated load of more than 450 lb. and less than 750 lb. and operating at a rated speed of 30 fpm or less, suspension ropes shall be not less than 3/8 in. in diameter.

(c) Where the rated load is more than 750 lb. or the rated speed exceeds 30 fpm, each suspension rope shall have a safety factor of not less than 7.5.

(Title 24, Part 7, Section 7-3093.52)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.53. Factor of Safety Suspension Means.

Note • History

The factor of safety of the suspension means shall be not less than 7 based on the manufacturer's rated breaking strength. When the car and counterweight are suspended by steel ropes and the driving means is an endless steel roller type chain, the factor of safety of such a chain, with the rated load in the car, shall be not less than 8 based on the ultimate tensile strength.

(Title 24, Part 7, Section 7-3093.53)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.54. Arc of Contact of Suspension Means on Sheaves and Sprockets.

Note • History

The arc of contact of a wire rope on a traction sheave shall be sufficient to produce traction under all load conditions up to the rated load. The arc of contact of a chain with a driving sprocket shall not be less than 140 degrees.

(Title 24, Part 7, Section 7-3093.54)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.55. Idle Turns of Ropes on Winding Drums.

Note • History

The idle turns of ropes on winding drums shall conform to the requirements of subsection 3042(h)(2).

(Title 24, Part 7, Section 7-3093.55)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.56. Securing of Wire Suspension Ropes to Winding Drums.

Note • History

The securing of wire suspension ropes to winding drums shall conform to the requirements of subsection 3042(h)(1).

(Title 24, Part 7, Section 7-3093.56)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.57. Splicing, Replacement, and Reshackling of Suspension Ropes.

Note • History

Splicing is prohibited; replacement and reshackling of suspension ropes shall conform to the requirements of subsection 3042(i).

(Title 24, Part 7, Section 7-3093.57)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.58. Fastening of Wire Ropes Suspension Means to the Car or to the Counterweights.

Note • History

The fastening of a wire rope suspension means to a car or to a counterweight shall conform to the requirements of subsection 3042(j), or by properly attached fittings as recommended by wire rope manufacturers.

(Title 24, Part 7, Section 7-3093.58)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment of section heading filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.59. Replacement of Chains and Sprockets.

Note • History

If chains are used as a suspension means and a worn chain is replaced, all chains must be replaced and all sprockets must be replaced.

(Title 24, Part 7, Section 7-3093.59)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-22-86; effective thirtieth day thereafter (Register 86, No. 36).

2. Amendment filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3093.60. Maintenance for Special Access Elevators.

Note • History

(a) The owner shall develop, implement, and maintain a written maintenance program in accordance with the manufacturer's recommendations.

(b) The written maintenance program shall be available to the Division during inspection for issuance of the permit to operate.

(c) Maintenance shall be performed by person(s) deemed qualified by the State of California Contractors State License Board.

(Title 24, Part 7, Section 7-3093.60)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code..

HISTORY

1. New section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

§3094. Vertical and Inclined Platform (Wheelchair) Lifts and Inclined Stairway Chairlifts.

Note • History

(a) Scope: Sections 3094 through 3094.6 pertain to special access lifts such as vertical platform (wheelchair) lifts, inclined platform (wheelchair) lifts, and inclined stairway chairlifts, intended for the exclusive use of persons with disabilities. These sections shall apply to:

(1) Vertical and inclined platform (wheelchair) lifts and inclined stairway chairlifts installed after May 9, 1998.

(2) Existing vertical and inclined platform (wheelchair) lifts and inclined stairway chairlifts installed pursuant to a permanent variance decision issued by the Occupational Safety and Health Standards Board, where ownership has changed, or when the lift has been moved to a new location after May 9, 1998.

(3) Existing vertical and inclined platform (wheelchair) lifts and inclined stairway chairlifts with a rise of five feet or less which have been altered, moved to a new location, or the key operation has been removed.

(4) Existing vertical and inclined platform (wheelchair) lifts and inclined stairway chairlifts with a rise greater than five feet, which have never been issued a Permit to Operate by the Division.

(b) In the event of any difference between the provisions of sections 3094 through 3094.6 and ASME A17.1-1993 or between these orders and the provisions of any other referenced codes, documents or standards, sections 3094 through 3094.6 shall govern.

(c) If a section of ASME A17.1-1993 indicates a cross-reference to another section in ASME A17.1-1993, such cross-referencing shall be interpreted to mean that which is shown in ASME A17.1-1993. If the requirement(s) specified in the referenced section of ASME A17.1-1993 differ from the requirement(s) specified in sections 3094 through 3094.6 or any other applicable part of the California Code of Regulations, then the requirement(s) specified in sections 3094 through 3094.6 or any other applicable part of the California Code of Regulations shall apply.

(d) If any section of sections 3094 through 3094.6 indicates a cross-reference to another section in ASME A17.1- 1993, such cross-referencing shall be interpreted to mean that which is shown in ASME A17.1-1993. If the requirement(s) specified in sections 3094 through 3094.6 differ from the requirement(s) specified in the referenced section of ASME A17.1-1993, then the requirement(s) specified in sections 3094 through 3094.6 or any other applicable part of the California Code of Regulations shall apply.

(Title 24, Part 7, Section 7-3094)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

§3094.1. Unaltered Existing Lifts.

Note • History

(a) Existing vertical and inclined platform (wheelchair) lifts and inclined stairway chairlifts with a rise of five feet or less, installed prior to May 9, 1998, shall be allowed to continue to operate in accordance with the design requirements to which they were originally installed.

(b) Existing vertical and inclined platform (wheelchair) lifts and inclined stairway chairlifts installed pursuant to a permanent variance decision issued by the Occupational Safety and Health Standards Board shall be allowed to continue to operate in accordance with the adopted permanent variance decision.

(Title 24, Part 7, Section 7-3094.1)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

§3094.2. Vertical Platform (Wheelchair) Lifts.

Note • History

(a) For purposes of this section, the provisions of ASME A17.1-1993, Section 2000, Vertical Wheelchair Lifts, except Rule 2000.10a and Rule 2000.10i(2), are hereby incorporated by reference.

(b) Vertical platform (wheelchair) lifts shall comply with ASME A17.1-1993, Section 2000, Vertical Wheelchair Lifts, except Rule 2000.10a and Rule 2000.10i(2).

(c) Vertical platform (wheelchair) lifts with a rise of five feet or less may be installed without a runway enclosure if the landings and platform comply with ASME A17.1-1993, Section 2000, Vertical Wheelchair Lifts, Rule 2000.1c, except Rule 2000.1c(1), and the following:

(1) The device as required in ASME A17.1-1993, Section 2000, Rule 2000.1c(6), shall stop the downward motion of the platform within a maximum travel distance of 1 inch when activated. The platform shall not move more than the available movement of the device.

(2) The switches as required in ASME A17.1-1993, Section 2000, Rule 2000.1c(6), shall be positively opened by the device.

(3) The operating controls at the lower landing shall be located at least 24 inches from any moving parts of the platform and runway, but within line of sight of the platform.

(4) The pit depth shall be no more than 4 inches.

(5) A contrasting stripe shall outline the pit area.

(d) A separate means for disconnecting power to the lift shall be provided in the runway, accessible from the bottom runway landing, and used when accessing the pit or the underside of the platform.

(e) When the bottom runway door is equipped with an electric strike lock, a battery backup shall be provided to electrically unlock the door for emergency evacuation in case of power failure.

(f) Fully enclosed runways, when installed, shall be illuminated to provide not less than five foot-candles of illumination inside the platform at all times.

(g) Vertical platform (wheelchair) lifts shall have a manual lowering device. The lowering device is for use by others to lower the lift to the lower landing should the lift downward motion become impaired. The lowering device shall comply with the following:

(1) The device shall be secured against unauthorized use.

(2) The device shall be operable or accessible from outside the enclosure.

(3) When necessary to access the runway to operate the device, an opening in the runway with a lockable cover/panel shall be provided. The opening and cover/panel shall comply with the following:

(A) The opening shall be of sufficient size and located to allow safe access and reach to the lowering device; and

(B) The cover/panel shall be kept locked and the key shall be available on the premises during normal business hours under the control of an authorized person.

(h) Vertical platform (wheelchair) lifts shall be for use by persons with disabilities and shall not be used to transport materials.

(1) The lift capacity shall not be exceeded by materials belonging to the person with disabilities, children who are the responsibility of the person with disabilities, or the attendants accompanying the person with disabilities.

(i) Durable signs with lettering on a contrasting background shall be permanently and conspicuously posted at the landing indicating the following:

(1) The international symbol of accessibility;

(2) The lift shall not be used to transport materials or equipment;

(3) The lift capacity; and

(4) The telephone number to call in case of emergency.

(j) Runway doors over 4 feet in height and constructed of non-transparent material cover may be equipped with a vision panel. If the vision panel is provided, the vision panel shall:

(1) Cover an area of not less than 25 square inches;

(2) Be able to reject a six inch ball; and

(3) Be centrally located on the door where the center of the panel is not more than 42 inches above the landing floor level.

(k) Where runway and runway doors of transparent construction are provided, detailed drawings of the materials and fastenings shall be submitted to the Division for review prior to installation. The Division shall review the drawings for structural integrity between the door, framing members, and fastenings in accordance with generally accepted installation practices.

(l) Transparent materials used for enclosures, doors, or vision panels shall be labeled as complying with ANSI Z97.1-1984.

(m) All runway doors shall be mounted flush with the inside of the hoist way.

(n) On vertical platform (wheelchair) lifts where a runway enclosure is installed, and the enclosure complies with ASME A17.1-1993, Section 2000, Vertical Wheelchair Lifts, Rule 2000.1a, Runway Enclosure Provided, an intermediate landing, if provided, shall comply with the following provisions:

(1) The access to the platform at the intermediate landing complies with ASME A17.1-1993, Section 2000, Rule 2000.1a(3), and the lift complies with ASME A17.1-1993, Section 2000, Rules 2000.1a(4), (5), (6), and (7).

(2) The intermediate landing door shall be arranged so that it cannot be opened from outside the hoistway when the lift is in operation.

(o) Operating devices and controls shall comply with the following:

(1) All passenger operating devices and controls shall be of the continuous pressure type.

(2) Operating devices shall be designed so the “up” and “down” circuits cannot be operated at the same time.

(p) Vertical platform (wheelchair) lifts which require the wheelchair or conveyance to be rotated 90 degrees for egress shall comply with the following:

(1) The clear inside unobstructed platform dimensions may range from 42 inches to 48 inches on one side by 54 inches to 60 inches on the other side.

(2) Whenever the platform minimum width of 42 inches is increased, the platform maximum 60 inch length shall be decreased by the number of inches the width has been increased (see the Table in section 3093.46(b)).

(3) When the length of the platform is reduced, the platform width shall be increased by the same amount the length has been decreased.

(4) The side entry of the platform door on the long side shall be hinged at the end nearest to the platform door on the short side unless the door is power operated.

(q) Vertical platform (wheelchair) lifts which comply with ASME A17.1-1993, Section 2000, Vertical Wheelchair Lifts, Rule 2000.1a, Runway Enclosure Provided, may penetrate a floor if approved by local building authorities and fire authorities.

(r) The vertical platform (wheelchair) lift may be locked for security reasons but shall remain unlocked during normal business hours.

Note: Installation of all vertical platform (wheelchair) lifts are subject to local building codes, fire regulations, and contractors licensure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943, Health and Safety Code.

HISTORY

1. New section filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

2. Amendment of subsections (p)(1)-(2) and (r) filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3094.3. Inclined Platform (Wheelchair) Lifts.

Note • History

(a) For purposes of this section, the provisions of ASME A17.1-1993, Section 2001, Inclined Wheelchair Lifts, except Rule 2001.10a and Rule 2001.10g(2), are hereby incorporated by reference.

(b) Inclined platform (wheelchair) lifts shall comply with ASME A17.1-1993, Section 2001, Inclined Wheelchair Lifts, except Rule 2001.10a and Rule 2001.10g(2).

(c) As an alternative to 42 inch side guards as required in ASME A17.1-1993, Section 2001, Inclined Wheelchair Lifts, Rule 2001.6c(1), the following shall be provided:

(1) Powered operated safety arms, which guard the open sides of the lift, that must be lowered before the lift operates; and

(2) Guarding which complies with ASME A17.1-1993, Section 2001, Rule 2001.6c(2).

(d) Inclined platform (wheelchair) lifts shall comply with sections 3094.2(h), 3094.2(i), 3094.2(m), 3094.2(o), and 3094.2(r).

(e) A folding seat and seat belt shall be provided to accommodate a person not in a wheelchair.

(f) Durable signs with lettering on a contrasting background shall be permanently and conspicuously posted at each landing indicating that passengers not in a wheelchair shall use the seat and seat belt, and passengers in a wheelchair shall secure the wheels of the wheelchair.

(g) Inclined platform (wheelchair) lifts installed on stairways where vision of any part of the stairway is obstructed shall be provided with an audio and visual warning device, located at the obstructed portion of the stairway, to alert persons using the stairway that the lift is in operation.

(h) A fold-type platform, if provided, shall comply with the following:

(1) Capable of being power operated from all landings;

(2) Platform guarding shall comply with section 3094.3(c);

(3) Instructions on the operations of the lift shall be permanently and conspicuously posted near the operating controls;

(4) A device which complies with ASME A17.1-1993, Section 2001, Inclined Wheelchair Lifts, Rule 2001.6e, Obstruction Devices, shall be provided; and

(5) An inclined platform (wheelchair) lift will not operate by using the landing controls unless the lift is in the fold up position.

(i) The fold-type platform, if provided, shall be parked in the fold up position and clear of the stairway when the lift is not in use. A sign as required in section 3094.2(i) shall be conspicuously posted at the landings.

(j) Intermediate stops, if provided, shall comply with the following:

(1) A level and clear floor area or landing at each floor or level served by special access lifts shall be provided.

(2) The level and clear floor areas or landings shall be part of the path of travel. Path of travel is a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that provides free and unobstructed access to and egress from a particular area or location for pedestrians and/or wheelchair users.

(3) Access and egress to the platform shall be permitted only in the loading and unloading areas.

(4) In new construction, the minimum size of landings shall be 60 inches by 60 inches. Other dimensions may be substituted where it can be demonstrated that a person using a wheelchair measuring 30 inches by 48 inches can enter and operate the lift safely.

(k) Ninety degree turns when entering and exiting on inclined platform (wheelchair) lifts shall be allowed only at the lower landing when two adjacent retractable ramps on the platform are used.

Note: The installation of all inclined platform (wheelchair) lifts are subject to local building codes, fire regulations, and contractors licensure.

(Title 24, Part 7, Section 7-3094.3)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

§3094.4. Inclined Stairway Chairlifts.

Note • History

(a) Inclined stairway chairlifts shall comply with ASME A17.1-1993, Section 2002, Inclined Stairway Chairlifts, which is hereby incorporated by reference, except Rule 2002.10a and Rule 2002.10c(2).

Note: The installation of all inclined stairway chairlifts are subject to local building codes, fire regulations, and contractors licensure.

(Title 24, Part 7, Section 7-3094.4)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

§3094.5. Maintenance of Special Access Lifts.

Note • History

(a) The owner shall develop, implement, and maintain a written maintenance program for special access lifts in accordance with the manufacturer's recommendations. The maintenance shall be performed by a qualified person and the maintenance program shall include the following:

(1) A routine maintenance to be performed not less than once every six months; and

(2) A procedure for checking the operation of the lift to be conducted not less than weekly.

(b) A log shall be established and maintained indicating the following:

(1) Completion date of all maintenance or repair;

(2) Name of person doing the maintenance or repair;

(3) Nature of the maintenance or repair;

(4) Record of all malfunctions;

(5) Record of all accidents occurring on the lift regardless of the nature of the injury;

(6) A record of the time when the operational check as required in section 3094.5(a)(2) was conducted, and name of the person conducting it; and

(7) Name and telephone number of person(s) to contact in case of an emergency.

(d) The owner shall keep at the premises where the special access lift is installed a complete set of manufacturer's maintenance and operational instructions including, but not limited to, the following:

(1) Wiring diagram;

(2) Structure diagram;

(3) Instructions for the operation of the manual lowering device (if provided); and

(4) Key(s) which is clearly labeled for the access panel.

(e) The special access lift shall be tested every five years for proper operation under rated load conditions, witnessed by the Division. The test shall include a check of the car or platform safety device, if applicable.

(Title 24, Part 7, Section 7-3094.5)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

§3094.6. Electrical Wiring Affecting Special Access Lifts.

Note • History

The installation of all electrical wiring shall conform to the applicable requirements of the California Code of Regulations, Title 24, Part 3, California Electrical Code.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 4-9-98; operative 5-9-98 (Register 98, No. 15).

Article 16. Hand Power Man Platforms

§3095. Hoistway Construction.

(a) Enclosures. Hoistways shall be substantially enclosed to a height of not less than 6 feet above all floors on the sides not used for entrances, and from floor to ceiling except for the necessary entrances on the sides opposite any car entrance.

(b) Counterweight Enclosure. The counterweight shall be enclosed for its entire travel, and no passageway shall be permitted under the counterweight.

(c) Protection of Entrances. All hoistway entrances shall be equipped with self-closing gates not less than 5 feet 6 inches high, constructed to conform to the requirements of Section 3020(c).

(1) The height of the clear hoistway entrance shall be not more than the height of the car.

(d) Top Clearance.

(1) The overhead clearance shall be not less than 18 inches, except platforms installed before June 5, 1947.

(2) The counterweight shall be arranged to land at the bottom of the counterweight run before the car is within 12 inches of the overhead. The car shall be arranged to land on its bumpers or floor before the counterweight is within 12 inches of the overhead.

(e) Hoistway Clearance. The horizontal car and counterweight clearances shall comply with Section 3018 except the requirements of Section 3018(g).

§3096. Machinery and Equipment.

History

(a) Car Construction

(1) Car frames and platforms shall comply with the requirements of Section 3077(a)(4).

(2) The sides of the car shall be enclosed to a height of not less than 6 feet except for the necessary entrances.

(3) The car shall be provided with a car top.

(4) The platform area shall not exceed 4 1/3 square feet.

(b) Car Safety Devices. A safety device actuated by the breaking or slackening of the car-to-counterweight cable shall be provided. This device may be located in the crosshead. The safety device shall be capable of stopping and sustaining the car with rated load and shall be satisfactorily drop tested on each installation. A functional test shall be performed at the time of the annual inspection. This test shall be witnessed by a representative of the division.

(c) Brake. Each car shall be equipped with a brake which shall be arranged to apply automatically and must be held in the open position manually. The brake shall be capable of stopping and sustaining the descending car with rated load, or of holding the empty car from ascending.

(d) Sheaves. Sheaves shall comply with the applicable requirements of Section 3038.

(e) Hoist Cables. The car-to-counterweight cable shall be of steel not less than 3/8 inch diameter, 6 x 19 construction. The factor of safety of this cable and its attachments shall be not less than 10 based on static loading.

(f) Capacity and Loading.

(1) The rated load shall not exceed 300 pounds or one person.

(2) The total load of the car and rated load shall not exceed 500 pounds.

HISTORY

1. Amendment of subsection (a)(1), filed 6-23-77; effective thirtieth day (Register 77, No. 26).

Article 17. Manlifts

§3097. Construction Requirements for Manlifts Arranged for Front Loading.

Note • History

(a) Enclosures. The manlift shall be located in an enclosure protected by a self-closing, self-locking door or gate at each landing located in the same relative position except where building layout prevents identical location. Corners of gates shall be rounded.

Exception: The enclosure may be omitted at landings accessible only to plant personnel trained to use the manlift in the performance of their duties within the plant when guards described in 3097(e)(1)(A) and (B) are provided.

(1) The enclosure shall be not less than 6 feet high and of substantial material that will, if of openwork, reject a 2-inch ball.

(2) Keys to allow access to the manlift shall be issued to authorized personnel only.

(3) Doors or gates shall be arranged to be opened from the manlift side without use of a key.

(4) Doors or gates shall be located in the enclosure so that they are not in line with the floor openings for the manlift.

(5) Visitor Warning Requirements. A conspicuous sign having the following legend:

AUTHORIZED PERSONNEL ONLY

shall be displayed at each landing. Sign shall be of block letters not less than 2 inches in height and shall be of a color offering high contrast with the background color.

(b) Floor Openings. All floor openings through which the steps of a manlift pass shall be uniform in size, located vertically in line, and shall conform to the following:

(1) The clearance between the floor opening and side of the step, measured parallel with the plane of the belt, shall be not less than 7 inches nor more than 9 inches.

(2) The clearance between the front edge of the step and the edge of the floor opening, measured at the center line of the step, shall be not less than 14 inches nor more than 15 inches.

(3) The radius of curvature at the corners of the floor openings shall be approximately 15 inches.

(1) The clearance between the floor or mounting platform and the lower edge of the conical guard above it required by Section 3097(d) shall be not less than 7 feet 6 inches. Where this clearance cannot be obtained, no access to the manlift shall be provided and the manlift runway shall be enclosed when it passes through such floor.

(2) The landing area and access route to the manlift shall be kept clear at all times.

(3) The landing surfaces at the entrances and exits to the manlift shall be so constructed and maintained as to provide safe footing at all times. (Coefficient of friction of not less than 0.5.)

(4) Emergency landings shall be provided as follows:

(A) Where there is a travel of 50 feet or more between floor landings, one or more emergency landings shall be provided so that there will be a landing (either floor or emergency) for every 25 feet or less of manlift travel.

(B) Such emergency landings shall be accessible from both runs of the manlift and shall be constructed to meet the requirements of the floor landings.

(C) Emergency landings shall be completely enclosed with a standard railing and toeboard and shall give access to the ladder required in Section 3097(i).

(d) Floor Opening Guards.

(1) On the ascending side of the manlift, all landings shall be provided with a bevel guard or cone meeting the following requirements:

(A) The cone shall make an angle of not less than 60 degrees with the horizontal. An angle of less than 60 degrees but not less than 45 degrees may be used where ceiling heights do not allow the clearance required by Section 3097(c).

(B) For Manlifts installed prior to 1988, the guard shall extend not less than 36 in.(0.914m) outward from the face of the belt, measured at the center line of the belt. For Manlifts installed after Jan. 1, 1988, the guard shall extend not less than 42 in.(1.57m) outward from the face of the belt, measured at the center line of the belt.

(C) The cone shall be made of not less than No. 18 M.S. gage steel or material of equivalent strength or stiffness. The lower edge shall be rolled to a minimum diameter of 1/2 inch and the interior shall be smooth with no rivets, bolts, or screws protruding.

(2) In lieu of the fixed guards specified in Section 3097(d)(1), floating type safety cones may be used. Such floating cones are to be mounted on hinges at least 6 inches below the underside of the floor and so constructed as to actuate a limit switch should a force of 2 pounds be applied on the edge of the cone closest to the hinge. The depth of this floating cone need not exceed 12 inches.

(e) Protection of Entrances and Exits to Steps.

(1) The entrance and exit to the manlift shall be arranged so the landing area extends not less than 2 feet nor more than 3 feet from the edge of the floor opening to the runway enclosure, measured perpendicular to the plane of the manlift belt. Where the enclosure is more than 3 feet from the edge of the floor opening, or where the enclosure is not required by Section 3097(a), the following additional guards shall be required:

(A) A standard guardrail located so the landing area extends not less than 2 feet nor more than 3 feet from the edge of the floor opening to the guardrail, measured perpendicular to the plane of the belt and

(B) Standard guardrails parallel to the side guards required by Section 3097(f) and forming, with the side guards, a maze type entrance to the landing area of the manlift.

(2) Additional guardrails or partitions shall be required whenever arrangements are such that the loading and unloading can be done from the side of the manlift step or when access to the landing area or floor opening is direct rather than by a definite guided indirect route.

(3) The combination of side guards, enclosures, and guardrails shall be arranged to minimize the hazard of debris or materials falling down the runway for the mainlift.

(f) Side Guards for Openings.

(1) In order to preclude side loading, the floor opening at each landing shall be guarded on the open sides by panels of not less than No. 13 M.S. gage flattened expanded metal to reject a 1-inch ball in a frame of angle iron or pipe.

(2) The side guard shall be not less than 6 feet high and of a length so that the end posts are located at least to the ends of the manlift step but not more than 4 inches beyond the step.

(3) The side guards shall be located not more than 4 inches from the sides of the floor openings.

(4) Both ends of the side guards shall be equipped with a handle projecting approximately 4 inches from the end post in the direction away from the plane of the belt. The handle shall have closed ends rounded to the end post of the side guard and shall extend from approximately 3 feet to 5 1/2 feet above the floor.

(5) The top ends of the side guards shall be rounded where the top and end posts meet.

(g) Bottom Arrangement.

(1) At the bottom landing the clear area shall be not smaller than the area enclosed on the floors above, and any wall in front of the down-running side of the belt shall be not less than 48 inches from the face of the belt. This space shall not be encroached upon by stairs or ladders.

(2) The side guards and handholds shall be installed at approximately the same location as on the floors above.

(3) The lower (boot) pulley shall be installed so that it is supported by the lowest landing served. Pits are not permitted.

(4) A mounting platform or floor shall be provided in front of the up-run at the lowest landing, at or above the point at which the upper surface of the ascending step assumes a horizontal position.

(A) The clearance between the edge of the floor or mounting platform and the ascending step shall be approximately the same as the clearance between the floor opening and the step at the floors above.

(B) The top surface of the mounting platform shall extend the entire distance between side guards and shall be not less than 14 inches deep.

(h) Top Arrangement.

(1) Top Arrangements-Clearance from Floor. A top clearance shall be provided at least 11 feet above the top terminal landing. This clearance shall be maintained from a plane through each face of the belt to a vertical cylindrical plane having a diameter 2 feet greater than the diameter of the floor opening, extending upward from the top floor to the ceiling on the up-running side of the belt. NO encroachment of structural or machine supporting members within this space shall be permitted.

(2) The top pulley shall be located so:

(A) There shall be a clearance of at least 5 feet between the center of the head pulley shaft and any ceiling obstruction.

(B) The center of the head pulley shaft shall be not less than 6 feet nor more than 9 feet above the top terminal landing.

(3) On the up-running side of the manlift, an emergency ladder shall be provided adjacent to one of the side guards. The top rung of the ladder shall be located approximately 6 feet above the floor and side rails of the ladder shall extend not less than 3 1/2 feet above the top rung. The supporting member of the side guard may be used as one of the side rails of the ladder.

(4) On the up-running side of the manlift, rails shall be provided extending from the top of each side guard on a radius to a point approximately 3 feet above the center line of the head pulley. These rails may be extensions of the supporting members of the side guards and may be carried over in a semicircle.

(i) Emergency Exit Ladders.

(1) A fixed metal ladder accessible from both the “up” and “down” run of the manlift shall be provided where the vertical distance between landings exceeds 20 feet.

Exception: Manlifts installed before June 5, 1947.

(2) Such ladder shall be in accordance with the regulations of Section 3277, Article 4, of Title 8, CAC (General Industry Safety Orders) for ladders, except that enclosing cages shall not be provided.

(A) Manlift supporting members may be used as side rails if desired.

(j) Illumination.

(1) Both runs of the manlift shall be illuminated at all times when the lift is in operation. An intensity of not less than 1 foot-candle, measured at the belt, shall be provided for the entire runway and shall illuminate the warning signs required by Section 3099(i)(2).

(2) Lighting of manlift runways shall be by means of circuits permanently tied into the building circuits (no switches), or shall be arranged to be turned on by the starting switch controlling the manlift motor, or shall be controlled by switches at each landing. Where separate switches are provided at each landing, any switch shall turn on all lights necessary to illuminate the entire runway. Where the runway lighting is turned on by the starting switch controlling the manlift motor, the lighting for the floor landings shall be controlled by other means.

(3) Adequate lighting, not less than 5-foot candles, measured at the landing area, shall be provided at each floor landing.

(4) A light and convenience outlet shall be provided in each machine room or controller space.

(5) A red warning light of not less than 40-watt rating shall be provided immediately below the upper landing terminal and so located as to shine in the passenger's face.

(k) Electrical Wiring and Equipment.

(1) Wiring and electrical equipment for the manlift shall comply with the regulations of CCR, Title 24, Part 3, Article 620.

(2) The disconnect means shall be located adjacent to the motor controller and shall be arranged to be locked in the open position.

(3) Two motor starting switches are required, arranged so that if either switch should be mechanically held in the closed position the other switch shall break the circuit to the drive motor and automatic brake when any of the up limit stops or the stopping device are actuated.

(4) The motor controller shall be located within the top landing enclosure for the manlift.

(l) Access to and Work Space for Machinery.

(1) An adequate platform shall be provided for serving or repairing the drive machinery.

(A) All open sides of work platforms 30 inches or more above floor level shall be guarded by a standard rail and toeboard.

(b) Access to work platforms shall be by means of a permanent ladder or stairs.

(2) Moving equipment shall be guarded against accidental contact.

(m) Weather Protection. The entire manlift and its driving mechanism shall be protected from the weather at all times.

FIGURE 3097-A

Embedded Graphic 08.0328

FIGURE 3097-B

Embedded Graphic 08.0329

(Title 24, Part 7, Section 7-3097)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-30-74; effective thirtieth day thereafter (Register 74, No. 35).

2. Amendment of subsections (a) and (j)(3) filed 9-12-74; effective thirtieth day thereafter (Register 74, No. 37).

3. Amendment of subsection (b)(2) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

4. Amendment of subsection (d)(1)(B) and Figure 3097-B filed 6-12-87; operative 7-12-87 (Register 87, No. 26).

5. Amendment of subsection (k)(1) filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

6. Editorial corrections (Register 95, No. 34).

7. Change without regulatory effect amending subsection (m) to provide more legible illustrations in Figures 3097-A and 3097-B filed 5-1-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 18).

§3098. Construction Requirements for Manlifts Arranged for Side Loading.

Note • History

(a) Enclosures. The enclosures for the manlift shall comply with the requirements of Section 3097(a).

(b) Floor Openings. The floor openings through which the steps of a manlift pass shall be the same size as and form no ledges with the walls required by Section 3098(f) and shall have the edge of the opening on the loading side not more than 9 inches nor less than 7 inches from the edge of the up or down steps.

(d) Floor Opening Guards. On the ascending side of the manlift, all landings shall be provided with a bevel guard on the open side. The angle of bevel and construction of the guard shall comply with the requirements of Section 3097(d)(1).

(e) Protection of Entrances and Exits to Steps.

(1) The entrance and exit to the manlift shall be arranged so the landing area extends not less than 2 feet nor more than 3 feet from the edge of the floor opening to the enclosure measured parallel to the plane of the belt. Where the enclosure is more than 3 feet from the edge of the floor opening, or where the enclosure is not required by Section 3097(a), the following additional guards shall be required:

(A) A standard guardrail located so the landing area extends not less than 2 feet nor more than 3 feet from the edge of the floor opening measured parallel to the plane of the belt, and

(B) Standard guard rails or partitions arranged so that the access to the floor opening is by a definite guided indirect route.

(f) Special Runways for Side Loading.

(1) Runways shall be enclosed by smooth walls on 3 sides of the runway. The enclosure shall extend the entire height on one side, at right angles to the faces of the belt, located not more than 9 inches nor less than 7 inches from the edges of the up and down steps.

The enclosure shall extend from the bottom landing to the floor level at the top landing on the up side of the manlift and from the second landing to not less than 6 feet above the top floor on the down side. The enclosures on the up and down sides shall be located parallel to the face of the belt not more than 15 inches nor less than 14 inches from the nose of the steps and shall extend not less than the full width of the floor openings.

Embedded Graphic 08.0330

FIGURE 3098-A

(g) Bottom Arrangement. The bottom landing on the down side shall be arranged with a platform for side unloading similar to that at the upper floors and for front unloading on floor supporting the boot pulley. No wall or other obstruction shall be within 6 feet of the face of the down side belt at the bottom landing measured at right angles to the face of the belt. The ascending side shall be arranged with a platform for loading similar to that at upper floors and above the point at which the upper surface of the ascending step assumes a horizontal position.

(h) Top Arrangement.

(1) The top landing on the up side of the belt shall be arranged for front unloading in addition to the required side unloading. No wall or obstruction shall be within 3 feet of the edge of the up side floor opening at the top floor measured at right angles to the face of the belt.

(2) The top clearance and the location of the head pulley shall comply with the requirements of Sections 3097(h)(1) and 3097(h)(2).

(3) An emergency ladder shall be provided to allow any person traveling above the top floor to safely return to the top floor.

(4) Hand rails shall be provided over the head pulley to insure a safe hand hold for any person traveling above the top floor.

(i) Emergency Exit Ladders.Emergency exit ladders shall be provided where required by and shall comply with the requirements of Section 3097(i).

(j) Illumination.The lighting shall comply with the requirements of Section 3097(j).

(k) Electrical Wiring and Equipment. The electrical equipment shall comply with the requirements of Section 3097(k).

(l) Access to and Work Space for Machinery.The access and work space shall comply with the requirements of Section 3097(l).

(Title 24, Part 7, Section 7-3098)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (g) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

. 2.Amendment filed 6-12-87; operative 7-12-87 (Register 87, No. 26).

3. Editorial corrections (Register 95, No. 34).

4. Change without regulatory effect amending subsection (f)(1) to provide more legible illustrations in Figure 3098-A filed 5-1-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 18).

§3099. Mechanical Requirements and Operation.

Note • History

(a) Machines.

(1) Machines shall be of the direct connected type or shall be driven by multiple V-belts. Cast iron gears shall not be used.

(2) Drive (head) pulleys and idler (boot) pulleys shall have a diameter not less than given in Table 3099.

TABLE 3099

Belt Minimum Strength Minimum Pulley

Construction (Lb. Per Inch of Width) Diameter (inches)

5 Ply 1500 20

6 Ply 1800 20

7 Ply 2100 22

(The above values are based on 32 ounce duck; 300 pounds per linear inch per ply.)

(3) The machine shall be so designed and constructed as to catch and hold the driving pulley in event of shaft failure.

(4) All parts of the machine shall have a factor of safety of 6 based on a static load of 200 pounds on each horizontal step on the up and down runs.

(b) Brakes.

(1) An inherently self-engaging brake requiring power or force from an external source to cause disengagement that applies automatically when the circuit to the drive motor is opened shall be provided on every manlift.

(A) The brake shall be electrically released and shall be applied to the motor shaft for direct connected units.

(B) No belt or connecting means, other than a direct mechanical connection shall exist between the brake and the head pulley on belt driven units.

(2) A mechanically applied brake that will apply should the pulley speed exceed 125 percent of rated speed or should the direction of rotation of the head pulley be reversed shall be on every manlift.

(A) This brake shall be applied directly to the head pulley or to the head pulley shaft at the side opposite the driving means.

(B) The power to the drive motor shall be automatically disconnected at or before the time the brake sets and shall remain disconnected until the brake or disconnecting means is manually reset.

(3) Either brake required by Section 3099(b)(1) and Section 3099(b)(2) shall be capable of stopping and holding the manlift when the descending side is loaded with 250 pounds on each step.

(4) The automatic brake required by Section 3099(b)(1) shall be capable of stopping the manlift within not more than 12 inch travel after an up limit stop device has been actuated.

(1) The belt shall be of hard-woven canvas, rubber-coated canvas, leather, or other material meeting the strength requirements of Section 3099(c)(3) and having a coefficient of friction such that when used in conjunction with an adequate tension device it will meet the brake test specified in Section 3099(b)(3).

(2) The width of the belt shall be not less than:

Belt Width

Total Rise in Feet in Inches

Less than 100 12

100 to 150 14

More than 150 16

(3) The strength of the belt shall be not less than:

Strength in Pounds

Total Rise in Feet Per Inch Width

Less than 100 1500

100 to 200 1800

More than 200 2450

(4) Belts shall be fastened by a lapped splice or shall be butt-spliced with a strap on the side away from the pulley.

(A) For lapped splices, the overlap of the belt at the splice shall be not less than 3 feet where the total travel of the manlift does not exceed 100 feet, and not less than 4 feet if the travel exceeds 100 feet.

Where butt splices are used, the strap shall extend not less than 3 feet on each side of the butt for a travel not in excess of 100 feet, and 4 feet for a travel in excess of 100 feet.

(B) Splices shall be fastened with special elevator bolts arranged to cover the splice area effectively. These bolts shall have a minimum diameter of 1/4 inch and conform to the following:

Minimum Number of Bolts

Belt Width Lap Splice Butt Splice

12” 20 40

14” 23 46

16” 27 54

(5) A belt that has become torn while in use on a manlift shall not be spliced and put back in service.

(d) Speed.

(1) The rated speed of a manlift shall not exceed 80 feet per minute.

To take care of variations in voltage, etc., the actual noload running speed of the belt may exceed rated speed by not more than 10 percent.

(2) All manlifts in a given plant should run at approximately the same speed.

(e) Platforms or Steps.

(1) Steps or platforms shall be not less than 12 inches nor more than 14 inches deep, measured from the belt to the edge of the step or platform.

(2) The width of the step or platform shall be not less than 17 inches nor more than 21 inches.

(3) The distance between steps shall be equally spaced and not less than 16 feet measured from the upper surface of one step to the upper surface of the next step above it.

(4) The surface of the step shall be approximately level.

(5) Surface of the step shall be of a nonslip material.

(6) When subjected to a load of 400 pounds applied at the approximate center of the step, step frames or supports and their guides shall be of adequate strength to:

(A) Prevent the disengagement of any step roller.

(B) Prevent any appreciable misalignment.

(7) No step shall be provided unless there is a corresponding handhold above or below it meeting the requirements of Section 3099(f). If a step is removed for repairs or permanently, the handholds immediately above and below it shall be removed before the lift is again placed in service.

(f) Handholds.

(1) Handholds attached to the belt shall be provided and so installed that they are not less than 4 feet nor more than 4 feet 8 inches above the step tread. These shall be so located as to be available on both the “up” and “down” run of the belt.

(2) The grab surface of the handhold shall be not less than 4 1/2 inches in width, not less than 3 inches in depth and shall provide 2 inches of clearance from the belt. Fastenings for handholds shall not come within 1 inch of the edge of the belt.

(3) The handhold shall be capable of withstanding without damage a load of 300 pounds applied parallel to the run of the belt.

(4) No handhold shall be provided without a corresponding step. If a handhold is removed permanently or temporarily, the corresponding step and handhold for the opposite direction of travel shall also be removed before the lift is again placed in service.

(5) All handholds shall be of the closed type.

Exception:
1. Existing installations where the same handhold is used for both directions.
2. Existing installations where a belt flat arrangement is provided.

(g) Up Limit Stops.

(1) Two separate automatic stop device shall be provided to cut off the power and apply the brake when a loaded step passes the upper terminal landing.

(A) One of these devices shall consist of two switches each actuated by the deflection of a step roller due to a load on the step traveling above the top floor and arranged to stop the manlift should one or both of the switches be actuated. Each rail shall be provided with a switch located so that the device will function when the surface of the step is not more than 12 inches above the top landing.

(B) The second device shall be a switch actuated by a lever, rod, or plate located above the center line of the head pulley but projecting over the ascending steps so as to just clear a passing step. The lever, rod, or plate shall be not more than 10 1/2 feet above the top landing.

(2) After the manlift has been stopped by an up limit stop, it shall be necessary to reset the device manually.

(3) After resetting an up limit stop, it shall be necessary to start the manlift by a restart button so located at the top landing as to provide a clear view of both up limit stops.

(4) Existing manlifts shall be provided with an automatic limit stop which will shut off the power and stop the belt if any passenger rides a step more than 12 inches above the upper landing.

(h) Starting and Stopping Device.

(1) A manually operated starting and stopping device shall be provided.

(2) This device shall be within easy reach of the ascending and descending runs of the belt.

(3) The starting and stopping means shall be so connected with the control lever or operating mechanism that it will cut off the power and apply the brake when pulled in the direction of travel.

(4) This stop shall consist of a cotton rope with a wire center, manila or sisal rope, marlin covered wire rope, or synthetic fiber, not less than 3/8 inch in diameter.

(5) Where a spring is used to maintain rope tension, the rope connection shall be made in such a manner that failure of the spring will not disconnect the operating rope.

(i) Instruction and Warning Signs.

(1) Signs of conspicuous and easily read style, giving instructions for the use of the manlift, shall be posted at each landing or stenciled on the belt.

(A) Such signs shall be of letters not less than 1 inch in height and of a color having high contrast with the surface on which it is stenciled or painted (white or yellow on black or black on white or gray).

(B) The instructions shall read approximately as follows:

“Face the Belt.”

“Use the Handhold.”

“To Stop--Pull Rope in Direction of Travel.”

(2) At the top floor, illuminated signs shall be displayed bearing the following wording:

“Top Floor--Get Off.”

(A) Signs shall be in block letters not less than 2 inches in height.

(B) A sign shall be located on the inside of each side guard on front loading manlifts and not more than 2 feet above the floor at the top landing.

(C) A sign shall be located just before reaching the top landing of side loading manlifts, readily visible when facing the side used for unloading.

(3) At the approach to the bottom floor, an illuminated sign shall be displayed bearing the following wording:

“Bottom Floor--Get Off.”

(4) On existing installations, illuminated warning signs shall be displayed at points before reaching the top and bottom landings.

(j) Carrying of Materials and Tools.

(1) No freight or packaged goods shall be carried on any manlift.

(2) No pipe, lumber, or other construction material shall be handled on any manlift.

(3) No tools except those which will fit entirely within a pocket in usual working clothes shall be carried on any manlift except that tools may be carried inside a canvas bag having dimensions not larger than 11 inches by 13 inches and provided with carrying loops or handles. Such bag shall be provided with a leather bottom. Such bag shall not be provided with shoulder straps but shall be carried in the passenger's hand while he is riding the manlift.

(k) Periodic Inspections.

(1) Periodic Inspection Frequency. All manlifts shall be inspected by a competent designated person at intervals of not more than 30 days. Limit switches shall be checked weekly. Manlifts found to be unsafe shall not be operated until properly repaired.

(2) Items Covered. This periodic inspection should cover all portions of the manlift and the immediate area around the manlift including but not limited to the following items:

Steps.

Step Fastenings.

Rails.

Rail Supports and Fastenings.

Rollers and Slides.

Belts and Belt Tension.

Handholds and Fastenings.

Floor Landings.

Guardrails.

Lubrication.

Limit Switches.

Warning Signs and Lights.

Illumination.

Drive Pulley.

Bottom (boot) Pulley and Clearance.

Pulley Supports.

Motor.

Driving Mechanisms.

Brake.

Electrical Switches.

Vibration and Misalignment.

“Skip” on up or down run when mounting step. (Indicating worn gears)

(3) Inspection Record. A certification record shall be kept of each inspection which includes the date of the inspection, the signature of the person who performed the inspection and the serial number, or other identifier, of the manlift which was inspected. Records of inspection shall be made available to the division.

(l) Design Requirements. All new manlift installations and equipment installed after the effective date of these regulations shall meet the strength of materials requirements of the “American National Safety Standard for Manlifts ANSI A90.1-1969” and the requirements of this section.

(m) Beams and Supports Required. Machines, machinery, rails and pulleys shall be so supported and maintained in place as to effectually prevent any part from becoming loose or displaced under the conditions imposed in service.

(n) Out-of-Service Requirements. When it is intended to remove a manlift from service for an extended period of time, the leads to the disconnecting switch shall be disconnected and taped, the drive pulley and belt shall be restrained to prevent movement of the belt and the floor openings shall be covered over with plywood not less than 3/4” thick fastened in place.

(o) Guarding. Guarding of mechanical equipment and floor openings shall conform to the requirements of Subchapter 7, Chapter 4, Part 1 of Title 8 (General Industry Safety Orders) of the California Administrative Code.

(Title 24, Part 7, Section 7-3099)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (b)(1), (f)(2), and add subsections (c)(5), (k), and ( l), filed 8-30-74; effective thirtieth day thereafter (Register 74, No. 35).

2. Amendment of subsection (b)(1) filed 9-12-74; effective thirtieth day thereafter (Register 74, No. 37).

3. New subsections (m), (n) and (o) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

4. Amendment filed 6-12-87; operative 7-12-87 (Register 87, No. 26).

5. Amendment of subsection (k)(3) filed 3-5-90; operative 4-4-90 (Register 90, No. 12).

Article 18. Design Data, Formulas, Tests on Approved Devices, and Electrical Regulations

§3100. Rated Load of Passenger Elevators.

Note • History

(a) Minimum Rated Load of Passenger Elevators. The following formulas shall be used for determining the minimum rated load of passenger elevators.

(1) For a passenger elevator having an inside net platform area of not more than 50 square feet

W = (2A2/3) + (200A/3).

(2) For a passenger elevator having an inside net platform area of more than 50 square feet

W = 7A2/150) + (125A - 1367).

Where W = Minimum rated load in pounds, and A = inside net platform area in square feet.

(3) Figures 3100 A1, 3100 A2 and 3100 A3 are graphs of the above two formulas.

Embedded Graphic 08.0331

Minimum Rated Loads for Passenger Elevators

FIGURE 3100 A1

Embedded Graphic 08.0332

Minimum Rated Loads for Passenger Elevators

FIGURE 3100 A2

Embedded Graphic 08.0333

Minimum Rated Loads for Passenger Elevators

FIGURE 3100 A3

(b) Additional Requirements for Passenger Overload. Passenger elevators shall be designed and installed to safely lower, stop, and hold the car with an additional load up to 25 percent in excess of the rated load; however, the elevator is not required to attain rated load performance under the overload conditions. For passenger elevators, the term “125 percent of the rated load” shall be used in place of “rated load” in the following sections:

(1) Duplex Safeties--Section 3035(b).

(2) Function and Stopping Distance of Safeties--Section

3035(c)(1).

(3) Driving Machine Brakes--Section 3038(h)(2).

(4) Normal Terminal Stopping Devices--Section 3039(a)(2).

(5) Control and Operating Circuit Requirements--Section 3040(f)(5).

(6) Absorption of Regenerative Power--CCR, Title 24, Part 3, Article 620.

(Title 24, Part 7, Section 7-3100)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of article heading, subsections (b) and (b)(6) and adoption of Note filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

§3101. Electric Elevator Car Frame and Platform Stresses and Deflections.

History

(a) General Requirements.

(1) Steel, where used in the construction of car frames and platforms, shall conform to the following requirements:

(A) Steel shall be rolled, formed, forged, or cast, conforming to the requirements of the following specifications of the American Society for Testing and Materials:

1. Rolled and Formed Steel, ASTM A36 or ASTM A283 Grade D

2. Forged Steel, ASTM 235 Class C.

3. Cast Steel, ANSI G50.1 ASTM A27 Grade 60/30.

(B) Steel used for rivets, bolts, and rods shall conform to the following specifications of the American Society for Testing and Materials.

1. Rivets, ASTM A502.

2. Bolts and Rods, ASTM A307.

Exception: Steels of greater strength than those specified may be used provided they have an elongation of not less than 22 percent in a length of 2 inches, and provided that the stresses and deflections conform to the requirements of Design Sections 3101(a)(4) and (a)(5).

(2) Wood used for platform stringers and for platform floors and subfloors shall conform to the requirements of ANSI 04.3--(ASTM D245-687).

(3) Paint used for protection against fire shall be of an approved type having a flame spread rating of not over 50, applied in accordance with the instructions of the manufacturer. Such ratings shall be based on the test procedures specified in ANSI A2.5.

(4) The stresses in car frame members and their connections, based on the static loads imposed upon them, shall not exceed the following:

(A) For steels meeting the requirements of Sections 3101(a)(1)(A) and 3101(a)(1)(B), the stresses listed in Table 3101 A4.

(B) For steels of greater strength, the stresses listed in Table 3101 A4 may be increased proportionately based on the ratio of the ultimate strengths.

TABLE 3101 A4

Maximum Allowable Stresses in Car Frame and Platform Members

and Connections, for Steels Specified in Sections 3101(a)(1)(A) and 3101(a)(1)(B)

Max stress

Member Type of stress psi Area basis

Car Crosshead Bending 12,500 Gross Section

Car Frame Plank Normal Bending 12,500 Gross Section

Car Frame Plank Buffer Bending 25,000 Gross Section

Reaction

Car Frame Uprights (Stiles) Bending plus 15,000 Gross Section

Tension 18,000 Net Section

Hoisting Rope Bending plus

Hitch Shapes Tension 8,000 Net Section

Platform Framing Bending 12,500 Gross Section

Platform Stringers Bending 15,000 Gross Section

Threaded Brace Rods and Tension 8,000 Net Section

other Tension Members

Except Bolts

Bolts Tension 7,000 Net Section

Bolts in Clearance Holes Shear 7,000 Actual Area in

Shear Plane

Bolts in Clearance Holes Bearing 16,000 Gross Section

Rivets or Tight Body-fit Bolts Shear 10,000 Actual Area in

Shear Plane

Rivets or Tight Body-fit Bolts Bearing 18,000 Gross Section

Any Framing Member, Normal Compression 14,000 Gross Section

Loading 59L/R

(5) The deflections of car frame and platform members, based on the static loads imposed upon them, shall be not more than the following, irrespective of the type of steel or other metal used:

(A) For crosshead, 1/960th of the span.

(B) For plank, 1/960th of the span.

(D) For platform frame members, 1/960th of the span.

(6) The stresses and deflections in side-post-type car frame and platform members shall be based on the data and formulas listed in this section.

(7) For cars with corner-post or underslung-type car frames, the formulas and specified methods of calculation do not generally apply and shall be modified to suit the specific conditions and requirements in each case.

(b) Car Frame Crosshead. The stresses in the car frame crosshead shall be based on the total load supported by the crosshead with the car and its rated load at rest at the top terminal landing.

(1) Where a hoisting rope sheave is mounted on the car frame, the construction shall conform to the following:

(A) Where multiple sheaves mounted on separate sheave shafts are used, provision shall be made to take the compressive forces, developed by tension in the hoist ropes between the sheaves, on a strut or struts between the sheave shaft supports, or by providing additional compressive strength in the car frame or car frame members supporting the sheave shafts.

(B) Where the sheave shaft extends through the web of a car frame member, the reduction in area of the member shall not reduce the strength of the member below that required. Where necessary, reinforcing plates shall be welded or riveted to the member to provide the required strength. The bearing pressure shall in no case be more than that permitted in Table 3101 A4 for bolts in clearance holes.

(C) Where the sheave is attached to the car crosshead by means of a single threaded rod or specially designed member or members in tension, the following requirements shall be conformed to:

1. The single rod, member or members, in tension shall have a factor of safety 50 percent higher than the factor of safety required for the suspension wire ropes, but in no case less than 15.

2. The means for fastening the single threaded rod, member or members, in tension to the car frame shall conform to Section 3033(m).

(c) Car Frame Plank (Normal). The stresses in the car frame plank shall be based on a uniformly distributed load equal to not less than the sum of 5/8 of the rated load, 5/8 of the platform weight, and the concentrated loads due to the tensions in the compensating ropes and traveling cables.

(d) Car Frame Plank (Buffer Engagement). In calculating the stress resulting from oil-buffer engagement, 1/2 the sum of the weight of the car and its rated load shall be considered as being concentrated at each end of the plank with the buffer force applied at the middle. The buffer force shall be considered to be that required to produce gravity retardation with rated load in the car.

The following formula shall be used to determine the stress resulting from buffer engagement:

Stress = (D[C + W]) /2Z

Where more than one oil buffer is used, the formula shall be modified to suit the location of the buffers.

Note: Symbols used in the above and subsequent formulas are defined in Section 3101(g).

(e) Car Frame Stiles (Uprights). The total stress in each car frame upright due to tension and bending, and the slenderness ratio of each upright and its moment of inertia, shall be determined in accordance with the following formulas:

(1) Stress Due to Bending and Tension.

Total Stress = (KL/4HZu) + (G/2A)

Where KL/4HZu is the bending stress in each upright in the plane of the frame due to the live load W on the platform for the class of loading A, B, or C for which the elevator is to be used, and G/2A is the tensile stress in each upright.

K is determined by the following formulas (See Figure 3101 E):

(A) For class A freight loading or passenger loading, K = WE/8

(B) For class B freight loading, K = W([E/2] - 48) or K = WE/8, whichever is greater

Note: Symbols used in the above formulas are defined in Section 3101(h).

Embedded Graphic 08.0334

Turning Moment Based on Class of Loading

FIGURE 3101E

(2) Slenderness Ratio. The slenderness ratio L/R for uprights subject to compressions other than those resulting from safety and buffer action shall not exceed 120.

Exception: Where the upper side-brace connections on passenger elevator car frame uprights are located at a point less than 2/3 of L from the bottom (top fastening in car frame plank), a slenderness ratio of L/R not exceeding 160 shall be permissible.

Note: Symbols used in the above formulas are defined in Section 3101(h).

(3) Moment of Inertia. The moment of inertia of each upright shall be not less than determined by the following formula:

I = KL3 /18EH

Note: Symbols used in the above formula are defined in Section 3101(h).

(f) Freight Elevator Platforms.

(1) The calculations for the stresses in the platform members of freight elevators shall be based on the following concentrated loads assumed to occupy the position which will produce the maximum stress:

(A) Class A Loading: 1/4 of the rated load.

(B) Class B Loading: 75 percent of the rated load divided into two equal loads 5 feet apart.

(C) Class C1 and C2 Loading with a Full Load Rating of 20,000 pounds or less: 80 percent of the rated load or of the loaded truck, whichever is greater, divided into equal loads 2 feet 6 inches apart.

(D) Class C1 and C2 Loading with a Full Load Rating in excess of 20,000 pounds: 80 percent of 20,000 pounds or of the loaded truck weight whichever is the greater, divided into two equal parts 2 feet 6 inches apart.

(E) Class C3 Loading: Determine on the basis of the actual loading conditions but not less than that required for Class A loading.

(2) Freight elevators shall be designed for one of the following classes of loading:

(A) Class A--General Freight Loading. Where the load is distributed, the weight of any single piece of freight or of any single hand truck and its load is not more than 1/4 of the rated load of the elevator, and the load is handled on and off the car platform manually or by means of hand trucks.

For this class of loading, the rated load shall be based on not less than 50 pounds per square foot of inside net platform area.

(B) Class B--Motor Vehicle Loading. Where the elevator is used solely to carry automobile trucks or passenger automobiles up to the rated capacity of the elevator.

For this class of loading, the rated load shall be based on not less than 30 pounds per square foot of inside net platform area.

(C) Class C--These loadings apply where the weight of the concentrated load, including an industrial power or hand truck, if used, is more than 1/4 of the rated load and where the load to be carried does not exceed the rated load.

There are three types of Class C loading as follows:

Class C1--Industrial Truck Loading where truck is carried by the elevator.

Class C2--Industrial Truck Loading where truck is not carried by the elevator but used only for loading and unloading.

Class C3--Other loading with Heavy Concentrations where truck is not used.

The following requirements shall apply to all three types of Class C loading:

1. The rated load of the elevator shall be not less than the load (including any truck) to be carried, and shall in no case be less than load based on 50 pounds per square foot of inside net platform area.

2. The elevator shall be provided with a two-way automatic leveling device.

For Class C1 and Class C2 loadings, the following additional requirements shall apply:

3. For elevators with rated loads of 20,000 pounds or less, the car platform shall be designed for a loaded truck of weight equal to the rated load or for the actual weight of the loaded truck to be used, whichever is greater. For elevators with rated loads exceeding 20,000 pounds, the car platform shall be designed for a loaded truck weighing 20,000 pounds, or for the actual weight of the loaded truck to be used, whichever is greater.

4. For Class C2 loading, the maximum load on the car platform during loading or unloading shall not exceed 150 percent of rated load. For any load in excess of the rated load, the driving machine motor, brake, and traction relation shall be adequate to sustain and level the full 150 percent of rated load.

Note: When the entire rated load is loaded or unloaded by an industrial truck in increments, the load imposed on the car platform while the last increment is being loaded or the first increment unloaded will exceed the rated load by part of the weight of the empty industrial truck.

(g) Passenger Elevator Platforms. The stresses in platform members of passenger elevators shall be based on concentrated loads not less than those which apply to Class A freight loading.

(h) Formula Symbols. The symbols used in the formulas in Section 3101 shall have the following meanings:

W = Rated load in pounds.

C = Net weight in pounds of complete elevator car.

G = Load in pounds supported by crosshead with rated load in car at rest at top terminal landing.

K = Turning moment in inch-pounds as determined by class of loading.

D = Distance in inches between guide rails.

E = Inside clear width of car in inches, except in formulas in Sections 3101(e)(3) and 3103(a)(4)(D) where E = modules of elasticity (psi) of the material used.

H = Vertical center distance between upper and lower guide shoes (or rollers) in inches.

L = Free length of uprights in inches (distance from lowest fastening in crosshead to top fastening in plank).

A = Net area of section in (inches)2.

R = Least radius of gyration of section in inches.

I = Moment of inertia of member, gross section in (inches)4.

Z = Combined section moduli of plank members, gross section, (inches)3.

Zu =Section modulus of one upright, gross section, (inches)3.

HISTORY

1. Amendment of subsections (a)(1), (a)(2), (a)(3) and (e) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Editorial correction of subsections (d) Note and (f)(2)(C)3. (Register 95, No. 34).

3. Change without regulatory effect amending subsection (e) to provide more legible illustrations in Figure 3101E filed 5-1-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 18).

§3102. Hydraulic Plunger, Cylinder, and Piping Design.

History

(a) Plunger Design. Plunger shall be designed and constructed in accordance wth one of the following formulas.

(1) Where slenderness ratio of plunger is less than 120:

W/A = 13600 - 0.485(L/R)2

(2) Where slenderness ratio of plunger is greater than 120:

W/A = 95,000,000/(L/R)2

Where:

W = Allowable gross weight to be sustained by plunger. Where a counterweight is provided, the weight of the counterweight plus the unbalanced weight of the counterweight ropes may be deducted in determining W. In determining W, 1/2 of the weight of the plunger shall be included. Where the cylinder is attached to the car frame, the weight of the cylinder, the liquid in the cylinder, and 1/2 the weight of the plunger shall be included.

A = Net sectional area of plunger (area of metal) in square inches.

L = Maximum free length of plunger in inches.

R = Radius of gyration of plunger section in inches.

W/A = Maximum allowable fiber stress.

Exception: Plungers having a free length of 25 feet or less may be accepted without further examination for strength and elastic stability provided all of the following conditions exist:
1. The working pressure is 300 pounds per square inch or less.
2. The plunger is 4 inches nominal pipe size or larger.
3. Pipe not lighter than schedule 40 is used and not more than 1/16 inch of metal has been removed from the wall thickness in machining.
4. The plunger is not of the telescoping type.

Embedded Graphic 08.0335

(3) Figures 3102 A1 and 3102 A2 may be used as a guide for the maximum free lengths for various loads on some of the more common pipe sizes used for plungers.

(b) Design of Joints in Plungers. Plungers composed of more than one section shall have the joints designed and constructed to:

(1) Carry in tension the weight of all plunger sections below the joint, and

(2) Transmit in compression the gross load on the plunger with a factor of safety of not less than 5 based on ultimate strength.

(c) Attachment of Plunger to Platform. The plunger shall be attached to the car platform with fastenings of sufficient strength to support the weight of the plunger with a factor of safety of not less than 4.

(d) Plungers Subjected to External Pressure. For plungers subjected to external pressure, the working pressure shall be not more than that indicated by the following formula:

Embedded Graphic 08.0336

Where:

p = Working pressure in pounds per square inch.

t = Finished wall thickness in inches.

d = External finished diameter in inches.

(e) Cylinder Design

(1) Cylinders shall be designed and constructed in accordance with the following formula:

Embedded Graphic 08.0337

Where:

t = Thickness of wall in inches, minimum.

p = Working pressure in pounds per square inch.

d = Internal diameter in inches.

S = Design stress in pounds per square inch (12,000 psi maximum for mild steel and 1/5 the ultimate strength for other metals).

(2) Gray cast iron (or other brittle material), if used in the cylinder assembly, shall have a factor of safety of not less than 10.

(f) Cylinder and Plunger Heads.

(1) Heads of cylinders, and heads of plungers subject to fluid pressure, shall conform to the following requirements:

(A) They shall be designed and constructed in accordance with the applicable formulas in 3102(f)(2), provided that steel heads shall in no case have a thickness less than that required for the adjoining shell.

(B) Dished seamless heads, convex to pressure, shall have a maximum allowable working pressure not more than 60 percent of that for heads of the same dimensions with pressure on the concave.

(C) Reinforced heads shall be designed and constructed so that the maximum stress at rated capacity shall not exceed 12,000 pounds per square inch for mild steel and 1/5 of the ultimate strength of the material for other metals.

(D) Pressure heads subjected to mechanical loads in addition to fluid pressure loads shall be so designed and constructed that the combined stresses will not exceed the limits specified in Sections 3102(f)(1)(A), 3102(f)(1)(B), and 3102(f)(1)(C).

(2) Heads of cylinders and heads of plungers subject to fluid pressure shall be designed and constructed in accordance with one of the following applicable formulas:

(A) Flat unreinforced heads:

t = d √ (p / 4S)

(B) Dished seamless heads, concave to pressure:

t = 5pr / 6S

Where:

t = Thickness of head in inches, minimum.

d = Diameter of head between supporting edges in inches.

p = Working pressure in pounds per square inch.

S = Design stress in pounds per square inch (12,000 psi maximum for mild steel and 1/5 of ultimate strength for other metals).

r = Radius to which head is dished, measured on concave in inches (not greater than d).

(3) Welding of parts on which safe operation depends shall conform to Section 3033(g).

(g) Pipe Design.

(1) The minimum wall thickness of pipe for working pressures over 250 pounds per square inch shall be determined by the following formula:

t = (pD / 2S) + C

Where:

D = Outside diameter of pipe in inches.

t = Minimum wall thickness in inches.

p = Working pressure in pounds per square inch.

Embedded Graphic 08.0338

S = Allowable stress in pounds per square inch (1/5 ultimate strength).

(2) Supply piping materials and fittings shall conform with the applicable provisions of USAS B31.1.0 except that non-ductile material shall not be used. The material used shall have a factor of safety of not less than 5 based on ultimate strength and on elongation of not less than 10 percent.

(3) Plain end nonferrous pipe or tubing shall have a wall thickness not less than that determined by the formula in Section 3102(g)(1) where C = 0.000 and S (max) 1/5 of the ultimate strength of the material used.

(4) Welding of parts on which safe operation depends shall conform to Section 3033(g).

(5) Threads if piping, fittings, and valves shall conform to USAS B2.1.

HISTORY

1. Amendment of subsection (a)(2) filed 11-24-76; effective thirtieth day thereafter (Register 76, No. 48).

2. Editorial correction of subsection (f)(1)(D) (Register 95, No. 34).

3. Editorial correction of subsections (e)(1) and (g)(1) (Register 95, No. 41).

§3103. Hydraulic Elevator Car Frame and Platform Stresses and Deflections.

(a) General Requirements. The stresses and deflections in car frame and platform members shall be based on the data and formulas listed in this section. For cars with corner-post or subpost car frames, the formulas and data do not generally apply and shall be modified to suit the specific conditions in each case.

(1) The maximum stresses in car frame uprights which are normally subject to compression shall be such that the quantity [(fa/Fa) + (fb/Fb)] does not exceed unity.

Where:

Fa = Allowable axial compressive unit stress (not exceeding 17,000-0.485(L/R)2).

Fb = Allowable bending unit stress (15,000 psi if area basis is gross section or 18,000 psi if area basis is net section).

fa = Actual axial compressive unit stress based on gross section.

fb = Actual bending unit stress.

L = Free length of uprights in inches (distance from lowest fastening in crosshead to top fastening in plank).

R = Least radius of gyration of section in inches.

(2) The stresses in the car frame crosshead shall be based on the total load, if any, supported by the crosshead.

The moment of inertia in the crosshead shall be not less than twice that of the stile section about an axis parallel to that of the crosshead section. The connection between the crosshead and the stile shall have sufficient rigidity to transmit the bending moment in the stile into the crosshead.

(3) The normal stresses in the car frame plank for elevators having a single plunger shall be based on a load equal to 1/2 the maximum static load on the plunger concentrated at each end of the plank with the plunger force applied at the middle. Where multiple plungers are used, the stresses shall be analyzed for the specific case. Stresses resulting from oil buffer engagement shall be calculated in accordance with Design Section 3101(d).

(4) The stresses in each car frame upright due to compression and bending and the slenderness ratio of each upright and its moment of inertia shall be determined in accordance with the following formulas:

(A) Stresses due to bending.

Embedded Graphic 08.0339

where:

fb = The bending stress in each upright in the plane of the frame due to the live load W on the platform for the class of loading A, B, or C for which the elevator is to be used.

K = Turning moment in inch-pounds as determined by the class of loading by the following formulas:

1. For Class A freight loading or passenger loading:

Embedded Graphic 08.0340

2. For class B freight loading:

Embedded Graphic 08.0341

whichever is greater

3. For Class C freight loading:

Embedded Graphic 08.0342

For explanation of symbols L, H, and Zu see Design Section 3101(g).

(B) Stresses due to compression:

fa = Compressive stress in each upright.

The slenderness ratio L/R for uprights subject to compressions other than those resulting from buffer action shall not exceed 120.

(D) Moment of Inertia.

The moment of inertia of each upright shall be not less than determined by the following formula:

Embedded Graphic 08.0343

For explanation of symbols see Design Section 3101(g).

§3104. Factor of Safety for Driving Machines and Sheaves.

History

(a) Factor of Safety for Driving Machines and Sheaves.

(1) The factor of safety to be used in the design of driving machines and in the design of sheaves used with hoisting and compensating ropes shall be not less than:

(A) Eight for steel, bronze, or for other metals having an elongation of at least 14 percent in a length of 2 inches.

(B) Ten for cast iron, or for other metals having an elongation of less than 14 percent in a length of 2 inches.

(2) The load to be used in determining the factor of safety shall be the resultant of the maximum tensions in the ropes leading from the sheave or drum with the elevator at rest and with rated load in the car.

(b) Data Required for Approval.

(1) Two complete sets of assembly and detail drawings of the governor shall be submitted, and shall show the following:

(A) The construction of the governor and the dimensions of major parts for identification.

(B) The adjustment range and values of the data as marked on the governor marking plate required by Section 3036(h).

(2) The results of a test performed at the maximum tripping speeds for which the approval is to be issued. This test shall be witnessed by an authorized representative of the Division of Industrial Safety, or the division may accept reports of witnesses recognized as competent by the division.

HISTORY

1. Editorial correction of subsection (a)(1) (Register 95, No. 34).

§3105. Governor Trip Speeds and Approval Data.

(a) Governor Tripping Speeds. Figure 3105 A gives the maximum tripping speeds for various rated speeds.

Embedded Graphic 08.0344

Maximum Governor Tripping Speeds

FIGURE 3105 A

(b) Data Required for Approval.

(1) Two complete sets of assembly and detail drawings of the governor shall be submitted, and shall show the following:

(A) The construction of the governor and the dimensions of major parts for identification.

(B) The adjustment range and values of the data as marked on the governor marking plate required by Section 3036(h).

§3106. Car and Counterweight Safety Stopping Distances and Approval Data.

History

(a) Stopping Distances, Type B Safeties.

(1) The following formulas shall be used to determine the maximum and minimum stopping distances for Type B car and counterweight safeties:

Embedded Graphic 08.0345

Where:

S = Maximum stopping distance in feet.

S' = Minimum stopping distance in feet.

V = Governor tripping speed in feet per minute.

(2) Figures 3106 A1 to 3106 A7 show the maximum and minimum stopping distances from various governor tripping speeds.

Design Data and Formulas

Embedded Graphic 08.0346

STOPPING DISTANCE IN FEET

Stopping Distances for Type B Car and Counterweight Safeties

FIG. 3106 A-1

Embedded Graphic 08.0347

Embedded Graphic 08.0348

Embedded Graphic 08.0349

Embedded Graphic 08.0350

(b) Data Required for Approval.

(1) Two complete sets of assembly and detail drawings of the safety device shall be submitted to the division and shall show the following:

(A) The construction of the safety device and the dimensions of major parts for identification.

(B) The adjustment range and valves of the data as marked on the safety marking plate required by Section 3035(n).

(C) The design and operational details indicating that the safety device complies with Sections 3035(g), 3035(i), 3035(j), 3035(k), 3035(l), 3035(o), and 3035(p).

(2) The results of performance tests conducted by the manufacturer or an approved testing laboratory. These tests shall be conducted to demonstrate that the safety device will function satisfactorily within the range of loads and speeds for which the safety is to be approved.

(1) On Type B safeties in which the maximum retarding force does not depend on the pull in the governor rope, the tests shall be of the drop-test type or of the overspeed type. On such tests the governor tripping speed need not exceed 280 feet per minute.

(2) On Type B safeties in which the maximum retarding force depends on the pull in the governor rope and the car speed at which the safety is applied, the tests shall be of the drop-test type.

(3) On Type A safeties the tests shall be:

(A) A test shall be made of the inertia application of the safety by attaching the proper weight, as determined by the manufacturer, to the return run of the governor rope. This weight shall be that necessary to reproduce inertia operation of the safety at not to exceed 9/10 gravity. The inertia application shall be made with the car stationary, and the weight when released shall move the safety pats into contact with the rails, and

(B) A runaway test made from governor tripping speed with the safety device applied by the governor mechanism.

(4) On Type C safeties, the tests shall be of the overspeed type. The inertia application of the safety is not required.

(d) Factor of Safety. Parts of safeties, except springs, shall have a factor of safety of not less than 3.5, and the materials used shall have an elongation of not less than 15 percent in a length of 2 inches. Forged, cast, or welded parts shall be stress relieved.

Exception: Safety-rope drums, leading sheaves, and their supporting brackets and safety jaw gibs may be made of cast iron and other metals, provided such parts have a factor of safety of not less than 10.

(1) Rope used as a connection from the safety to the governor rope, including rope wound on the safety rope drum, shall be not less than 3/8 inch in diameter and shall be made of a corrosion-resistant metal. Tiller rope construction shall not be used. The factor of safety of the rope shall be not less than 5.

(2) The factors of safety shall be based upon the maximum stresses developed in the parts during the operation of the safety when stopping rated load from governor tripping speed.

(3) Springs may be used in the operation of car or counterweights safeties. Where used, and where partially loaded prior to safety operation, the loading on the spring shall not produce a fiber stress exceeding 1/2 the elastic limit of the material. During operation of the safety, the fiber stress shall not exceed 85 percent of the elastic limit of the material. Helical springs, where used, shall be in compression.

(4) Safety-rope leading-sheave brackets and other safety operating parts shall not be attached to or supported by wood platform members.

HISTORY

1. Editorial correction of subsections (a)(1) formula and (c)(3)(A) (Register 95, No. 34).

§3106.1. Plunger Engaging Safety Device for Direct Plunger Hydraulic Elevators.

Note • History

(a) Plunger Engaging Safety Device Design and Operation.

The plunger engaging safety device (PESD), when used on direct plunger hydraulic elevators to stop uncontrolled descent due to loss of pressure, shall comply with the following requirements:

(1) The forces applied to the plunger shall be compressive and distributed over the circumference of the plunger when the PESD is actuated. The force shall not exceed 28% of the plunger yield stress.

(2) Supports for the PESD shall be capable of withstanding a kinetic force of 115% of the total load stopping with a deceleration of 1 g.

(3) The PESD shall:

(A) actuate when there is a loss of hydraulic pressure that could cause the elevator to go into an out-of-control descent,

(B) not release the plunger if there is downward motion of the plunger,

(D) have sufficient running clearance between the gripping surface and the plunger to not adversely affect the plunger or the gripping surface.

(4) The PESD bearings, when used, shall be corrosion resistant.

(5) Parts of the PESD and supports, except springs, shall have a safety factor of not less than 3.5. The materials used shall have an elongation of not less than 15% in length of 2 inches. Forged, cast or welded parts shall be stress relieved. Roller chains, if provided, shall comply with ASME B29.1M-1993, “Precision Power Transmission Roller Chains, Attachments, and Sprockets,” which is hereby incorporated by reference. Wire rope, if provided, shall comply with Section 3107.

(b) Data Required for Approval.

(1) Two complete sets of detail drawings showing the assembly of the PESD shall be submitted to the Division and shall show the following:

(A) The construction of the PESD and the dimensions of major parts for identification.

(B) The shim adjustment range indicated on the safety marking plate required by Section 3065(b)(3).

(2) The results of performance tests conducted by the manufacturer or approved testing laboratory. These tests shall be conducted to demonstrate that the PESD will function satisfactorily within the range of loads and speeds for which the PESD is to be approved.

(1) Tests to indicate that surfaces subjected to friction by the PESD will not reduce the reasonable life expectancy of such surfaces.

(2) Tests to indicate the gripping mechanism of the device does not adversely affect the plunger.

(Title 24, Part 7, Section 7-3106.1)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-13-2000; operative 5-13-2000 (Register 2000, No. 15).

§3107. Factors of Safety for Suspension Wire Ropes and Design of Wire Rope Fastenings for Power Elevators.

Note • History

(a) Factors of Safety for Wire Ropes.

(1) The factor of safety for wire ropes shall be calculated by the following formula:

Embedded Graphic 08.0351

Where:

S = Manufacturer's rated breaking strength of one rope.

N = Number of runs of rope under load (See Note).

W = Maximum static load imposed on all car ropes with the car and its rated load at any position in the hoistway.

Note: In the case of multiple roping, the number of runs of rope (N) under load will be: For 2:1 roping, twice the number of ropes use; for 3:1 roping, three times the number of ropes used; etc.

(2) The factor of safety for wire suspension ropes shall be not less than that determined by Figure 3107 A2 for the various rope speeds.

Embedded Graphic 08.0352

Factors of Safety of Suspension Wire Ropes of Power

Passenger and Freight Elevators

FIGURE 3107 A2

(b) Design of Wire Rope Fastenings.

(1) Tapered babbitted-type rope sockets shall be of a design shown in Figure 3107 B1 as follows:

(A) The axial length (L) of the tapered portion of the socket shall be not less than 4 3/4 times the diameter of the rope used.

Embedded Graphic 08.0353

Tapered Babbitted Rope Sockets

FIGURE 3107 B1

Note: Rope socket and shackle rod may be in one piece, as shown

(B) The axial length (L') of the open portion of the rope socket shall be not less than 4 times the diameter of the rope used.

(C) The length of the straight bore (L”) at the small end of the socket shall be not more than 1/2 in. (12.7 mm) nor less than 1/8in. (3.2 mm) and its outer edge shall be rounded and free from cutting edges.

(D) The diameter (d) of the hole at the large end of the tapered portion of the socket shall be not less than 2 1/4 times nor more than 3 times the diameter of the wire rope used.

(E) The diameter (d') of the hole at the small end of the tapered portion of the socket shall be not more than shown in Table No. 3107 B1E.

TABLE NO. 3107 B1E

Relation of Rope Diameter to Small Diameter of Socket

Nominal Rope Diameter Maximum Diameter of Hole

in. d', in.

3/8 to 7/16 inclusive 3/22” larger than Nominal Rope Diameter

1/2 to 3/4 inclusive 1/8” larger than Nominal Rope Diameter

7/8 to 1 1/8 inclusive 5/32” larger than Nominal Rope Diameter

1 1/4 to 1 1/2 inclusive 3/16” larger than Nominal Rope Diameter

GENERAL NOTE

1 in. = 25.4 mm

Title 24, Part 7, Section 7-3107.

(2) Types of rope fastenings other than individual tapered babbitted rope sockets may be accepted by the division subject to the following:

(A) Data is submitted showing the results of adequate tensile and fatigue tests made by a qualified testing laboratory.

(B) The fastenings shall conform to the requirements of Section 3042(j).

(C) The rope socketing shall be such as to develop at least 80 percent of the ultimate breaking strength of the strongest rope to be used in such fastenings.

(D) U-bolt type rope clips (clamps) shall not be used for such fastenings.

(3) Cast or forged steel rope sockets, shackle rods and their connections shall be made of unwelded steel, having an elongation of not less than 20 percent in a length of 2 inches, conforming to ASTM A235 for forged steel, and to USAS G50.1 (ASTM A27) for cast steel, and shall be stress relieved.

(4) The shackle rod, eye bolt, or other means used to connect the rope socket to the car or counterweight, shall have a strength at least equal to the rope manufacturer's rated breaking strength of the rope.

(5) Eye bolts used as connections with clevis-type sockets shall be of forged steel conforming to ASTM A235 without welds.

(6) Rope sockets shall be of such strength that the rope will break before the socket is perceptibly deformed.

(c) Method of Babbitting Wire Ropes in Tapered Sockets. Where the tapered babbitted type socket is used, the method and procedure to be followed in making up the fastening shall conform to the following:

(1) Handling: The rope to be socketed shall be carefully handled to prevent twisting, untwisting, or kinking.

(2) Seizing of Rope Ends: The rope ends to be socketed shall be served before cutting with seizings in accordance with the following:

(A) The seizing shall be done with annealed iron wire, provided that other methods of seizing may be used which give the same protection from loss of rope lay.

Where iron wire is used for seizing, the length of each seizing shall be not less than the diameter of the rope.

(B) For nonpreformed rope, three seizings shall be made at each side of the cut in the rope.

(D) For nonpreformed rope, the first seizing shall be close to the cut end of the rope and the second seizing shall be spaced back from the first the length of the end of the rope to be turned in. The third seizing shall be at a distance from the second equal to the length of the tapered portion of the socket.

For preformed rope, the seizing shall be at a distance from the end of the rope equal to the length of the tapered portion of the socket plus the length of the portion of the rope to be turned in.

(3) Spreading of Rope Strands: After the rope has been seized, it shall be inserted into the socket through the hole in the small end a sufficient distance for manipulation; and where nonpreformed rope is used, the first two seizings shall be removed. The rope strands shall then be spread apart and where rope with fiber core is used, the fiber core shall be cut away as close as possible to the remaining seizing.

(4) Removal of Grease or Oil: Grease and oil shall be removed by cleaning the outer surface of the exposed rope strands with a nonflammable low-toxic solvent.

new scan (5) Turning in of Rope Strands: The exposed rope strands shall then be bent, turned in, and bunched closely together, each strand being turned back the same distance. The portion turned in shall have a length of not less than 2 1/2 times the diameter of the rope and such that, when the rope is pulled as far as possible into socket, the bend of the turned-in strands shall be slightly overflush with the mouth of the tapered socket (large end) and will be visible when the socket has been babbitted. Where rope with steel core is used, the steel core shall be cut off even with tops of the looped strands.

(6) Insertion of Bent-In Rope Strands in Socket: The rope end shall be pulled as far as possible into the socket so that the remaining seizing projects outside the hole at the small end of the socket.

(7) Position of Socket Preparatory to Pouring Babbitt: The socket shall be held in a vertical position with the large end up, and the rope held in a position truly axial with the socket. Tape or waste may be wound around the rope at the small end of the socket to prevent the babbitt from seeping through, but shall be removed after the metal has cooled.

(8) Heating of Babbitt: The babbitt shall be heated to a fluidity just sufficient to char a piece of soft wood such as white pine without igniting it. Care shall be taken not to overheat the babbitt sufficiently to damage the rope.

(9) Heating of Socket-Basket and Pouring of Babbitt: The rope socket-basket shall be heated by a blowtorch flame sufficiently to prevent chilling of the babbitt and to insure that the babbitt when poured will completely fill the basket, including all the spaces between the rope strands. Following this the molten babbitt shall be poured slowly and evenly into the basket until it is filled to a point level with the top of the opening in the large end.

(10) Babbitt metal shall contain at least 9 percent antimony and shall be clean and free from dross.

(d) Design of Suspension Rope Equalizers. Cable equalizers and their fastenings may be of types other than individual compression spring type provided:

(1) Data is submitted to the division showing that adequate tensile and fatigue tests have been made by a qualified testing laboratory.

(2) The tests show the ultimate strength of the equalizer and its fastenings in its several parts and assembly, which shall be not less than 10 percent in excess of the required strength of the suspension ropes.

(3) Equalizers of the single-bar type or springs in tension shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 6-11-86; effective thirtieth day thereafter (Register 86, No. 24).

2. Editorial corrections (Register 95, No. 34).

3. Change without regulatory effect amending subsection (b)(1)(A) to provide more legible illustration in Figure 3107 B1 filed 5-1-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 18).

§3108. Design of Oil Buffers and Buffer Supports and Tests for Approval of Oil Buffers.

History

(a) Stroke of Oil Buffers.

(1) The stroke shall be such that the car or the counterweight on striking the buffer at 115 percent of rated speed shall be brought to rest with an average retardation of not more than 32.2 feet per second per second, or

(2) Where an emergency terminal stopping device is installed which conforms to the requirements of Section 3039(c), and which will limit the speed at which the car or counterweight can strike its buffer, the buffer stroke shall be based on at least 115 percent of the reduced striking speed and on an average retardation not exceeding 32.2 feet per second per second.

(3) The following formula gives the value of the stopping distance based on gravity retardation from any initial velocity:

Embedded Graphic 08.0354

Where: V = Initial velocity in feet per minute

S = Free fall in inches (gravity stopping distance)

(4) Figure 3108 shows the gravity stopping distances based on the formula of Section 3108(a)(3).

Embedded Graphic 08.0355

FIGURE 3108

(b) Retardation by Oil Buffers. Oil buffers shall develop an average retardation not in excess of 32.2 feet per second per second, and shall develop no peak retardation greater than 80.5 feet per second per second having a duration exceeding 1/25of a second with any load in the car from rated load to a minimum load of 150 pounds when the buffers are struck with an initial speed of not more than:

(1) One hundred fifteen percent of rated speed for buffers conforming with Section 3031(f), and

(2) One hundred fifteen percent of the predetermined reduced speed for buffers conforming with the exception to Section 3031(f).

(c) Factor of Safety for Oil Buffer Parts. The factor of safety of parts of oil buffers, based on the yield point for compression members and on the ultimate strength and elongation for other parts, at gravity retardation with the maximum load for which the buffer is designed, shall be not less than the following:

(1) Three for materials having an elongation of 20 percent or more in a length of 2 inches.

(2) Three and one-half for materials having an elongation of from 15 to 20 percent in a length of 2 inches.

(3) Four for materials having an elongation of from 10 to 15 percent in a length of 2 inches.

(4) Five for materials having an elongation of less than 10 percent in a length of 2 inches, except that cast iron shall have a factor of safety of 10.

(d) L/R for Members Under Compression as Columns. The L/R ratio of members of oil buffers under compression as columns shall be not more than 80.

The L/R ratio specified applies only to those main buffer members which are subject to the impact of the fully loaded car when striking the buffer.

(e) Buffer Oil Requirements. Oils used in oil buffers shall have a pour point of zero degrees F. or lower as defined in ANSI Z11.5 (ASTM D97) and a viscosity index of 75 or higher as defined in ANSI Z11.211 (ASTM D2270).

(f) Approval of Oil Buffers.

(1) The buffer shall be approved on the basis of the engineering tests specified in ANSI A17.1, made by an approved testing laboratory or by the manufacturer and witnessed by a representative of such an approved testing laboratory or by a representative of the Divsion of Industrial Safety. Tests shall be made on a buffer of each type or design to be approved and having the following oil portings:

(A) The porting having the range of the maximum loads for which the buffer is designed.

(B) The porting having the range of the minimum loads for which the buffer is designed.

(2) The approval shall include buffers of the same type or design having a greater or shorter stroke, up to a maximum of 7 feet, and having oil portings for any load range within the maximum and minimum loads for which the buffer has been tested, provided that the buffer will conform to the requirements of Section 3031(f).

(3) Certification. When the buffer has been subjected to all of the specified tests and all test records and data indicate that it conforms to the requirements of Sections 3031 and 3108, the laboratory shall issue to the manufacturer a test report and a certificate stating that the buffer of the particular stroke, and having the portings tested, has met the requirements for the maximum and minimum loads as stated in the certificate.

A copy of the test reports, together with drawings and descriptions of the buffer to allow field identification, shall be submitted to the division with the request for approval.

(g) Impact on Buffer Supports. The following formulas give the buffer reaction and the impact on the car and counterweight oil buffer supports resulting from buffer engagement:

R = W (1 + [v2/2gS])

P = 2R

The following formulas give the buffer reaction and the impact on the supports of car and counterweight spring buffers which do not fully compress under the conditions outlined in Section 3019.

R = 2W (1 + [v2/2gS])

P = R

Where:

R = Buffer reaction in pounds.

P = Impact in pounds.

W = Weight in car plus rated load in pounds.

v = Speed in feet per second at impact.

S = Buffer stroke in feet.

g = 32.2 feet per second per second.

HISTORY

1. Amendment of subsections (e) and (f)(1) filed 6-23-77;effective thirtieth day thereafter (Register 77, No. 26).

2. Editorial correction of subsection (g) formulas (Register 95, No. 34).

§3109. Guide Rails, Guide Rail Brackets, Fastenings and Supports for Electric Elevators.

History

(a) Stresses and Deflections.

(1) The stresses in a guide rail, or in a rail and its reinforcement, due to the horizontal forces imposed on the rail during loading, unloading, or running, calculated without impact, shall not exceed 15,000 pounds per square inch based upon the class of loading. The deflection, calculated on the same basis, shall not exceed 1/4 inch.

Exception: Where steels of greater strength than those specified in Section 3109(b) are used, the stresses may be increased proportionately based on the ratio of the ultimate strengths.

(2) The guide rail brackets, their fastenings and supports, such as building beams and walls, shall be capable of resisting the horizontal forces imposed by the class of loading with a total deflection at the point of support of not more than 1/8 inch.

(b) Requirements for Steel.

(1) Rails, brackets, fishplates, and rail clips shall be made of open-hearth steel or its equivalent having a tensile strength of not less than 55,000 pounds per square inch and having an elongation of not less than 22 percent in a length of 2 inches.

(2) Bolts shall conform to ASTM A-307.

(3) Rivets shall conform to ASTM A-502.

(1) Have a section modulus and moment of inertia equal to or greater than that of the sections shown in Figure 3030 E for a given loading condition.

(2) Have a sectional area sufficient to withstand the compressive forces resulting from the application of the car or counterweight safety device.

(d) Moment of Inertia for a Single Guide Rail. The minimum moment of inertia about an axis (1-1) parallel to the base of a single rail or to the base of a single rail and its reinforcement for a car or counterweight with a safety device, is given in Figure 3109 D for total weight per pair of rails and bracket spacing.

Note: The moments of inertia of the most common size standard T-rails are shown in Figure 3109 D as vertical lines.

Embedded Graphic 08.0356

Minimum Moment of Inertia About 1-1 Axis for a Single

Guide Rail With Its Reinforcement

FIGURE 3109 D

Embedded Graphic 08.0357

HISTORY

1. Amendment of subsection (d) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Editorial correction of subsection (c)(1) (Register 95, No. 41).

§3110. Approval of Hoistway Door Interlocks and Hoistway Door Combination Mechanical Locks and Electric Contacts (Contact Locks).

(a) Methods of Approval.

(1) Hoistway door interlocks or hoistway door combination mechanical locks and electric contacts used on installations covered by these regulations shall be of an approved type. The Division of Industrial Safety will classify as “Approved” such hoistway door locking devices that have been approved, listed, labeled, or manufactured as conforming to the standards of the Underwriter's Laboratories, Inc., or similar approved institutions, provided, however, that the division may refuse to approve such devices that do not comply with the requirements of Section 3021.

(A) Drawings and test reports shall be submitted to the division with the request for lock approval.

(2) The division may classify as “Approved” hoistway door locking devices which have not been approved, listed, labeled, or manufactured as conforming to the standards of one of the institutions specified in Section 3110(a)(1) upon satisfactory evidence that they are designed and constructed so that they do comply with the requirements of Section 3021.

(A) Drawings and a working model of the lock shall be submitted to the division for approval, together with design data on the component parts of the locking device.

§3111. Stresses and Deflection in Machinery and Sheave Beams and Their Supports.

History

(a) Allowable Loads and Stresses for Beams and Floors.

(1) The stresses shall not exceed 80 percent of those permitted for static loads.

(A) Structural steel by AISC Specification for Design Fabrication and Erection of Structural Steel Building.

(B) Reinforced concrete by ANSI A89.1 Concrete Building Code Requirements for Reinforced Concrete.

(2) The stresses in overhead beams, floors, and their supports shall be based on not less than the sum of the following loads:

(A) The load resting on the beams and supports, which shall include the complete weight of the machine, sheaves, controller, governor, and any other equipment, together with that portion, if any, of the machine room floor supported thereon.

(B) Twice the sum of the tensions in all wire ropes passing over sheaves or drums supported by the beams with rated load in the car.

Note: These tensions are doubled to take care of impact accelerating stresses, etc.

(3) The stresses in beams, foundations, and floors for machinery and sheaves not located directly over the hoistway shall be based on not less than the following loads:

(A) The foundation shall support the total weight of the machine, sheaves, and other equipment, and the floor, if any.

(C) The sheave beams and the foundation bolts shall withstand twice the horizontal component, if any, of the tensions in all hoisting ropes passing over sheaves or drums on the foundation or beams.

(D) The foundation shall withstand twice the turning moment, if any, developed by the tensions in all the hoisting ropes passing over sheaves or drums on the foundation or beams.

(4) Where stresses due to loads, other than elevator loads, supported on beams or floor exceed those due to elevator loads, 100 percent of the permitted stresses may be used.

(b) Allowable Deflections. The allowable deflections of machinery and sheave beams, and their immediate supports under static load, shall not exceed 1/1666 of the span.

(1) Anchor bolts for machines or sheaves located below or to one side of the hoistway shall conform to ASTM A307.

(A) Total tension in anchor bolts shall not exceed 12,000 pounds per square inch of net section.

(B) Total shear in anchor bolts shall not exceed 8,600 pounds per square inch of actual area in the shear plane.

Exception: Bolts made of steel having greater strength than specified by ASTM A307 may be used and the maximum allowable stresses increased proportionately based on the ratio of ultimate strengths. Elongation shall conform to the requirements of the corresponding ASTM specification.

(2) Bolts or rivets used to secure overhead hoisting rope hitch plates shall conform to ASTM A307 and ASTM A502 respectively.

(A) Where bolts or rivets are subjected to shearing stresses due to tension in the hoisting ropes, the total shear shall not be more than 8,600 pounds per square inch of actual area in the shear plane. The stresses in welds shall not be more than 8,000 pounds per square inch based on the throat area of the welds.

(3) The fastenings used to attach equipment, except rail brackets, to the supporting structure shall be designed to withstand seismic forces of 1.0 g. horizontally and 0.5 g. vertically acting simultaneously when such fastenings are rigid or when fastenings use rubber or similar material for vibration isolation of equipment. Fastenings using springs for vibration isolation of equipment shall be designed to withstand forces double those for rigid fastenings.

The stresses in parts or structural members made of steel shall not exceed 88% of the yield strength of the material used in the fastenings.

(d) Hitch Plates and Hitch Plate Supports. Total stresses in tension, plus bending in hitch plates and in hitch plate shapes, shall not be more than 12,000 pounds per square inch. The hitch plate supporting beams shall be designed to withstand twice the sum of the tensions in all the hoisting ropes attached to the hitch plates.

(e) Cast Metals in Tension or Bending. Cast metals having an elongation of less than 20 percent in a length of 2 inches, which are subject to tension or bending, shall not be used to support machinery or equipment from the underside of overhead beams or floors.

HISTORY

1. New subsection (c)(3) filed 9-5-75; effective thirtieth day thereafter (Register 75, No. 36).

2. Amendment of subsection (a)(1) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

3. Subsection (c)(3) which was filed 9-5-75 (Register 75, No. 36), was approved by the Building Standards Commission 3-26-76. History note printed in Register 78, No. 30 for technical reasons.

4. Editorial corrections (Register 95, No. 34).

§3112. Electrical Regulations.

Note • History

The electrical regulations referred to in the body of the Elevator Safety Orders are California Code of Regulations, Title 24, Part 3, Article 620, Elevators, Dumbwaiters, Escalators, Moving Walks, Wheelchair Lifts and Stairway Chair Lifts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Sections E620-11, E620-31, E620-42 and repealer and new section E620-51(b) of subsection (b) filed 6-23-77; effective thirtieth day thereafter (Register 77, No. 26).

2. Amendment of section heading, repealer and new text and Note filed 6-29-94; operative 7-29-94 (Register 94, No. 26).

§3113. Special Elevators.

Note • History

(a) Observation Elevators. Observation elevators installed in unenclosed hoistways shall comply with special requirements described in the following sections in addition to all other applicable requirements of Articles 7, 8, and 9.

(1) Submission of Plans. 3001(a)(3)

(2) Cleaning of Glass and Replacement

of Lamps. 3001(a)(7)

(3) Hoistway Enclosure. 3010(a)(1)

3010(a)(6)

3010(e)

(4) Top Clearance. Cable Elevators 3017(k)(4)

Top Clearance. Hydraulic Elevators 3054(a)(5)(D)

(5) Access Switches. 3021(k)(1)

(6) Emergency Exit. 3034(a)(4)

(7) Car Top Guardrails. 3034(a)(9)

(8) Glass Passenger Car Enclosure. 3034(b)(5)(D)

(9) Safeties. 3035(h)(4)

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

Appendix A

Inspection Fees

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New appendix A filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Repealer filed 11-26-90; operative 12-26-90 (Register 91, No. 2).

Group III. Installations Defined by Section 3000(f) of These Orders. Elevator Installations for Which the Installation Contract Was Signed on or After October 25, 1998, but Before May 1, 2008

Article 20. Hoistways, Hoistway Enclosures, and Related Construction for Electric Elevators

§3120.0. Construction of Hoistways and Hoistway Enclosures.

Note • History

Construction of hoistways and hoistway enclosures shall comply with Section 100 of ASME A17.1-1996; except for Rules 100.1a(3) and 100.1c(3); which is hereby incorporated by reference.

(a) Construction of hoistways and hoistway enclosures shall comply with section 3010(a)(6) and section 3010(d)(2)(B).

(b) Screening of Hoistway.

(1) When two or more elevators are located in the same hoistway, the elevators shall be fully separated by a material complying with the following:

(A) Where unperforated steel is used, it shall be equal to or stronger than 0.0437 in. (1.110 mm) thick steel;

(B) Where wire screen or perforated steel is used it shall be equal to or stronger than 0.0915 in. (2.324 mm) diameter metal grill;

(D) Be so supported and braced that when subjected to a pressure of 100 lb/ft2 (4.79 kPa) applied horizontally at any point, the deflection shall not exceed 1in. (25.4mm).

Note: Screening is subject to local building code requirements.

(Title 24, Part 7, Section 7-3120.0 )

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New group III (articles 20-39), article 20 (sections 3120.0-3120.12) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

2. Amendment of group 3 subheading filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3120.1. Machine Rooms and Machinery Spaces.

Note • History

Machine rooms and machinery spaces shall comply with Section 101 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Machine rooms and machinery spaces shall comply with section 3011(b)(3), section 3011(d)(1)(D), section 3011(e)(2)(D), section 3011(f)(2), section 3011(g), and section 3011(h).

(Title 24, Part 7, Section 7-3120.1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

2. Amendment of subsection (a) filed 5-8-2002; operative 6-7-2002 (Register 2002, No. 19).

§3120.2. Electrical Equipment, Wiring, Pipes, and Ducts in Hoistways, Machine Rooms and Machinery Spaces.

Note • History

Electrical equipment, wiring, pipes, and ducts in hoistways, machine rooms and machinery spaces shall comply with Section 102 of ASME A17.1-1996, except for the reference to ANSI/NFPA 70, which is hereby incorporated by reference.

(a) All electrical equipment and wiring shall comply with CCR, Title 24, Part 3, California State Electrical Code.

(Title 24, Part 7, Section 7-3120.2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.3. Location and Guarding of Counterweights.

Note • History

Location and guarding of counterweights shall comply with Section 103 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) If the counterweight pit guard prevents viewing of the counterweight runby, an opening in the guard shall be provided which will allow verification of the counterweight runby. The opening shall be protected to prevent accidental contact with the moving equipment.

(Title 24, Part 7, Section 7-3120.3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.4. Guarding of Exposed Equipment.

Note • History

Guarding of exposed equipment shall comply with Section 104 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Guarding of exposed equipment shall comply with section 3014(a) and section 3014(b).

(Title 24, Part 7, Section 7-3120.4.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.5. Machinery and Sheave Beams, Supports, and Foundations.

Note • History

Machinery and sheave beams, supports, and foundations shall comply with Section 105 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3120.5.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.6. Pits.

Note • History

(a) Pits shall comply with section 106 of ASME A17.1-1996; except for Rules 106.1(b)(3), 106.1c and 106.1d(2); which is hereby incorporated by reference.

(b) Pits shall comply with section 3016(a), section 3016(c), section 3016(d)(3), section 3016(d)(4), section 3016(d)(5), and section 3016(h).

(c) A water removal system such as a sump pump, suction drain, or gravity drain may be used to address water accumulations on the pit floor pursuant to Rule 1206.2a of ASME A17.1-1996. The water removal system, if provided, shall comply with the following:

(1) Equipment related to the water removal system shall not be located in the pit, elevator hoistway, or machine room;

(2) Piping related to the water removal system shall be located outside the pit and machine room, except that the piping extending from the pit floor to the lowest landing may be installed inside the hoistway.

(3) The water removal system shall not be connected directly to the sewer.

(4) The following shall apply if a drain in the pit floor is used as the water removal system:

(A) The drain shall be designed so that water cannot enter the pit through the drain;

(B) If a sump is provided, the drain shall be in the sump.

(d) Water accumulations shall be removed/pumped from the pit. Authorized personnel shall be present when it is necessary to enter the pit to remove water accumulations.

(e) All elevators installed after October 25, 1998 may be provided with a water removal system that complies with the requirements of section 3120.6(c).

Note: Discharge from the water removal system may be subject to the local authority having jurisdiction.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section142.3, Labor Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

2. Amendment of section and Note filed 7-28-2003; operative 8-27-2003 (Register 2003, No. 31).

3. Amendment of subsection (c) filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3120.7. Bottom and Top Clearances and Runbys for Elevator Cars and Counterweights.

Note • History

Bottom and top clearances and runbys for elevator cars and counterweights shall comply with Section 107 of ASME A17.1-1996; except for Rules 107.1b(1)(a) and 107.1b(1) (b); which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3120.7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.8. Horizontal Car and Counterweight Clearances.

Note • History

Horizontal car and counterweight clearances shall comply with Section 108 of ASME A17.1-1996, except for Rule 108.1e(1)(a), which is hereby incorporated by reference.

(a) The clearance between the edge of the car platform sill and the hoistway enclosure or fascia plate may be increased to not more than 7 1/2 inches for vertically sliding hoistway doors of the pass type or of the heavy duty type requiring special sills for extra wide openings.

Note: Horizontal clearance requirements for Seismic Zone 2 or greater are contained in article 37.

(Title 24, Part 7, Section 7-3120.8.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.9. Protection of Spaces Below Hoistways.

Note • History

Protection of spaces below hoistways shall comply with Section 109 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3120.9.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.10. Protection of Hoistway-Landing Openings.

Note • History

Protection of hoistway-landing openings shall comply with Section 110 of ASME A17.1-1996; except for Rules 110.1 and 110.4b(2); which is hereby incorporated by reference.

(a) Protection of hoistway-landing openings shall comply with section 3020(a)(1), (2), (3)(B) and (4), section 3020(b)(6)(B), and section 3020(b)(9)(C).

(Title 24, Part 7, Section 7-3120.10.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.11. Hoistway-Door Locking Devices, Car Door or Gate Electric Contacts, Hoistway Access Switches, and Elevator Parking Devices.

Note • History

Hoistway-door locking devices, car door or gate electric contacts, hoistway access switches and elevator parking devices shall comply with Section 111 of ASME A17.1-1996; except for Rules 111.9a, 111.9d, 111.9e and 111.10; which is hereby incorporated by reference.

(a) Prior to installation, hoistway door locking devices shall be approved by the Division, pursuant to section 3120.11. Approval criteria are specified in section 3110.

(b) Hoistway access switches shall comply with section 3021(k)(1), excluding the exception, and section 3021(k)(2)(B).

(Title 24, Part 7, Section 7-3120.11.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3120.12. Power Operation, Power-Opening and Power-Closing of Hoistway Doors and Car Doors or Gates.

Note • History

Power operation, power-opening, and power-closing of hoistway doors and car doors or gates shall comply with Section 112 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3120.12.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 21. Machinery and Equipment for Electric Elevators

§3121.0. Car and Counterweight Guide Rails, Guide-Rail Supports and Fastenings.

Note • History

Car and counterweight guide rails, guide-rail supports and fastenings shall comply with Section 200 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Guide rail supports and fastenings shall comply with section 3030(k)(3).

(b) Where slots are used for adjustment of the distance between guide rails, the brackets shall be secured in their final position by a bolt not less than 3/8 inch diameter or by welding.

(Title 24, Part 7, Section 7-3121.0.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 21 (sections 3121.0-3121.14) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.1. Buffers and Bumpers.

Note • History

Buffers and bumpers shall comply with Section 201 of ASME A17.1-1996, except for Rule 201.4h, which is hereby incorporated by reference.

(a) Buffers and bumpers shall comply with section 3031(j)(3) and section 3031(o)(2).

(b) Prior to installation, oil buffers installed shall be approved by the Division, pursuant to section 3121.1. Approval criteria are specified in section 3108(f).

(Title 24, Part 7, Section 7-3121.1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.2. Counterweights.

Note • History

Counterweights shall comply with Section 202 of ASME A17.1-1996, which is hereby incorporated by reference, and with Section 3032(b)(2).

(Title 24, Part 7, Section 7-3121.2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.3. Car Frames and Platforms.

Note • History

Car frames and platforms shall comply with Section 203 of ASME A17.1-1996, which is hereby incorporated by reference and with section 3033(a) and section 3033(i)(3).

(Title 24, Part 7, Section 7-3121.3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.4. Car Enclosures, Car Doors and Gates, and Car Illumination.

Note • History

Car enclosures, car doors and gates, and car illumination shall comply with Section 204 of ASME A17.1-1996, except for Rule 204.1e(2), which is hereby incorporated by reference.

(a) Car enclosures, car doors and gates, and car illumination shall comply with section 3034(a)(3), section 3034(a)(4)(D), section 3034(a)(9), section 3034(b)(3), and section 3034(b)(5).

(b) Collapsible type car gates are prohibited.

(Title 24, Part 7, Section 7-3121.4.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.5. Car and Counterweight Safeties.

Note • History

Car and counterweight safeties shall comply with Section 205 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Prior to installation, car and counterweight safeties shall be approved by the Division, pursuant to section 3121.5. Approval criteria are specified in section 3106(b).

(b) Car and counterweight safeties shall comply with section 3035(c)(6) and section 3035(n)(4).

(Title 24, Part 7, Section 7-3121.5.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.6. Speed Governors.

Note • History

Speed governors shall comply with Section 206 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Prior to installation, speed governors shall be approved by the Division, pursuant to section 3121.6. Approval criteria are specified in section 3105(b).

(b ) Speed governors shall comply with section 3036(h)(3) and section 3036(h)(4).

(Title 24, Part 7, Section 7-3121.6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.7. Capacity and Loading.

Note • History

Capacity and loading shall comply with Section 207 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3121.7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.8. Driving Machines and Sheaves.

Note • History

Driving machines and sheaves shall comply with Section 208 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3121.8.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.9. Terminal Stopping Devices.

Note • History

Terminal stopping devices shall comply with Section 209 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3121.9.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.10. Operating Devices and Control Equipment.

Note • History

Operating devices and control equipment shall comply with Section 210 of ASME A17.1-1996, except for Rule 210.4(a), which is hereby incorporated by reference.

(a) Operating devices and control equipment shall comply with section 3040(a)(5)(F) , section 3040(a)(7), and section 3040(f)(7).

(b) Operating devices and control equipment shall comply with the following:

(1) Elevators with static control shall be tested for susceptibility to both radiated and conducted electromagnetic interference (EMI) that can be expected to occur in normal field operation so as not to render ineffective the electrical protective devices required in section 3121.10.

(2) Elevator controls shall comply with the following when a key operated in the car stop switch is provided:

(A) The controls shall be arranged so that the car will not move, level, or advance start, unless the hoistway door(s) and the car door(s) are in the closed position, except for the required releveling or anti-creep.

(B) The car door contacts shall be adjusted so that the closed position of the car door is one inch or less.

(Title 24, Part 7, Section 7-3121.10.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.11. Emergency Operation and Signaling Devices.

Note • History

Emergency operation and signaling devices shall comply with Section 211 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Medical Emergency Service. Medical emergency service shall comply with section 3041(e).

Note: Earthquake requirements are in Article 37.

(Title 24, Part 7, Section 7-3121.11.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.12. Suspension Ropes and Their Connections.

Note • History

Suspension ropes and their connections shall comply with Section 212 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3121.12.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.13. Welding.

Note • History

Welding requirements shall comply with Section 213 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3121.13.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3121.14. Layout Data.

Note • History

Layout data shall comply with Section 214 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3121.14.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 22. Hydraulic Elevators

§3122.0. Hoistways, Hoistway Enclosures, and Related Construction.

Note • History

Hoistways, hoistway enclosures and related construction shall comply with section 300 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Machine rooms and machinery spaces shall comply with sections 3011(d)(1)(D), 3050(b)(7) and 3050(b)(8).

(b) Electrical equipment, wiring, pipes and ducts in hoistways, machine rooms and machinery spaces shall comply with section 3120.2.

(d) Pits shall comply with section 3120.6.

(e) The horizontal clearance between the enclosure and any side of the car top that is not protected by guide rails shall be not more than 24 inches.

(f) Protection of hoistway landing openings shall comply with section 3120.10(a).

(g) Hoistway-door locking devices, car door and gate electric contacts, hoistway access switches, and elevator parking devices shall comply with section 3120.11(a) and section 3120.11(b).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 22 (sections 3122.0-3122.8) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

2. Amendment of subsection (a) filed 5-8-2002; operative 6-7-2002 (Register 2002, No. 19).

3. Amendment of section and Note filed 7-28-2003; operative 8-27-2003 (Register 2003, No. 31).

§3122.1. Mechanical Equipment.

Note • History

Mechanical equipment shall comply with Section 301 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Car and counterweight guide rails, guide rail supports and fastenings shall comply with section 3121.0(a) and section 3121.0(b).

(b) Buffers and bumpers shall comply with section 3121.1(a) and section 3121.1(b). The average retardation for a buffer or bumper shall not be greater than 32.2 ft./sec2 (1g).

(d) Car and counterweight safeties shall comply with section 3121.5(a) and section 3121.5(b).

(e) Speed governors shall comply with Section 3121.6.

(f) Plunger engaging safety devices for direct plunger hydraulic elevators, when used, shall comply with Section 3065.

(Title 24, Part 7, Section 7-3122.1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

2. Change without regulatory effect adding subsection (f) filed 12-28-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 52).

§3122.2. Hydraulic Machines.

Note • History

Driving machines shall comply with Section 302 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3122.2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3122.3. Valves, Supply Piping, and Fittings.

Note • History

Valves, supply piping, and fittings shall comply with Section 303 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3122.3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3122.4. Hydraulic Machines, Tanks.

Note • History

Tanks shall comply with Section 304 of ASME A17.1-1996, except for Rule 304.4, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3122.4.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3122.5. Terminal Stopping Devices.

Note • History

Terminal stopping devices shall comply with Section 305 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3122.5.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3122.6. Operating Devices and Control Equipment.

Note • History

Operating devices and control equipment shall comply with Section 306 of ASME A17.1-1996, except Rule 306.6(a), which is hereby incorporated by reference.

(a) Operating devices and control equipment shall comply with section 3121.10(a) and section 3121.10(b).

(b) Medical emergency service shall comply with section 3121.11(a).

Note: Earthquake requirements are in Article 37.

(Title 24, Part 7, Section 7-3122.6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3122.7. Counterweights Ropes, Rope Connections, and Sheaves.

Note • History

Counterweight ropes, rope connections, and sheaves shall comply with Section 307 of ASME A17.1-1996, which is hereby incorporated by reference

(Title 24, Part 7, Section 7-3122.7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3122.8. Layout Data.

Note • History

Layout data shall comply with Section 308 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3122.8.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 23. Power Sidewalk Elevators

§3123. Power Sidewalk Elevators.

Note • History

Power sidewalk elevators shall comply with Part IV of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Power side walk elevators shall comply with sections 3120.1(a), 3120.2, 3120.6(a), 3120.8(a), and 3120.10(a) as these sections apply to freight elevators; and sections 3120.11(a), 3121.1(b), 3121.5(a), 3121.6(a), and 3121.10(b).

(Title 24, Part 7, Section 7-3123.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 23 (section 3123) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 24. Hand Elevators

§3124. Hand Elevators.

Note • History

Hand elevators shall comply with Part VI of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Hand elevators shall comply with section 3120.2.

(Title 24, Part 7, Section 7-3124.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 24 (section 3124) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 25. Hand and Power Dumbwaiters

§3125. Hand and Power Dumbwaiters.

Note • History

Hand and power dumbwaiters shall comply with Part VII of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Hand and power dumbwaiters shall comply with Sections 3120.2 and 3079(c)(1).

(Title 24, Part 7, Section 7-3125.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 25 (section 3125) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 26. Escalators

§3126.0. Protection of Floor Openings.

Note • History

Protection of floor openings shall comply with Section 800 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3126.0.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 26 (sections 3126.0-3126.7) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3126.1. Protection of Supports and Machine Spaces Against Fire.

Note • History

Protection of supports and machine spaces against fire shall comply with Section 801 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3126.1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3126.2. Construction Requirements.

Note • History

Construction requirements shall comply with Section 802 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) The escalator balustrade may be provided with brushes or sideplates between the balustrade skirt and the step to guard against entrapment of foot, finger, clothing, shoe, sneakers, etc.

(1) The rigid mounting assembly for the brushes (brush carrier) affixed to the skirt panel shall project no more than 3/4 of an inch from the balustrade skirt surface.

(2) The Division shall inspect the installation and operation of the brushes/sideplates for entanglement, entrapment, shearing, or tripping hazards before the escalator is placed in service.

(Title 24, Part 7, Section 7-3126.2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3126.3. Rated Speed.

Note • History

The rated speed of an escalator shall comply with Section 803 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3126.3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3126.4. Driving Machine, Motor, and Brake.

Note • History

The driving machine, motor and brake shall comply with Section 804 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3126.4.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3126.5. Operating and Safety Devices.

Note • History

Operating and safety devices shall comply with Section 805 of ASME A17.1-1996, except for Rule 805.3n(1), which is hereby incorporated by reference.

(a) Means shall be provided to open the power circuit to the escalator driving machine motor and brake if a horizontal force exceeding 400 lb/ft is applied in the direction of travel at either side, or exceeding 800 lb/ft at the center of the front edge of the combplate.

(Title 24, Part 7, Section 7-3126.5.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3126.6. Lighting, Access, and Electrical Work.

Note • History

Lighting, access, and electrical work shall comply with Section 806 of ASME A17.1-1996, except Rule 806.4(a), which is hereby incorporated by reference.

(a) All electrical equipment and wiring shall comply with the California Code of Regulations, Title 24, Part 3, California State Electrical Code.

(b) The building owner or responsible party shall provide a competent person to assist the Division's representative, where step removal is required, to gain access to the drive unit, brakes, or safety devices required by Section 3126.4. and Section 3126.5.

(Title 24, Part 7, Section 7-3126.6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3126.7. Outdoor Escalators.

Note • History

Outdoor escalators shall comply with Section 807 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3126.7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 27. Moving Walks

§3127.0. Protection of Floor Openings.

Note • History

Protection of floor openings shall comply with Section 900 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3127.0.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 27 (sections 3127.0-3127.7) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3127.1. Protection of Supports and Machine Space Against Fire.

Note • History

Protection of supports and machine spaces against fire shall comply with Section 901 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3127.1.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3127.2. Construction Requirements.

Note • History

Construction requirements shall comply with Section 902 of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Moving walks with balustrade skirt panels may be provided with brushes between the balustrade skirt and the treadway to guard against entrapment of foot, finger, clothing, shoe, sneakers, etc.

(1) The rigid mounting assembly for the brushes (brush carrier) affixed to the skirt panel shall project no more than 3/4 of an inch from the balustrade skirt surface.

(2) The Division shall inspect the installation and the operation of the brushes for entanglement, entrapment, shearing, or tripping hazards before the moving walk is placed in service.

(Title 24, Part 7, Section 7-3127.2.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3127.3. Rated Speed.

Note • History

The rated speed of a moving walk shall comply with Section 903 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3127.3.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3127.4. Driving Machine, Motor, and Brake.

Note • History

The driving machine, motor, and brake shall comply with Section 904 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3127.4.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3127.5. Operating and Safety Devices.

Note • History

Operating and safety devices shall comply with Section 905 of ASME A17.1-1996, except for Rule 905.3k(1), which is hereby incorporated by reference.

(a) Means shall be provided which will cause the opening of the power circuit to the escalator driving machine motor and brake if a horizontal force exceeding 400 lb/ft in the direction of travel is applied at either side, or exceeding 800 lb/ft at the center of the front edge of the combplate.

(Title 24, Part 7, Section 7-3127.5.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3127.6. Lighting, Access, and Electrical Work.

Note • History

Lighting, access, and electrical work shall comply with Section 906 of ASME A17.1-1996, except for Rule 906.4(a), which is hereby incorporated by reference.

(a) All electrical equipment and wiring shall comply with the California Code of Regulations, Title 24, Part 3, California State Electrical Code.

(b) The building owner or responsible party shall provide a competent person to assist the Division's representative, when necessary, to gain access to the drive unit, brakes, or safety devices required by Section 905 of ASME A17.1-1996, except Rule 905.3k(1), which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3127.6.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

§3127.7. Outdoor Moving Walks.

Note • History

Outdoor moving walks shall comply with Section 907 of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3127.7.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 28. Periodic and Acceptance Inspections and Tests

§3128. Periodic and Acceptance Inspections and Tests.

Note • History

Periodic and acceptance inspections and tests shall comply with Part X of ASME A17.1-1996; except for Rules 1001.1, 1004.1, 1005.3b, 1010.2, 1010,8, 1010.11, 1010.13, and section 1011; which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3128.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 28 (section 3128) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 29. Engineering and Type Tests

§3129. Engineering and Type Tests.

Note • History

Engineering and type tests shall comply with Part XI of ASME A17.1-1996; except for sections 1102 and 1104; which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3129.)

NOTE

Authority Cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 29 (section 3129) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 30. Design Date and Formulas

§3130. Design Data and Formulas.

Note • History

Design data and formulas shall comply with Part XIII of ASME A17.1-1996, which is hereby incorporated by reference.

(Title 24, Part 7, Section 7-3130.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 30 (section 3130) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 31. Material Lifts and Dumbwaiters With Automatic Transfer Devices

§3131. Material Lifts and Dumbwaiters with Automatic Transfer Devices.

Note • History

Material lifts and dumbwaiters with automatic transfer devices shall comply with Part XIV of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Material lifts and dumbwaiters with automatic transfer devices shall comply with Section 3120.2.

(Title 24, Part 7, Section 7-3131.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 31 (section 3131) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 32. Special-Purpose Elevators

§3132. Special-Purpose Elevators.

Note • History

Special-purpose elevators shall comply with Part XV of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Special purpose elevators shall comply with section 3120.2, section 3120.11(a), section 3121.1(b), section 3121.5(a) and section 3121.6(a). or Code.

(Title 24, Part 7, Section 7-3132.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 32 (section 3132) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 33. Rack and Pinion Elevators

§3133. Rack and Pinion Elevators.

Note • History

Rack and pinion elevators shall comply with Part XVI of ASME A17.1-1996, except for Rule 1600.3, which is hereby incorporated by reference.

(a) Rack and pinion elevators shall comply with sections 3120.2, 3120.11(a), and 3121.1(b).

(b) Rack and pinion elevators shall comply with section 3120.1(a), if the machine room and/or machinery space is a separate room and/or space.

(Title 24, Part 7, Section 7-3133.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 33 (section 3133) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 34. Inclined Elevators

§3134. Inclined Elevators.

Note • History

Inclined elevators shall comply with Part XVII of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Inclined elevators shall comply with section 3120.2, section 3120.11(a), and section 3121.1(b); and if applicable, section 3121.5(a) and section 3121.6(a).

(Title 24, Part 7, Section 7-3134.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 34 (section 3134) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 35. Screw Column Elevators

§3135. Screw Column Elevators.

Note • History

Screw column elevators shall comply with Part XVIII of ASME A17.1-1996, which is hereby incorporated by reference.

(a) Screw column elevators shall comply with section 3120.1(a) if the machine room and/or machinery space is in a separate room and/or space.

(b) Screw column elevators shall comply with section 3120.2, section 3120.11(b), and section 3121.1(c); and if applicable, section 3121.5(b) and section 3121.6(b).

(Title 24, Part 7, Section 7-3135.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 35 (section 3135) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 36. Special Access Elevators and Special Access Lifts

§3136. Special Access Elevators and Special Access Lifts.

Note • History

Special access elevators and special access lifts shall comply with Group II, Article 15, of the Elevator Safety Orders, commencing with Section 3093.

(Title 24, Part 7, Section 7-3136.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 36 (section 3136) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

2. Amendment of article 36 heading, section heading and section filed 8-29-2001; operative 9-28-2001 (Register 2001, No. 35).

Article 37. Seismic Requirements

§3137. Seismic Requirements for Elevators, Escalators and Moving Walks.

Note • History

Elevators shall comply with the seismic requirements for elevators in Part XXIV of ASME A17.1-1996, except for Rule 2409.1b(1), which is hereby incorporated by reference.

(a) Earthquake protective devices shall be designed, arranged, and maintained to ensure that if any component fails, the elevator will go into the earthquake-sensed mode and be removed from service in the same manner as though an earthquake were occurring, and that the elevator will so remain until the faulty component has been repaired and the system is again arranged to work as intended.

(b) For hospital buildings, the earthquake sensing device shall activate upon excitation in a horizontal or vertical direction of not more than 0.5 g.

(c) Earthquake protection devices shall be arranged to be checked once a year for satisfactory operation and shall be calibrated at intervals recommended by the manufacturer.

(d) The following requirements apply to escalators and moving walks and are in addition to the requirements contained in other parts of this code:

(1) Connections which join the escalator or moving walk to the building shall be designed for seismic loads of 0.5g in both principal horizontal directions.

(2) The design connections shall provide for maximum design story drift.

(A) Seismic restraint shall be provided. Where seismic restraint is provided at one end, the design shall account for torsion. All other supports shall be free to slide in the longitudinal direction. Where seismic restraint is provided at both ends which allows some degree of longitudinal and transverse motion, additional means shall be provided to prevent the upper ends of the truss from slipping off the building support. All other supports shall be free to slide sufficiently in the longitudinal direction to accommodate the remainder of the design story drift.

(B) At the sliding end or ends, the width or widths of the beam seat shall be capable of accommodating, without damage, at least two times the current code allowable story drift (see Title 24, Chapter 16A, Section 1628A.8) in both tensile and compressive modes.

(C) Seismic restraint shall be provided in the transverse direction at all supports. Intermediate supports, if any, shall be free to move laterally in all directions. The gap between the escalator truss and the seismic restraint shall not exceed 1/4 inch on each side.

(3) The handrail supports shall be designed to resist a lateral load of 50 lb/ft applied at the top of the handrail. In balustrades which contain glass, the glass shall not be part of the structural support system of the handrail unless documentation can be presented, to the Division, to verify the glass used in support can withstand the stresses occurring during an earthquake.

(4) A minimum of one seismic switch shall be provided in every building in which an escalator or moving walk is installed.

(A) The seismic switch shall activate according to manufacturer specifications at a level and direction established by the escalator/moving walk manufacturer and a California registered professional engineer.

(B) Activation of the seismic switch shall remove power from the escalator or moving walk and apply the brake.

(C) Where a seismic switch is used exclusively to control the escalator or moving walk, it shall be located in an escalator or moving walk machine room and where possible shall be mounted adjacent to a vertical load-bearing structural member.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 37 (section 3137) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

2. Amendment of article heading, subsections (d)(2)(C) and (d)(4)(C) and Note filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Article 38. Hand Power Man Platforms

§3138. Hand Power Man Platforms.

Note • History

Hand power man platforms shall comply with Group II, Article 16.

(Title 24, Part 7, Section 7-3138.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 38 (section 3138) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Article 39. Manlifts

§3139. Manlifts.

Note • History

Manlifts shall comply with Group II, Article 17.

(Title 24, Part 7, Section 7-3139.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. New article 39 (section 3139) and section filed 9-25-98; operative 10-25-98 (Register 98, No. 39).

Group IV. Conveyance Installations for Which the Installation Contract Was Signed on or After May 1, 2008

Article 40. Application

§3140. Application.

Note • History

(a) Group IV governs the design, erection, construction, installation, service, and operation of conveyances as defined in Section 7300.1 of the Labor Code, for which the installation contract was signed on or after May 1, 2008.

(b) Use and Precedence of Orders.

(1) The reference to ASME A17.1-2004, Safety Code for Elevators and Escalators, developed by the American Society of Mechanical Engineers, shall mean the 2004 edition, and shall be referred to as ASME A17.1-2004, unless otherwise indicated.

(2) The reference to ASME A18.1-2003, Safety Standard for Platform Lifts and Stairway Chairlifts, developed by the American Society of Mechanical Engineers, shall mean the 2003 edition, and shall be referred to as ASME A18.1-2003, unless otherwise indicated.

(3) The reference to ASCE 21, Automatic People Movers, developed by the American Society of Civil Engineers, shall mean ASCE 21, Part 1, 1996 edition; Part 2, 1998 edition; and Part 3, 2000 edition; and shall be referred to as ASCE 21, Parts 1, 2, and 3, unless otherwise indicated.

(4) The Elevator Safety Orders shall apply if any difference exists between the Elevator Safety Orders and ASME A17.1-2004; ASME A18.1-2003; and ASCE 21, Part 1, 1996 edition, Part 2, 1998 edition, and Part 3, 2000 edition; or any other code, document or standard referenced in ASME A17.1-2004; ASME A18.1-2003; and ASCE 21, Part 1, 1996 edition, Part 2, 1998 edition, and Part 3, 2000 edition.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New group IV (articles 40-44, sections 3140-3146), article 40 (section 3140) and section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Article 41. Conveyances Covered by ASME A17.1-2004

§3141. Scope.

Note • History

Conveyances covered by ASME A17.1-2004, section 1.1, Scope, and Article 41 of Title 8 shall comply with ASME A17.1-2004, Safety Code for Elevators and Escalators, except sections 1.1.3, 2.2.2.5, 2.7.6, 2.11.1.2, 2.11.1.4, 2.12.6, 2.14.2.2(f), and 2.14.2.6; apart from these exceptions, ASME A17.1-2004 is hereby incorporated by reference.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New article 41 (sections 3141-3141.13) and section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.1. Maintenance, Repair, and Replacement.

Note • History

Maintenance, repairs, and replacements of conveyances shall comply with ASME A17.1-2004, section 8.6.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.2. Alterations.

Note • History

(a) Alterations made to conveyances shall comply with ASME A17.1-2004, section 8.7.

(b) When alterations are made pursuant to ASME A17.1-2004, section 8.7, conveyances shall comply with ASME A17.1-2004, section 8.4.

(1) When alterations are made pursuant to ASME A17.1-2004, sections 8.7.2.27.4, 8.7.2.27.5, or 8.7.2.27.6, conveyances shall comply with ASME A17.1-2004, section 8.4.10.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.3. Static Controls.

Note • History

(a) The installation of static controls shall comply with the requirements of ASME A17.1-2004 applicable to the conveyance involved.

(b) The Certified Qualified Conveyance Company (CQCC) installing static controls shall provide the Division with verification that the control complies with the requirements of ASME A17.1-2004. This information shall be in the form of:

(1) Electrical schematic diagrams or block diagrams of the control and safety circuits; and

(2) A written check-off procedure and demonstration of safety and speed control circuits at the time of the initial inspection.

(c) The results of the Electromagnetic Interference (EMI) testing required by ASME A17.1-2004 shall be submitted to the Division for review. The test shall include any wireless communication system used.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.4. Acceptance Inspections and Tests.

Note • History

(a) Acceptance inspections and tests shall comply with the parts of ASME A17.1-2004, section 8.10, that are applicable to the type of conveyance installed or altered.

(b) Private residential conveyances installed, or that have undergone major alterations, located in a multi-unit residential building serving no more than two dwelling units and not accessible to the public, shall be inspected for safety and compliance with applicable provisions in ASME A17.1-2004, sections 5.3 and 5.4, in addition to the acceptance inspections and tests specified in section 3141.4(a).

NOTE

Authority cited: Sections 142.3, 7317 and 7323, Labor Code. Reference: Sections 142.3, 7317 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.5. Periodic Inspections.

Note • History

Periodic inspections shall comply with ASME A17.1-2004, section 8.11, except section 8.11.1.1, applicable to the type of conveyance inspected.

Exception: Conveyances addressed in section 3141.4(b) are not subject to periodic inspections.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.6. Periodic Tests.

Note • History

(a) Periodic testing shall comply with the parts of ASME A17.1-2004, section 8.11, that are applicable for the type of conveyance involved with the following frequencies:

(1) Category One Tests shall be completed once every 12 months;

(2) Category Three Tests shall be completed once every 36 months; and

(3) Category Five Tests shall be completed once every 60 months.

(b) Whenever a Category One Test is performed, the test procedure shall include earthquake protective devices in addition to the items specified by ASME A17.1-2004, section 8.11.

(c) Test tags per ASME A17.1-2004, section 8.11.1.6, are required. Tags shall be installed in a machinery space when machine rooms are not available.

(d) Periodic tests shall be conducted by a Certified Competent Conveyance Mechanic (CCCM) employed by a Certified Qualified Conveyance Company (CQCC).

(e) Periodic tests shall be witnessed, as required by ASME A17.1-2004, section 8.11.1.1.2, by a Certified Competent Conveyance Inspector (CCCI) or by a Division CCCI. Periodic tests witnessed by a CCCI shall be reported to the Division by the CCCI on a form provided by the Division, or equivalent, within 21 days of the test. The information required to be reported shall include:

(1) The name of the CCCI witnessing the test;

(2) Type of test performed as contained in ASME A17.1-2004, section 8.11;

(3) Name of the CQCC and CCCM who performed the test;

(4) The date of the test; and

(5) Results of the test.

(f) All statements on the form shall be made under penalty of perjury.

(g) If an elevator fails a periodic test, it shall be removed from service until a satisfactory test result is achieved.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.7. General Requirements.

Note • History

(a) Conveyances shall comply with the following general requirements:

(1) Hoistway door unlocking devices described in ASME A17.1-2004, section 2.12.6, are prohibited on all conveyances;

(2) Emergency doors in blind hoistways as described in ASME A17.1-2004, section 2.11.1.2, and access panels as described in ASME A17.1-2004, section 2.11.1.4, are prohibited;

(3) All electrical equipment and wiring shall comply with CCR, Title 24, Part 3, California Electrical Code in effect at the time of installation;

(A) The light switch shall be located inside the machine room on the strike side of the machine room door;

(B) The light switch shall be located adjacent to the elevator pit access door within 18 inches to 36 inches above the access landing when access to the elevator pit is through the lowest landing door;

(C) Fire detecting systems for hoistways and the necessary wiring may be installed in hoistways, provided that the system is arranged to be serviced and repaired from outside the hoistway;

(4) The dimension specified as 4 inches by ASME A17.1-2004, section 2.1.6.2, shall be 2 inches. The maximum permissible distance for freight elevators that are not equipped with horizontal swinging doors and that are not accessible to the general public is 6 inches instead of 6.5 inches as specified by ASME A17.1-2004, section 2.14.4.5.1(d);

(5) Door locking devices, oil buffers, car and counterweight safety devices, speed governors, and plunger engaging safety devices (plunger gripper) shall be approved by the Division based on the criteria contained in ASME A17.1-2004, sections 2.12, 2.17, 2.18, 2.22.4, and 3.17.3; and Group II, sections 3105(b), 3106(b), 3108(f), and 3110(a);

(6) An audible signaling device complying with ASME A17.1-2004, section 2.27.1.2, shall be provided on all conveyances regardless of the existence of an emergency stop switch;

(7) The car shall be capable of moving only one floor to re-establish absolute car position upon resumption of power (normal, emergency, or standby), instead of the unspecified number of floors allowed by ASME A17.1-2004, section 2.27.3.4.

(8) Counterweight guards addressed in ASME A17.1-2004, section 2.3.2.2(e), if perforated, shall reject a 1/2 inch ball;

(9) The speed governor and safety marking plates shall contain the manufacturer's model number;

(10) A reduced diameter governor rope of equivalent construction and material to that required by ASME A17.1-2004 is permissible if the factor of safety as related to the strength necessary to activate the safety is 5 or greater;

(11) Scissor type collapsible gates are prohibited;

(12) The guarding of counterweights in a multiple-elevator hoistway shall comply with Group II, section 3013(c)(1);

(13) Water removal systems used to address the accumulation of water in pits shall comply with Group III, section 3120.6(c) and section 3120.6(d);

(14) Elevators in jails and penal institutions are exempt from the requirements related to the installation of fire fighters' emergency operation where the recall of elevators will interfere with security;

(15) Guarding of exposed equipment shall comply with Group II, section 3014;

(16) Partitions not less than 6 feet (1.83 m) high from the pit floor shall be provided between the pits of adjacent hoistways;

(A) If openings are provided in the partition, they shall reject a 2-inch ball;

(B) The partitions may be omitted if the clearance between the underside of the car sling when resting on a fully compressed buffer and the bottom of the pit is not less than 7 ft. (2.13 m);

(17) Looped pull straps are prohibited; and

(18) Access switches described in ASME A17.1-2004, section 2.12.7, are required regardless of the rated speed and shall be installed in the hoistway entrance frame or within 12 inches of the entrance frame and not less than 36 inches (914 mm) nor more than 78 inches (1.98 m) above floor level.

(b) Medical Emergency Service.

Elevators utilized to provide medical emergency service shall comply with Group II, section 3041(e).

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.8. Electric Conveyances.

Note • History

Electrical conveyances shall comply with the following:

(a) A means of access to the governor from outside the hoistway as required by ASME A17.1-2004, section 2.1.3.1.2(b)(1), is not required provided that:

(1) The governor can be inspected and serviced from the top of the car, and the governor can be tripped for testing from outside the hoistway;

(2) The governor can be reset automatically when the car is moved in the up direction or the governor can be reset from outside the hoistway;

(3) There is a mechanical means to secure the car during governor or governor rope replacement or removal, and signs requiring that the car be secured before removal of the governor rope are clearly visible and located in the vicinity of the governor. Instructions in the use of this means shall be available on site for use by a CCCM;

(4) It is not possible to reset the governor switch from inside the hoistway;

(5) Additional permanent lighting of not less than 5 footcandles and a switch for the lighting shall be provided in the governor area; and

(6) Written procedures for testing, servicing, maintaining, and inspecting the governor shall be developed and made available to the CQCC providing the service on the elevator and upon request to the Division.

(b) A hoistway is not required to have a floor above it per ASME A17.1-2004, section 2.1.3.1.1, if there is no machine room or other room above the hoistway that requires entry to perform functions such as maintenance, inspections, estimates by consultants, etc.

(c) A stop switch complying with section 2.26.2.5(a) through (c) of ASME A17.1-2004 shall be placed at a readily accessible location adjacent to the elevator driving machine if the driving machine is located in the hoistway.

(d) A car top emergency exit shall not be permitted on an elevator installed in a partially enclosed hoistway.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.9. Limited-Use/Limited-Application Conveyances.

Note • History

Limited-use/limited-application conveyances shall comply with ASME A17.1-2004, section 5.2.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.10. Conveyances Used for Construction.

Note • History

(a) Conveyances used for construction covered in ASME A17.1-2004, section 5.10, shall comply with the following:

(1) A trained and authorized person shall be stationed at, and operate the controls in, the elevator car at all times while the elevator is accessible and available for use. Training shall include at least conveyance operation and emergency procedures such as entrapment, elevator fire, earthquake conditions, or other emergency procedures associated with conveyance operations.

(2) There shall be an effective means of two-way voice communication between the operator and a second person at a different location on the jobsite available at all times while the elevator is staffed by an operator.

(3) There shall be an effective means of two-way voice communication (wired or wireless) between the conveyance operator and all hall landings. A separate communication system shall be provided at each landing and be operable at all times while the elevator is in use, i.e., an annunciator next to the operator's station in the car, which can be activated from the landings.

(4) An emergency plan and procedure to include items such as entrapment, elevator fire, earthquake conditions, or other emergency procedures associated with conveyance operations shall be developed and made available to the Division during any inspection.

(5) When permanent doors are installed, approved interlocks shall be provided.

(6) A durable sign with lettering not less than 1/2 inch on a contrasting background shall be conspicuously posted inside the elevator car indicating that:

(A) The conveyance is for construction use only.

(B) The conveyance shall be operated only by an authorized person.

(7) Durable signs with lettering not less than 1/2 inch on a contrasting background shall be conspicuously posted at all landings instructing the elevator user how to summon the conveyance.

(8) The conveyance shall be parked and secured against unauthorized access after working hours.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.11. Escalators.

Note • History

Escalators shall comply with ASME A17.1-2004, section 6.1, and with Group III, section 3126.6(b).

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.12. Moving Walks.

Note • History

Moving walks shall comply with ASME A17.1-2004, section 6.2, and with Group III, section 3127.6(b).

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3141.13. Seismic Requirements.

Note • History

(a) Conveyances shall comply with the seismic requirements in ASME A17.1-2004, section 8.4, and with Group III, sections 3137(a) and 3137(b).

(b) Escalators covered by ASME A17.1-2004 shall comply with the seismic requirements in Group III, section 3137(d).

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Article 42. Conveyances Covered by ASME A18.1-2003

§3142. General Requirements.

Note • History

(a) Conveyances covered by ASME A18.1-2003, section 1.1, Scope, and Article 42 of Title 8 shall comply with ASME A18.1-2003, Safety Standard for Platform Lifts and Stairway Chairlifts, which is hereby incorporated by reference, and the following:

(1) Group II, sections 3094.2(r) and 3094.5.

(2) Power doors shall comply with ANSI/BHMA A156.19-1997, American National Standard for Power Assist and Low Energy Power Operated Doors, which is hereby incorporated by reference.

(b) Acceptance inspections and tests shall comply with ASME A18.1-2003, section 10.4, that are applicable to the type of elevator installed or altered.

(d) Periodic tests shall comply with section 3141.6(c), (e), and (f) and ASME A18.1-2003, section 10.3.

(e) Periodic tests shall be witnessed by a Certified Competent Conveyance Inspector (CCCI) or a Division CCCI. Periodic tests witnessed by a CCCI shall be reported to the Division by the CCCI on a form provided by the Division, or equivalent, within 21 days of the test. The information required to be reported shall include:

(1) The name of the CCCI witnessing the test;

(2) Type of test performed;

(3) Name of the CQCC and CCCM who performed the test;

(4) The date of the test; and

(5) Results of the test.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New article 42 (sections 3142-3142.2) and section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3142.1. Vertical Platform Lifts.

Note • History

Vertical platform lifts shall comply with ASME A18.1-2003, sections 2 and 5, which is hereby incorporated by reference, and with Group II, sections 3094.2(d), 3094.2(e), 3094.2(g), and 3094.2(p).

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3142.2. Inclined Platform Lifts.

Note • History

Inclined platform lifts shall comply with ASME A18.1-2003, sections 3 and 6, which is hereby incorporated by reference, and with Group II, sections 3094.3(e), 3094.3(f), 3094.3(g), and 3094.3(h), except 3094.3(h)(2) and with Sections 3094.3(j) and 3094.3(k).

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Article 43. Automated Guided Transit Vehicles with an Exclusive Right-of-Way

§3143. Automated People Movers.

Note • History

Automated people mover conveyances shall comply with ASCE 21, Part 1 (1996), Part 2 (1998), and Part 3 (2000), Automated People Mover Standards, which are hereby incorporated by reference.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New article 43 (section 3143) and section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Article 44. Hand Power Man Platforms, Manlifts, and Vertical and Inclined Reciprocating Conveyors

§3144. Hand Power Man Platforms.

Note • History

Hand power man platforms shall comply with Group II, Article 16.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New article 44 (sections 3144-3146) and section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3145. Manlifts.

Note • History

Manlifts shall comply with Group II, Article 17.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

§3146. Vertical and Inclined Reciprocating Conveyors.

Note • History

Vertical and inclined reciprocating conveyors shall comply with Group II, Article 12.5.

NOTE

Authority cited: Sections 142.3 and 7323, Labor Code. Reference: Sections 142.3 and 7323, Labor Code.

HISTORY

1. New section filed 4-1-2008; operative 5-1-2008 (Register 2008, No. 14).

Subchapter 6.1. Passenger Tramway Safety Orders

Article 1. Administrative Regulations

§3150. General Provisions.

Note • History

(a) Application. These safety orders are applicable to all passenger tramways operated in the State of California.

(1) Passenger tramways existing at the time of the effective date of these orders shall be brought into compliance by April 22, 1995.

Exception to Section 3150(a)(1): Lifts designed and installed prior to January 1, 1989 provided the plans for the lifts were submitted and accepted by the Division.

Note: All lifts shall comply with the “Operation and Maintenance” standards of these orders.

(2) These orders shall not include lumber or freight handling aerial tramways or hand powered tramways.

(b) Major Alterations. A major alteration shall be defined as one that is a change in:

(1) The design speed of the system; or

(2) The capacity by changing the number of carriers, spacing of carriers, or load capacity of carriers; or

(3) The path of the rope; or

(4) The type of brakes and/or backstops or components thereof; or

(5) Structural arrangements; or

(6) Power or type of prime mover.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subchapter and article headings, repealer of section, and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13). For prior history, see Register 73, No. 1.

2. Amendment of subsection (a)(1) filed 8-25-95; operative 9-24-95 (Register 95, No. 34).

§3151. Permit to Operate.

Note • History

(a) Submittal of Plans and Notification of Intent to Install.

(1) No passenger tramway, except tows, shall be constructed or altered until the plans and design information have been properly certified to the Division by a Qualified Engineer.

(2) The Division shall not issue a permit to operate a passenger tramway, except tows, until it receives certification in writing by a Qualified Engineer that the erection work on such tramway has been completed in accordance with the design and erection plans for such tramway.

(b) Inspection Required.

(1) Each new passenger tramway shall be inspected by the Division and a permit issued before it is placed in service. Testing shall be witnessed by the Division.

(2) Each major alteration of an existing passenger tramway shall be inspected by the Division and a new Permit to Operate issued before it is returned to service. Testing shall be witnessed by the Division.

(3) The Division shall cause all passenger tramways to be inspected at least two times per year. At least one inspection shall be performed during the operating season and at least one inspection shall be performed when weather conditions permit clear access to all foundations and structures.

(A) An inspector employed by a licensed insurance company or municipality and certified by the Division in accordance Section 3153 may perform the inspections required by Section 3151(b)(3).

Note: Inspection Fees. See the Division of Occupational Safety and Health regulations contained in Chapter 3.2, Title 8, California Code of Regulations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 2 heading and section and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3152. Variances.

Note • History

Any employer or a representative of an employer may apply to the Occupational Safety and Health Standards Board for a permanent variance from an occupational safety and health standard, safety order, or portion thereof upon a showing of an alternative program, method, practice, means of process which will provide equal or superior safety. Such application shall conform to the requirements of the California Code of Regulations, Title 8, Chapter 3.5.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 3 heading and section and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13). For prior history, see Register 79, No. 27.

§3152.2. Inspection Fees.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3152.5. Qualifications for Certified Inspectors.

Note • History

NOTE

Authority cited: Sections 7355 and 7357, Labor Code. Reference: Sections 7344, 7348, 7349, 7350, 7351, 7354.5 and 7357, inclusive, Labor Code.

HISTORY

1. New section filed 12-8-75; effective thirtieth day thereafter (Register 75, No. 50).

2. Renumbering and amendment of section 3152.5 to 3153 filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3153. Certification of Inspectors.

Note • History

(a) Applicants for a certificate of competency as a passenger tramway inspector shall possess the required qualifications of employment, registration and experience, shall obtain at least seventy percent (70%) on a prescribed examination conducted by the Division and shall be physically able to perform tramway inspections safely and efficiently.

(1) Qualifications.

(A) Employment. Applicants shall be employed by an insurance company carrying insurance on passenger tramways or by a municipality which maintains a passenger tramway inspection organization operating under ordinances or rules at least equivalent to the Passenger Tramway Safety Orders.

(B) Registration. Applicants shall be professional engineers, registered in California pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.

1. Four years experience in the construction, design, or maintenance of ski lift equipment; or

2. Two years experience inspecting ski lift equipment while working for an insurance company, a government agency, or a company performing tramway or similar equipment inspections where not less than fifty percent (50%) of the work performed was spent performing inspections; and

3. Sufficient experience and knowledge to achieve a satisfactory rating in an examination described in Section 3153(a)(2), designed to test the applicant's knowledge of the Passenger Tramway Safety Orders and principles of passenger tramway safety.

(2) Examination. The examination shall be conducted in two parts: the first consisting of a written examination and the second consisting of a field examination.

(A) If the applicant fails to obtain a passing grade in either the written or field examination, he/she may apply for a re-examination and the waiting period between examinations shall be determined by the Division as not less than 30 days or more than 6 months, depending on the judgment of the Division regarding the necessity of additional study and training on the part of the applicant.

(B) The field examination may be waived or postponed by the Division and the certificate issued subject to the written examination. This field examination may consist of an appraisal of work completed by the inspector during an indefinite probationary period.

(C) Written examinations will be conducted by appointment at any time and place mutually agreeable to the candidate and to the Division.

(b) Certificates.

(1) Certified inspectors shall have a valid certificate of competency issued by the Division.

(2) Certificates of competency may be revoked by the Division, after a hearing, for failure to submit true reports concerning the condition of a passenger tramway, or for conduct deemed by the Division to be contrary to the best interests of passenger tramway safety or of the Division.

(3) Certificates may also be revoked, after a hearing, when physical infirmities develop to a point where it appears that an inspector can no longer perform tramway inspections in a thorough and safe manner.

(4) Certificates may be suspended by the Division, after a hearing, for periods up to six months for infractions not deemed serious enough to revoke the certificate.

(5) Certificates will be automatically suspended if for a period of one year, an inspector does not make any passenger tramway inspections as evidenced by reports submitted; however, such certificates may be reinstated without a written examination at the discretion of the Division. This provision does not apply to the supervising engineers or others whose regular duties include the review of the work of other certified inspectors.

(c) Inspection Reports. A certified inspector shall submit inspection reports to the Division on form S-651 (Rev. 4/86) provided by the Division for all inspections within fifteen (15) working days from the date of the inspection.

(d) Inspection Follow-ups. All follow-up inspections necessary to enforce compliance shall be performed by a division safety engineer.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-25-73 as an emergency; effective upon filing (Register 73, No. 43).

2. New section filed 3-29-74; effective thirtieth day thereafter (Register 74, No. 13).

3. Renumbering of section 3152.5 to section 3153 and amendment of section heading, section, and Note and renumbering and amendment of section 3153 to 3154 filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3154. Reporting of Injuries.

Note • History

(a) Each owner or operator of a passenger tramway shall report or cause to be reported to the Division each known incident where maintenance, operation, or use of such tramway results in injury to any person unless such injury does not require medical service other than ordinary first aid treatment.

(b) A report for such an incident shall be made to the Division in writing within five (5) days. In addition, an incident resulting in a fatality or in an injury to five (5) or more persons shall be reported to the Division by telephone within twenty-four (24) hours.

(1) Name of the area and address where the tramway is located;

(2) Tramway name and State number;

(3) Date and time of day of injury;

(4) Location of the incident on the tramway;

(5) Names of the operator and all conductors and attendants engaged in the operation of the tramway at the time of the injury;

(6) Names and addresses of the injured;

(7) Types of injuries for each person involved;

(8) A full description of what happened to cause the injury.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-25-73 as an emergency; effective upon filing (Register 73, No. 43).

2. New section filed 3-29-74; effective thirtieth day thereafter (Register 74, No. 13).

3. Repealer of article 4 heading and section 3154 and renumbering of section 3153 to section 3154 and amendment of section and Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3155. Training.

Note • History

(a) In addition to the requirements of the Injury and Illness Prevention Program contained in Section 3203 of the General Industry Safety Orders, the owner/operator shall develop and implement a training and educational program to use for training individuals hired to operate or work on tramways, which shall include, but not be limited to, manufacturer's recommendations and procedures designed to enhance public safety.

(b) A copy of the training and educational program shall be submitted to the Division by every owner/operator and updated upon the installation of new tramway(s).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of section 3155 to sections 3157 and 3158 and new section 3155 filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3156. Evacuation.

Note • History

(a) Evacuation of passenger tramways shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Sections 2.1.1.11, 2.3.2.5.6, 3.1.1.11, 3.3.2.5.6, 4.1.1.11 and 4.3.2.5.6 which are hereby incorporated by reference.

(b) The plan for the evacuation of passengers from each aerial passenger tramway shall be documented (written) and also include:

(1) Proposed time of the first evacuation drill of each operating season;

(2) Estimate of time necessary for total evacuation during dark and moderately severe conditions (snowing and windy);

(3) Procedures for evacuation under unusual or unique conditions which may exist or may be expected to develop;

(4) An estimate of the elapsed time of when the evacuation will start following a shut down;

(5) The method to be used to communicate with the trapped passengers, the frequency of such communication, and how soon after a shut down such communication will start;

(6) Procedures for controlling evacuated persons until they are released.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 6 heading and section 3156 and new section 3156 filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Article 2. Classifications and Definitions

§3157. Classifications.

Note • History

(a) Passenger tramways include all devices that carry, pull or push passengers along a level or inclined path (excluding elevators) by means of a haul rope or other flexible element that is driven by a power unit remaining essentially at a single location.

(b) Passenger Tramways are classified into one of the following four types:

(1) Reversible Aerial Tramway. A tramway on which the passengers are transported in a cable-supported carrier and is not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals.

(A) Single-Reversible Tramway. A tramway having a single carrier, or single group of carriers, that moves back and forth between terminals on a single path of travel. This type is sometimes called “to-and-fro” aerial tramway.

(B) Double-Reversible Tramway. A tramway having two carriers, or two groups of carriers, that oscillate back and forth between terminals on two paths of travel. This type is sometimes called “jig-back” aerial tramway.

(2) Aerial Lift. A tramway on which passengers are transported in gondolas or on chairs that circulate around terminals without reversing the travel path.

(A) Detachable Grip Lifts. A detachable grip lift is an aerial lift on which carriers alternately attach to and detach from a moving haul rope. The tramway system may be monocable or bicable.

(B) Fixed Grip Lifts. A fixed grip lift is an aerial lift in which carriers remain attached to a haul rope. The tramway system may be either continuous or intermittent circulating, and either monocable or bicable.

(c) Surface Lifts. A surface lift is a tramway on which the passengers are propelled by means of a circulating overhead wire rope while remaining in contact with the ground or snow surface. Transportation is limited to one direction. Connection between the passengers and the wire rope is by means of a device attached to and circulating with the haul rope known as a “towing outfit.” Surface lifts include T-bars, J-bars, and platters.

(1) T-bar Lifts. That type of lift on which the device between the haul rope and passengers forms the shape of an inverted “T” propelling passengers located on both sides of the stem of the “T.”

(2) J-bar Lifts. That type of lift on which the device between the haul rope and passenger is in the general form of a “J,” propelling a single passenger located on the one side of the stem of the “J.”

(3) Platter Lifts. That type of lift on which the device between the haul rope and passenger is a single stem with a platter (or disk) attached to the lower end of the stem, propelling the passenger astride the stem of the platter (or disk).

(d) Rope Tows. A rope tow is a tramway on which the passengers grasp the circulating haul rope, or a handle attached to a circulating rope, and are propelled by the circulating haul rope while remaining in contact with the ground or snow surface. The haul rope remains adjacent to the track of the passengers and at an elevation that permits them to maintain their grasp on the haul rope, or handle, throughout that portion of the tow length that is designed to be traveled.

(1) Fiber Rope Tow. A tow having a fiber (natural or synthetic) haul rope.

(2) Wire Rope Tow. A tow having a metallic haul rope.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 7 heading and section 3157 and renumbering and amendment of section 3155 to sections 3157 and 3158 filed 3-23-93; operative 4-22-93 (Register 93, No. 13). For prior history, see Register 79, No. 28.

§3157.1 Operation and Maintenance.

Note • History

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. New subsection (c) filed 3-29-74; effective thirtieth day thereafter (Register 74, No. 13).

2. Amendment of subsections (c)(1) and (2) filed 4-27-79 as an emergency; effective upon filing (Register 79, No. 17).

3. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).

4. Repealer filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3158. Definitions.

Note • History

Alterations. Any change or addition to the equipment other than ordinary repairs or replacements.

Approved. The word “approved” means approved by the Division of Occupational Safety and Health.

Attendant. An individual assigned to particular duties or functions in the operation of a tramway.

Authority Having Jurisdiction. This term “Authority Having Jurisdiction” shall mean the Division of Occupational Safety and Health, State of California.

Bicable System. A system that uses separate cables to support and control motion of the carriers.

Bullwheel. A terminal sheave that deflects the haul rope 150 degrees or more. When under power, the sheave is referred to as a drive sheave (or drive bullwheel); when acting as a movable tensioning device, it is referred to as a tension sheave (or tension bullwheel); and when it is acting simply as a fixed return for the haul rope, it is referred to as a fixed return sheave (or fixed return bullwheel).

Capacity.

Design Capacity. The capacity established by the designer as the optimum operating capability of the equipment, in the direction specified.

Operational Capacity. The capacity for which the installation has been tested and approved.

Chair. An open or partially enclosed carrier used on an aerial lift.

Conductor. An attendant assigned to duties or functions in an enclosed carrier.

Division. The word “Division” when used in these regulations shall mean Division of Occupational Safety and Health, State of California.

Existing Installations. Devices which have been inspected by the Division and to which an identification number has been assigned, or devices for which erection was begun before these regulations became effective and for which the notice of intent to install is not required, or devices erected from plans or contracts completed and for which the notice of intent to install was filed with the Division before these regulations became effective.

Gondola. An enclosed carrier used on an aerial lift.

Grips.

Haul Rope Grips. Those devices by which carriers are attached to the haul rope.

Detachable Grips. Those devices that are removed or detached from the haul rope at stations or terminals during normal operation.

Fixed Grips. Those devices that remain on the haul rope during normal operation.

Monocable System. A system that uses a single haul rope to both support and control motion of the carriers.

Operator. An individual in charge of a tramway, lift, or tow.

Overhauling. An operating condition in which unbalanced loading is sufficient to overcome line and drive friction and create a torque, acting to produce rotation of drive sheave in either direction when all brakes and the prime mover are inactive.

Qualified Engineer. An engineer, who by training and experience is qualified to design, survey, and supervise construction of tramways, lifts, or tows: and who is qualified under the Professional Engineers Act.

Rope and Strand.

Rope. Unless otherwise specified, the term “rope” shall mean wire rope, which consists of several strands twisted together.

(The terms “rope,” “wire rope,” and “cable” are interchangeable, except where, by the context, “cable” refers to a strand used as a track cable.)

Strand. Unless otherwise specified, the term “strand” shall mean wire strand, consisting of several wires twisted together (as compared with wire rope which consists of several strands twisted together).

Fiber Rope. A stranded or braided rope made from natural or synthetic fibers.

Shall. The term “shall” where used shall be construed as mandatory.

Sheaves. Pulleys or wheels grooved for rope.

Counterweight Sheave. A sheave used in the counterweight roping system that is active during normal operations.

Deflection Sheaves. A terminal sheave that deflects the haul rope at least 10 degrees but less than 150 degrees.

Diameter of a Sheave. Wherever the term “diameter” is used in specifying sheaves, it refers to the diameter at the bottom of sheave grooves (tread diameter).

Haul Rope Sheaves. Sheaves that support or hold down the haul rope at towers or terminals. (The angle of deflection is usually small.)

Rollers. Sheaves of small diameter used to guide or restrain the rope from leaving its proper alignment.

Terminal Sheaves. A haul rope sheave at a terminal that rotates continuously when the haul rope is moving and deflects the haul rope by an angle of 10 degrees or more.

Should. The term “should” where used shall be construed as advisory.

Stop Gate. A type of automatic stopping device that, when actuated by a passenger's weight, contact, or passage, will automatically stop the tramway.

Supervisor. An individual in responsible charge of aerial passenger tramway operations and personnel.

Track Cable Saddle. A component designed to directly support a track cable.

Track Rope or Cable. A stationary wire rope used to support a carrier or carriers on a bicable serial tramway.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 8 heading and section 3158 and renumbering and amendment of section 3155 to sections 3157 and 3158 filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Article 3. Reversible Aerial Tramways

§3159. Design and Installation.

Note • History

(a) Design and Installation of reversible aerial tramways shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 2.1 which is hereby incorporated by reference.

(b) Reversible aerial tramways shall be provided with two communication systems.

(1) Both systems shall provide two-way communication between the machine room, operator console room, loading and unloading stations and each car.

(2) Both systems shall be independent of the primary power source.

(3) Both systems shall be independent of each other.

(4) The communication systems shall be permanently installed except that the second system may be of the portable two-way radio type provided an attendant at each location is mandated to carry one.

(c) Braking systems, except track rope brakes, that depend on pressurized liquid, air or gas for application shall comply with the following:

(1) An approved visible and/or audible monitoring alarm system shall be provided to indicate to the operator that the pressurized system has failed;

(2) Activation of the monitoring alarm system shall cause another brake system to stop the lift;

(3) An interruption of electric power shall not affect the operation of the brake system;

(4) The pressurized lines shall be installed to preclude damage due to physical abuse, vibration, and weather conditions;

(5) All components of the brake system shall be designed in accordance with recognized engineering practices.

(d) Track Cable Retention.

(1) Towers shall be designed to keep the track cables in saddle profiles under the most adverse design conditions. These provisions shall include the retention of the track cables under the maximum wind conditions at which the tramway is to be operated. A complete analysis of the retention means shall be certified by a Qualified Engineer. The analysis shall include consideration of, but not limited to, the aerodynamics of the car, increasing the depth of the saddle profiles, the effect of loading in the car at loads of empty, twenty-five percent (25%), fifty percent (50%), seventy-five percent (75%), and fully loaded, and the effect of car speed in those areas critical to track cable movement over the saddles.

(2) Cable catchers shall be installed on all tower saddles to catch and hold the track cable in case of an outside deropement. The cable catchers shall be installed immediately below the saddle, but in no case shall they be more than three (3) times the cable diameter below the bottom of the saddle groove.

(3) Devices shall be installed on the towers which will stop the tramway in case of track cable deropement.

Exception to Section 3159(d): Reversible aerial tramways installed before July 3, 1972.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 3 heading, repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3160. Electrical Design and Installation.

Note • History

Electrical design and installation of reversible aerial tramways shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 2.2 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3161. Operation and Maintenance.

Note • History

(a) Operation and maintenance of reversible aerial tramways shall comply with ANSI-B77.1-1982 and 1986, 1988 addenda, Section 2.3 which is hereby incorporated by reference. Section 2.3.6 does not apply to operation and maintenance and is not incorporated by reference.

(b) Reversible Aerial Tramways shall be provided with an approved weather monitoring system which shall include but not be limited to the following:

(1) Anemometers shall be installed on the top terminal and each tower;

(2) Anemometers and indicators shall be installed at the operator's main console showing wind speed and direction indicated by all anemometers within the tramway system with the exception of cabin instruments;

(3) When the tramway is operated in rime forming conditions, the anemometer shall be protected in order to maintain accuracy;

(4) A clinometer, calibrated in degrees, shall be installed in each cabin;

(5) When wind conditions as indicated by any of the wind velocity measuring devices exceed those determined to be safe by engineering calculations and operating experience, the tramway shall be unloaded and operation discontinued;

(6) The operator is to develop and implement a shut down procedure, to be in writing, to include but not limited to, the manufacturer's recommendation for weather operating conditions.

(7) An outline of the weather monitoring systems and the shut down procedure for weather operating conditions shall be filed with the Division.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Article 4. Detachable Grip Aerial Lifts

§3162. Design and Installation.

Note • History

(a) Design and installation of the detachable grip aerial lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 3.1 which is hereby incorporated by reference.

(b) Gondolas shall be provided with two communication systems.

(1) Both systems shall provide two-way communication between the machine room, operator console room and each loading station.

(2) Both systems shall be independent of the primary power source.

(3) Both systems shall be independent of each other.

(4) The communication systems shall be permanently installed except that the second system may be of the portable two-way radio type provided an attendant at each location is mandated to carry one.

(d) Track cable retention shall comply with Section 3159(d).

EXCEPTION TO SECTION 3162(d): Gondolas installed before July, 3, 1972.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 4 heading, repealer of section and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3163. Electrical Design and Installation.

Note • History

Electrical design and installation of detachable grip aerial lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 3.2 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3164. Operation and Maintenance.

Note • History

Operation and maintenance of detachable grip aerial lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 3.3 which is hereby incorporated by reference. Section 3.3.6 does not apply to operation and maintenance and is not incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Article 5. Fixed Grip Aerial Lifts

§3165. Design and Installation.

Note • History

(a) Design and installation of fixed grip aerial lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 4.1 which is hereby incorporated by reference.

(b) Braking systems that depend on pressurized liquid, air or gas for application shall comply with Section 3159(c).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 5 heading, repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3166. Electrical Design and Installation.

Note • History

Electrical design and installation of fixed grip aerial lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 4.2 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3167. Operation and Maintenance.

Note • History

Operation and maintenance of fixed grip aerial lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 4.3 which is hereby incorporated by reference. Section 4.3.6 does not apply to operation and maintenance and is not incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Article 6. Surface Lifts

§3168. Design and Installation.

Note • History

(a) Design and installation of surface lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 5.1 which is hereby incorporated by reference. Section 4.3.6 does not apply to operation and maintenance and is not incorporated by reference.

(b) Braking systems that depend on pressurized liquid, air or gas for application shall comply with Section 3159(c).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 6 heading and section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3169. Electrical Design and Installation.

Note • History

Electrical design and installation of surface lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 5.2 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 9 heading and section and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3170. Operation and Maintenance.

Note • History

Operation and maintenance of surface lifts shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 5.3 which is hereby incorporated by reference. Section 5.3.6 does not apply to operation and maintenance and is not incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Article 7. Tows

§3171. Design and Installation.

Note • History

(a) Design and installation of tows shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 6.1 which is hereby incorporated by reference.

(b) Braking systems that depend on pressurized liquid, air or gas for application shall comply with Section 3159(c).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 7 heading, repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3172. Electrical Design and Installation.

Note • History

Electrical design and installation of tows shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 6.2 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3173. Operation and Maintenance.

Note • History

Operation and maintenance of tows shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 6.3 which is hereby incorporated by reference. Section 6.3.6 does not apply to operation and maintenance and is not incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Article 8. Wire Rope and Strand Requirements

§3174. Physical Properties.

Note • History

The physical properties of wire rope use on passenger tramways shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 7.1 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 8 heading, repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3175. Testing.

Note • History

The testing of wire rope shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 7.2 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3176. Connections.

Note • History

The connections of wire rope shall comply with ANSI B77.1- 1982 and 1986, 1988 addenda, Section 7.3 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3177. Operation and Maintenance.

Note • History

Maintenance and inspection of wire rope shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Section 7.4 which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3178. Measuring the Diameter of Wire Rope.

Note • History

The method used for measuring the diameter of wire rope shall comply with ANSI B77.1-1982 and 1986, 1988 addenda, Appendix B, including Figure B1, which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3179. Machine Room.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of article 10 heading and section and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3180. Sheaves.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3181. Safety Stop.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3182. Emergency Stop.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3184. Machine Rooms.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3185. Sheaves.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3187. Speed.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3188. Emergency Stop.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3189. Brakes.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3190. Straps.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

§3191. General.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix 1 filed 3-28-78; effective thirtieth day thereafter (Register 78, No. 13).

2. Repealer of article 12 heading, section and Appendix and new Note filed 3-23-93; operative 4-22-93 (Register 93, No. 13).

Subchapter 6.2. Permanent Amusement Ride Safety Orders

Article 1. Application and Definitions

§3195.1. Application.

Note • History

(a) This Subchapter, consisting of four Articles, governs permanent amusement rides operated anywhere in the State of California. Article 3 applies only to aquatic devices, while Articles 1, 2, and 4 apply to all permanent amusement rides, including aquatic devices.

(b) For the purposes of Articles 1 through 4, the following ASTM Standards on Amusement Rides and Devices are hereby incorporated by reference:

(1) ASTM F 698-94 (Reapproved 2000), “Standard Specification for Physical Information to be Provided for Amusement Rides and Devices,” Sections 1 through 3.

(2) ASTM F 770-93 (Reapproved 2000), “Standard Practice for Operation Procedures for Amusement Rides and Devices,” Sections 1 through 4.

(3) ASTM F 846-92 (Reapproved 1998), “Standard Guide for Testing Performance of Amusement Rides and Devices,” Sections 1 through 8.

(4) ASTM F 853-98, “Standard Practice for Maintenance Procedures for Amusement Rides and Devices,” Sections 1 through 6.

(5) ASTM F 893-87 (Reapproved 2000), “Standard Guide for Inspection of Amusement Rides and Devices,” Sections 1 though 5.

(6) ASTM F 1159-02, “Standard Practice for the Design and Manufacture of Amusement Rides and Devices,” Sections 1 through 14.

(7) ASTM F 1193-97, “Standard Practice for an Amusement Ride and Device Manufacturer Quality Assurance Program,” Sections 1 through 7.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New subchapter 6.2 (articles 1-4, sections 3195.1-3195.14), article 1 (sections 3195.1-3195.2) and section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.2. Definitions.

Note • History

(a) In addition to the definitions given in this section, the definitions found at Section 344.6 of this Title also apply. Among others, the following terms are defined in Section 344.6: “as-built document,” “licensed engineer,” “new permanent amusement ride,” “owner or operator,” and “permanent amusement ride.”

(b) An “amusement ride incident” is any event, failure, or malfunction of a permanent amusement ride that:

(1) Results in the ride being closed to patrons for more than 12 consecutive hours; or

(2) Reasonably and substantially appears to have an impact on the safety of patrons.

(c) An “aquatic device” is a permanent amusement ride that involves the purposeful immersion of the patron's body partially or totally in the water. A permanent amusement ride which involves only incidental patron water contact, or which uses water primarily as a medium for carrying a conveyance vehicle, e.g., a log flume boat ride or a spillwater boat ride, is not an aquatic device.

(d) “Authorized person” means a person who:

(1) Has been authorized by the owner or operator, in a determination which defines the specific duties and rides to which the authorization pertains, to attend, operate, inspect, test, or perform maintenance on permanent amusement rides and associated equipment;

(2) Has successfully completed training (see Sections 3195.6 and 3195.7) in the duties to which the authorization pertains;

(3) Performs his or her duties within the scope of the authorization; and

(4) Is capable of reading and comprehending all written instructions, including those on operator controls, that are required to be available to or to be in view of a person performing duties within the scope of the authorization.

(e) A “DIN Standard” means a standard published by the Deutsches Institute of Normung.

(f) An “existing permanent amusement ride” is either of the following:

(1) A permanent amusement ride that was placed in operation and opened to the public for the first time prior to July 12, 2003; or

(2) A planned permanent amusement ride that has been substantially designed, manufactured, or fabricated prior to July 12, 2003.

(g) A “facility” means any single property or grouping of contiguous properties under the control of the owner or operator that contains one or more permanent amusement rides.

(h) A “flume” is a single descending pathway in or on a water slide.

(i) A “patron” means a member of the public who is not acting as an employee or as a consultant, contractor, or other agent of the owner or operator.

(j) “Public operation” means operation of an amusement ride with one or more patrons on board.

(k) A “ride” means a permanent amusement ride.

(l) A “splash pool” is a pool of water at the base of a flume, which constitutes the endpoint of a patron's travel along the flume.

(m) A “TUV Standard” means a standard published by the Technischer Uberwachungs Verein or Technical Control Organization.

(n) A “water slide” is an aquatic device using flowing water to provide low friction so that patrons can slide along a flume. There may be one or more flumes used on a water slide.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3, 7921 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

Article 2. Requirements, Other Than Recordkeeping and Transfer of Information, Applicable to All Permanent Amusement Rides

§3195.3. Required Documentation.

Note • History

(a) The owner or operator shall have and maintain at the facility all of the following documentation for each permanent amusement ride in public operation at the facility:

(1) Manufacturer-originated documentation indicating that the design and manufacture of the ride is in compliance with ASTM F 1159-02. Such documentation shall include but not necessarily be limited to the design and calculation documents specified in Section 4.1 of ASTM F 1159-02.

Exception No. 1: If the ride was designed to comply with generally accepted design standards other than those in Section 4.1 of ASTM F 1159-02, e.g., DIN or TUV Standards, the owner or operator may substitute documentation of compliance with those standards. However, unless Exception No. 2 applies, these documents shall suffice only if they provide a level of detail comparable to that specified by Section 4.1 of ASTM F 1159-02. Note: See additional restrictions applicable to new permanent amusement rides in Section 3195.4.

Exception No. 2, for Existing Permanent Amusement Ride Only: If the owner or operator cannot obtain all or part of the required documentation because it is reasonably believed not to exist or is not reasonably available from the manufacturer, the owner or operator shall comply by having and maintaining that documentation which is reasonably available from the manufacturer. If that documentation is missing information on performance characteristics or forces on passengers, the owner or operator shall have and maintain alternative documentation containing the missing information to the extent such information is necessary for a reasonably adequate evaluation of the safety of any ride.

(2) Documentation of each of the following with reference to Sections 5 through 8 of ASTM F 846-92 (Reapproved 1998):

(A) Manufacturer-originated developmental and installation testing procedures conforming to the specifications of Sections 5 and 6.

(B) Manufacturer-originated operational and nondestructive testing procedures conforming to the specifications of Sections 7 and 8.

Exception No. 1 for Existing Permanent Amusement Rides Only: If complete documentation meeting the requirements of subsection (2)(A) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply with subsection (2)(A) by having and maintaining that documentation which is reasonably available.

Exception No. 2 for Existing Permanent Amusement Rides Only: If complete documentation meeting the requirements of subsection (2)(B) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply with subsection (2)(B) by having and maintaining that documentation which is reasonably available and by having and maintaining documentation containing effective operational and nondestructive testing procedures that conform to the specifications of Sections 7.2.2 through 7.2.4, 8.1 through 8.1.3, and 8.1.6 through 8.1.9 of ASTM F 846-92 (Reapproved 1998). The testing procedures described in this documentation shall be in compliance with the following additional requirements:

1. Testing frequency shall be specified.

2. The operational limits of the ride and the specifications used to evaluate testing results shall be established by the owner or operator using all manufacturer-originated information that is reasonably available and relevant as well as whatever additional information is necessary to ensure that the operation of the ride is within the design limitations of the ride.

(3) Documentation of each of the following with reference to Sections 4 through 6 of ASTM F 853-98:

(A) Manufacturer-originated maintenance instructions that conform to the specifications of Section 4 of ASTM F 853-98.

(B) Mandatory maintenance procedures that conform to the instructions required by subsection (A), conform to the specifications of Sections 5 and 6 of ASTM F 853-98, and include an effective program of training to be provided to all employees performing maintenance. The training program shall conform to the specifications of Section 6.2 of ASTM F 853-98, include a manual containing the training subject matter, and specify the length of initial and refresher training as well as the frequency of refresher training.

Exception for Existing Permanent Amusement Rides Only: If complete documentation meeting the requirements of subsection (A) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply with subsection (A) by having and maintaining that documentation which is reasonably available, and shall comply with subsection (B) by having and maintaining effective maintenance procedures. The maintenance procedures shall conform to whatever manufacturer-originated maintenance instructions are reasonably available and shall include, but not necessarily be limited to, each of the following:

1. A description of the ride operation, including the function and operation of its major components.

2. A description of the motions the ride is designed to undergo while in operation.

3. Lubrication procedures, including types of lubricants and frequency of lubrication, and a lubrication drawing, chart, or other effective means of showing the location of lubrication points.

4. A description, including a schedule, of all maintenance inspections and testing to be performed on the ride.

5. Maintenance procedures for electrical components, as well as schematics of electrical power, lighting, and controls.

6. Maintenance procedures and schematics for all hydraulic and pneumatic systems on or used to control the ride, which shall include component locations; location charts; fluid, pressure, line, and fitting specifications; and troubleshooting guidelines.

7. Specifications for the use of replacement fasteners and, when applicable, for torque requirements for fasteners.

8. A checklist to be made available to each person performing the regularly scheduled maintenance on each ride.

9. Procedures for performing documented and signed pre-opening inspections, to be conducted each day prior to public operation. The pre-opening inspection shall include, but not necessarily be limited to, the items listed in Section 6.3 of ASTM F 853-98.

10. A program of training to be provided to all employees performing maintenance. The training program shall conform to the specifications of Section 6.2 of ASTM F 853-98, include a manual containing the training subject matter, and specify the length of initial and refresher training as well as the frequency of refresher training.

11. Procedures to be followed in the event of any unscheduled cessation of operation of the ride. The procedures shall require that, when an unscheduled cessation of operation of the ride that is potentially due to mechanical failure occurs, the ride shall not be operated again with patrons on board until inspection or test-operation of the ride has demonstrated that the ride is functioning properly.

(4) Mandatory operation procedures conforming to the specifications of Sections 4.1 through 4.1.4.4 of ASTM F 770-93 (Reapproved 2000). The owner or operator shall ensure that each of the following are incorporated into the operation procedures:

(A) Manufacturer-originated information and recommendations conforming to the specifications of Section 3 of ASTM F 770-93 (Reapproved 2000).

Exception for Existing Permanent Amusement Rides Only: If complete documentation meeting the requirements of subsection (a)(4)(A) is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply by having and maintaining that documentation which is reasonably available and by having and maintaining whatever additional documentation is necessary to provide an effective informational basis for the procedures developed in conformance with Sections 4.1 through 4.1.4.4 of ASTM F 770-93 (Reapproved 2000).

(B) A procedure for promptly notifying the applicable manufacturer, if known, of any event, failure, or malfunction that reasonably and substantially appears:

1. To have an impact on patron safety; and

2. To be of a type that could occur in connection with rides of the same design.

(C) A detailed description of all signal systems' procedures and testing used by the owner or operator (see Section 3195.9(d)).

(D) Procedures for implementing those patron safety measures necessary to ensure the operation of the ride in a manner that is safe for all patrons, which shall consist of the following:

1. Procedures to ensure that all passenger restraint mechanisms are properly engaged and will safely secure the patron throughout the course of the ride.

2. Procedures to ensure the implementation of all patron-specific safety measures necessary for operation of the ride in a manner that is safe for all patrons. These procedures shall, at a minimum, implement all specific manufacturer recommendations listed in Section 2.6 of ASTM F 698-94 (Reapproved 2000), to the extent such recommendations exist and are reasonably available. Patron-specific safety measures shall consist of special provisions for a patron's use of the ride, provision of warnings to patrons, or both in combination, to the extent reasonably necessary to protect the patron. Factors that may result in a need for patron-specific safety measures include patron weight, patron size (e.g., height or other body dimension), and the patron being a child or having a physical disability or health condition that affects rider safety.

NOTE: This subsection is not intended to require an owner or operator to admit a patron to a ride if such admission will jeopardize the safety of that patron or other patrons.

(E) An effective program of training to be provided to all operators and attendants in conformance with the specifications of Section 4.1.3 of ASTM F 770-93 (Reapproved 2000). The training program shall include a manual containing the training subject matter and shall specify the length of initial and refresher training as well as the frequency of refresher training.

(5) Documentation indicating that the manufacturer's quality assurance program followed for the ride is in conformance with ASTM F 1193-97 and Section 5 of ASTM F 893-87 (Reapproved 2000).

(6) All of the information applicable to each ride as specified in ASTM F 698-94 (Reapproved 2000).

Exception for Existing Permanent Amusement Rides Only: If complete documentation meeting the requirements of this subsection is reasonably believed not to exist or is not reasonably available, the owner or operator shall comply by having and maintaining that documentation which is reasonably available, and by having and maintaining additional documentation as necessary to provide the information called for by the applicable provisions of Sections 2.2.5 through 2.5 and 2.7 through 2.15.3 of ASTM F 698-94 (Reapproved 2000).

(b) All documentation and records listed in subsection (a) of this section shall be made available to the Division upon request.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3, 7921 and 7923, Labor Code.

HISTORY

1. New article 2 (sections 3195.3-3195.9) and section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.4. General Design and Manufacture.

Note • History

New Permanent Amusement Rides. No new permanent amusement ride shall be opened to the public unless it has been designed and manufactured in conformance with the specifications of ASTM F 1159-02 and ASTM F 1193-97.

Exception: A new permanent amusement ride may be open to the public if it conforms with the design standards set forth in other generally accepted standards, e.g., DIN or TUV Standards provided that the owner or operator can demonstrate that such compliance ensures patron safety comparable to that provided by compliance with ASTM F 1159-02 and ASTM F 1193-97.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3, 7921 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.5. Required Testing.

Note • History

(a) No permanent amusement ride shall be operated with patrons on board unless the owner or operator has documentation demonstrating the proper performance of the ride through testing performed in conformance with the specifications of the documentation required by subsections (a)(2)(A) and (a)(2)(B) of Section 3195.3.

Exception for Existing Permanent Amusement Rides Only: If complete documentation meeting the requirements of Section 3195.3(a)(2)(A) is reasonably believed not to exist or is not reasonably available, the ride may be open to the public if the owner or operator has documentation demonstrating the proper performance of the ride through testing performed in conformance with the specifications of the documentation required by Section 3195.3(a)(2)(B).

(b) All testing performed by the owner or operator pursuant to this section shall be conducted by an authorized person.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.6. Maintenance, Inspection, and Related Training.

Note • History

(a) The owner or operator shall follow the procedures specified in the documentation required by Section 3195.3(a)(3)(B), and shall provide training as specified in that documentation to each employee performing those procedures.

(b) All maintenance and inspection functions shall be performed by an authorized person.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.7. Operation Procedures and Related Training.

Note • History

(a) The owner or operator shall follow the operation procedures specified in the documentation required by Section 3195.3(a)(4) for each permanent amusement ride, and shall provide training as specified in that documentation to each ride operator and attendant.

(b) The owner or operator shall use effective signs, videos, or other similarly effective means of advising patrons of those instructions, limitations, restrictions, and warnings deemed necessary for patron safety by the owner or operator, including those maintained as part of the procedures required by Section 3195.3(a)(4)(D). When signs are used for this purpose, they shall be permanently and conspicuously posted at each applicable permanent amusement ride.

(c) At all times while the facility is open to the public, personnel shall be located around the facility who are trained and available to render first aid and cardiopulmonary resuscitation (CPR). These personnel shall:

(1) Be in sufficient numbers to ensure they are readily available to render first aid and CPR to patrons as needed,

(2) Have current certification in first aid and CPR from the American Red Cross or another nationally recognized organization; and

(3) Have immediate access to first aid and CPR supplies that meet the requirements of Section 3400.

(d) Complete operation instructions for each permanent amusement ride shall be readily accessible to the operators and attendants of the ride.

(e) All ride operation and attendant functions shall be performed by an authorized person.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.8. Physical Information and Adherence to General Safety-Related Operating Parameters.

Note • History

(a) The owner or operator shall not operate any permanent amusement ride with patrons on board in a manner inconsistent with the specifications of the documentation required by Section 3195.3(a)(6).

Exception for Existing Permanent Amusement Rides: If any of the manufacturer-originated information specified by Sections 2.2.1 through 2.2.8 of ASTM F 698-94 (Reapproved 2000) is reasonably believed not to exist or is not reasonably available, the owner or operator, at a minimum, shall have permanently affixed to the ride the name and address of the manufacturer, if known, the ride name or description, the model or serial number, if known, the maximum number of patrons, and the maximum design speed of the ride. The required information shall be legibly impressed on a metal plate or equivalent and readily visible and legible at all times.

(b) All permanent amusement rides shall be identified by a registration number, which shall be provided by the Division. This registration number shall be kept with other pertinent records for the amusement ride and shall be permanently affixed by a Division representative to the ride.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.9. Motion Restriction and Other Specific Hazard Control Measures.

Note • History

(a) Emergency Brakes and Devices.

Ride conveyance vehicles shall be provided with emergency brakes or other equally effective emergency stopping controls, if upon failure of normal stopping controls, collision may reasonably be expected to occur and result in patron injury or equipment damage. Low speed vehicles designed for controlled collisions, such as bumper cars, do not require emergency stopping controls.

(b) Anti-Rollback Controls.

Each permanent amusement ride with a passenger conveyance vehicle that traverses an inclined track shall be provided with automatic anti-rollback controls, unless such controls would conflict with manufacturer recommendations.

(1) Each permanent amusement ride capable of exceeding its maximum design operating speed shall be provided with a speed-limiting device or system to ensure that the ride cannot exceed that speed at any time while patrons are on board.

(2) Mechanical Governors.

(A) If a mechanical governor with an adjustable setting is used as a speed-limiting device, the adjusting mechanism shall be sealed so that the speed setting cannot be changed without breaking the seal.

(B) If the seal is broken, the ride shall not be operated with patrons on board and the speed setting shall be readjusted and resealed per manufacturer specifications prior to reopening the ride to patrons.

(3) Other Speed Limiting Devices or Systems.

If a speed limiting device or system other than a mechanical governor is used to control the maximum speed of a permanent amusement ride, the device or system shall include safeguards to prevent the ride operator from being able to alter the maximum speed setting.

(d) Signal Systems.

(1) Signal systems shall be used and shall be adequate to do the following:

(A) Control the dispatching of rides as necessary to prevent collision due to any failure of the ride or ride unit to clear a stopping point.

(B) Control the operation of the ride so that neither starting nor stopping the ride results in an unsafe condition. In the case of starting the ride, the signal system shall require that, before the start signal is given, there is confirmation that all patrons are safely secured within the ride and all other persons are a safe distance from the ride.

Exception: A signal system is not required if the ride is controlled by a single operator who can clearly observe all phases of operation of the ride.

(2) All signal systems shall be tested at least once each day prior to the initial operation of the ride with patrons on board. No ride shall be operated with patrons on board if the signal system is not functioning properly.

(3) A written explanation of the use and testing of the signal system for each ride having a signal system shall be available at the operator's or signaler's stations.

(e) Protection of Patrons from Hazardous Surfaces and Moving Parts.

(1) Surfaces of permanent amusement rides with which a patron may come in contact shall be free from sharp, rough, or splintered surfaces, edges and corners, and from unguarded or unprotected protruding studs, bolts, screws, and other projections. Surfaces that a patron may forcibly contact while in motion shall be adequately padded or otherwise designed and maintained to protect against injury.

(2) All moving parts with which patrons may come into contact shall be sufficiently guarded to protect against injury.

(f) Patron Retention, Restraint, and Support.

(1) All tubs, cars, chairs, seats, gondolas, and other carriers shall be equipped as necessary to provide protection against injury with devices that retain, restrain, or support the patron during all phases of ride movement. All fastenings shall be of a type that cannot be released inadvertently by the patron or by other accidental means.

(2) All belts, bars, fastenings, anchorages, footrests, and other equipment or devices intended for the protection of patrons while they are on permanent amusement rides shall be of adequate design for and be maintained to perform their intended function.

(g) Accessing and Exiting Permanent Amusement Rides.

All steps, ramps and walkways inside the site of the permanent amusement ride used by patrons for accessing and exiting the ride shall be of adequate design for and maintained to perform their intended function.

(h) Operation and Control of the Ride.

(1) All rides shall be operated and controlled only by authorized persons. All authorized persons designated to control the operation of the ride while it is moving shall, during the period of movement, be within immediate reach of the operating controls, even if automatic devices are used to control the time cycle of the ride.

(2) All rides shall have a stop switch within immediate reach of the authorized person or persons designated to operate or control the ride at all times while the ride is in operation.

(3) In addition to the stop switch required by subsection (h)(2), each electrically driven permanent amusement ride shall have a disconnect switch within reach of the authorized person for use in case of emergency. In lieu of this disconnect switch, a stopping device that must be manually reset may be used.

(4) No permanent amusement ride stopped with a device required by (h)(2) or (h)(3) shall be capable of starting immediately upon reset of that device.

(5) Equipment rooms, machinery rooms, and all other areas unsafe for access by patrons or other unauthorized persons shall be posted to forbid unauthorized access and locked, fenced, barricaded, or otherwise secured to prevent unauthorized access. Fences installed or replaced after July 12, 2003 shall be in conformance with the specifications of ASTM F 1159-02.

(6) Electrically energized overhead screens used to power bumper car type rides shall be free of holes that are not part of the design.

(i) Electrical Wiring Affecting Permanent Amusement Rides.

The installation of all new electrical wiring for permanent amusement rides shall conform to the applicable requirements of the California Code of Regulations, Title 24, Part 3, California Electrical Code, 1998.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

Article 3. Aquatic Devices

§3195.10. Application.

Note • History

The requirements contained in this Article apply only to aquatic devices.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New article 3 (sections 3195.10-3195.11) and section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.11. Operation and Maintenance.

Note • History

(a) The operation procedures required by Section 3195.3(a)(4) shall be supplemented for aquatic devices with the following:

(1) Written emergency procedures including, but not necessarily limited to, each of the following:

(A) Procedures for cessation of operations to be followed where this is necessary to ensure patron safety in situations such as, but not necessarily limited to, a cutoff of the water supply or a power outage.

(B) Procedures for evacuating patrons from each aquatic device including the estimated evacuation time.

(C) Methods to direct the movement of patrons to safe areas and to keep them out of unsafe areas during emergency situations.

(D) Procedures for shutting off power, water, and pumps, and shutting off and turning on power-operated drains.

(2) The following instructions and procedures, provided with sufficient specificity to make them complete and effective:

(A) The staffing levels to be maintained during all times while the aquatic device is operating with patrons present. In determining the staffing level for an aquatic device, each of the following shall be considered:

1. The design and type of aquatic device.

2. The number of entrances to the loading platform.

3. The number of flumes and their proximity to each other.

4. The length of, and the duration of the patron's travel along, each flume.

5. The maximum patron capacity of the aquatic device by weight.

6. The maximum patron capacity of the aquatic device by number of patrons.

7. The manufacturer's recommended staffing requirement, if there is one, which shall constitute the minimum staffing level.

(B) Procedures for the control of patron movement along the entire pathway of travel from point of aquatic device entry to point of aquatic device exit.

(D) A requirement to supervise all visible portions of the flumes of the water slide.

(E) Procedures for maintaining order among patrons in the splash pool and the splash pool area and for mitigating any patron behavior having the potential to constitute a safety hazard.

(F) Procedures for maintaining water quality within each aquatic device so that water will not pose a substantial health risk to patrons who may reasonably be expected to ingest it or otherwise be exposed to it.

(b) At all times that the aquatic device is in operation with patrons present, the owner or operator shall maintain staffing levels in compliance with the written operational instructions required by subsection (a)(2)(A) of this section. In addition, the owner or operator shall ensure that the following requirements are met:

(1) At least one attendant shall be located in the immediate vicinity of the water slide splash pool.

(2) Current certification to perform first aid and cardiopulmonary resuscitation (CPR) by the American Red Cross or another nationally recognized organization shall be held by all personnel who:

(A) Supervise patrons at aquatic devices; or

(B) Interact with patrons for the purpose of controlling their usage of or movement through aquatic devices.

(3) Each of the first aid and CPR certified personnel shall have immediate access to first aid and CPR supplies that meet the requirements of Section 3400.

(c) The surfaces and edges of the aquatic device that patrons may contact shall be free from cutting or pinching hazards or any other hazards that may cause injury.

(d) If power is used to generate water movement for an aquatic device, at least one attendant shall have immediate access to a stopping device that will remove all power.

(e) Drains on aquatic devices shall be visible to at least one attendant.

(f) Entrances to and exits from aquatic devices shall be clearly marked.

(g) Areas of ingress to and egress from aquatic devices, as well as walking surfaces in or on aquatic devices, shall be designed and maintained to drain standing water and to be slip resistant.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

Article 4. Recordkeeping and Information Transfer

§3195.12. Recordkeeping.

Note • History

(a) The owner or operator shall make and maintain for at least five years, and make available to the Division upon request during any Division inspection, records of all of the following:

(1) Training provided as required by Sections 3195.6(a) and 3195.7(a), including the date provided, the name of the employee trained, the type of training provided, and the length of the training session.

(2) Maintenance, repair, inspection, and testing performed on each permanent amusement ride.

(3) Accidents required to be reported by Section 344.15 of this Title.

(4) Amusement ride incidents.

(5) For aquatic devices only, testing performed to determine water quality and all determinations of staffing levels to be maintained at aquatic devices.

(b) Records of amusement ride incidents shall consist of any reasonable format chosen by the owner or operator which includes the name of the authorized person(s) present and describes the incident as well as any inspection, repair, modification, and maintenance performed in response to the incident.

(c) The information on accidents recorded pursuant to this section shall include but not necessarily be limited to each of the following, to the extent reasonably available:

(1) The date of occurrence of the accident.

(2) The name of the ride and manufacturer of the ride where or on which the accident occurred.

(3) A detailed description of the accident.

(4) The names, addresses, ages, and telephone numbers of all persons involved in the accident, including but not limited to those injured, the authorized person(s) present, and a representative number of witnesses, if any.

(5) A description of the injury and treatment provided to the injured parties involved in the accident.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New article 4 (sections 3195.12-3195.14) and section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.13. Transfer of Information with Used Permanent Amusement Rides.

Note • History

(a) The seller of a used permanent amusement ride shall, upon transfer of the ride to the new owner, provide with the ride a copy of all of the following:

(1) All manufacturer documentation and all operational and maintenance manuals that pertain to the ride and are within the seller's possession.

(2) Complete information describing any modification to the ride or any part thereof performed while in the seller's possession, and any other modifications to the extent known by the seller. If documentation or information pertaining to modifications has been lost, the seller shall provide full disclosure of what information is missing, to the extent known by the seller.

(3) A summary of all incidents reported to the manufacturer pursuant to the procedure required by Section 3195.3(a)(4)(B) and all accidents resulting in injury required to be reported to the Division by Section 344.15.

(b) The purchaser of a used permanent amusement ride shall notify the manufacturer, if the manufacturer still exists, of the change of ownership.

(c) The purchaser of a used permanent amusement ride shall obtain from the manufacturer all updated owner, operational, and maintenance manuals and service bulletins to the extent they are available.

NOTE

Authority cited: Sections 142.3 and 7923, Labor Code. Reference: Sections 142.3 and 7923, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

§3195.14. Confidentiality.

Note • History

The Division shall maintain the confidentiality of all documentation and records required by this Subchapter to the extent that the Division obtains such documentation and it is protected by Labor Code Section 6322 or any other applicable provision of law.

NOTE

Authority cited: Sections 60.5, 7923 and 7928, Labor Code. Reference: Sections 6322 and 7920-7928, Labor Code.

HISTORY

1. New section filed 6-12-2003; operative 7-12-2003 (Register 2003, No. 24).

Subchapter 7. General Industry Safety Orders

INTRODUCTION

§3200. Purpose.

Note • History

To fulfill the expressed social public policy of the State of California set forth in Article XX, Section 21 of the Constitution, to make full provision for securing safety in places of employment, these General Industry Safety Orders are promulgated for the guidance of employers and employees alike. Compliance with these orders may not in itself prevent occupational injuries or diseases, but will, it is believed, provide a safe environment which is a fundamental prerequisite in controlling injuries. Every employer should provide their supervisory staff with a copy of these orders and assure that each supervisor is familiar with those sections pertaining to the operations under their supervision.

NOTE

Authority cited for § 3200 to 4207, inclusive: Sections 6312 and 6500, Labor Code. Additional authority cited: Section 6502 and Section 142.3, Labor Code.

HISTORY

1. New §§ 3200 to 4191, inclusive (except as otherwise noted) filed, and §§ 4201 to 4207, inclusive, refiled 12-19-49 (Register 18, No. 8).

2. Repealer of Subchapter 7 (Groups 1-9, §§ 3210 through 4207, not consecutive) and new Subchapter 7 (Groups 1-4, 6, 8, 10, 13-16, 18, §§ 3210 through 5370, not consecutive) filed 2-1-72 as an emergency; designated effective 2-1-72 (Register 72, No. 6). For prior history, see Register 55, No. 2., Register 57, No. 13, Register 60, No. 19, Register 61, No. 26, Register 62, Nos. 1 and 21, Register 66, Nos. 23 and 38, Register 67, Nos. 18 and 38, Register 68, No. 47, Register 69, No. 9, Register 70, Nos. 1 and 25, Register 71, No. 17, Register 72, No. 2.

3. Certificate of Compliance filed 4-26-72 (Register 72, No.19).

4. Repealer of Subchapter 7 (Groups 1-9, §§ 3210 through 4207, not consecutive) and new Subchapter 7 (Groups 1-4, 6, 8, 10, 13-16, 18, §§ 3210 through 5370, not consecutive) refiled 6-1-72 as an emergency; designated effective 6-1-72. Certificate of Compliance included (Register 72, No. 23). For prior history, see Register 72, No. 20.

5. Amendment and renumbering of subsections (a)(15) through (a)(42) filed 1-31-75 as an emergency; effective upon filing (Register 75, No. 5).

6. These orders supersede the orders heretofore separately published in Title 8, Chapter 1, Subchapter 4 entitled Dust, Fumes, Vapors and Gases Safety Orders, Engine Safety Orders, Gantry-Truck Safety Orders, General Safety Orders, Laundry Safety Orders, Mechanical Power Transmission Safety Orders, Steam Shovel and Locomotive Crane Safety Orders, Safety Orders for Women in Industry and Woodworking Safety Orders.

7. Change without regulatory effect amending section and Note filed 6-27-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 26).

§3201. Title.

These safety orders shall be known as General Industry Safety Orders.

§3202. Application.

Note • History

(a) These orders establish minimum standards and apply to all employments and places of employment in California as defined by Labor Code Section 6303; provided, however, that when the Occupational Safety and Health Standards Board has adopted or adopts safety orders applying to certain industries, occupations or employments exclusively, in which like conditions and hazards exist, those orders shall take precedence wherever they are inconsistent with the General Industry Safety Orders hereinafter set forth.

Note: Unless otherwise designated in this subchapter, the phrase “division” refers to the current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.

(b) After the date on which these Orders become effective, all installations shall conform to these Orders.

Exception: (1) Existing installations which are in compliance with safety orders, or variations therefrom, in effect prior to the effective date of these safety orders, unless the hazard presented by the installation or equipment is, in the judgment of the Chief of the Division, of such severity as to warrant control by the application of the applicable sections of these orders.

(2) Facsimiles, replicas, reproductions, or simulations when used for exhibition purposes when such compliance would be detrimental to their use for such purposes unless the hazard presented by the installation is, in the judgment of the Chief of the Division, of such severity as to warrant control by the application of the applicable sections of these Orders.

(c) Regulations herein affecting building standards, apply to any building, or building alteration, or building modification for which construction is commenced after the effective date of the regulations. Date of commencement of construction, for the purpose of this section, shall be:

(1) The advertising date for invitation of bids for State and local government projects.

(2) The building permit issuance date for other projects.

(Title 24, Part 2, Section 2-109.)

Note: Identification of Building Regulations. The basic building regulations for employments and places of employment contained in Title 24, State Buildings Standards Code, California Administrative Code are part of these safety orders. Pursuant to Health and Safety Code Section 18943(c), such building regulations are identified in these safety orders by the addition of a reference to the appropriate section of the State Building Standards Code (Title 24), which is added to the end of the safety order section:

(Title 24, Part X, Section XXXX.)

(d) Nothing contained in these regulations shall be considered as abrogating the provisions relating to public safety of any ordinance, rule or regulation of any governmental agency, providing such local ordinance, rule or regulation is not less stringent than these minimum standards.

Note: The filing date 12-19-49 shown in the History Note of Section 3200 is for the sections originally filed. The filing date of sections subsequently adopted or revised is shown in the History Note at the end of the section. Orders become effective 30 days after filing.

(Title 24, T8-3202)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer and new section filed 1-31-75 as an emergency; effective upon filing (Register 75, No. 5).

3. Certificate of Compliance filed 3-4-75 (Register 75, No. 10).

4. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

5. Amendment of subsection (a) filed 7-6-79 as procedural and organizational; effective upon filing (Register 79, No. 27).

6. Amendment of subsection (c) and NOTE filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3203. Injury and Illness Prevention Program.

Note • History

(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum:

(1) Identify the person or persons with authority and responsibility for implementing the Program.

(2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

(3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.

Exception: Employers having fewer than 10 employees shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employees' job assignments as compliance with subsection (a)(3).

(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:

(A) When the Program is first established;

Exception: Those employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing section 3203.

(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

(5) Include a procedure to investigate occupational injury or occupational illness.

(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

(A) When observed or discovered; and,

(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

(7) Provide training and instruction:

(A) When the program is first established;

Exception: Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with the previously existing Accident Prevention Program in Section 3203.

(B) To all new employees;

(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,

(F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

(b) Records of the steps taken to implement and maintain the Program shall include:

(1) Records of scheduled and periodic inspections required by subsection (a)(4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year; and

Exception: Employers with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.

(2) Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for at least one (1) year.

EXCEPTION NO. 1: Employers with fewer than 10 employees can substantially comply with the documentation provision by maintaining a log of instructions provided to the employee with respect to the hazards unique to the employees' job assignment when first hired or assigned new duties.

EXCEPTION NO. 2: Training records of employees who have worked for less than one (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon termination of employment.

Exception No. 3: For Employers with fewer than 20 employees who are in industries that are not on a designated list of high-hazard industries established by the Department of Industrial Relations (Department) and who have a Workers' Compensation Experience Modification Rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries on a designated list of low-hazard industries established by the Department, written documentation of the Program may be limited to the following requirements:

A. Written documentation of the identity of the person or persons with authority and responsibility for implementing the program as required by subsection (a)(1).

B. Written documentation of scheduled periodic inspections to identify unsafe conditions and work practices as required by subsection (a)(4).

C. Written documentation of training and instruction as required by subsection (a)(7).

Exception No. 4: Local governmental entities (any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement) are not required to keep records concerning the steps taken to implement and maintain the Program.

Note 1: Employers determined by the Division to have historically utilized seasonal or intermittent employees shall be deemed in compliance with respect to the requirements for a written Program if the employer adopts the Model Program prepared by the Division and complies with the requirements set forth therein.

Note 2: Employers in the construction industry who are required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the Division, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to the employee's job duties.

(c) Employers who elect to use a labor/management safety and health committee to comply with the communication requirements of subsection (a)(3) of this section shall be presumed to be in substantial compliance with subsection (a)(3) if the committee:

(1) Meets regularly, but not less than quarterly;

(2) Prepares and makes available to the affected employees, written records of the safety and health issues discussed at the committee meetings and, maintained for review by the Division upon request. The committee meeting records shall be maintained for at least one (1) year;

(3) Reviews results of the periodic, scheduled worksite inspections;

(4) Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness, or exposure to hazardous substances and, where appropriate, submits suggestions to management for the prevention of future incidents;

(5) Reviews investigations of alleged hazardous conditions brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspection and investigation to assist in remedial solutions;

(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and

(7) Upon request from the Division, verifies abatement action taken by the employer to abate citations issued by the Division.

NOTE

Authority cited: Sections 142.3 and 6401.7, Labor Code. Reference: Sections 142.3 and 6401.7, Labor Code.

HISTORY

1. New section filed 4-1-77; effective thirtieth day thereafter (Register 77, No. 14). For former history, see Register 74, No. 43.

2. Editorial correction of subsection (a)(1) (Register 77, No. 41).

3. Amendment of subsection (a)(2) filed 4-12-83; effective thirtieth day thereafter (Register 83, No. 16).

4. Amendment filed 1-16-91; operative 2-15-91 (Register 91, No. 8).

5. Editorial correction of subsections (a), (a)(2), (a)(4)(A) and (a)(7) (Register 91, No. 31).

6. Change without regulatory effect amending subsection (a)(7)(F) filed 10-2-92; operative 11-2-92 (Register 92, No. 40).

7. Amendment of subsection (b)(2), Exception No. 1, new Exception No. 3 through Exception No. 4, Note 2, and amendment of subsection (c)(2) filed 9-13-94; operative 9-13-94 pursuant to Government Code section 11346.2 (Register 94, No. 37).

8. Editorial correction of subsections (a)(6)(A) and (a)(7)(A) (Register 95, No. 22).

9. Amendment of subsections (b)(1)-(2) and (c)(2) filed 6-1-95; operative 7-3-95 (Register 95, No. 22).

10. Editorial correction of subsection (a)(4) (Register 2002, No. 46).

§3204. Access to Employee Exposure and Medical Records.

(a) Purpose. The purpose of this section is to provide employees and their designated representatives and authorized representatives of the Chief of the Division of Occupational Safety and Health (DOSH) a right of access to relevant exposure and medical records. Access by employees, their representatives, and representatives of DOSH is necessary to yield both direct and indirect improvements in the detection, treatment, and prevention of occupational disease. Each employer is responsible for assuring compliance with this section, but the activities involved in complying with the access to medical records provisions can be carried out, on behalf of the employer, by the physician or other health care personnel in charge of employee medical records. Except as expressly provided, nothing in this section is intended to affect existing legal and ethical obligations concerning the maintenance and confidentiality of employee medical information, the duty to disclose information to a patient/employee or any other aspect of the medical-care relationship, or affect existing legal obligations concerning the protection of trade secret information.

(b) Scope and Application.

(1) This section applies to each employer who makes, maintains, contracts for, or has access to employee exposure or medical records, or analyses thereof, pertaining to employees exposed to toxic substances or harmful physical agents.

(2) This section applies to all employee exposure and medical records, and analyses thereof, of employees exposed to toxic substances or harmful physical agents, whether or not the records are related to specific occupational safety and health standards.

(3) This section applies to all employee exposure and medical records, and analyses thereof, made or maintained in any manner by the employer, both on an in-house and on a contractual (e.g., fee-for-service) basis. Each employer shall assure that the preservation and access requirements of this section are complied with regardless of the manner in which records are made or maintained.

(1) Access. The right and opportunity to examine and copy.

(2) Analysis Using Exposure or Medical Records. Any compilation of data, or any research, statistical or other study based at least in part on information collected from individual employee exposure or medical records or information collected from health insurance claims records, provided that either the analysis has been reported to the employer or no further work is currently being done by the person responsible for preparing the analysis.

(3) Designated Representative. Any individual or organization to whom an employee gives written authorization to exercise a right of ac-- cess. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative for the purpose of access to employee exposure records and analyses using exposure or medical records, but access to an employee's medical records requires the employee's written consent.

(4) Employee. A current employee, a former employee, or an employee being assigned or transferred to work where there will be exposure to toxic substances or harmful physical agents. For the purpose of this section, a deceased or legally incapacitated employee's legal representative may exercise all of the employee's rights under this section.

(5) Employee Exposure Record. A record containing any of the following kinds of information concerning employee exposure to toxic substances or harmful physical agents:

(A) Environmental (workplace) monitoring or measuring, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;

(B) Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;

(D) In the absence of (A), (B) or (C) above, a record, such as a chemical inventory or any other record, which reveals the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent and where and when the toxic substance or harmful physical agent was used.

(6) Employee Medical Record. A record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician.

(A) Employee medical record includes the following:

1. Medical and employment questionnaires or histories (including job description and occupational exposures);

2. The results of medical examinations (pre-employment, pre-assignment, periodic, or episodic) and laboratory tests (including chest and other X-ray examinations taken for the purposes of establishing a base-line or detecting occupational illness, and all biological monitoring not defined as an “employee exposure record”);

3. Medical opinions, diagnoses, progress notes, and recommendations;

4. First-aid records;

5. Descriptions of treatments and prescriptions; and

6. Employee medical complaints.

(B) Employee medical record does not include medical information in the form of:

1. Physical specimens (e.g. blood or urine samples) which are routinely discarded as a part of normal medical practice; or

2. Records concerning health insurance claims if maintained separately from the employer's medical program and its records, and not accessible to the employer by employee name or other direct personal identifier (e.g., social security number, payroll number, etc.); or

3. Records created solely in preparation for litigation which are protected from discovery under the applicable rules of procedure or evidence; or

4. Records concerning voluntary employee assistance programs (alcohol, drug abuse, or personal counseling programs) if maintained separately from the employer's medical program and its records.

(7) Employer. A current employer, a former employer, or a successor employer.

(8) Exposure or Exposed. Employee subjection to a toxic substance or harmful physical agent in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes past exposure and potential (e.g., accidental or possible) exposure, but does not include situations where the employer can demonstrate that the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.

(9) Health Professional. A physician, occupational health nurse, industrial hygienist, toxicologist, or epidemiologist providing medical or other occupational health services to exposed employees.

(10) Record. Any item, collection, or grouping of information regardless of the form or process by which it is maintained (e.g., paper document, microfiche, microfilm, X-ray film, or automated data processing).

(11) Specific Chemical Identity. The chemical name, Chemical Abstracts Service (CAS) Registry Number, or any other information that reveals the precise chemical designation of the substance.

(12) Specific Written Consent.

(A) A written authorization containing the following:

1. The name and signature of the employee authorizing the release of medical information;

2. The date of the written authorization;

3. The name of the individual or organization that is authorized to release the medical information;

4. The name of the designated representative (individual or organization) that is authorized to receive the released information;

5. A general description of the medical information that is authorized to be released;

6. A general description of the purpose for release of the medical information; and

7. A date or condition upon which the written authorization will expire (if less than one year).

(B) A written authorization does not operate to authorize the release of medical information not in existence on the date of written authorization, unless the release of future information is expressly authorized, and does not operate for more than one year from the date of written authorization.

(13) Toxic Substance or Harmful Physical Agent. Any chemical substance, biological agent (bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and non-ionizing radiation, hypo- or hyperbaric pressure, etc.) which:

(A) Is regulated by any California or Federal law or rule due to a hazard to health;

(B) Is listed in the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) (See Appendix B);

(C) Has yielded positive evidence of an acute or chronic health hazard in human, animal, or other biological testing conducted by, or known to, the employer; or

(D) Is the subject of a material safety data sheet kept by or known to the employer which indicates that the material may pose a hazard to human health.

(14) Trade Secret. Any confidential formula, pattern, process, device, or information or compilation of information that is used in an employer's business and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it.

(d) Preservation of Records.

(1) Unless a specific occupational safety and health regulation provides a different period of time, each employer shall assure the preservation and retention of records as follows:

(A) Employee Medical Records. The medical record for each employee shall be preserved and maintained for at least the duration of employment plus thirty (30) years, except that the following types of records need not be retained for any specific period:

1. Health insurance claims records maintained separately from the employer's medical program and its records;

2. First aid records (not including medical histories) of one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, and the like which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job, if made on-site by a non-physician and if maintained separately from the employer's medical program and its records; and

3. The medical records of employees who have worked for less than (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon the termination of employment.

(B) Employee Exposure Records. Each employee exposure record shall be preserved and maintained for at least thirty (30) years, except that:

1. Background data to environmental (workplace) monitoring or measuring, such as laboratory reports and worksheets, need only be retained for one (1) year so long as the sampling results, the collection methodology (sampling plan), a description of the analytical and mathematical methods used, and a summary of other background data relevant to interpretation of the results are retained for at least thirty (30) years;

2. Material safety data sheets shall be retained as necessary to comply with the provisions of section 5194. Where material safety data sheets are destroyed, a record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used shall be retained for at least thirty years; and

3. Section 3204(c)(5)(D) records concerning the identity of a substance or agent need not be retained for any specified period as long as some record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used is retained for at least thirty years.

4. Biological monitoring results designated as exposure records by specific occupational safety and health regulations shall be preserved and maintained as required by the specific regulation.

(C) Analyses Using Exposure or Medical Records. Each analysis using exposure or medical records shall be preserved and maintained for at least thirty (30) years.

(2) Nothing in this section is intended to mandate the form, manner, or process by which an employer preserves a record so long as the information contained in the record is preserved and retrievable, except that chest X-ray films shall be preserved in their original state.

(e) Access to Records.

(1) General.

(A) Whenever an employee or designated representative requests access to a record, the employer shall assure that access is provided in a reasonable time, place, and manner, but in no event later that fifteen (15) days after the request for access is made. Before the time for providing access has expired, an employer after notice to the employee or designated representative may, by notification to be followed in writing, request an extension of time from the Chief, Division of Occupational Safety and Health, which shall be granted upon a finding of good cause by the Chief.

(B) The employer may require of the requester only such information as should be readily known to the requester and which may be necessary to locate or identify the records being requested (e.g., dates and locations where the employee worked during the time period in question).

(C) Whenever an employee or designated representative requests a copy of a record, the employer shall assure that either:

1. A copy of the record is provided without cost to the employee or designated representative;

2. The necessary mechanical copying facilities (e.g. photocopying) are made available without cost to the employee or designated representative for copying the record; or

3. The record is loaned to the employee or designated representative for a reasonable time to enable a copy to be made.

(D) In the case of an original X-ray, the employer may restrict access to on-site examination or make other suitable arrangements for the temporary loan of the X-ray.

(E) Whenever a record has been provided previously without cost to an employee or designated representative, the employer may charge reasonable, non-discriminatory administrative costs (i.e., search and copying expenses but not including overhead expenses) for additional copies of the record.

Exceptions:
1. An employer shall not charge for an initial request for a copy of new information that has been added to a record which was previously provided.
2. An employer shall not charge for an initial request by a recognized or certified collective bargaining agent for a copy of an employee exposure record or an analysis using exposure or medical records.

(F) Nothing in this section is intended to preclude employees and collective bargaining agents from collectively bargaining to obtain access to information in addition to that available under this section.

(G) Whenever an employee requests access to a specific written consent submitted to the employer, the employer shall comply pursuant to the provisions for affording employee access to records stipulated by sections 3204(e)(1)(A)-(C).

(2) Employee and Designated Representative Access.

(A) Employee Exposure Records.

1. Except as limited by section 3204(f), each employer shall, upon request, assure the access of each employee and designated representative to employee exposure records relevant to the employee. For the purpose of this section, exposure records relevant to the employee consist of:

a. A record containing measurements or monitoring results of the amount of a toxic substance or harmful physical agent to which the employee is or has been exposed;

b. In the absence of such directly relevant records, such records of other employees with past or present job duties or working conditions related to or similar to those of the employee to the extent necessary to reasonably indicate the amount and nature of the toxic substances or harmful physical agents to which the employee is or has been subjected; and

c. Exposure records to the extent necessary to reasonably indicate the amount and nature of the toxic substance or harmful physical agent at workplaces or working conditions to which the employee is being assigned or transferred.

2. Requests by designated representatives for unconsented access to employee exposure records shall be in writing and shall specify with reasonable particularity:

a. The records requested to be disclosed; and

b. The occupational health need for gaining access to these records.

(B) Employee Medical Records.

1. Each employer shall, upon request, assure the access of each employee to employee medical records of which the employee is the subject, except as provided in section 3204(e)(2)(B)4.

2. Each employer shall, upon request, assure the access of each designated representative to the employee medical records of any employee who has given the designated representative specific written consent.

NOTE: Appendix A to this section contains a sample form which may be used to establish specific written consent for access to employee medical records.

3. Whenever access to employee medical records is requested in accordance with section 3204(e)(2)(B)1 or 2, a physician representing the employer may recommend that the employee or designated representative: consult with the physician for the purposes of reviewing and discussing the records requested; accept a summary of material facts and opinions in lieu of the records requested; or accept release of the requested records only to a physician or other designated representative.

4. Whenever an employee requests access to his or her employee medical records and a physician representing the employer believes that direct employee access to information contained in the records regarding a specific diagnosis of a terminal illness or a psychiatric condition could be detrimental to the employee's health, the employer may deny the employee's request for direct access to this information only, and the employer shall inform the employee that access will only be provided to a designated representative of the employee having specific written consent.

5. Where a designated representative with specific written consent requests access to information withheld in accordance with section 3204(e)(2)(B)4, the employer shall assure the access of the designated representative to this information even when it is known that the designated representative will give the information to the employee.

NOTE: Nothing in this section precludes a physician, nurse, or other responsible health care personnel maintaining employee medical records from deleting from requested medical records the identity of a family member, personal friend, or fellow employee who has provided confidential information concerning an employee's health status.

1. Each employer shall, upon request, assure the access of each employee and designated representative to each analysis using exposure or medical records concerning the employee's working conditions or workplace.

2. Whenever access is requested to an analysis which reports the contents of employee medical records by either direct identifier (name, address, social security number, payroll number, etc.) or by information which could reasonably be used under the circumstances indirectly to identify specific employees (exact age, height, weight, race, sex, date of initial employment, job title, etc.), the employer shall assure that personal identifiers are removed before access is provided. If the employer can demonstrate that removal of personal identifiers from an analysis is not feasible, access to the personally identifiable portions of the analysis need not be provided.

(3) Division of Occupational Safety and Health Access.

(A) Each employer shall, upon request, and without derogation of any rights under the Constitution of the United States, the Constitution of the State of California or the California Occupational Safety and Health Act of 1973, Labor Code sections 6300 et seq., that the employer chooses to exercise, assure the prompt access of representatives of the Chief of the Division of Occupational Safety and Health (DOSH) to employee exposure and medical records and to analyses using exposure or medical records.

(B) Whenever DOSH seeks access to personally identifiable employee medical information by presenting to the employer a written access order, the employer shall prominently post a copy of the written access order and its accompanying cover letter for at least fifteen (15) working days.

(f) Trade Secrets.

(1) Except as provided in section 3204(f)(2), nothing in this section precludes an employer from deleting from records requested by a health professional, an employee or designated representative any trade secret data which discloses manufacturing processes, or discloses the percentage of a chemical substance in a mixture, as long as the health professional, employee or designated representative is notified that such information has been deleted. Whenever deletion of trade secret information substantially impairs evaluation of the place where or the time when exposure to a toxic substance or harmful physical agent occurred, the employer shall provide alternative information which is sufficient to permit the requesting party to identify where and when exposure occurred.

(2) The employer may withhold the specific chemical identity, including the chemical name and other specific identification of a toxic substance from a disclosable record provided that:

(A) Evidence is included to support the claim that the information withheld is a trade secret;

(B) All other available information on the properties and effects of the toxic substance is disclosed;

(C) The employer informs the requesting party that the specific chemical identity is being withheld as a trade secrete; and

(D) The specific chemical identity is made available to health professionals,employees and designated representatives in accordance with the specific applicable provisions of this subsection, section 3204(f).

(3) Where a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a toxic substance is necessary for emergency or first-aid treatment, the employer shall immediately disclose the specific chemical identity of a trade secret chemical to the treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The employer may require a written statement of need and confidentiality agreement, in accordance with the provisions of section 3204(f)(4) and (f)(5), as soon as circumstances permit.

(4) In non-emergency situations, an employer shall, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under section 3204(f)(2), to a health professional, employee, or designated representative if:

(A) The request is in writing;

(B) The request describes with reasonable detail one or more of the following occupational health needs for the information:

1. To assess the hazards of the chemicals to which employees will be exposed;

2. To conduct or assess sampling of the workplace atmosphere to determine employee exposure levels;

3. To conduct pre-assignment or periodic medical surveillance of exposed employees;

4. To provide medical treatment to exposed employees;

5. To select or assess appropriate personal protective equipment for exposed employees;

6. To design or assess engineering controls or other protective measures for exposed employees; and

7. To conduct studies to determine the health effects of exposure.

(C) The request explains in detail why the disclosure of the specific chemical identity is essential and that in lieu thereof, the disclosure of the following information would not enable the health professional, employee or designated representative to provide the occupational health services described in section 3204(f)(4)(B):

1. The properties and effects of the chemical;

2. Measures for controlling worker's exposure to the chemical;

3. Methods of monitoring and analyzing worker's exposure to the chemical; and

4. Methods of diagnosing and treating harmful exposures to the chemical.

(D) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and

(E) The health professional, employee or designated representative and the employer or contractor of the services of the health professional or designated representative agree in a written confidentiality agreement that the health professional, employee or designated representative will not use the trade secret information for any purpose other than the health needs(s) asserted and agree not to release the information under any circumstances other than to DOSH, as provided in section 3204(f)(9), except as authorized by the terms of the agreement or by the employer.

(5) The confidentiality agreement authorized by section 3204(f)(4)(D):

(A) May restrict the use of the information to the health purposes indicated in the written statement of need;

(B) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and

(6) Nothing in this section is meant to preclude the parties from pursuing non-contractual remedies to the extent permitted by law.

(7) If the health professional, employee or designated representative receiving the trade secret information decides that there is a need to disclose it to DOSH, the employer who provided the information shall be informed by the health professional prior to, or at the same time as, such disclosure.

(8) If the employer denies a written request for disclosure of a specific chemical identity, the denial must:

(A) Be provided to the health professional, employee or designated representative within thirty days of the request:

(B) Be in writing;

(D) State the specific reasons why the request is being denied; and

(E) Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity.

(9) The health professional, employee or designated representative whose request for information is denied under section 3204(f)(4) may refer the request and the written denial of the request to DOSH for consideration.

(10) When a health professional, employee or designated representative refers a denial to DOSH under section 3204(f)(9), DOSH shall consider the evidence to determine if:

(A) The employer has supported the claim that the specific chemical identity is a trade secret;

(B) The health professional, employee or designated representative has supported the claim that there is a medical or occupational health need for the information; and

(C) The health professional, employee or designated representative has demonstrated adequate means to protect the confidentiality.

(11) (A) If DOSH determines that the specific chemical identity requested under section 3204(f)(4) is not a bona fide trade secret, or that it is a trade secret but the requesting health professional, employee or designated representative has a legitimate medical or occupational health need for the information and has executed a written confidentiality agreement with adequate means for complying with the terms of such agreement, the employer will be subject to citation by DOSH.

(B) If an employer demonstrates to DOSH that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of a specific chemical identity trade secret, the Chief of DOSH may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health needs are met without an undue risk of harm to the employer.

(12) Notwithstanding the existence of a trade secret claim, and employer shall, upon request, disclose to the Chief of DOSH any information which this section requires the employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the Chief of DOSH so that dutiable determinations of trade secret status can be made and the necessary protection can be implemented.

(13) Nothing in this section shall be construed as requiring the disclosure under any circumstances of process or percentage of mixture information which is a trade secret.

(g) Employee Information.

(1) Upon an employee's first entering into employment, and at least annually thereafter, each employer shall inform current employees covered by this section of the following:

(A) The existence, location, and availability of any records covered by this section;

(B) The person responsible for maintaining and providing access to records; and

(2) Each employer shall keep a copy of this section and its appendices and make copies readily available, upon request, to employees. The employer shall also distribute to current employees any informational materials concerning this section which are made available to the employer by the Chief of DOSH.

(h) Transfer of Records.

(1) Whenever an employer is ceasing to do business, the employer shall transfer all records subject to this section to the successor employer. The successor employer shall receive and maintain these records.

(2) Whenever an employer is ceasing to do business and there is no successor employer to receive and maintain the records subject to this standard, the employer shall notify affected employees of their rights of access to records at least three (3) months prior to the cessation of the employer's business.

(3) Whenever an employer either is ceasing to do business and there is no successor employer to receive and maintain the records, or intends to dispose of any records required to be preserved for at least thirty (30) years, the employer shall:

(A) Transfer the records to the Director of the National Institute for Occupational Safety and Health (NIOSH) if so required by a specific occupational safety and health standard; or

(B) Notify the Director of NIOSH in writing of the impending disposal of records at least three (3) months prior to the disposal of the records.

(4) Where an employer regularly disposes of records required to be preserved for at least thirty (30) years, the employer may, with at least three (3) month's notice, notify the Director of NIOSH on an annual basis of the records intended to be disposed of in the coming year.

(i) Appendices. The information contained in the appendices to this section is not intended, by itself, to create any additional obligations not otherwise imposed by this section or to detract from any existing obligation.

Appendix A

Sample Authorization Letter for the Release of Employee Medical Record Information to a Designated Representative

I, _________________________________________, (full name of worker/patient) hereby authorize ________________ (individual or organization holding the medical records) to release to ________________ (individual or organization authorized to receive the medical information), the following medical information from my personal medical records:

(Describe generally the information desired to be released.)

I give my permission for this medical information to be used for the following purpose: ________________ , but I do not give permission for any other use or re-disclosure of this information.

(NOTE.--You may want to place additional restrictions on this authorization letter. For example, you may want to (1) specify a particular expiration date for this letter (if less than one year); (2) describe medical information to be created in the future that you intend to be covered by this authorization letter;or (3) describe portions of the medical information in your records which you do not intend to be released as a result of this letter.) [Your right of access to a specific written consent form submitted to your employer is provided by section 3204(e)(1)(D).]

Full name of Employee or Legal Representative

Signature of Employee or Legal Representative

Date of Signature

Appendix B

Availability of NIOSH Registry of Toxic Effects of Chemical Substances (RTECS)

Section 3204 applies to all employee exposure and medical records, and analyses thereof, of employees exposed to toxic substances or harmful physical agents [subsection (b)(2)]. The term“toxic substance or harmful physical agent” is defined by section 3204(c)(13) to encompass chemical substances, biological agents, and physical stresses for which there is evidence of harmful health effects. The regulation uses the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) as one of the chief sources of information as to whether evidence of harmful health effects exists. If a substance is listed in the latest printed RTECS, the regulation applies to exposure and medical records (and analyses of these records) relevant to employees exposed to the substance.

It is appropriate to note that the regulation does not require that employers purchase a copy of RTECS; and many employers need not consult RTECS to ascertain whether their employee exposure or medical records are subject to the regulation. Employers who do not currently have the latest printed edition of the NIOSH RTECS, however, may desire to obtain a copy. The RTECS is issued in an annual printed edition as mandated by section 20(a)(6) of the Occupational Safety and Health Act [29 U.S.C. 669(a)(6)].

The Introduction to the 1980 printed edition describes the RTECS as follows:

“The 1980 edition of the Registry of Toxic Effects of Chemical Substances, formerly known as the Toxic Substances list, is the ninth revision prepared in compliance with the requirements of section 20(a)(6) of the Occupational Safety and Health Act of 1970 (Public Law 91-596). The original list was completed on June 28, 1971, and has been updated annually in book format. Beginning in October 1977, quarterly revisions have been provided in microfiche. This edition of the Registry contains 168,096 listings of chemical substances: 45,156 are names of different chemicals with their associated toxicity data and 122,940 are synonyms. This edition includes approximately 5,900 new chemical compounds that did not appear in the 1979 Registry.” (p. xi)

“The Registry's purposes are many, and it serves a variety of users. It is a single source document for basic toxicity information and for other data, such as chemical identifiers and information necessary for the preparation of safety directives and hazard evaluations for chemical substances. The various types of toxic effects linked to literature citations provide researchers and occupational health scientists with an introduction to the toxicological literature, making their own review of the toxic hazards of a given substance easier. By presenting data on the lowest reported doses that produce effects by several routes of entry in various species, the Registry furnishes valuable information to those responsible for preparing safety data sheets for chemical substances in the workplace. Chemical and production engineers can use the Registry to identify the hazards which may be associated with chemical intermediates in the development of final products, and thus can more readily select substitutes or alternate processes which may be less hazardous. Some organizations, including health agencies and chemical companies, have included the NIOSH Registry accession numbers with the listing of chemicals in their files to reference toxicity information associated with those chemicals. By including foreign language chemical names, a start has been made toward providing rapid identification of substances produced in other countries.” (p. xi)

“In this edition of the Registry, the editors intend to identify `all known toxic substances' which may exist in the environment and to provide pertinent data on the toxic effects from known doses entering an organism by any route described.” (p. xi)

“It must be reemphasized that the entry of a substance in the Registry does not automatically mean that it must be avoided. A listing does mean, however, that the substance has the documented potential of being harmful if misused, and care must be exercised to prevent tragic consequences. Thus, the Registry lists many substances that are common in everyday life and are in nearly every household in the United States. One can name a variety of such dangerous substances: prescription and non-prescription drugs; food additives; pesticide concentrates, sprays, and dusts; fungicides; herbicides; paints; glazes, dyes; bleaches and other household cleaning agents; alkalies; and various solvents and diluents. The list is extensive because chemicals have become an integral part of our existence.” (p. xiv)

The RTECS printed edition may be purchased from the Superintendent of Documents, U.S. Government Printing Office (GPO), Washington, D.C. 20402 (202-783-3238).

Some employers may also desire to subscribe to the quarterly update to the RTECS which is published in a microfiche edition. An annual subscription to the quarterly microfiche may be purchased from the GPO (Order the “Microfiche Edition, Registry of Toxic Effects of Chemical Substances”). Both the printed edition and the microfiche edition of RTECS are available for review at many university and public libraries throughout the country. The latest RTECS editions may also be examined at the OSHA Technical Data Center, Room N2439--Rear, United States Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210 (202-523-9700), or at any OSHA Regional or Area Office (See, major city telephone directories under United States Government--Labor Department).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section (including Appendices A and B) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12). For prior history, see Registers 74, No. 43; 72, No. 23; 72, No. 19; and 72, No. 6.

2. Amendment of subsection (d)(1)(B) filed 12-23-81; effective thirtieth day thereafter (Register 81, No. 52).

3. Editorial correction of subsection (e)(3) filed 12-23-81; effective upon filing (Register 81, No. 52).

4. Amendment filed 6-18-90; operative 7-18-90 (Register 90, No. 33).

§3205. “Shall” and “Should.” [Repealed]

Note • History

HISTORY

1. Repealer filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

§3206. Approvals.

Note • History

(a) Approvals.

Exception: Where written approval by the Division is required in these orders.

(b) The division may require proof in addition to that under (a) that the products, materials, devices, systems, or installations will provide reasonable safety under the conditions of use.

(Title 24, Part 2, Section 2-110.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43). For history of former section, see Register 72, No. 23.

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Repealer and new section filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

4. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

5. Amendment of subsection (a) filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

Group 1. General Physical Conditions and Structures

Article 1. Definitions

§3207. Definitions.

Note • History

(a) The following terms are defined for general use in these regulations; specialized definitions appear in individual articles. (See Definitions in the Index)

Access. A means of reaching a work space of a work area.

Accessible. Within reach from a work space or work area.

Accessible Location. A location which can be reached by an employee standing on the floor, platform, runway, or other permanent working area.

Adequate. Sufficient to reduce the risk to an acceptable minimum.

Agricultural Building. A building located on agricultural property and used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation, and which is not used by the public.

Alternating Tread Stairs. A stair on which the treads are approximately one-half the width of the stair and alternate from right to left, consecutively, for the length of the stair.

ANSI. American National Standards Institute.

Approvals. See Section 3206.

Assembly Building. A building or portion of a building:

(A) Used or intended to be used for the gathering together of 50 or more persons for such purposes of amusement, entertainment, instruction, deliberation, worship, drinking, or dining, awaiting transportation or education, or;

(B) Any building or structure or portion thereof used or intended to be used for the showing of motion pictures when an admission fee is charged and when such buildings or structure is open to the public and has a capacity of 10 or more persons.

Attic Story. Any story immediately below the roof and wholly or partly within the roof framing, designed, arranged, or built for business or storage use.

Authorized (in reference to an employee's assignment). Selected by the employer for that purpose.

Balcony, Exterior Exit. A landing or porch projecting from the wall of a building, and which serves as a required means of egress. The long side shall be at least 50 percent open, and the open area above the guardrail shall be so distributed as to prevent the accumulation of smoke or toxic gases.

Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. (See “Story.”)

Bite. The nip point between two in-running rolls.

Boiler, High Pressure. A boiler furnishing steam at pressures in excess of 15 pounds per square inch or hot water at temperatures in excess of 250o F, or at pressures in excess of 160 pounds per square inch.

Boiler, Low Pressure Hot Water. A boiler furnishing hot water at pressures not exceeding 160 pounds per square inch, or at temperatures of 250 degrees and below.

Boiler, Low Pressure Steam. A boiler furnishing steam at or below 15 pounds per square inch.

Boiler Room. Any room containing a steam or hot water boiler.

Bond. An electrical connection from one conductive element to another for the purpose of minimizing potential differences or providing suitable conductivity for fault current or for mitigation of leakage current and electrolytic action.

Building. Any structure as to which state agencies have regulatory power, built for support, shelter, housing or enclosure of persons, animals, chattels, equipment, or property of any kind, and also includes structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of. All appendages, accessories, apparatus, appliances, and equipment installed as a part of a building or structure shall be deemed to be a part thereof, but “building” shall not include machinery, equipment, or appliances installed for manufacture or process purposes only, nor shall it include any construction installations which are not a part of a building, any tunnel, mine shaft, highway, or bridge, or include any house trailer or vehicle which conforms to the Vehicle Code.

Building, Existing. See Section 3202.

CAC. California Administrative Code.

Calendar. A machine equipped with two or more metal rolls revolving in opposite directions and used for continuously sheeting or plying up rubber and plastics compounds and for frictioning or coating materials with rubber and plastics compounds.

Catwalk (Maintenance Runway). Narrow elevated level or inclined walkway not intended as a routine passageway, but normally used as access for special purposes such as light maintenance, adjustment, inspection, or observation.

Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See “Story.”)

Court. An open, uncovered and unoccupied space, unobstructed to the sky, bounded on three or more sides by exterior building walls.

Court (enclosed). A court bounded on all sides by the exterior walls of a building or exterior walls and lot lines on which walls are allowable.

Crossover. A means to allow employees to pass over or cross a horizontal belted or live roller conveyor without the employee's feet coming into contact with moving or movable elements of the conveyor. Such means shall include, but are not limited to, catwalks as specified in Section 3273 of these Orders, non-continuous, slip resistant (e.g. raised diamond-studded) metal “stepping stones” (e.g. “walking pads”), or replacing conveyor rollers with continuous parallel metal strip walking surfaces (“crosswalks”).

Dead Load. The dead load of a building shall include the weight of the walls, permanent partitions, framing, floors, roofs, and all other permanent stationary construction entering into and becoming a part of a building.

Division. The Division of Occupational Safety and Health.

Dockboard (Dock Plate). A portable or fixed device for spanning the gap or compensating for difference in level between loading platforms and carriers.

Doors.

(A) Automatic-Closing Doors are those which are normally open but will close at the time of fire. A door may be made automatic closing by the installation of a closing device and a separate, labeled, fail-safe door-holder/release device or a hold-open mechanism which may be an integral part of the basic closing device, provided the hold-open mechanism is released by one or a combination of automatic fire detectors acceptable to the authority having jurisdiction.

(B) Power-Operated Fire Doors are those which are normally opened and closed by power. They shall be equipped with a releasing device which will automatically disconnect the power operator at the time of fire, allowing a self-closing or automatic device to close the door irrespective of power failure or manual operation.

(C) Self-Closing Doors are those which, when opened, return to the closed position. The door shall swing easily and freely and shall be equipped with a closing device to cause the door to close and latch each time it is opened. The closing mechanism shall not have a hold-open feature.

Emergency Action Plan. A plan for a workplace, or parts thereof, describing what procedures the employer and employees must take to ensure employee safety from fire or other emergencies.

Emergency Escape Route. The route that employees are directed to follow in the event they are required to evacuate the workplace or seek a designated refuge area.

Equivalent. An alternate design, feature, device, or protective action which provides an equal degree of safety.

Exit. A continuous and unobstructed means of egress to a public way, and shall include intervening doors, doorways, corridors, exterior exit balconies, ramps, stairways, smokeproof enclosures, horizontal exits, exit passageways, exit courts, and yards.

Exit Passageway. An enclosed means of egress connecting a required exit or exit court with a public way.

Fire Wall. A fire wall may be broadly defined as a wall erected to prevent the spread of fire. To be effective, fire walls must have sufficient fire resistance to withstand the effects of the most severe fire that may be expected to occur in the building and must provide a complete barrier to the spread of fire. Any openings in a fire wall must be suitably protected.

Floor Hole. Any opening in a floor or platform which is smaller than a floor opening.

Floor Opening. An opening in any floor or platform, 12 inches or more in the least horizontal dimension. It includes stairway floor openings, ladderway floor openings, hatchways, and chute floor openings.

Flume. An elevated artificial channel or trough for conducting water. Water flumes may be constructed of wood, metal or concrete or combination of the preceding. They may be either open on top or partially covered by rigid members (caps) laid across the flume perpendicular to the water flow.

Flume Patrol. The on-site assessment/inspection of a flume's physical condition, and/or structural integrity conducted by a qualified person. The qualified person may inspect the flume or portions thereof from ground level, and/or from an elevated catwalk/walkway located above or along the flume.

Frequent. For the purpose of these orders frequent shall mean more than twelve times each year unless specifically stated otherwise in individual orders.

Fumigant. A substance or mixture of substances, used to kill pests or prevent infestation, which is a gas or is rapidly or progressively transformed to the gaseous state, even though some nongaseous or particulate matter may remain and be dispersed in the treatment space.

Gantry Truck. An automotive vehicle so designed and constructed that it straddles the load to be transported, and by means of appropriate mechanisms, picks up the load and supports it during transportation.

Grounded, Effectively. Intentionally connected to earth through a ground connection or connections of sufficiently low impedance and having sufficient current-carrying capacity to prevent the build-up of voltages which may result in undue hazard to connected equipment or persons.

Guardrail. A vertical barrier erected along the open edges of a floor opening, wall opening, ramp, platform, runway, or other elevated area to prevent falls of persons.

Handrail. A device to be used as a handhold.

Hazard, Extra. Areas where the amount of combustibles or flammable liquids present is such that fires of severe magnitude may be expected. These may include woodworking, auto repair, aircraft servicing, warehouses with high-piled (over 15 feet in solid piles, over 12 feet in piles that contain horizontal channels) combustibles and processes such as flammable liquid handling, painting, dipping, etc.

Hazard, High. Areas where the contents are classified as liable to burn with extreme rapidity or from which poisonous fumes or explosions are to be feared in the event of fire.

Hazard, Light. Areas where the amount of combustibles or flammable liquids present is such that fires of small size may be expected. These may include offices, schoolrooms, churches, assembly halls, telephone exchanges, etc.

Hazard, Low. Areas where the contents are classified as being of such low combustibility that no self propagating fire therein can occur and that consequently the only probable danger requiring the use of emergency exits will be from panic, fumes, or smoke, or fire from some external source.

Hazard, Ordinary. Where the amount of combustibles or flammable liquids present is such that fires of moderate size may be expected. These may include mercantile storage and display, auto showrooms, parking garages, light manufacturing, warehouses not classified as extra hazard, school shop areas, etc.

Hazardous Substance. One which by reason of being explosive, flammable, toxic, poisonous, corrosive, oxidizing, irritant, or otherwise harmful is likely to cause injury.

Horizontal Exit. A way of passage from one building to an area of refuge in another building on approximately the same level, or a way of passage through or around a wall or partition to an area of refuge on approximately the same level in the same building, which affords safety from fire or smoke from the area of escape and areas communicating therewith.

Inaccessible Location. A location to which access is provided only by portable ladders or other portable temporary means.

Industrial Stairs. A series of steps leading from one level or floor to another, or leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment. A series of steps and landings having three or more risers constitutes an industrial stair or stairway.

Installation. An entire plant with all its accessories or any machine, tool, equipment, process, apparatus, subject or item covered under these orders.

Institutional Occupancy. The occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable or other care or treatment, or by persons involuntarily detained.

Landing. An extended step or platform breaking a continuous run of steps or ramps.

Listed. See Section 3206, Approvals.

Live Load. The live load includes all loads except dead and lateral loads.

Loading Ramp. A readily moveable or portable surface of fixed or adjustable slope designed to facilitate transfer of cargo or materials handling equipment to bridge the space between a vehicle and a receiving level or area.

Mercantile Occupancy. The occupancy or use of a building or structure or any portion thereof for the displaying, selling or buying of goods, wares, or merchandise.

Mezzanine or Mezzanine Floor. An intermediate floor placed in any story or room. When the total area of any such “Mezzanine Floor” exceeds 33 1/3 percent of the total floor area in that room, it shall be considered as constituting an additional “Story.” The clear height above or below a “Mezzanine Floor” construction shall be not less than 7 feet.

Microtome. A device that cuts extremely thin slices of material for microscopic study. Microtomes include hand-powered (manual), semi-automatic and automatic units. This equipment also may be called a “histotome” or “cryostat”.

Mill. A machine consisting of two adjacent metal rolls, set horizontally, which revolve in opposite directions (i.e., toward each other as viewed from above) used for the mechanical working of rubber and plastics compounds.

New Installation.

(A) An installation made after these Orders become effective.

(B) An existing fixed installation materially altered or otherwise materially changed after the date these Orders become effective. Materially altered or materially changed as used above does not mean the replacement of parts, maintenance, or the installation of devices designed to decrease the hazard of installation.

Noncombustible as applied to building construction material means a material which, in the form in which it is used, is either one of the following:

1. Material of which no part will ignite and burn when subjected to fire. Any material conforming to U.B.C. Standard No. 4-1 shall be considered noncombustible within the meaning of this section.

2. Material having a structural base of noncombustible material as defined in Item No. 1 above, with a surfacing material not over 1/8 inch thick which has a flame-spread rating of 50 or less.

“Noncombustible” does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to Item No. 1. No material shall be classed as noncombustible which is subject to increase in combustibility or flame-spread rating, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. Flame-spread rating as used herein refers to rating obtained according to tests conducted as specified in U.B.C. Standard No. 42-1.

Nose, Nosing. That portion of a tread projecting beyond the face of the riser immediately below.

Occupancy. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Office Occupancy. The occupancy or use of a building or structure or any portion thereof for the transaction of business, or the rendering or receiving of professional services.

Occupant Load. The total number of persons that may occupy a building or portion thereof at any one time.

Open Riser. The air space between the treads of stairways without upright members (risers).

Panic Hardware. A bar which extends not less than one-half the width of each door leaf, not less than 30 nor more than 44 inches above the floor, which will unlatch the door when a force to the bar not to exceed 15 pounds is applied in the direction of exit travel.

Personal Fall Arrest System. A system used to arrest an employee in a fall from a working level. It consists of an anchorage, connectors, body harness and may include a lanyard, deceleration device, lifeline, or suitable combinations of the aforementioned components/devices.

Personal Fall Protection System. A personal fall protection system includes personal fall arrest systems, positioning device systems, fall restraint systems, safety nets and guardrails.

Personal Fall Restraint System. A system used to prevent an employee from falling. It consists of an anchorage, connectors, and body belt/harness. It may include, lanyards, lifelines, and rope grabs designed for that purpose.

Platform. An elevated working level for persons. Storage platforms, balconies and open-sided floors are considered platforms for the purpose of these orders.

Positioning Device System. A body belt or body harness system rigged to allow an employee to be supported on an elevated surface, such as a wall, and work with both hands free while leaning.

Private Stairway. A stairway serving one tenant only.

Public Way. Any parcel of land unobstructed from the ground to the sky, more than 10 feet in width, appropriated to the free passage of the general public.

Pyroxylin Plastic. Any plastic substance, material, compound, other than nitro-cellulose film, having soluble cotton or similar nitro-cellulose as a base, including celluloid, fiber-loid, pyralin, viscoloid, zylonite and similar products, materials and compounds by whatever name known, when in the form of blocks, slabs, sheets, tubes or fabricated shapes.

Qualified Person, Attendant or Operator. A person designated by the employer who by reason of his training and experience has demonstrated his ability to safely perform his duties and, where required, is properly licensed in accordance with federal, state, or local laws and regulations.

Ramp. Inclined passageway connecting two levels and usually used for pedestrian traffic; does not include catwalks or stairs.

Ramp, Industrial. Permanently installed inclined passageway connecting two levels and designed primarily for industrial trucks; does not include portable ramps, dockboards, dock levelers, or catwalks.

Required Exit. A means of egress required by these orders.

Rise. The vertical distance from the top of a tread to the top of the next higher tread.

Riser. The upright member of a step situated at the back of a lower tread and near the leading edge of the next higher tread.

Rope Access. The use of rope access equipment where ropes are used as the primary means of support, as a means of protection or positioning, and where an employee descends or ascends on a rope, or traverses along a rope.

Rope Access Equipment. Specialized equipment approved for use with rope access techniques to suspend, support, position or protect an employee.

Runway. An elevated passageway. Runways are sometimes referred to as catwalks, footwalks, elevated walkways, oilers' platforms or maintenance runways.

Shall. A mandatory requirement.

Shear Point. The immediate area where two or more machine elements pass in close contact, creating a shearing action hazardous to employees. The elements may be in any form of motion, or one may be at rest.

Ship Stair (Ships Ladder). A fixed ladder within the pitch range of 50 to 75 degrees with the horizontal, equipped with treads and stair rails.

Should. A recommendation.

Skirt Guard. In relation to vertical closing shear hazards a vertical member which prohibits entry of human body parts within the vertical plane of the shear zone.

Spiral stairway (Circular Stairway.) One with closed circular form, uniform sector-shaped treads and a supporting column.

Stair Railing. A vertical barrier constructed along the open side or sides of stairways and as intermediate stair rails where required on wide stairways.

Stairway. Two or more risers shall constitute a stairway.

Storage Access Aisle. An aisle, from which pedestrian traffic is excluded during truck operation, designed for the passage of a single industrial truck.

Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Suitable. Capable of performing with safety the particular function specified in these regulation.

Toeboard. A vertical barrier erected along the open edges of floor openings or floor holes, platforms, and runways.

Toe Plate (deflector type). In relation to vertical closing shear hazards a smooth metal plate not less than 8 inches wide and not less than 11 gauge thickness, attached flush with the vertical edge of the upper member of the shear, slanted downward and inward at an angle of approximately 30 degrees from the vertical.

Traffic Aisle. An aisle used by industrial vehicles and pedestrians during normal operations.

Tread. The horizontal member of a step.

Tread Depth. The horizontal distance from front to back of tread including nosing when used.

Tread Run. The horizontal distance from the leading edge of a tread to the leading edge of an adjacent tread.

Wall Opening. An opening in a wall or partition not provided with glazed sash, having a height of at least 30 inches and a width of at least 18 inches, through which a person might fall to a level 30 inches or more below.

Water Heater. An appliance intended to provide hot water for domestic purposes and complying with all of the following:

(A) The heater does not have more than 120-gallon capacity.

(B) The heater is used only for heating service water.

(C) The operating control on all automatically controlled heaters is installed by the manufacturer and is of a type that cannot be regulated to increase the water temperature at the top of the heater to more than 200oF.

(D) A non-adjustable control is installed on all automatically controlled heaters by the manufacturer and set to shut off the heat input when the temperature at the top of the heater is 210o F or less. This control and the necessary fuel valve, switch, etc., shall be separate from the operating mechanisms required in (C) above.

(E) The heater is protected against over-pressure with an ASME or AGA rated relief valve set to open at not more than the maximum allowable working pressure of the heater and having a relieving capacity in BTU/hr at least equal to the burner output.

Working Level or Working Area. A platform, walkway, runway, floor or similar area fixed with reference to the hazard and used by employees in the course of their employment. This does not include ladders or portable or temporary means used for access, repair or maintenance, provided such means are removed immediately upon completion of the work.

Yard. An open, unoccupied space, other than a court, unobstructed from the ground to the sky.

Yard Hole. An opening in a yard or pavement smaller than a yard opening.

Yard Opening. An opening in a yard or pavement, 12 inches or more in the least horizontal dimension.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 6-3-85; effective thirtieth day thereafter (Register 85, No. 23). For prior history, see Register 84, No. 50.

2. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

3. Amendment filed 4-25-86; effective thirtieth day thereafter (Register 86, No. 17).

4. Amendment filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

5. New definitions added in alphabetical order to subsection (a) for “Flume” and “Flume Patrol” and amendment of Note filed 6-7-96; operative 7-7-96 (Register 96, No. 23).

6. Amendment adding new definitions for ``Personal Fall Arrest System,” “Personal Fall Protection System,” ``Personal Fall Restraint System” and ``Positioning Device System” filed 10-4-99; operative 11-3-99 (Register 99, No. 41).

7. Amendment adding new definition for ``Crossover” filed 2-17-2000; operative 3-18-2000 (Register 2000, No. 7).

8. New definitions of ``Rope Access” and ``Rope Access Equipment” filed 8-4-2000; operative 9-3-2000 (Register 2000, No. 31).

9. Change without regulatory effect amending section and Note filed 3-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 11).

10. New definition of “Certified Safety Professional or CSP” filed 8-29-2011; operative 9-28-2011 (Register 2011, No. 35).

11. New definition of “Microtome” filed 8-7-2012; operative 9-6-2012 (Register 2012, No. 32).

Article 2. Standard Specifications

§3209. Standard Guardrails.

Note • History

Wherever guardrail protection is required, the following standards shall be adhered to except that other types and arrangements of guardrail construction will be acceptable where the height, surface and end projection of the top rail complies with the standard specifications and the closure of the vertical area between the top rail and floor, platform, runway, or ramp provides protection at least equivalent to that afforded by a mid-rail.

(a) A standard guardrail shall consist of top rail, midrail or equivalent protection, and posts, and shall have a vertical height within the range of 42 inches to 45 inches from the upper surface of the top rail to the floor, platform, runway, or ramp level. (Note: the permissible tolerance on height dimensions is one inch). The top rail shall be smooth-surfaced throughout the length of the railing. The midrail shall be approximately halfway between the top rail and the floor, platform, runway, or ramp. The ends of the rails shall not overhang the terminal posts, except where such overhang does not constitute a projection hazard. (Title 24, Part 2, Section 2-1716(a).)

Note: Local building regulations may require 9-inch spacing of midrails.

(b) All guardrails and other permissible types, including their connections and anchorage, shall be designed for a live load of 20 pounds per linear foot applied either horizontally or vertically downward at the top rail. Dimensional details of railing members of a few types of construction which comply with this strength requirement are given hereinafter in subsection (c).

Note: It is recognized that the minimum value of railing strength here specified is inadequate for safety under operating conditions where railings are liable to receive heavy stresses from crowds, trucking, handling materials, etc. For such conditions, additional strength shall be provided by use of heavier stock, closer spacing of posts, bracing, or otherwise.

Railing members shall be framed in such a position that they will afford the greatest support and protection, for example, top rails of structural steel angles shall have the outside face of vertical leg located on the side adjacent to the side of normal contact by the employee. (Title 24, Part 2, Section 2-1716(b).)

(c) The following are some acceptable guardrail specifications: other combinations will be accepted as long as equivalent strength and protection are maintained.

(1) In wooden construction, the posts to be of at least 2-inch by 4-inch nominal material spaced not to exceed 6 feet, the top rails to be smooth with corners rounded and not less than 2-inch by 4-inch nominal material. The posts may be spaced on 8-foot centers if the top rails consist of double 1-inch by 4-inch nominal boards, provided that 1 board is fastened in a flat position on top of the posts and the other is fastened in an edge-up position to the inside of the posts and the side of the top board. Single midrails, where permitted, shall be not less than 2-inch by 4-inch nominal material and installed on the contact side of the guardrail.

(2) If constructed of standard metal pipe, the top rails and single midrail, where permitted, to be 1 1/2-inch outside diameter or larger. The posts to be 1 1/2-inch outside diameter or larger, the spacing not to exceed 8 feet.

(3) Guardrails installed on or before May 26, 2011. If constructed of structural metal, the top rails to be angle iron of at least 2-inch by 2-inch by 1/4-inch angles or other metal shapes of equivalent bending strength; and the single midrail, where permitted, to be iron or steel of at least 2-inch by 2-inch by 1/4-inch angles or other metal shapes of equivalent strength. The posts to be angle iron of at least 2-inch by 2-inch by 1/4-inch stock, the spacing not to exceed 8 feet.

(4) Guardrails installed after May 26, 2011. If constructed of structural metal, the top rails to be angle iron of at least 2-inch by 2-inch by 3/8-inch angles or other metal shapes of equivalent bending strength; and the single midrail, where permitted, to be iron or steel of at least 2-inch by 2-inch by 3/8-inch angles or other metal shapes of equivalent strength. The posts to be angle iron of at least 2-inch by 2-inch by 3/8-inch stock, the spacing not to exceed 8 feet.

(d) Where toeboards are required, they shall be constructed of wood, concrete, metal, or other suitable material. Where constructed of metal grille, mesh shall not exceed 1-inch. The top of the toeboard shall be not less than 3 1/2 inches above the platform, walkway, or other working level and the bottom clearance shall not exceed 1/4-inch.

Note: Where materials are piled, higher toeboards, or paneling from floor to intermediate rails or top rail shall be provided where necessary for safety. (Title 24, Part 2, Section 2-1753.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsection (c)(1) filed 1-18-78; effective thirtieth day thereafter (Register 78, No. 3). For prior history, see Register 77, No. 41.

2. Repealer of NOTE in subsection (c)(4) filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

4. Amendment of subsection (c)(3) and new subsection (c)(4) filed 4-26-2011; operative 5-26-2011 (Register 2011, No. 17).

Figure SG-1

SOME ACCEPTABLE INDUSTRIAL GUARDRAILS AND TOEBOARDS

Embedded Graphic 08.0358

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbered from Figure IG-1 and amendment filed 9-3-76; effective thirtieth day thereafter (Register 76, No. 36).

2. Renumbered from Figure G-1 and amendment filed 10-5-77; effective thirtieth day thereafter (Register 77, No. 41).

3. New NOTE filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22).

4. Change without regulatory effect providing more legible illustration for Figure SG-1 filed 3-2-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 10).

§3210. Guardrails at Elevated Locations.

Note • History

(a) Buildings. Guardrails shall be provided on all open sides of unenclosed elevated work locations, such as: roof openings, open and glazed sides of landings, balconies or porches, platforms, runways, ramps, or working levels more than 30 inches above the floor, ground, or other working areas of a building as defined in Section 3207 of the General Industry Safety Orders. Where overhead clearance prohibits installation of a 42-inch guardrail, a lower rail or rails shall be installed. The railing shall be provided with a toeboard where the platform, runway, or ramp is 6 feet or more above places where employees normally work or pass and the lack of a toeboard could create a hazard from falling tools, material, or equipment.

Exceptions:

1. Runways used exclusively for oiling, adjusting or otherwise maintaining shafting or other machinery may have the guardrail on the side adjacent to the machinery omitted provided that additional guarding as required by Group 6 Power Transmission Equipment, Prime Movers, Machines and Machine Parts is complied with.

2. Stationary elevated platforms secured to buildings or structures used exclusively for the service and maintenance of overhead bridge cranes and similar mobile equipment may be equipped with removable railings in lieu of guardrails on the side adjacent to the machinery provided such railings are secured against falling when they are not serving as a protective railing. In existing installations where clearance prohibits railings on the outside of the platform, railings will be permitted on the building side to serve as handholds.

3. Portions of loading or storage platforms which are used primarily for loading or unloading railroad cars or trucks, or at waterside edges used for cargo handling.

4. Open-sided platforms or floors used for storage of lumber or other materials may be guarded with movable single rails, sliding panels, gates or other barriers provided they are of strength and design equivalent to guardrails.

5. Open sides of storage platforms less than four feet wide, or portions thereof which are loaded and unloaded exclusively by means of stackers or lift trucks handling pallet supported loads.

6. Glazed sides that are in compliance with Section 3242.

7. Open hearth and hot metal pouring platforms.

8. Platforms, runways, ramps, or other working levels less than 4 feet above floor, ground, or other working level constructed prior to January 1, 1967.

9. Theatre galleries, balconies, or other such elevated seating locations, where a 42-inch railing would obstruct the sight lines, may be protected by a guardrail or other barrier of not less than 34 inches in height provided that a horizontal concave safety ledge not less than 6 inches in depth and not less than 36 inches in effective width is installed beyond the railing at the balcony floor level. The safety ledge shall be designed to carry a live load of 100 pounds per square foot.

10. On outside plaza, patio, and garden areas, alternate means of protection are acceptable if the same degree of safety is provided.

11. Elevated locations used infrequently by employees if the employees using them are protected by a fall restraint/fall arrest system used in accordance with the requirements in Article 24 of the Construction Safety Orders.

12. On fire hose drying towers, the top rail may be omitted on the inboard or working side of the platform if the hose drying fingers or hangers are spaced not more than 6 inches apart and extend the full length of the platform along the open or working side to within 6 inches of the end rails. The ends of the fingers or hangers shall be positioned at the same height as prescribed for the top rail and within 5 inches from the vertical projection of the platform edge.

13. On the auditorium side of a stage, raised platforms and other raised floor areas such as runways, ramps and side stages used for entertainment or presentation. At vertical openings in the performance area of stages.

(b) Other Elevated Locations. The unprotected sides of elevated work locations that are not buildings or building structures where an employee is exposed to a fall of 4 feet or more shall be provided with guardrails. Where overhead clearance prohibits installation of a 42-inch guardrail, a lower rail or rails shall be installed. The railing shall be provided with a toeboard where the platform, runway, or ramp is 6 feet or more above places where employees normally work or pass and the lack of a toeboard could create a hazard from falling tools, material, or equipment.

Exceptions:

1. Runways used exclusively for oiling, adjusting or otherwise maintaining shafting or other machinery may have the guardrail on the side adjacent to the machinery omitted provided that additional guarding as required by Group 6-Power Transmission Equipment, Prime Movers, Machines and Machine Parts is complied with.

2. Portions of loading or storage platforms which are placed or located next to railroad cars or trucks and used primarily for loading or unloading railroad cars or trucks, or at waterside edges used for cargo handling.

3. Open sides of storage platforms less than four feet wide, or portions thereof which are loaded and unloaded exclusively by means of stackers or lift trucks handling pallet supported loads.

4. Portable platforms, portable or fixed workstands, where used in close quarters which would make the installation of guardrails impracticable, may be provided with removable or hinged railings which can be either removed or swung out of the way during such work. Toeboards may not be required on portable or fixed platforms where the nature of the work requires the employees to sit on the edge of the platform.

5. Elevated locations used infrequently by employees if the employees using them are protected by a fall restraint/fall arrest system used in accordance with the requirements in Article 24 of the Construction Safety Orders.

6. Flumes when they are accessed by an employee for the purpose of conducting a flume patrol (as defined in Section 3207), and provided the employer implements either written administrative procedures or provides alternative means which will control the hazard of an employee fall off the flume.

7. Belt loaders or conveyors designed and used for access/egress to aircraft shall be equipped with at least one handrail that will furnish a handhold for anyone grasping it to avoid falling.

8. Working on or in aircraft wheel wells when the wheel well design does not permit the use of guardrails or other fall protection equipment/devices.

9. On mobile vehicles/equipment, where the design or work processes make guardrails impracticable, the use of sufficient steps and attached handholds or structural members which allow the user to have a secure hand grasp shall be permitted. Work from the decks, permanent/stationary platforms, runways, or walkways of mobile vehicles/equipment shall be excluded from the requirements of subsection (b) where it can be shown that guardrails or handholds are impracticable by the design or work processes.

(c) Where the guardrail requirements of subsections (a) and (b) are impracticable due to machinery requirements or work processes, an alternate means of protecting employees from falling, such as personal fall protection systems, shall be used.

(d) Openings in guardrails for ladderway access shall be protected as required by Section 3212(a)(2) of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former Section 3210 to Section 3207 and new Section 3210 filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25). For history of former Section 3210, see Register 75, No. 10.

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. New subsection (a)(12) filed 10-5-77; effective thirtieth day thereafter (Register 77, No. 41).

4. Amendment of subsection (a)(1), (a)(11), (a)(12) and new (a)(13) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

5. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 2). Approved by State Building Standards Commission 1-24-83.

6. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

7. New subsection (a)14. and amendment of Note filed 6-7-96; operative 7-7-96 (Register 96, No. 23).

8. New subsection (a)14. and amendment of subsection (b) and Note filed 3-4-97; operative 4-3-97 (Register 97, No. 10).

9. Change without regulatory effect renumbering duplicate subsection (a)14. to new subsection (a)15. filed 3-7-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 10).

10. Amendment of section heading and section filed 5-20-99; operative 6-19-99 (Register 99, No. 21).

11. Editorial correction of subsection (b) (Register 99, No. 25).

12. Amendment of subsection (a), new subsection (d) and amendment of Note filed 12-8-2004; operative 1-7-2005 (Register 2004, No. 50).

§3211. Wall Openings.

Note • History

An opening in a wall or partition not provided with a glazed sash, having a height of at least 30 inches and a width of at least 18 inches, through which a person might fall to a level 30 inches or more below, shall be guarded by a guardrail or other barrier of such construction and mounting that the guardrail or barrier is capable of withstanding a force of at least 200 pounds applied horizontally at any point on the near side of the guardrail or barrier. Barriers may be of solid construction, grillwork with openings not more than 8 inches long, or of slatwork with openings not more than 4 inches wide with unrestricted length. (Title 24, Part 2, Section 2-1716.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3212. Floor Openings, Floor Holes, Skylights and Roofs.

Note • History

(a)(1) Every floor and roof opening shall be guarded by a cover, a guardrail, or equivalent on all open sides. While the cover is not in place, the openings shall be constantly attended by someone or shall be protected by guardrails. Toeboards shall be installed around the edges at openings where persons may pass below the opening.

Exception: Stairway entrances.

(2)(A) Every ladderway floor opening or platform with access provided by ladderway, including ship stairs (ship ladders), shall be protected by guardrails with toeboards meeting the requirements of General Industry Safety Orders, Section 3209, on all exposed sides except at entrance to the opening. The opening through the railing shall have either a swinging gate or equivalent protection, or the passageway to the opening shall be so offset that a person cannot walk directly into the opening.

Exception: Ladder openings for entrance/access at perimeter roof edges where guardrail protection is not required by subsection (d) of this section.

(B)1. The uppermost surface or railing member of the swinging gate or other equivalent protection required by subsection (a)(2)(A) shall have a vertical height from the platform or floor level of between 42 to 45 inches plus or minus one inch and;

2. The swinging gate or other equivalent protection shall be capable of withstanding a force of at least 200 pounds applied vertically downward to the uppermost surface or railing member and horizontally outward at any point on the exit side of the ladder opening.

(3) Hatchways and chute floor openings shall be guarded by guardrails or by hinged or removable covers or by removable railings provided such covers or railings will afford protection equivalent to that provided by a guardrail.

This does not apply to chute openings which are effectively covered or protected by machine or equipment during operation. However, such chute shall be covered during repair or maintenance or when otherwise exposing employees to the hazards of unguarded floor openings.

(4) Foundry pits and similar sunken locations in which employees are required to work may be left unprotected during such times as the necessary handling of materials or other work prohibits the use of guardrails or equivalent; but when such pits are not in use they shall be either covered, filled in, or protected with guardrails or equivalent.

(5) Floor holes through which materials or tools may fall and create a hazard or through which parts of a person's body may contact dangerous moving parts, shall be completely covered except when in use unless these floor holes are used to feed machines or receptacles containing hot, toxic or corrosive materials, then these openings shall be guarded by hoppers, guardrails, or grates having openings not exceeding 1-inch by 5 inches. Floor holes through which transmission equipment passes may be guarded by toeboards.

(b) Floor and roof opening covers shall be designed by a qualified person and be capable of safely supporting the greater of 400 pounds or twice the weight of the employees, equipment and materials that may be imposed on any one square foot area of the cover at any time. Covers shall be secured in place to prevent accidental removal or displacement, and shall bear a pressure sensitized, painted, or stenciled sign with legible letters not less than one inch high, stating: “Opening--Do Not Remove.” Markings of chalk or keel shall not be used.

(c) Covers shall not project more than one inch above the floor level and all edges shall be chamfered to an angle with the horizontal of not over 30 degrees. All hinges, handles, bolts, or other parts shall set flush with the floor or cover surface. (Title 24, part 2, section 2-1721(c).)

(d)(1) Guardrails as specified in section 3209 shall be required at locations where there is a routine need for any employee to approach within 6 feet of the edge of the roof. When intermittent work is being done safety belts and lanyards, or an approved fall protection system may be provided in lieu of guardrails.

For the purpose of this requirement, routine need means more than four times a year and intermittent work means work not exceeding four times a year.

(2) Guardrails required by subsection (d)(1) shall be provided along the roof edge extending at least 6 feet beyond the areas occupied by persons accessing, servicing or repairing permanently-mounted machinery and/or equipment.

(3) Where fall protection systems are used, safety lines and/or lanyards shall be attached to roof tie-backs meeting the requirements of section 3291(f) or equivalent anchorage. A safe and unobstructed access shall be provided to all roof tie-back locations. (Title 24, part 2, section 1711(h).)

(e) Any employee approaching within 6 feet of any skylight shall be protected from falling through the skylight or skylight opening by any one of the following methods:

(1) Skylight screens. The design, construction, and installation of skylight screens shall meet the strength requirements equivalent to that of covers specified in subsection (b) above. They shall also be of such design, construction and mounting that under design loads or impacts, they will not deflect downward sufficiently to break the glass below them. The construction shall be of grillwork, with openings not more than 4 inches by 4 inches or of slatwork with openings not more than 2 inches wide with length unrestricted, or of other material of equal strength and similar configuration, or

(2) Guardrails meeting the requirements of Section 3209, or

(3) The use of a personal fall protection system meeting the requirements of Section 1670 of the Construction Safety Orders, or

(4) Covers meeting the requirements of subsection (b) installed over the skylights, or

(5) A fall protection plan as prescribed in Section 1671.1 of the Construction Safety Orders when it can be demonstrated that the use of fall protection methods as contained in subsections (e)(1-4) of this Section is impractical or creates a greater hazard.

Exception: When the work is of short duration and limited exposure such as measuring, roof inspection, electrical/mechanical equipment inspection, etc., and the time involved in rigging and installing the safety devices required in subsections (e)(1) through (e)(4) equal or exceed the performance of the designated tasks of measuring, roof inspection, electrical/mechanical equipment inspection, etc.; these provisions may be temporarily suspended provided that adequate risk control is recognized and maintained.

(f) Access shall not be permitted on glazed surfaces such as roofs, vaults, canopies, or skylights glazed with transparent or translucent materials unless an engineer currently registered in the State of California and experienced in the design of such glazed structures has certified that the surface will support all anticipated loads. Employees working on such surfaces shall be protected by a fall protection system meeting the requirements of Section 1670 of the Construction Safety Orders.

(g) When glazed surfaces cannot be safely accessed for maintenance in accordance with subsection (f), scaffolds, catwalks, rolling ladders, platforms or other methods of safe access shall be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

4. Amendment filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

5. Amendment of subsection (d) filed 7-1-91; operative 7-31-91 (Register 91, No. 40).

6. Change without regulatory effect amending subsection (d)(3) filed 4-19-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 16).

7. Designation and amendment of subsection (e)(1) and new subsections (e)(2)-(2)(C) Exception filed 10-7-93; operative 11-8-93 (Register 93, No. 41).

8. Amendment of section heading and section filed 7-7-2004; operative 8-6-2004 (Register 2004, No. 28).

9. Amendment of subsection (a)(1), new subsections (a)(2)(A)-(a)(2)(B)2., subsection renumbering and amendment of newly designated subsections (a)(4)-(5) filed 12-8-2004; operative 1-7-2005 (Register 2004, No. 50).

§3213. Service Pits and Yard Surface Openings.

Note • History

(a) Unused portions of service pits and pits not in actual use shall be either covered or protected by guardrails, this may be accomplished by moveable posts or stanchions and chain rails or other guardrails which will provide equivalent protection.

Exception: Inspection, transfer and service pits used exclusively for maintenance of rolling railroad stock where impracticable to install guardrails or equivalent. (Title 24, Part 2, Section 2-1716(f).)

(b) Permanent yard surface openings such as pits or sumps shall be guarded as required by 3212, Floor Openings, Floor Holes and Roofs. (Title 24, Part 2, Section 2-1716(f).)

(c) Trench or conduit covers and their supports, when located in plant roadways, shall be designed to carry a truck rear-axle load of at least 20,000 pounds.

(d) Manhole covers and their supports, when located in plant roadways, shall comply with local standard highway requirements if any; otherwise, they shall be designed to carry a truck rear-axle load of at least 20,000 pounds.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

4. New subsections (c) and (d) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

§3214. Stair Railings and Handrails.

Note • History

(a) Stairways shall have handrails or stair railings on each side, and every stairway required to be more than 88 inches in width shall be provided with not less than one intermediate stair railing for each 88 inches of required width. Intermediate stair railings shall be spaced approximately equally within the entire width of the stairway.

Note: Intermediate stair railings may be of single rail construction.

Exceptions:

(1) Stairways less than 44 inches in width may have one handrail or stair railing except that such stairways open on one or both sides shall have stair railings provided on the open side or sides.

(2) Stairways having less than four risers need not have handrails or stair railings.

(3) Stairways giving access to portable work stands less than 30 inches high.

(4) Stairs that follow the contour of tanks or other cylindrical or spherical structures where the construction requires the inside clearance between the inside stair stringer and wall or tank side to be 8 inches or less, shall not be considered an “open side.”

(5) Guardrails may be erected provided a handrail is attached.

(b) A stair railing shall be of construction similar to a guardrail (see Section 3209) but the vertical height shall be in compliance with Section 3214(c). Stair railings on open sides that are 30 inches or more above the surface below shall be equipped with midrails approximately one half way between the steps and the top rail.

Note: Local building standards may require 4-inch spacing of intermediate vertical members.

(c) The top of stair railings, handrails and handrail extensions installed on or after April 3, 1997, shall be at a vertical height between 34 and 38 inches above the nosing of treads and landings. For stairs installed before April 3, 1997, this height shall be between 30 and 38 inches. Stair railings and handrails shall be continuous the full length of the stairs and, except for private stairways, at least one handrail or stair railing shall extend in the direction of the stair run not less than 12 inches beyond the top riser nor less than 12 inches beyond the bottom riser. Ends shall be returned or shall terminate in newel posts or safety terminals, or otherwise arranged so as not to constitute a projection hazard.

Exception: Handrails and stair railings on flights of stairs serving basements or cellars that are covered by a trap door, removable floor or grating when not in use, shall stop at the floor level or entrance level so as not to interfere with the cover in the closed position.

(d) A handrail shall consist of a lengthwise member mounted directly on a wall or partition by means of brackets attached to the lower side of the handrail so as to offer no obstruction to a smooth surface along the top and both sides of the handrail. The handrail shall be designed to provide a grasping surface to avoid the person using it from falling. The spacing of brackets shall not exceed 8 feet.

(e) Handrails projecting from a wall shall have a space of not less than 1 1/2 inches between the wall and the handrail.

(f) The mounting of handrails shall be such that the completed structure is capable of withstanding a load of at least 200 pounds applied in any direction at any point on the rail.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. Repealer and new section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25). For history of former section, see Register 72, No. 34.

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsections (b) and (d) filed 5-10-77; effective thirtieth day thereafter (Register 77, No. 20).

4. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

5. Amendment of section and Note filed 3-4-97; operative 4-3-97 (Register 97, No. 10).

6. Amendment filed 12-4-2007; operative 1-3-2008 (Register 2007, No. 49).

§3215. Means of Egress.

Note • History

(a) These regulations contain general fundamental requirements essential to providing a safe means of egress from buildings in the event of fire and other emergencies. Nothing in these regulations shall be construed to prohibit a better type of building construction, more exits, or otherwise safer conditions than the minimum requirements specified in these regulations.

(b) Exits from vehicles, vessels, or other mobile structures are not covered under these regulations except when in fixed locations and occupied as buildings.

(c) In every building or structure of such size, arrangement, or occupancy that a fire may not itself provide adequate warning to occupants, fire alarm facilities or procedures, including an evacuation plan, shall be provided where necessary to warn occupants of the existence of fire so that they may escape or to facilitate the orderly conduct of fire exit drills.

(d) Any device or alarm installed to restrict the use of an exit shall be so designed and installed that it cannot, even in cases of failure, impede or prevent emergency use of such exit.

(Title 24, Part 2, Section 2-3301.)

(e) Whenever the building is occupied, exit paths shall be lighted so that they may be easily recognized and all exit and directional signs shall be clearly visible.

Artificial lighting sufficient to enable objects to be seen and egress made under emergency conditions shall be provided when natural lighting is inadequate.

(Title 24, Part 2, Section 2-3312(a).)

(f) No building or structure under construction shall be occupied in whole or in part until all exit facilities required for the part occupied are completed and ready for use.

(g) No existing building shall be occupied during repairs or alterations unless all existing exits and any existing fire protection, or equivalent exits and fire protection is provided and maintained.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and new section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3216. Exit Signs.

Note • History

(a) Luminance. Exit and directional signs shall have a luminance on the face of such signs of not less than 50 lux. The words used on such signs shall be in block letters at least 6 inches in height with a stroke of not less than 3/4 inch. Exception: Existing signs may have the word “EXIT” in lettering not less than 5 inches high with principal strokes of letters of not less than 1/2 inch. Letters shall be of such color or design as to be in strong contrast to the background of the sign. Arrows or other directional symbols shall be of equal visibility to that stipulated herein for letters.

(b) Location. Exit or directional signs, or both, shall be provided at every exit door, at the intersection of corridors, at exit stairways or ramps and at such other locations and intervals as are necessary to provide the occupants with knowledge of the various means of egress available. Exit or directional signs need not be provided for the following:

(1) Any room or building having an occupant load of 50 or less;

(2) Dwellings units in Group R, Division 1 Occupancies;

(3) When approved, the main exterior exit doors obviously and clearly identifiable as exits. (Title 24, Part 2, Section 2-3312(c)(3).)

(c) Electrically Illuminated Signs. Exit and exit directional signs which are required to be electrically illuminated shall be lighted with two electric lamps, either one of which shall be sufficient to provide the required luminance on the face of the sign. NOTE: Radioactive isotope self powered signs with a luminance of not less than 0.02 lamberts during its useful life will be acceptable.

(Title 24, Part 2, Section 2-3312(c)(2).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and new section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3217. Decorative Materials.

Note • History

(a) All drapes, hangings, curtains, drops, and all other similar material, including Christmas trees, located in corridors, stairways, lobbies, ramps, passageways and balconies used as required exits that would tend to increase the fire and panic hazard shall be made from a non-flammable material, or shall be treated and maintained in a flame-retardant condition by means of a flame-retardant solution or process approved by the State Fire Marshal, as set forth in Subchapter 8, Chapter 1, Title 19, CAC.

(b) Exit lights, fire alarm sending stations, wet standpipe hose cabinets, and fire extinguisher locations shall not be concealed by any decorative material. (Title 24, Part 2, Section 2-3301(o).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and new section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3218. Exits: Group E Occupancies.

History

HISTORY

1. Repealer filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

§3219. Maintenance of Fire Protection Equipment, Materials and Assemblies.

Note • History

All fire protection equipment, materials and assemblies, where required, shall be maintained in proper operating condition, and such periodic inspections and tests shall be made as are necessary to assure this.

Note: For further guidance see Title 19, Article 6, Section 574.1 et seq., California Code of Regulations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and new section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 9-7-78; effective thirtieth day thereafter (Register 78, No. 36).

3. Amendment of section heading and section and new Note filed 8-17-98; operative 9-16-98 (Register 98, No. 34).

§3220. Emergency Action Plan.

Note • History

(a) Scope and Application. This section applies to all emergency action plans. The emergency action plan shall be in writing, except as provided in the last sentence of subsection (e)(3) of this section, and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies.

(b) Elements. The following elements, at a minimum, shall be included in the plan:

(1) Emergency escape procedures and emergency escape route assignments;

(2) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;

(3) Procedures to account for all employees after emergency evacuation has been completed;

(4) Rescue and medical duties for those employees who are to perform them;

(5) The preferred means of reporting fires and other emergencies; and

(6) Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan.

(1) The employer shall establish an employee alarm system which complies with Article 165.

(2) If the employee alarm system is used for alerting fire brigade members, or for other purposes, a distinctive signal for each purpose shall be used.

(d) Evacuation. The employer shall establish in the emergency action plan the types of evacuation to be used in emergency circumstances.

(e) Training.

(1) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.

(2) The employer shall advise each employee of his/her responsibility under the plan at the following times:

(A) Initially when the plan is developed,

(B) Whenever the employee's responsibilities or designated actions under the plan change, and

(3) The employer shall review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. For those employers with 10 or fewer employees the plan may be communicated orally to employees and the employer need not maintain a written plan.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 9-8-81; effective thirtieth day thereafter (Register 81, No. 37).

§3221. Fire Prevention Plan.

Note • History

(a) Scope and Application. This section applies to all fire prevention plans. The fire prevention plan shall be in writing, except as provided in the last sentence of subsection (d)(2) of this section.

(b) Elements. The following elements, at a minimum, shall be included in the fire prevention plan:

(1) Potential fire hazards and their proper handling and storage procedures, potential ignition sources (such as welding, smoking and others) and their control procedures, and the type of fire protection equipment or systems which can control a fire involving them;

(2) Names or regular job titles of those responsible for maintenance of equipment and systems installed to prevent or control ignitions or fires; and

(3) Names or regular job titles of those responsible for the control of accumulation of flammable or combustible waste materials.

(c) Housekeeping. The employer shall control accumulations of flammable and combustible waste materials and residues so that they do not contribute to a fire emergency. The housekeeping procedures shall be included in the written fire prevention plan.

(d) Training.

(1) The employer shall apprise employees of the fire hazards of the materials and processes to which they are exposed.

(2) The employer shall review with each employee upon initial assignment those parts of the fire prevention plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept in the workplace and made available for employee review. For those employers with 10 or fewer employees, the plan may be communicated orally to employees and the employer need not maintain a written plan.

(e) Maintenance. The employer shall regularly and properly maintain, according to established procedures, equipment and systems installed in the workplace to prevent accidental ignition of combustible materials.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 9-8-81; effective thirtieth day thereafter (Register 81, No. 37). For prior history, see Registers 77, No. 20; 76, No. 29; and 75, No. 25.

§3222. Arrangement and Distance to Exits.

Note • History

(a) Arrangement of Exits. If only two exits are required, they shall be placed a distance apart equal to not less than one-half the length of the maximum overall diagonal dimension of the building or area to be served measured in a straight line between exits.

Exception: Where exit enclosures are provided as the required means of egress and are interconnected by a corridor conforming to the requirements of Section 3326, exit separations may be measured in a direct line of travel within the exit corridor. Enclosure walls shall be not less than 30 feet apart at any point in a direct line of measurement. Where three or more exits are required, they shall be arranged a reasonable distance apart so that if one becomes blocked the others will be available. (Title 24, Part 2, Section 3302(c).)

(b) Distance to Exits. The maximum distance of travel from any point to an exterior exit door, horizontal exit, exit passageway or an enclosed stairway in a building not equipped with an automatic sprinkler system throughout shall not exceed 150 feet or 200 feet in a building equipped with an automatic sprinkler system throughout. These distances may be increased 100 feet when the last 150 feet is within a corridor complying with Section 3226.

Exception: Every area used mainly for the storage of materials liable to burn, with extreme rapidity or from which poisonous fumes or explosions will result upon exposure to fire, shall have an exit within 75 feet of any point in the area where employees may be present. Where automatic sprinkler protection is provided, distances may be increased to 100 feet. (Title 24, Part 2, Section 2-3302(d) Exception 1.)

In a one-story Group B, Division 4 Occupancy classified as a factory or warehouse and in one-story airplane hangers, the exit travel distances may be increased to 400 feet if the building is equipped with an automatic sprinkler system throughout and provided with smoke and heat ventilation as specified in Section 3206 of the 1979 Uniform Building Code.

In an open parking garage, the exit travel distance may be increased to 250 feet.

(Title 24, Part 2, Section 3302(d).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

4. Change without regulatory effect amending subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).

§3223. Changes in Elevation.

Note • History

Within a building, changes in elevation of less than 12 inches along any exit serving a tributary occupant load of 10 or more shall be by ramps. (Title 24, Part 2, Section 3301(k).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

4. Amendment filed 5-26-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3224. Headroom.

Note • History

Exits shall be so designed and maintained as to provide adequate headroom, but in no case shall the ceiling height nor any projection from the ceiling be less than 7 feet from the floor, except doorways (See Section 3235) and stairways (See Section 3231). (Title 24, Part 2, Section 3304(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-26-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3225. Maintenance and Access to Exits.

Note • History

(a) Exits shall be so located and arranged that they are readily accessible at all times.

(1) Every required exit shall be maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.

(2) Where exits are not immediately accessible from an open floor area, safe and continuous passageways, aisles, or corridors leading directly to every exit and so arranged as to provide convenient access for each occupant to at least two exits by separate ways of travel shall be maintained, except as a single exit or limited dead ends are permitted by other provisions of these regulations.

(b) Exits from a room may open into an adjoining or intervening room or area, providing such adjoining room is accessory to the area served and provides a direct means of egress to an exit corridor, exit passageway, exit stairway, exterior exit, horizontal exit, or exterior exit balcony.

Exception: Exits are not to pass through kitchens, storerooms, restrooms, closets or spaces used for similar purposes. Foyers, lobbies, and reception rooms constructed as required for corridors shall not be construed as intervening rooms.

(Title 24, Part 2, Section 3302(e).).

Exits will not pass through any room subject to locking. (Title 24, Part 2, Section 2-3302(e).)

(c) No hangings or draperies shall be placed over exit doors or otherwise so located as to conceal or obscure any exit. No mirrors shall be placed on exit doors. No mirrors shall be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. (Title 24, Part 2, Section 2-3302(i).)

(d) Exits shall be so arranged that it will not be necessary to travel toward any area of high hazard occupancy in order to reach the nearest exit, unless the path of travel is effectively shielded from the high hazard location by suitable partitions or other physical barriers. (Title 24, Part 2, Section 2-3302(d).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

4. Amendment of section heading and section filed 8-17-98; operative 9-16-98 (Register 98, No. 34).

§3226. Corridors and Exterior Exit Balconies.

Note • History

(a) General. This section shall apply to every corridor serving as a required exit for an occupant load of 10 or more. For the purposes of the section, the term “corridor” shall include “exterior exit balconies” and any covered or enclosed exit passageway, including walkways, tunnels and malls. Partitions, rails, counters and similar space dividers not over 5 feet, 9 inches in height above the floor shall not be construed to form corridors. (Title 24, Part 2, Section 3304(a).)

(b) Exit corridors shall be continuous until egress is provided from the building and shall not be interrupted by intervening rooms.

Exception: Foyers, lobbies or reception rooms constructed as required for corridors shall not be construed as intervening rooms.

(Title 24, Part 2, Section 3304(a).)

(c) Height. Corridors and exterior exit balconies shall have a clear height of not less than 7 feet measured to the lowest projection from the ceiling. (Title 24, Part 2, Section 3304(c).)

(d) Projections. The required width of corridors shall be unobstructed.

Exception: Handrails and doors, when fully opened, shall not reduce the required width by more than 7 inches. Doors in any position shall not reduce the required width by more than one-half. Other nonstructural projections such as trim and similar decorative features may project into required width 1 1/2 inches on each side.

(Title 24, Part 2, Section 3304(d).)

(e) Access to Exits. Exits shall be so arranged that it is possible to go in either direction from any point in a corridor to a separate exit, except for dead ends not exceeding 20 feet in length. This subsection shall apply to all occupancies regardless of occupant load.

(Title 24, Part 2, Section 2-3304(e).)

(f) Changes in Elevation. When a corridor or exterior exit balcony is accessible to an elevator, changes in elevation of the floor shall be made by means of a ramp.

(Title 24, Part 2, Section 2-3304(f).)

(g) Where accumulation of snow or ice is likely because of the climate, the exterior way of exit shall be protected by a roof, unless it serves as the sole normal means of access to the rooms or spaces served, in which case it may be assumed that snow and ice will be regularly removed in the course of normal occupancy. (Title 24, Part 2, Section 2-3304(i).)

(h) Exterior ways of exit shall have smooth, solid floors, substantially level, and shall have guardrails on the unenclosed sides.

(i) A permanent, reasonably straight path of travel shall be maintained over the required exterior way of exit. There shall be no obstruction by railings, barriers, or gates that divide the open space into sections appurtenant to individual rooms, or other uses. Where the Division finds the required path of travel to be obstructed by furniture or other movable objects, the division may require that they be fastened out of the way or the division may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3227. Discharge from Exits.

Note • History

(a) All exits shall discharge directly to the street, or to a yard, court, or other open space that gives safe access to a public way. The streets to which the exits discharge shall be of width adequate to accommodate all persons leaving the building. Yards, courts, or other open spaces to which exits discharge shall also be of adequate width and size to provide all persons leaving the building with ready access to the street. (Title 24, Part 2, Section 2-3302(k).)

(1) Where any doorway, ramp, walkway, stairway or ladder landing exits directly into the path of vehicular traffic, an adequate barrier and warning shall be installed to prevent workmen stepping directly into such dangerous traffic. (Title 24, Part 2, Section 2-3302(k).)

(b) Exit stairs that continue beyond the floor of discharge shall be interrupted at the floor of discharge by partitions, doors, or other physical barriers. (Title 24, Part 2, Section 2-3302(k)(2).)

(c) Exit Obstruction. No obstructions shall be placed in the required width of an exit except projections permitted by these regulations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3228. Number of Exits.

Note • History

(a) Every building or usable portion thereof shall have at least two exits to permit prompt evacuation of employees and other building occupants during an emergency. The exits shall be located as far away as practicable from each other so that if one exit is inaccessible because of fire or smoke, employees can evacuate using the second exit.

Exception: In accordance with Title 24, Part 2, California Code of Regulations, a single exit shall be permitted where the number of employees, the size of the building, its occupancy or the arrangement of the workplace is such that all employees would be able to evacuate safely during an emergency.

(b) More than two exits must be provided in a workplace if the number of employees, the size of the building, its occupancy, or the arrangement of the workplace is such that all employees would not be able to evacuate safely during an emergency if only two exits were provided.

Note to subsections (a) and (b): For assistance in determining the number of workplace exits, and the necessary distance between exits, consult Title 24, Part 2, California Code of Regulations, and your local jurisdiction fire department.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (k) filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

4. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

5. Amendment filed 5-26-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

6. Repealer and new section and repealer of Table E-1 filed 3-5-2008; operative 4-4-2008 (Register 2008, No. 10). For prior history of Table E-1, see Register 83, No. 22.

Embedded Graphic 08.0359

(Title 24, Part 2, Table 33A without Accessibility Column.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer of Table 33-A and new Table E-1 filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3229. Exit Width.

Note • History

(a) The total width of exits in feet shall be not less than the total occupant load served divided by 50. Such width of exits shall be divided approximately equally among the separate exits. The total exit width required from any story of a building shall be determined by using the occupant load of that story, plus the percentages of the occupant loads of floors which exit through the level under consideration as follows:

(1) Fifty percent of the occupant load in the first adjacent story above and the first adjacent story below, when a story below exits through the level under consideration.

(2) Twenty-five percent of the occupant load in the story immediately beyond the first adjacent story.

The maximum exit width required from any story of a building shall be maintained.

(Title 24, Part 2, Section 3302(b).)

(b) The minimum width of any way of exit shall in no case be less than 28 inches. Where a single way of exit leads to an exit, its capacity in terms of width shall be at least equal to the required capacity of the exit to which it leads. Where more than one way of exit leads to an exit, each shall have a width adequate for the number of persons it must accommodate. (Title 24, Part 2, Section 3302(h).)

(c) Every portion of every building in which are installed seats, tables, merchandise, equipment or similar materials shall be provided with aisles leading to an exit. (Title 24, Part 2, Section 3313(a).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c).

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (c) filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

4. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3231. Stairways.

Note • History

(a) General. Every stairway serving any building or portion thereof shall conform to the requirements of this Section. (See Section 3214 for stair rail and handrail specifications and Section 3234 for industrial stairways). (Title 24, Part 2, Section 3305(a).)

(b) Width.

(1) Stairways serving an occupant load of more than 50 shall be not less in width than 44 inches.

Stairways serving an occupant load of 50 or less may be 36 inches wide. Private stairways serving an occupant load of less than 10 may be 30 inches wide.

(2) Trim shall not reduce the required width by more than 3 1/2 inches. Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width. Stringers may project 1 1/2 inches. (Title 24, Part 2, Section 3305(b).)

(1) The rise of every step in a stairway shall be not less than 4 inches nor greater than 7 1/2 inches.

(2) The run shall not be less than 10 inches as measured horizontally between the vertical planes of the furthermost projection of adjacent treads. The largest tread run within any flight of stairs shall not exceed the smallest by more than 3/8 inch. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch.

Exception: Private stairways serving an occupant load of less than 10 and stairways to unoccupied roofs may be constructed with an 8 inch maximum rise and a 9 inch minimum run.

(Title 24, Part 2, Section 3305(c).)

(d) Surface. All treads shall be slip-resistant. Stairways shall be maintained clear and in good repair.

(Title 24, Part 2, Section 2-3305(s).)

(e) Circular Stairways. Circular stairs may be used as an exit providing the minimum width of run is not less than 10 inches and the smaller radius is not less than twice the width of the stairway. All treads in any one flight between landings shall have identical dimensions within a three-eighths inch tolerance.

(Title 24, Part 2, Section 3305(e).)

(f) Landings. Every landing shall have a dimension measured in the direction of travel equal to the width of the stairway. Such dimension need not exceed 4 feet when the stair has a straight run. Landings, when provided, shall not reduce the width to less than one-half the required width at any position in the swing or by more than 7 inches by a door when fully open. There shall be not more than 12 feet vertically between landings.

(Title 24, Part 2, Section 3305(g) and (i).)

(g) Stairway to Roof. In every building four or more stories in height, one stairway shall extend to the roof surface, unless the roof has a slope greater than 4 in 12. (Title 24, Part 2, Section 3305(o).)

(h) Headroom. Every required stairway shall have a headroom clearance of not less than 6 feet 6 inches. Such clearances shall be established by measuring vertically from a plane parallel and tangent to the stairway tread nosing to the soffit above at all points. (Title 24, Part 2, Section 3305(p).)

In existing installations where overhead clearance is less than 6 feet 6 inches above stairways, the stairway shall be relocated, the obstruction shall be removed, or if both of these are impracticable a suitable warning shall be placed near the obstruction so as to notify employees of its presence. Where the nature of the hazard is such that padding it will increase safety, this also shall be done. (Title 24, Part 2, Section 2-3305(p), Exception.)

(i) Enclosure Construction of Exit Stairways. When an exit stairway is required to be protected by separation from other parts of the building the separating construction shall be of not less than two-hour fire-resistive construction in buildings more than four stories in height and shall be of not less than one-hour fire-resistive construction elsewhere.

(1) Openings into Enclosures. There shall be no openings into exit enclosures except exit doorways and openings in exterior walls. All exit doors in an exit enclosure shall be protected by a fire assembly having a fire-protection rating of not less than one hour where one-hour shaft construction is permitted and one and one-half hours where two-hour shaft construction is required. Doors shall be maintained self-closing or shall be automatic closing by actuation of a smoke detector as provided for in Section 4306(b). The maximum transmitted temperature end point shall not exceed 450o F above ambient at the end of 30 minutes of the fire exposure specified in U.B.C. Standard No. 43-2.

(Title 24, Part 2, Section 3308(c).)

Embedded Graphic 08.0360

Figure E-1 (for stairs installed on or after April 3, 1997)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsection (h) and new subsection (i) and new Figure E-1 filed 5-10-77; effective thirtieth day thereafter (Register 77, No. 20). For prior history, see Register 76, No. 29.

2. Amendment of subsection (i)(1)(B) filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22.) Approved by State Building Standards Commission 1-24-83.

4. Amendment filed 5-26-83; effective thirtieth day thereafter (Register 83, No. 22.) Approved by State Building Standards Commission 1-24-83.

5. Amendment of Figure E-1 filed 12-4-2007; operative 1-3-2008 (Register 2007, No. 49).

6. Change without regulatory effect providing more legible figure E-1 filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

§3232. Ramps.

Note • History

(a) General. Any path of travel shall be considered a ramp if its slope is greater than 1 foot rise in 20 feet of horizontal run. (Title 24, Part 2, Section 2-3306(a) without “Note.”)

(b) Width. The width of ramps shall be as required for exits.

Exception: Existing ramps may have width as required for stairways.

(Title 24, Part 2, Section 2-3306(b)(1).)

(c) Slope. The maximum slope of a ramp that serves any exitway, provides handicap access or is in the path of travel shall be 1 foot rise in 12 feet of horizontal run.

Exception: The slope of an existing ramp shall not exceed 1 foot rise to 8 feet horizontal run.

(d) Landings. Ramps having slopes greater than one vertical to 15 horizontal shall have landings at the top and bottom and at least one intermediate landing shall be provided for each 5 feet of rise. Top landings and intermediate landings shall have a dimension measured in the direction of ramp run of not less than 5 feet. Landings at the bottom of ramps shall have a dimension in the direction of ramp run of not less than 6 feet.

(Title 24, Part 2, Section 2-3306(c).)

(e) Doors. Doors in any position shall not reduce the minimum dimension of the landing to less than 42 inches and shall not reduce the required width by more than 3 1/2 inches when fully open.

(Title 24, Part 2, Section 2-3306(d)(1)(C)(1).)

(f) Handrails. Ramps having slopes exceeding one vertical to 15 horizontal shall have handrails or stair rails as required for stairways, except that intermediate stair rails shall not be required. (Title 24, Part 2, Section 2-3306(e).)

(g) Guardrails. Ramps more than 30 inches above the adjacent ground or floor shall be provided with guardrails as required in Section 3210 and handrails as required in (f) above. Such guardrails shall be continuous from top of the ramp to the bottom of the ramp. (Title 24, Part 2, Section 2-3306(i).)

(h) Surface. The surface of ramps shall be roughened or shall be of nonslip materials. (Title 24, Part 2, Section 2-3306(g).)

(i) Maintenance. Ramps shall be maintained reasonably clear and in good repair.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (g) filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

4. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3233. Industrial Ramps.

Note • History

(a) Ramps used for industrial purposes only shall conform to the provisions of this section. (Title 24, Part 2, Section 2-3306(j)(1).)

(b) Ramps shall be not less than two feet wider than the widest vehicle using the ramp. (Title 24, Part 2, Section 2-3306(j)(2).)

Exception: The slope of ramps used by powered industrial trucks only shall not exceed 1 vertical to 3 horizontal. (Title 24, Part 2, Section 2-3306(j)(3).)

(d) Ramps having slopes exceeding 1 vertical to 15 horizontal shall have handrails or stair rails as required for stairways, except that intermediate stair rails shall not be required. (Title 24, Part 2, Section 2-3306(j)(4).)

(e) Ramps more than 30 inches above the adjacent ground or floor shall be provided with guardrails as required in Section 3210 and handrails as required in (d) above. Such guardrails shall be continuous from the top of the ramp to the bottom of the ramp.

Exception: Guardrails or stair rails will not be required on ramps used only by powered industrial trucks. (Title 24, Part 2, Section 2-3306(j)(5).)

(f) Industrial ramps shall have a curb or equivalent installed along the open side or sides, the curb shall not be less than 8 inches in height and shall be so designed as to prevent the truck wheel from running off of the ramp. (Title 24, Part 2, Section 2-3306(j)(6).)

(g) The surface of ramps shall be roughened or shall be of nonslip materials. (Title 24, Part 2, Section 2-3306(j)(7).)

(h) Ramps shall be maintained reasonably clear and in good repair.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

§3234. Fixed Industrial Stairs.

Note • History

(a) Scope. This Section contains specifications for the safe design and construction of fixed general industrial stairs. This classification includes interior and exterior stairs around machinery, tanks, and other equipment, and stairs leading to or from floors, platforms, or pits. This Section does not apply to stairs used for required exit purposes, to construction operations, to private residences, or to articulated stairs, such as may be installed on floating roof tanks or on dock facilities, the angle of which changes with the rise and fall of the base support. (Title 24, Part 2, Section 2-3326(a).)

(b) Where Fixed Stairs Are Required.

(1) Fixed stairs shall be provided for access from one structure level to another where operations necessitate regular travel between levels, and for access to operating platforms at any equipment which requires attention routinely during operations. Fixed stairs shall also be provided where access to elevations is daily or at each shift for such purposes as gauging, inspection, regular maintenance, etc., where such work may expose employees to acids, caustic, gases, or other harmful substances, or for which purposes the carrying of tools or equipment by hand is normally required. (It is not the intent of this Section to preclude the use of fixed ladders for access to elevated tanks, towers and similar structures, overhead traveling cranes, etc., where the use of fixed ladders is common practice.)

(2) Spiral stairways shall not be permitted except for special limited usage and secondary access situations where it is not practical to provide a conventional stairway.

(3) Winding stairways may be installed on tanks and similar round structures where the diameter of the structure is not less than 5 feet.

(Title 24, Part 2, Section 2-3326(b).)

(4) Alternating tread stairs, meeting the requirements of 3234(i) shall be permitted for:

(A) Limited usage.

(B) Secondary access.

(c) Stair Strength. Fixed stairways shall be designed and constructed to carry a load of 5 times the normal live load anticipated but never of less strength than to carry safely a moving concentrated load of 1,000 pounds. (Title 24, Part 2, Section 2-3326().)

(d) Stair Width. Fixed stairways shall have a minimum usable width of 22 inches. No chute or open conveyor shall be parallel to and adjoin a stairway unless the usable width of the stairway is at least 22 inches and the stairway is equipped with a stair railing separating the chutes and open conveyors from the stairway.

Chutes shall not be hinged or otherwise constructed or used so as to cover stairways. (Title 24, Part 2, Section 2-3326(d).)

(e) Angle of Stairway Rise.

(1) Fixed stairs shall be installed at angles to the horizontal of between 30 and 50 degrees.

(2) Any uniform combination of rise-tread dimensions may be used that will result in a stairway at an angle to the horizontal within the permissible range.

(3) The following is a table of rise/tread dimensions which will produce a stairway within the permissible range, stating the angle to the horizontal produced by each combination. However the rise/tread combinations are not limited to those given below.

(4) Each tread and the top landing of a stairway, where risers are used, shall have a nose which extends one-half-inch to one-inch beyond the face of the lower riser. Noses shall have an even leading edge.

(5) All treads shall be slip-resistant.

Table IS-1.

Angle to Rise Tread Run

Horizontal (in inches) (in inches)

30° 35' 6 1/2 11

32° 08' 6 3/4 10 3/4

33° 41' 7 10 1/2

35° 16' 7 1/4 10 1/4

36° 52' 7 1/2 10

38° 29' 7 3/4 9 3/4

40° 08' 8 9 1/2

41° 44' 8 1/4 9 1/4

43° 22' 8 1/2 9

45° 00' 8 3/4 8 3/4

46° 38' 9 8 1/2

48° 16' 9 1/4 8 1/4

49° 54' 9 1/2 8

Welded bar grating treads without nosings are acceptable providing the leading edge can be readily identified by personnel descending the stairway and provided the tread is serrated or is of definite non-slip design.

(6) Rise height and tread width shall be uniform throughout any flight of stairs including any foundation structure used as one or more treads of the stairs.

The maximum variations in the height of risers or the width of treads in any one flight shall be one-fourth-inch.

(7) Where the rise would exceed 9 1/2 inches and the run would be less than 8 inches, portable, fixed, or ships ladders shall be used.

(Title 24, Part 2, Section 2-3326(e).)

(f) Stairway platforms shall be no less than the width of a stairway and minimum of 30 inches in length measured in the direction of travel. (Title 24, Part 2, Section 2-3326(f).)

(g) Stair Railings and Handrails.

(1) Stair railings shall be provided on the open sides of all exposed stairways.

(2) Handrails shall be provided on at least one side of closed stairways, preferably on the right side descending.

(3) Stair railings and handrails shall be installed in accordance with the provisions of Section 3214.

(4) Standard guardrails shall be installed on stairway platforms. See Section 3209. (Title 24, Part 2, Section 2-3326(g).)

(h) Vertical Clearance. Vertical clearance above any stair tread to an overhead obstruction shall be at least 6 feet 6 inches measured from the leading edge of the tread.

In existing installations where the overhead clearance is less than 6 feet 6 inches, the obstruction shall be removed, or if this is impracticable, a suitable warning shall be placed near the obstruction so as to notify employees of its presence. Where the nature of the hazard is such that padding it will increase safety, this also shall be done. (Title 24, Part 2, Section 2-3326(h).)

(i) Alternating Tread Stairs.

(1) The stairs shall have a series of steps between 50 and 70 degrees from horizontal.

(2) Stair rails, designed to provide employees an adequate handhold to avoid falling, shall be provided on both sides of the stair.

(3) A minimum distance of 6 inches shall be provided between the stair rail and any fixed structure, machine or other object.

(4) A minimum of 12 inches shall be provided between the stair rails of adjacent alternating tread type stairs.

(5) The stair shall have:

(A) A minimum of 17 and a maximum of 24 inches of width between the stair rails.

(B) A minimum tread depth of 8 1/2 inches, a minimum tread width of 7 inches, a minimum tread run of 5 inches and a maximum rise to the next alternating tread surface of 9 1/2 inches.

(6) The initial tread of the stair shall begin at the same elevation as the platform or landing.

(7) The stair shall meet all other requirements of Sections 3214 and 3234.

Exception: The installation of a midrail and toeboard is not required.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (g) filed 10-5-77; effective thirtieth day thereafter (Register 77, No. 41).

4. Amendment of subsection (h) and repealer of subsection (i) and Figure IS-1 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

5. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

6. Amendment of subsection (b)(4) and new subsection (i) filed 6-3-85; effective thirtieth day thereafter (Register 85, No. 23).

7. Amendment of subsections (e)(4) and (f) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

8. Editorial correction of subsection (f) filed 8-29-85; effective thirtieth day thereafter (Register 85, No. 35).

§3235. Doors.

Note • History

(a) General.

(1) This section shall apply to every exit door. Buildings or structures used for human occupancy shall have at least one approved exit door.

(Title 24, Part 2, Section 2-3303(a).)

(2) Exit doors shall be of the side swinging type.

Exception: As provided in Section 3235(g).

(Title 24, Part 2, Section 2-3303(a).)

(3) Every door required to serve as an exit shall be designed and constructed so that the way of exit travel is obvious and direct. Windows which could be mistaken for doors shall be made inaccessible to occupants by means of barriers or railings.

(b) Width and Height. Every required exit doorway shall be of a size that permits the installation of a door not less than 3 feet in width and not less than 6 feet 8 inches high. When installed in exit doorways, exit doors shall be capable of opening at least 90 degrees and shall be mounted so that the clear width of the exitway is no less than 32 inches. In computing the exit width required, the net dimension of the exitway shall be used.

Exception: Existing buildings may be less than 3 feet in width if the clear width of the exitway is not less than 28 inches. (Title 24, Part 2, Section 2-3303(e).)

(Title 24, Part 2, Section 2-3303(f).)

(d) Swing. Exit doors shall swing in the direction of exit travel when serving:

(1) Any assembly building;

(2) Any hazardous area;

(3) An occupant load of 50 or more.

(Title 24, Part 2, Section 2-3303(b)(1).)

(e) Locking. Exit doors shall be openable from the direction of exit travel without the use of a key or any special knowledge or effort whenever the building is occupied.

Exceptions:
(1) Mental, penal, or corrective institutions where supervisory personnel is continually on duty and effective provisions are made to remove occupants in case of fire or other emergency.
(2) This requirement shall not apply to exterior exit doors in Group B occupancies, if such doors are unlocked during business hours and there is a readily visible, durable sign on or adjacent to the door stating “THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS.” The sign shall be in letters not less than one-inch high on a contrasting background. The locking device must be of a type that will be readily distinguishable as locked.
(3) Exit doors in places of employment in Group B occupancies, may be locked whenever the locking device or mechanism is controlled by an effective mechanical/electrical or electronic system acceptable to the Division and approved for the purpose by the State Fire Marshal.

Note: 1: Pursuant to the provisions of Health and Safety Code Section 17950 et seq., local enforcement officials may further restrict or prohibit the use of these devices.

(Title 24, Part 2, Section 2-3303(e)(1).)

Note: 2: Group B occupancies are those defined in Chapter 7 of the Uniform Building Code, 1979 Edition.

(f) Change in Floor Level at Doors. Regardless of the occupant load, there shall be a floor or landing on each side of a door. The floor or landing shall be no more than 1 inch lower than the threshold of the doorway. Where a door opens over a landing, the landing shall be at least as wide as the door, and at least 5 feet long. (Title 24, Part 2, Section 2-3303(i)(1) and (i)(2).)

Exception: Where the door opens into the stairway of a smokeproof enclosure, the landing need not have a length of 5 feet. (Title 24, Part 2, Section 2-3303(i)(2) Exception 1).
In existing installations where there is no landing, doors shall be conspicuously marked with a sign stating “Danger! Stairway--No Landing” or equivalent wording, and there shall be adequate illumination.

(Title 24, Part 2, Section 2-3303(i)(2) Exception 5).

(g) Special Doors. Revolving, sliding, and overhead doors shall not be used as required exits.

Exceptions:
(1) Manually operated horizontal sliding doors may be used when serving an occupant load of 10 or less.
(2) Power operated doors conforming to SFM 33.1, as shown in Chapter 2-60 of Part 2 of Title 24.

(Title 24, Part 2, Section 2-3303(g)(1).).

(h) Power-Operated Doors.

(1) Where a required door is operated by power, such as a door with photo-electric actuated mechanism that opens the door upon the approach of a person, or a door with power-assisted manual operation, the design shall be such that in event of power failure the door may be opened manually to permit exit travel or closed to safeguard means of egress.

(2) No power-operated door shall be considered a required exit unless it also swings by manual means.

(Title 24, Part 2, Section 2-3303(g)(2).)

(i) Double Acting (Swinging) Doors.

(1) Doors swinging both ways and located between rooms such as kitchen and dining room, or storeroom and sales floor, shall be provided with view panels. One shall be provided for each door of swinging double doors.

(2) Windows, if used, shall be kept free of dirt or other obstruction to vision.

(3) The bottom of the view panel or window shall be no more than 48 inches above the floor. (Title 24, Part 2, Section 2-3303(b)(2)(C).)

(4) The size of the view panel or window shall be no less than 200 square inches. (Title 24, Part 2, Section 2-3303(b)(2)(B).)

(5) Guards shall be placed over windows which are not of the shatter-proof or wired glass type. (Title 24, Part 2, Section 2-3303(b)(2)(D).)

(6) Glass in swinging doors shall conform to the provisions of Section 3242(d). (Title 24, Part 2, Section 2-3303(b)(2)(E).)

(7) Double acting doors shall not be used as exits serving a tributary occupant load or more than 100, nor shall they be used as part of a fire assembly, nor equipped with panic hardware.

(Title 24, Part 2, Section 2-3303(b)(2)(A).)

(j) Turnstiles. Turnstiles shall not be considered as providing any exit width.

(Title 24, Part 2, Section 2-3303(n)(1).)

(k) Doors in Folding Partitions. When permanently-mounted folding or movable partitions are used to divide a room into smaller spaces, exits from these enclosures shall be provided as required under Section 3228.

(Title 24, Part 2, Section 2-3303(o).)

(l) Bolts. Manually-operated edge bolts or surface-mounted flush bolts and surface bolts are prohibited on required exit doors. When exit doors are installed in pairs and automatic flush bolts are used, the door leaf with these bolts shall have no door knob or surface-mounted hardware. The unlatching of any leaf shall not require more than one operation.

(Title 24, Part 2, Section 2-3303(c)(2).)

(m) Panic Hardware.

(1) Panic hardware shall cause the door latch to release when a force not exceeding 15 pounds is applied to the releasing device in the direction of exit traffic.

(2) Hand activated door opening hardware shall be centered between 30 inches and 44 inches above the floor. Latching and locking doors that are hand activated and which are in a path of travel, shall be operable with a single effort by lever type hardware, by panic bars, push-pull activating bars or other hardware designed to provide passage without requiring the ability to grasp the opening hardware. Locked exit doors shall operate as above in the egress direction.

Exception: Doors to individual hotel or motel units shall operate similarly, except that when the bolt and unlatching operation is key operated from corridor or exterior side of the unit door, large bow keys (2 inch full bow or 1 1/4 inch half bow) shall be provided in lieu of lever type hardware on the corridor side. Separate dead lock activation on room side of the corridor doors in hotels and motels shall have handle or large thumb turn in an easily reached location.

(Title 24, Part 2, Section 2-3303(c)(3).)

(3) Panic hardware shall not be equipped with any locking or dogging device, set screw, or other arrangement which can be used to prevent the release of the latch when pressure is applied to the bar.

(4) No lock, padlock, hasp, bar, chain, or other device, or combination thereof, shall be installed or maintained at any time on or in connection with any door on which panic hardware is required, if such device prevents the free use of the door for exiting.

(n) Latches. A latch or other fastening device on a door shall be provided with a knob, handle, panic bar, or other simple type of releasing device, the method of operation of which is obvious. (Title 24, Part 2, Section 2-3303(c).)

NOTE

Authority and reference cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsection (a) filed 5-10-77; effective thirtieth day thereafter (Register 77, No. 20). For prior history, see Register 76, No. 29.

2. Amendment filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Amendment filed 5-25-83; effective thirtieth day thereafter (Register 83, No. 22). Approved by State Building Standards Commission 1-24-83.

4. Amendment of subsection (e) filed 10-13-83; effective thirtieth day thereafter (Register 83, No. 42).

§3239. Reviewing Stands, Grandstands, and Bleachers.

Note • History

For design, use and construction of reviewing stands, grandstands and bleachers refer to Section 3321 of the Uniform Building Code (UBC), 1979 Edition.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 3220 and amendment of subsections (a) and (g) filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment of subsection (h) filed 11-28-75; effective thirtieth day thereafter (Register 75, No. 48).

3. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

4. Amendment of subsection (l) filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

5. Repealer and new section filed 5-26-83; effective thirtieth day thereafter (Register 83, No. 22).

Article 3. Special Design Requirements

§3240. General Design Requirements.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsections (c), (d), and (e) and renumbering of subsection (f) to (c) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

§3241. Live Loads.

Note • History

(a) The live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed shall have such design live loads conspicuously posted by the owner in that part of each story in which they apply, using durable metal signs, and it shall be unlawful to remove or deface such notices. The occupant of the building shall be responsible for keeping the actual load below the allowable limits.

(Title 24, Part 2, Section 1607.3.5)

(b) The maximum weight of materials stored on building floors or load carrying platforms, except those built directly on the ground, shall not exceed their safe carrying capacity.

(c) Material, wherever stored, shall not create a hazard. It shall be limited in height and shall be piled, stacked, or racked in a manner designed to prevent it from tipping, falling, collapsing, rolling or spreading. Racks, bins, planks, sleepers, bars, strips, blocks, sheets, shall be used where necessary to make the piles stable.

(d) The buildings, structures, foundations, and fastenings of all prime movers, machines, and equipment shall be maintained to support safely and without dangerous vibration the loads imposed upon them.

(e) Storage racks shall be designed to safely support their intended loads and shall not be loaded in excess of their design capacity as recommended by the manufacturer.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 2-18-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Repealer of subsection (l) and consecutive relettering of subsection (m) filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

4. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

5. Repealer and new subsection (a), amendment of subsection (d) and new subsection (e) filed 7-11-2002; operative 8-10-2002 (Register 2002, No. 28).

§3241.1. Working Warehouses.

Note • History

(a) Definitions.

(1) “Sales floor” means any area where the public is invited to shop, whether indoors or outdoors.

(2) “Working warehouse” means a wholesale or retail establishment in which heavy machinery, including, but not limited to, forklifts, is used in any area where the public shops while customers are on the premises, and merchandise is stored on shelves higher than 12 feet above the sales floor.

(3) “Shelf” means a support structure of rigid material such as wood, glass, metal or metal grating to hold or store merchandise. For the purposes of this section, shelves are fixed horizontally to a wall or other vertical surface including upright wood or metal frames and columns that contain structural support, such as shelves, racks, or cantilevered arms for storing merchandise including palletized items.

(b) In addition to the requirements of subsections (c) and (e) of Section 3241, all merchandise on shelves higher than 12 feet above the sales floor of a working warehouse shall be secured. Methods of securing merchandise shall include rails, fencing, netting, security doors, gates, cables, or the binding of items on a pallet into one unit by shrink-wrapping, metal or plastic banding, or by tying items together with a cord.

Note: The height of 12 feet specified in subsections (a)(2) and (b) is the distance measured from the floor to the top plane of the shelf on which merchandise is stored, and not the distance from the floor to the top of the merchandise.

(c) When heavy machinery is used to place or retrieve merchandise on a shelf in a working warehouse, there shall be a safety zone established to temporarily block persons other than the operator from entering areas where merchandise could fall.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 9101 and 9102, Labor Code.

HISTORY

1. New section filed 10-1-2004; operative 10-31-2004 (Register 2004, No. 40).

§3242. Glass and Glazing.

Note • History

(a) General. Specifications and requirements for glass and glazing installed before March 13, 1999, shall meet the requirements of Chapter 54 of the 1982 Uniform Building Code.

(b) Specifications and requirements for glass and glazing installed on or after March 13, 1999, shall meet the requirements of Chapter 24 of the 1997 Uniform Building Code which is hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-19-75; effective thirtieth day thereafter (Register 75, No. 38).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Repealer and new subsection (c) filed 9-3-76; effective thirtieth day thereafter (Register 76, No. 36).

4. Editorial correction of Tables GG-1 and GG-2 (Register 77, No. 10).

5. Amendment of subsections (b), (c), (d), Table No. GG-1 and Table No. GG-2 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

6. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

7. Amendment of subsection (a) and new subsection (b) filed 2-11-99; operative 3-13-99 (Register 99, No. 7).

§3243. Spray Booths. [Repealed]

History

HISTORY

1. Repealer filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

§3244. Sanitation. [Repealed]

History

HISTORY

1. Repealer filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

§3245. Motion Picture Projection Rooms.

Note • History

Motion picture projection rooms shall meet the requirements as set forth in Title 24, Part 2-40.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (d) filed 3-2-76; effective thirtieth day thereafter (Register 76, No. 10).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

§3246. Use of Nitrate Film. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (c) filed 3-2-76; effective thirtieth day thereafter (Register 76, No. 10).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (e)(1) filed 9-3-76; effective upon filing (Register 76, No. 36).

4. Amendment of subsection (k) filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

5. Repealer filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

§3247. Lamp Scaffolds and Parallels.

Note • History

(a) Definitions.

(1) Lamp Scaffold means parallel as hereinafter defined.

(2) Nonoperating Side. The side of a parallel or lamp scaffold on which lamps are not installed.

(3) Operating Minimum. The side clearance necessary for the proper manipulation of a lamp.

(4) Operating Side. The side of a parallel or lamp scaffold on which lamps are installed.

(5) Parallel. An elevated staging used to support lamps and auxiliary equipment for the purpose of furnishing illumination.

(6) Nonoperating Side Guardrailing. A 2-rail railing having a toprail the upper surface of which is from 42 inches to 45 inches above the upper surface of the staging, platform, or runway being protected, and a second or midrail located halfway between the toprail and the top surface of the staging, platform, or runway.

(7) Operating Side Guardrailing. A single-rail railing the upper surface of which is from 42 inches to 45 inches above the upper surface of the staging, platform, runway, or scaffold being protected.

(b) Guardrailings.

(1) All lamp scaffolds and parallels while being used either to support lamps or serve as walkways shall be provided with nonoperating side guardrailings on the nonoperating side.

(2) All lamp scaffolds and parallels while being used to support lamps shall be provided with an operating side guardrailing on the operating side.

(3) Where the operating side guardrailing is more than 45 inches high and the clearance between adjacent lamps or between a lamp and a vertical support or structural member exceeds 18 inches, barriers such as additional vertical supports shall be installed to effectively reduce the clearance to an operating minimum. When large lamps are used which require more than 18 inches side clearance for manipulation and handling, horizontal distances up to 24 inches may be left on each side of such lamps, but in all cases such openings shall be held to an operating minimum.

When used to reduce side clearance, vertical supports shall have their lower ends securely attached to the lamp scaffold or parallel beds and shall extend upward and be securely attached to the overhead building structure, or to cross members extending from lamp scaffold upright to lamp scaffold upright, or some other equally effective method to give equal strength and rigidity.

(4) Toprails, midrails, and uprights shall be structurally sound of at least 2-inch by 4-inch lumber of the following grades or of material of equivalent strength and rigidity:

Western Wood Products West Coast Lumber In-

Association Standard spection Bureau Rules

Grading Rules 1965 No. 15

Grade Grade

Posts and rails when 122a-1900f (bending 122a-1900f (bending

2” x 4” lumber is used. stress), Select Struc- stress), Select Struc-

(Minimum dressed size tural Douglas Fir tural Douglas Fir

acceptable 1 5/8 x 3 5/8 Light Framing, 2” to Light Framing, 2” to

inches) 4” thick, 4” wide. 4” thick, 4” wide.

Slope of Grain 1” in 12” Slope of Grain 1” in 12”

in middle third of in middle third of

length, balance of length, balance of

piece 1” in 10” piece 1” in 10”

(5) Guardrails shall be attached to the uprights in a manner to afford maximum protection.

(6) Where the upper surface of a lamp scaffold or parallel bed presents no barriers along its outer edges which will tend to prevent objects from rolling or sliding from the bed, obstructions not less than 1 inch in height or greater than 2 inches in width shall be installed along such outer edges.

(1) Any fixture, chair, or operating facility on the lamp scaffolds or parallels shall be effectively secured in place.

(2) Lamp scaffolds and parallels shall be maintained free and clear of debris.

(d) Obstructions.

(1) Lamp scaffold and parallel beds shall be kept clear of all bracing, electrical wires, cables, and equipment, except for the wire and cable necessary to reach from each lamp to its respective plug-in box or bus connection and allow for lamp manipulation. All such necessary wire or cable shall be kept close to the operating side or sides of the bed leaving an unobstructed walkway.

(2) The space immediately above hanging or temporary lamp scaffold and parallel beds shall be kept similarly free of obstructions to a height of not less than 6 feet 6 inches, when stage set and hanger construction permit.

(3) The construction of hanging or temporary prefabricated lamp scaffold and parallel bed hangers shall have the month and year of manufacture stamped into the hanger clearly and legibly and shall be such that when installed and stage and set construction permit the center head clearance above the beds at the hangers will be not less than 6 feet 6 inches. Where diagonal or knee braces are used as a reinforcing means between prefabricated hanger uprights and an overhead spreader or strut, the horizontal distance between the diagonal braces, measured parallel to the strut or spreader at a height of 6 feet 6 inches above the lamp scaffold or parallel bed, shall be not less than 12 inches. The lower ends of diagonal or knee braces shall not be attached to hanger uprights at points less than 4 feet 6 inches vertically above the upper surface of lamp scaffold or parallel beds.

(4) Hanging or temporary lamp scaffold and parallel bed prefabricated hangers built before the effective date of these orders shall, when physical conditions permit, be installed to give a bed head clearance at the hanger of not less than 6 feet 6 inches.

(5) Hanging or temporary lamp scaffold and parallel bed prefabricated hangers when materially repaired or which undergo a major alteration shall give the same head clearance when installed as is required for prefabricated hangers built after the effective date of these orders.

(6) Permanent catwalks and parallels installed on or before the effective date of these orders and having a head clearance less than 6 feet 6 inches need not be altered to obtain such head clearance.

(e) Inspection and Maintenance.

(1) Lamp scaffolds and parallels shall be regularly inspected and maintained in a safe condition.

(2) No nail smaller than 8-penny common (or 8-penny box used in sufficient number to give the strength afforded by 8-penny common) shall be used in the construction of lamp scaffolds and parallels, and they shall be full driven or to the first head when double-headed nails are used. Double-headed nails shall not be used in the walking surface.

(f) Lamp Beds.

All beds used for lamping shall have a minimum width of 30 inches. Lamps shall be so installed that a continuous unobstructed walkway will be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering from Article 14.1 (Sections 3325, 3325.1-3325.6) filed 2-1-72 as an emergency; designated effective 2-1-72 (Register 72, No. 6).

2. Certificate of Compliance filed 4-26-72 (Register 72, No. 19).

3. Amendment and renumbering from Article 14.1 (Sections 3325, 3325.1-3325.6) filed 6-1-72 as an emergency; designated effective 6-1-72 (Register 72, No. 23). Certificate of Compliance included.

4. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

§3248. Mechanical Refrigeration.

Note • History

(a) Mechanical refrigeration systems placed in service before March 13, 1999, shall be designed, installed, tested, and maintained in accordance with Chapters 4, 15, and 16 of the 1982 Uniform Mechanical Code (UMC).

NOTE: A copy of the 1982 UMC is available for inspection at the office of the Occupational Safety and Health Standards Board. As of August 2008, copies may be sought for review at the California State Library and other public libraries, and copies may be purchased on a per-page basis from the International Association of Plumbing and Mechanical Officials (IAMPO).

(b) Mechanical refrigeration systems placed in service on or after March 13, 1999, but before January 1, 2008, shall be designed, installed, tested, and maintained in accordance with Chapters 2 and 11 of the 1997 Uniform Mechanical Code which are hereby incorporated by reference.

(c) Mechanical refrigeration systems placed in service on or after January 1, 2008, shall be designed, installed, tested, and maintained in accordance with Chapters 2 and 11 of the 2007 California Mechanical Code, which are hereby incorporated by reference.

Note: The provisions of Section 3248 are not intended to apply to the use of water or air as a refrigerant nor to refrigerating systems installed on railroad cars, motor vehicles, motor-drawn vehicles or on shipboard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 9-3-76; effective thirtieth day thereafter (Register 76, No. 36).

3. Editorial correction in subsection (e) (Register 77, No. 41).

4. Amendment of Table No. 15-1-C filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

5. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

6. Amendment of subsection (a), new subsection (b), and amendment of first Note filed 2-11-99; operative 3-13-99 (Register 99, No. 7).

7. Amendment filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).

8. Editorial correction of Note to subsection (a) (Register 2011, No. 8).

§3249. Cold Storage, Processing, and Manufacturing Rooms.

Note • History

(a) Every cold storage, processing and manufacturing room shall have at least one door which can be opened from the inside except as provided in (d) below, and

(Title 24, Part 2, Section 440A)

(b) Illumination shall be provided in the room. This may be either a constantly burning lamp without switch control or a lamp controlled by a switch to be located inside near the door. If a switch is used means shall be provided to indicate its location in the dark, and

(Title 24, Part 2, Section 440A)

Exceptions to Subsection (c):

1. Mental, penal, or corrective institutions where supervisory personnel are continually on duty and effective provisions are made to remove occupants in case of fire or other emergency.

2. Door(s) installed in a manner that will prevent the door from freezing shut.

3. Cold storage, processing, and manufacturing rooms where temperatures are maintained above 32 degrees F or 0 degrees C.

(d) Doors may be padlocked or otherwise securely locked from the outside if the room is equipped with an inside release mechanism which will release the latch and open the door when the latch is padlocked or

(1) There is posted on the outside of the doors a sign reading: “Do Not Lock These Doors Until You Are Positive No One Is Inside,” and

(2) The room is equipped with an electrically operated audible and visible signal system which can be actuated from inside the room and be seen and heard outside the room. Both systems to be on a single control and tested daily.

Note: A cold storage space or box is a room used for the preservation of substances by controlled temperatures. A cold processing or manufacturing room is an enclosed space or room in which products are treated, processed or manufactured in temperatures at or less than 32 degrees F or 0 degrees C.

(Title 24, Part 2, Section 440A)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 3-2-76; effective thirtieth day thereafter (Register 76, No. 10).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (c) filed 10-18-79; effective thirtieth day thereafter (Register 79, No. 42).

4. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

5. Amendment of subsections (a), (c) and (d)(2) filed 3-9-87; effective thirtieth day thereafter (Register 87, No.11).

6. Amendment filed 12-17-97; operative 1-16-98 (Register 97, No. 51).

§3250. Cold Storage, Processing and Manufacturing Room Exits.

Note • History

Two remotely located exits shall be provided for cold storage, processing and manufacturing rooms where the refrigerant coils are located inside and carry carbon dioxide, Group 2 or Group 3 refrigerant and the coils are subject to collision damage; or where the refrigerant agent is located and/or dispersed inside the rooms. These exits may be through ventilated corridors or other ventilated areas which provide unobstructed and safe access to a place of safety.

This order shall not apply to cold storage, processing and manufacturing rooms having a floor area of less than 200 square feet provided that an employee would not be required to travel more than 12 feet to an interior operating exit door.

(Title 24, Part 2, Section 2-713)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 9-19-75; effective thirtieth day thereafter (Register 75, No. 38).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

4. Amendment filed 3-9-87; effective thirtieth day thereafter (register 87, No. 11).

§3251. Refrigerator Vehicles.

Note • History

Every mobile refrigerated compartment shall have at least one door which can be opened from inside the compartment and such door shall be so located as to provide a safe means of egress. In addition to the above there shall also be provided and maintained in workable condition a suitable axe, pinch bar or other tool which will enable a person to escape if the door should freeze tight.

Exception: Provision and maintenance of an axe, pinch bar or other tool is not required in mental, penal or correctional facilities where supervisory personnel are continually on duty and effective provisions are made to ensure that occupants are not closed or sealed inside the compartment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

2. Amendment adding Exception filed 3-5-2002; operative 4-4-2002 (Register 2002, No. 10).

§3260. Sanitation. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29). For prior history, refer to Register 75, No. 32.

§3261. Nonwater Carriage Disposal Systems. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Repealer filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

Article 4. Access, Work Space, and Work Areas

§3270. Access General.

Note • History

(a) Access to every permanent elevated work location shall be by means of either fixed ladders or permanent ramps or stairways.

Note: For ramp requirements see Section 3232 of these Orders. For stairway requirements see Section 3234 of these Orders. For fixed ladder requirements see Section 3277 of these Orders.

(b) Every permanent elevated work location, where there is machinery, equipment, or material which is customarily operated or frequently repaired, serviced, adjusted, or otherwise handled and every other permanent elevated work location, shall be provided with a safe platform or maintenance runway.

(c) Access shall be provided to all equipment and appliances except those located on roofs of dwellings and their accessory buildings.

Note: For mobile vehicles and equipment, see Section 3210(b), Exception No. 9.

Exceptions:

(1) Access to elevator machinery rooms shall comply with the Elevator Safety Orders.

(2) This Article does not apply to overhead electric and communication systems, overhead line shaft bearings and clutches, valves, or similar controls which are in frequently serviced or operated from safely hooked or otherwise stable or fixed ladders or to cranes covered more specifically elsewhere in these Orders.

(d) Every permanent pit, sump, or other sunken location 30 inches or more in depth in, or from which, machinery, equipment, or materials are customarily operated or frequently repaired, serviced, adjusted, or otherwise handled shall be provided with a safe means of access. Such means of access shall be provided by means of either portable or fixed ladders or permanent stairways.

Note: Access to electrical equipment shall not be less than that required by the Electrical Safety Orders, Title 8, CCR.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsections (a) and (d) filed 9-3-76; effective thirtieth day thereafter (Register 76, No. 36).

3. Amendment of subsection (c) and repealer of subsection (d) filed 3-3-77; effective thirtieth day thereafter (Register 77, No. 10).

4. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

5. Change without regulatory effect adding Note for subsection (b) and amending Note for subsection (c) filed 7-18-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 29).

6. Amendment of section and Note filed 2-29-2008; operative 3-30-2008 (Register 2008, No. 9).

§3270.1. Use of Rope Access Equipment.

Note • History

(a) Scope and Application. This section establishes safety requirements for rope access and the use, care and maintenance of rope access equipment as defined in Section 3207. Rope supported work shall be permitted only when other means of access are not feasible or would increase the risk of injury to the employee and/or the public. The requirements of this section include, but are not limited to, the inspection of dams and spillways, access to interior or exterior structural and architectural components of buildings, highway/bridge inspection and maintenance, and access to powerplant penstocks.

Exception: (1) Window cleaning and exterior building maintenance as regulated by Articles 5 and 6 of these Orders; (2) Emergency search and rescue operations; (3) Entertainment performances and rehearsals.

(b) Approval. Rope access equipment shall be approved for its intended use as defined in Section 3206 of these Orders.

(1) The employer shall establish, implement and maintain a written Code of Safe Practices for rope access work. The written Code of Safe Practices shall include, but not be limited to the following elements:

a. Methods of rope access and anchorage used by the employer.

b. Employee selection criteria.

c. Equipment selection and inspection criteria.

d. Roles and responsibilities of rope access team members.

e. Communication systems.

f. Employee training program.

g. Rescue and emergency protocol.

h. Identification of any unique site hazards that may affect the safety of employees using rope access methods.

(2) Employees shall be trained in accordance with the Code of Safe Practices, including rescue techniques. The employer shall evaluate the competence of the employee to perform rope access in accordance with the Code of Safe Practices including a hands-on demonstration by the employee of his/her rope access skills.

(3) Employees who perform rope access shall receive annual refresher training. The training shall include a reevaluation (e.g., hands-on demonstration) of the employee's ability to perform rope access in accordance with the Code of Safe Practices.

(4) Documentation of employee training shall be maintained as required by Section 3203 of these Orders.

(d) Equipment Inspection and Maintenance.

(1) The manufacturer's recommendations for use, care, inspection and maintenance of rope access equipment shall be followed.

(2) A qualified person shall inspect rope access equipment each day before and after use to determine that the equipment is safe for its intended use.

(3) Damaged or defective rope access equipment shall be immediately removed from service.

(e) Anchorage. Anchorages shall be sufficient to safety support at least twice the maximum anticipated dynamic load imposed upon them as determined by a qualified person.

(f) Personal Protective Equipment. Employees performing rope access work shall be provided personal protective equipment in accordance with Article 10 of these Orders.

(g) There shall be at least two trained employees present when rope access equipment and techniques are used.

(h) Trainer Qualifications. Employees who use rope access equipment and/or perform rope access shall be trained by persons with the qualifications and experience necessary to effectively instruct the employee in the proper fundamentals of rope access, equipment, and techniques as described in subsection (c) of this section.

(i) The employer shall provide for the prompt rescue of employees in case of equipment malfunction or a fall, or shall assure that employees are able to rescue themselves.

(j) A safety, secondary, belay, or backup line, or other appropriate fall arrest device shall be used when the main line is the primary means of support, unless the employer can demonstrate that the second line or other fall arrest device would create a greater hazard or would otherwise be infeasible.

(1) When a safety line is used in conjunction with the main line, each line shall be provided with a separate anchor, and shall be separately fixed to the employee's harness. This shall not prohibit both lines from being attached to a single harness attachment point.

(k) Precautions (e.g., barricades, warning lines) shall be taken to control vehicular traffic and/or prevent unauthorized persons from walking or working beneath employees performing rope access operations.

(l) The employer shall conduct a pre-rope access briefing to discuss the objective(s) of the rope access work to be performed, any unusual site-specific hazards or environmental conditions that could affect the safety of the employee, and emergency procedures to be followed (e.g., employee rescue).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-4-2000; operative 9-3-2000 (Register 2000, No. 31).

§3271. Openings.

Note • History

(a) Openings to attics, furred ceiling spaces, and underfloor spaces shall not be less than 22 inches by 30 inches.

(Title 24, Par 2, Section 2-3320(f))

Exceptions:
1. Where fixed ladders extend through such openings, the openings shall be not less than 30 inches by 30 inches.
2. Floor furnaces located in underfloor spaces shall have openings of not less than 18 inches by 24 inches.

(b) When the opening is less than 4 feet in any dimension, the appliance or equipment shall not be located more than 20 feet from the opening.

(Title 24, Part 2, Section 2-3320(g))

(c) Where for inspection or maintenance it is necessary to pass through roof and ceiling trapdoors which are of such size and weight that to open or close them subjects an employee to the risk of injury, they shall be constructed and maintained so that they can be easily opened and closed from a safe working position.

(Title 24, Part 4, Section 4-504)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18493(c), Health and Safety Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

§3272. Aisles, Walkways, and Crawlways.

Note • History

(a) Crawlways shall not be less than 24 inches in width and as high as the opening or 30 inches, whichever is greater.

Exceptions:
1. Whenever any openings to such equipment are provided in weatherproof enclosures, such openings may be reduced to 15 inches in the least dimension if the equipment can be properly serviced, repaired, or replaced from these openings without removing any permanent construction.
2. Underfloor crawlways shall be not less than 24 inches by 24 inches.

(b) Where aisles or walkways are required, machinery equipment, parts, and stock shall be so arranged and spaced as to provide clear walkways or aisles of not less than 24 inches in width and 6 feet 8 inches clear headroom to a safe means of egress from the building.

In existing installations, which do not comply with the minimum headroom clearance specified above, the obstruction shall be removed, or if this is impracticable, a suitable warning sign shall be placed near or on the obstruction so as to notify employees of its presence. When the nature of the hazard is such that padding it will increase safety, this also shall be done. In no case shall the clear headroom be less than 6 feet.

(c) Permanent aisles, ladders, stairways, and walkways shall be kept reasonably clear and in good repair. Where, due to lack of proper definition, such aisles or walkways become hazardous, they shall be clearly defined by painted lines, curbings, or other method of marking.

(d) Whenever aisles, walkways, or crawlways become slippery, high-friction surfaces, cleats, coverings, or other equivalent protection against slipping will be required.

(e) Where industrial vehicles are in customary use, traffic aisles designed for the passage of a single vehicle shall be at least 2 feet wider than the widest vehicle. Two-way traffic aisles shall be at least 3 feet wider than twice the width of the widest vehicle. The Division will permit the use of suitable turnouts adjacent to one-way traffic aisles for two-way traffic when the use of such turnouts will provide equivalent safety.

Exception: Storage access aisles as defined in Section 3207.

(f) Where normal clearances present a hazard with the use of industrial vehicles, clearance limit warning signs shall be provided.

(Title 24, Part 2, Section 2-3313(i))

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsections (b) and (f) filed 5-10-77; effective thirtieth day thereafter (Register 77, No. 20). For prior history, see Register 76, No. 29.

2. Amendment of subsection (e) filed 10-5-77; effective thirtieth day thereafter (Register 77, No. 41).

3. Amendment of subsection (f) filed 12-23-77; effective thirtieth day thereafter (Register 77, No. 52).

4. Amendment of subsection (f) filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

§3273. Working Area.

Note • History

(a) Permanent floors and platforms shall be free of dangerous projections or obstructions, maintained in good repair, and reasonably free of oil, grease, or water. Where the type of operation necessitates working on slippery floors, such surfaces shall be protected against slipping by using mats, grates, cleats, or other methods which provide equivalent protection. Where wet processes are used drainage shall be maintained and false floors, platforms, mats, or other dry standing places provided.

(Title 24, Part 2, Section 2-2304(f))

(b) Permanent roadways, walkways, and material storage areas in yards shall be maintained free of dangerous depressions, obstructions, and debris.

(c) Platforms, runways, ramps, or other elevated working levels, except catwalks, that are 30 inches or more above the floor, ground, or other working area shall be no less than 2 feet wide and have no less than 6 1/2 feet clear headroom. In existing installations where an overhead hazard exists due to clearances of less than 6 1/2 feet above ramps, runways, platforms, or other elevated work areas, such work area shall be relocated and the obstruction removed. If these procedures are impracticable, a suitable warning shall be placed near the obstruction to notify employees of its presence. Where the nature of the hazard is such that padding will increase safety, it shall be installed.

(Title 24, Part 2, Section 2-3320(h)(1))

(d) Catwalks shall be no less than 18 inches wide and have 6 1/2 feet clear headroom. When installed along inclined conveyors, crane booms, etc., where because of structural or load conditions it is unreasonable to comply with basic ramp standards, catwalks may have a slope exceeding 18 degrees.

(Title 24, Part 2, Section 2-3320(h)(2))

Exceptions:

1. When required location dictates, a catwalk may have less overhead clearance if a warning and padding are provided as in (c).

2. In bowling alleys at pin-spotting and pin-setting machines, catwalks shall be no less than nominal 8 inches wide and provided with an adequate handrail if the sides are not protected by another structure.

(e) Protection from falling objects:

(1) Where there is employee exposure below an elevated work area, one or more of the following safeguards shall be implemented:

(A) Provide toeboards, screens, or guardrail systems in accordance with Article 2 of these Orders to prevent objects from falling from higher levels; or,

(B) Provide a canopy structure to protect employees from falling objects; or,

(C) Provide a physical barrier such as, but not limited to, fencing, barricades or other equivalent means or methods, to prevent entry into the area to which objects could fall.

(2) Where the type of process or operation, exclusive of repair and maintenance, is such that there are hazards to employees from materials falling through platform or runway openings, the openings shall be limited to a size that prevents materials falling through the openings.

(3) Where platform or runway gratings are used as work areas during repair or maintenance, there shall be provided at such areas suitable safeguards to prevent tools or materials falling on employees below. Such safeguards may be netting suspended below the work area, canvas, planking on the surface of the grating, or barricaded or sheltered areas below the work area.

(f) Lowering objects:

(1) Where there is employee exposure below an elevated work area, all objects, including materials, equipment and tools shall be lowered in a controlled manner, such as but not limited to using enclosed chutes, material handling equipment, or hand lines; or,

(2) When controlled lowering is not practical, or would subject employees to a greater risk of injury, protection from falling objects shall be provided by the use of effective physical barriers, such as but not limited to canopies, fencing, barricades, or barrier tape when the barrier tape is attended by a spotter who is authorized to effectively restrict entry into the area and who is on the same level as the area of the exposure, or other equivalent means or methods.

(A) Signs in accordance with Section 3340 shall be posted at the perimeter of the affected work area to warn employees of the hazard.

(g) Where it is necessary to lubricate or adjust prime movers, machines, or equipment, which extends below the floor line, sufficient work space shall be provided for the safe performance of the work.

(h) Permanently installed prime movers, machines, and equipment shall be located and guarded so that transported material does not strike either the moving parts of machines or the employees at their operating positions.

(i) Machines or equipment shall be located and guarded so that the product, waste stock, or material being worked or processed does not endanger employees.

(j) Where machinery or equipment is installed in a pit and there are shear hazards between the pit edges and parts of the machine or equipment, skirt guards shall be installed to remove such hazards, or such other device used to provide equivalent protection.

(k) Every shop transfer car and equipment carriage operating on rails, together with their loads, shall clear stationary machines, equipment, structures, or piled or stacked material, by at least 24 inches.

(l) Ditches, pits, excavations and surfaces in poor repair shall be guarded by readily visible barricades, rails or other equally effective means.

(m) Existing installations having impaired clearances shall be well posted to indicate the hazards due to such impaired clearance, and shall be guarded by guardrails, barricades, or other means.

Exceptions:

1. Inaccessible monorails, conveyors, and similar equipment operating on rails.

2. Transfer cars or carriages where the process is such that a minimum of clearance is necessary for safe operations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsections (a), (b) and (c) filed 2-18-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

4. Amendment of subsection (j) filed 7-19-79; effective thirtieth day thereafter (Register 79, No. 29).

5. New subsection (l) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

6. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

7. New subsections (e)-(e)(1)(C) and (f)-(f)(2)(A) and redesignation of former subsections (e)-(f) as subsections (e)(2)-(3) filed 8-26-2003; operative 9-25-2003 (Register 2003, No. 35).

§3274. Valves and Controls.

Note • History

(a) Where pipe valves require daily manipulation and are so located that they cannot be reached or operated from the floor, a permanent platform or other safe means of operation shall be provided.

(Title 24, Part 2, Section 2-3328(a))

(b) Valves or other controls shall not be so located that their manipulation exposes the employee to hazards of dangerous moving parts of prime movers, machines, or transmission equipment.

(Title 24, Part 2, Section 2-3328(b))

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

§3275. Scaffolds.

Note • History

Scaffolds shall be of construction at least equivalent to that required by articles 21-23 of the Construction Safety Orders (sections 1635.1-1667 of these regulations) and shall be suitable for the work to be performed thereon.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former section 3276 to section 3275 filed 12-11-90; operative 1-10-91 (Register 91, No. 3). For prior history, see Register 84, No. 50).

§3276. Portable Ladders.

Note • History

(a) Scope. This section is intended to prescribe rules and establish minimum requirements for the design, construction, selection, care, and use of all self-supporting and non-self-supporting portable ladders, in order to insure safety under normal conditions of usage. This section does not apply to ladder type step stools or other types of step stools except for the definition of “step stool (ladder type)” in subsection (b) and the design and construction requirements of subsection (c)(5).

(b) Definitions.

Extension Ladder. An extension ladder is a non-self-supporting portable ladder adjustable in length. It consists of two or more sections traveling in guides or brackets so arranged as to permit length adjustment. Its size is designated by the sum of the lengths of the sections measured along the side rails.

Extension Trestle Ladder. An extension trestle ladder is a self-supporting portable ladder, adjustable in length, consisting of a trestle ladder base and a vertically adjustable single ladder, with suitable means for locking the ladders together. The size is designated by the length of the trestle ladder base.

Ladders. A ladder is an appliance usually consisting of two side rails joined at regular intervals by crosspieces called steps, rungs, or cleats, on which a person may step in ascending or descending.

Sectional Ladder. A sectional ladder is a non-self-supporting portable ladder, nonadjustable in length, consisting of two or more sections of ladder so constructed that the sections may be combined to function as a single ladder. Its size is designated by the overall length of the assembled sections.

Side-Rolling Ladder. A side-rolling ladder is a semifixed ladder, nonadjustable in length, supported by attachments to a guide rail, which is generally fastened to shelving, the plane of the ladder being also its plane of motion.

Single Ladder. A single ladder is a non-self-supporting portable ladder, nonadjustable in length, consisting of but one section. Its size is designated by the overall length of the side rail.

Single-Rail Ladder. A ladder with rungs, cleats, or steps mounted on a single-rail instead of the normal two rails used on most other ladders.

Special-Purpose Ladder. A special-purpose ladder is a portable ladder which represents either a modification or a combination of design or construction features in one of the general-purpose types of ladders previously defined, in order to adapt the ladder to special or specific uses.

Step Ladder. A step ladder is a self-supporting portable ladder, nonadjustable in length, having flat steps and a hinged back. Its size is designated by the overall length of the ladder measured along the front edge of the side rails.

Step stool (ladder type). A self-supporting, foldable, portable ladder, nonadjustable in length, 32 inches or less in length, with flat steps and without a pail shelf, designed so that the ladder top cap as well as all steps can be climbed on. The side rails may extend above the top-cap but such extension is not considered as part of the step stool length.

Trestle Ladder. A trestle ladder is a self-supporting portable ladder, nonadjustable in length, consisting of two sections hinged at the top to form equal angles with the base. The size is designated by the length of the side rails measured along the front edge.

Trolley Ladder. A trolley ladder is a semifixed ladder, nonadjustable in length, supported by attachments to an overhead track, the plane of the ladder being at right angles to the plane of motion.

(1) Portable wood ladders placed in service after January 7, 2011 shall meet the design and construction requirements of ANSI A14.1-2007, American National Standard for Ladders -- Wood Safety Requirements, which is hereby incorporated by reference. Portable wood ladders placed in service on or before January 7, 2011, shall meet the design and construction requirements of the ANSI A14.1 standard in effect at the time such ladders were placed in service.

Exception: Portable job-made cleat ladders that are designed and constructed in accordance with the requirements of Section 1676 of the Construction Safety Orders.

(2) Portable metal ladders placed in service after January 7, 2011, shall meet the design and construction requirements of ANSI A14.2-2007, American National Standard for Ladders -- Portable Metal -- Safety Requirements, which is hereby incorporated by reference. Portable metal ladders placed in service on or before January 7, 2011, shall meet the design and construction requirements of either the ANSI A14.2 standard or the ANSI A14.10 standard, American National Standard for Ladders -- Portable Special Duty Ladders, in effect at the time such ladders were placed in service.

(3) Portable reinforced plastic ladders placed in service after January 7, 2011, shall meet the design and construction requirements of ANSI A14.5-2007, American National Standard for Ladders -- Portable Reinforced Plastic -- Safety Requirements, which is hereby incorporated by reference. Portable reinforced plastic ladders placed in service on or before January 7, 2011, shall meet the design and construction requirements of either the ANSI A14.5 standard or the ANSI A14.10 standard in effect at the time such ladders were placed in service.

(4) Portable special purpose ladders that are not covered by one of the ANSI A14 standards referenced in this section shall be designed and constructed in accordance with sound engineering principles and approved per Section 3206.

(5) Ladder type step stools shall be designed and constructed such that the rungs, cleats, and steps are not less than 8 inches apart, or more than 12 inches apart, as measured between center lines of the rungs, cleats, and steps.

(d) Selection.

(1) Ladders shall be selected and their use restricted to the purpose for which the ladder is designed. Single-rail ladders shall not be used.

(A) Scaffolds or other worker positioning equipment shall be used when work cannot be safely done from ladders.

(B) Portable ladders are generally designed for one-person use to meet the requirements of the person, the task, and the environment. When selecting a ladder for use, consideration shall be given to the ladder length or height required, the working load, the duty rating, worker position to the task to be performed, and the frequency of use to which the ladder will be subjected.

NOTE: Subsection (e)(16)(D) prohibits the use of ladders that exceed specified maximum lengths.

(2) Ladders shall be used according to the following duty classifications:

Duty Rating Ladder Type Working Load (Pounds)

Special Duty IAA 375

Extra Heavy-Duty IA 300

Heavy-Duty I 250

Medium-Duty II 225

Light-Duty III 200

(3) Ladders used in connection with ladder jack scaffolds shall be Type I, IA, or IAA duty rated ladders and shall be installed and used in accordance with the Construction Safety Orders, Section 1648.

(4) Ladders used in connection with outdoor advertising structures shall be Type I, IA, or IAA duty rated and shall be used in accordance with Section 3413.

(e) Care, Use, Inspection and Maintenance of Ladders.

(1) Maintenance. Ladders shall be maintained in good condition at all times, the joint between the steps and side rails shall be tight, all hardware and fittings securely attached, and the movable parts shall operate freely without binding or undue play. Metal ladders shall not be exposed to acid or alkali materials that are capable of corroding the ladder and reducing the ladder's strength, unless the employer obtains and follows the recommendations of the ladder manufacturer or a qualified person regarding exposure to corrosive materials.

(2) Inspection. Ladders shall be inspected by a qualified person for visible defects frequently and after any occurrence that could affect their safe use.

(3) Damaged Ladders. Ladders that have developed defects shall be withdrawn from service for repair or destruction; and tagged or marked as “Dangerous, Do Not Use” or with similar language. Ladders with broken or missing steps, rungs, cleats, safety feet, side rails, or other defects shall not be used.

(4) Cleaning. Ladders shall be free of oil, grease, or slippery materials.

(5) Surface Coatings.

Wood ladders shall not be painted with other than a transparent material.

(6) Loading. Portable ladders shall not be overloaded when used.

(7) Footing Support. The ladder base section of surface supported ladders shall be placed on a secure and level footing. When necessary, ladder levelers shall be used to achieve equal rail support on uneven surfaces. Ladders shall not be placed on boxes, barrels or other unstable bases to obtain additional height. Ladders shall not be used on ice, snow or slippery surfaces unless suitable means to prevent slippage have been employed.

(8) Top Support. The top of non-self-supporting ladders such as single and extension ladders shall be placed with the two rails supported equally, unless a single support attachment is provided and used.

The top rest for portable rung and cleat ladders shall be reasonably rigid and shall have ample strength to support the applied load.

(9) Angle of Inclination. Non-self-supporting ladders such as single ladders and extension ladders shall, where possible, be used at such a pitch that the horizontal distance from the top support to the foot of the ladder is one-quarter of the working length of the ladder (the length along the ladder between the foot and the top support). The ladder shall be so placed as to prevent slipping, or it shall be tied, blocked, held, or otherwise secured to prevent slipping. Ladders shall not be used in a horizontal position as platforms, runways, or scaffolds unless designed for such use.

(10) Access to Elevated Work Areas. Except when portable ladders are used to gain access to fixed ladders (such as those on utility towers, billboards, and other structures where the bottom of the fixed ladder is elevated to limit access), when two or more separate ladders are used to reach an elevated work area, the ladders shall be offset with a platform or landing between the ladders.

(11) Access to Landings. When portable ladders are used for access to an upper landing surface, the side rails shall extend not less than 36 inches above the upper landing surface to which the ladder is used to gain access; or when such an extension is not possible, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grab-rail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.

EXCEPTION No. 1: A grasping device such as a grab-rail is not required where the employee is protected by personal fall protection system in accordance with Article 24 of the Construction Safety Orders, Article 36 of the High-Voltage Electrical Safety Orders, Article 12 of the General Industry Safety Orders, or Article 1 of the Telecommunication Safety Orders. Operations or conditions not specifically covered by Article 36 of the High-Voltage Electrical Safety Orders, Article 12 of the General Industry Safety Orders, or Article 1 of the Telecommunication Safety Orders shall comply with the fall protection provisions of Article 24 of the Construction Safety Orders.

EXCEPTION No. 2: The provisions of this subsection do not apply to emergency rescue and emergency rescue training operations where it is not practical to extend a portable ladder 36 inches or more above the landing surface.

(12) Fastening Together. Ladders shall not be tied or fastened together to provide longer sections unless the ladders are designed for such use and equipped with the necessary hardware fittings.

(13) Erection of Extension Ladders. Extension ladders shall always be erected so that the top section (fly section) is above and resting on the bottom section (base section) with the rung locks engaged.

(14) Ladder Placement. Ladders shall not be placed in passageways, doorways, driveways, or any location where they may be displaced by activities being conducted on any other work, unless protected by barricades or guards.

(15) Climbing and Working on Ladders.

(A) The employee shall climb or work with the body near the middle of the step or rung and shall not overreach from this position. When necessary to avoid overreaching, the employee shall descend and reposition the ladder. When it is not practical to work with the body near the middle of the step or rung, the ladder shall be secured to the top support, and the employee shall be protected by a personal fall protection system in accordance with Article 36 of the High-Voltage Electrical Safety Orders, Article 24 of the Construction Safety Orders, Article 12 of the General Industry Safety Orders, or Article 1 of the Telecommunication Safety Orders. Operations or conditions not specifically covered by Article 36 of the High-Voltage Electrical Safety Orders, Article 12 of the General Industry Safety Orders, or Article 1 of the Telecommunication Safety Orders shall comply with the fall protection provisions of Article 24 of the Construction Safety Orders.

(B) Employees shall be prohibited from carrying equipment or materials which prevent the safe use of ladders.

(C) When ascending or descending a ladder, the user shall face the ladder and maintain contact with the ladder at three-points at all times.

NOTE: Contact with the ladder at three points means two feet and one hand, or two hands and one foot which is safely supporting the user's weight.

(D) An employee shall not be permitted to stand and work on the top 3 rungs of a single or extension ladder unless there are members of the structure that provide a firm handhold or the employee is protected by a personal fall protection system in accordance Article 24 of the Construction Safety Orders, Article 36 of the High Voltage Electrical Safety Orders, Article 12 of the General Industry Safety Orders, or Article 1 of the Telecommunication Safety Orders.

(E) Employees shall not sit, kneel, step or stand on the pail shelf, topcap or the step below the topcap of a step ladder.

Exception: Employees may stand on the step below the topcap provided it is located 18 inches under the topcap.

(F) Cross-bracing on the rear section of step ladders shall not be used for climbing unless the ladders are designed and provided with steps for climbing on both front and rear sections.

(G) Ladders shall not be moved, shifted, or extended while occupied, unless the ladder is designed and recommended for this purpose by the manufacturer.

(16) Prohibited Uses.

(A) Ladders shall not be used as a brace, skid, guy or gin pole, gang-way, or for other uses than that for which they were intended, unless specifically recommended for use by the manufacturer.

(B) Planks shall not be used on the top step or topcap of step ladders.

(D) Ladders that exceed the following maximum lengths shall not be used:

Ladder Type Maximum Length (Feet)

Step ladder 20

Two-section extension ladder (wood) 60

Two-section extension ladder (metal) 48

Three-section extension ladder (metal) 60

Two-section extension ladder (reinforced plastic) 72

Trestle ladder 20

Extension trestle ladder base section 20

Extension trestle ladder extension section 20

Painter's step ladder 12

Mason's ladder 40

Cleat ladder 30

Trolley ladder or side-rolling ladder 20

Single ladder 30

(E) Two section extension ladders shall not be used when the overlap between the sections is less than the following minimum overlap:

Ladder Size (Feet) Minimum Overlap (Inches)

Up to and including 32 36

Over 32, up to and including 36 46

Over 36, up to and including 48 58

Over 48, up to and including 60 70

(17) Portable rung ladders with reinforced rails shall be used only with the metal reinforcement on the under side.

(18) Electrical Hazards. Non-conductive ladders shall be used in locations where the ladder or user may contact unprotected energized electrical conductors or equipment. Conductive ladders shall be legibly marked with signs reading “CAUTION--Do Not Use Around Electrical Equipment,” or equivalent wording.

NOTE: Additional requirements for working in proximity to energized electrical equipment can be found in Article 37 of the Electrical Safety Orders.

(19) The area around the top and bottom of a ladder shall be kept clear.

(f) Employee Training. Before an employee uses a ladder, the employee shall be provided training in the safe use of ladders, unless the employer can demonstrate that the employee is already trained in ladder safety as required by this subsection. Supervisors of employees who routinely use ladders shall also be provided ladder safety training, unless the employer can demonstrate that the supervisor is already trained in ladder safety as required by this subsection. The training may be provided as part of the employer's Injury and Illness Prevention Program required by Section 3203. The training shall address the following topics, unless the employer can demonstrate a topic is not applicable to the safe use of ladders in the employer's workplace.

(1) Importance of using ladders safely, including: frequency and severity of injuries related to falls from ladders.

(2) Selection, including: types of ladders, proper length, maximum working loads, and electrical hazards.

(3) Maintenance, inspection, and removal of damaged ladders from service.

(4) Erecting ladders, including: footing support, top support, securing, and angle of inclination.

(5) Climbing and working on ladders, including: user's position and points of contact with the ladder.

(6) Factors contributing to falls, including: haste, sudden movement, lack of attention, footwear, and user's physical condition.

(7) Prohibited uses, including: uses other than designed, climbing on cross bracing, maximum lengths, and minimum overlap of extension ladder sections.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering and amendment of former section 3276 to section 3275 and new section 3276 filed 12-11-90; operative 1-10-91 (Register 91, No. 3). For prior history, see Register 85, No. 9).

2. Amendment of subsection (a)(3) and new subsection (a)(4) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

3. New subsection (b) and explanatory Note filed 6-16-98; operative 7-16-98 (Register 98, No. 25).

4. Renumbering of former section 3276 to section 3278 and renumbering and amendment of former section 3278 to new section 3276 filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

5. Amendment of subsection (e)(15)(E) and new Exception filed 12-29-2011; operative 1-28-2012 (Register 2011, No. 52).

6. Amendment of subsections (b) and (d)(1) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§3277. Fixed Ladders.

Note • History

(a) All fixed ladders shall be approved as defined in Section 3206 of the General Industry Safety Orders.

(b) Definitions.

Cage. A cage is a guard that may be referred to as a cage or basket guard, which is an enclosure that is fastened to the side rails of the fixed ladder or to the structure to encircle the climbing space of the ladder for the safety of the person who must climb the ladder.

Carrier. The track of a ladder safety system consisting of a flexible cable or rigid rail, which is secured to the ladder or structure by mountings.

Cleats. Cleats are ladder crosspieces of rectangular cross section placed on edge on which a person may step in ascending or descending.

Fastenings. A fastening is a device to attach a ladder to a structure, building, or equipment. Fixed, hinged, bearing, or slide-type fastenings may be used.

Fixed Ladder. A fixed ladder is a ladder permanently attached to a structure, building, or equipment. Ladders referred to in this code shall be construed to be fixed ladders.

Grab Bars. Grab bars are individual handholds placed adjacent to or as an extension above ladders for the purpose of providing access beyond the limits of the ladder.

Individual-Rung Ladder. An individual-rung ladder is a fixed ladder each rung of which is individually attached to a structure, building, or equipment.

Ladder. A ladder is an appliance usually consisting of two side rails joined at regular intervals by crosspieces called steps, rungs, or cleats, on which a person may step in ascending or descending.

Ladder Safety System. An approved assembly of components whose function is to arrest the fall of a user. The ladder safety system shall include the carrier and its associated attachment elements (brackets, fasteners, etc.), safety sleeve, full body harness and connectors, wherein the carrier is permanently attached to the climbing face of the ladder or immediately adjacent to the structure.

Pitch. Pitch is the included angle between the horizontal and the ladder, measured on the opposite side of the ladder from the climbing side.

Rail Ladder. A rail ladder is a fixed ladder consisting of side rails joined at regular intervals by rungs or cleats and fastened in full length or in sections to a building, structure, or equipment.

Railings. Railings when referred to in this section shall be any one or a combination of those railings defined in Section 3210.

Rungs. Rungs are ladder crosspieces on which a person may step in ascending or descending.

Safety Sleeve. The part of a ladder safety system consisting of the moving component with locking mechanism that travels on the carrier and makes the connection between the carrier and the full body harness.

Side-Step Ladder. A side-step ladder is one from which a person getting off at the top must step sideways from the ladder in order to reach the landing, such as shown in Fig. 3.

Steps. Steps are the flat crosspieces of a ladder on which a person may step in ascending or descending.

Through Ladder. A through ladder is one from which a person getting off at the top must step through the ladder in order to reach the landing, such as shown in Fig. 2.

Well. A well is a permanent complete enclosure around a fixed ladder, which is attached to the walls of the well. Proper clearances for a well will give the person who must climb the ladder the same protection as a cage. (See (g)(6) and Fig. 1.)

(c) Design Considerations. All ladders, appurtenances, and fastenings shall be designed to meet the following load requirements:

(1) The minimum design live load shall be a single concentrated load of 200 pounds.

(2) The number and position of additional concentrated live-load units of 200 pounds each as determined from anticipated usage of the ladder shall be considered in the design.

(3) The live loads imposed by persons occupying the ladder shall be considered to be concentrated at such point or points as will cause the maximum stress in the structural member being considered.

(4) The weight of the ladder and attached appurtenances together with the live load shall be considered in the design of rails and fastenings.

(5) All wood parts of fixed ladders shall meet the design and construction requirements for portable wood ladders in Section 3276(c).

(6) For fixed ladders consisting of wood side rails and wood rungs or cleats, used at a pitch in the range 75 degrees to 90 degrees, and intended for use by no more than one person per section, single ladders or cleat ladders as described in Section 3276 are acceptable.

(d) Specific Features.

(1) All rungs shall have a minimum diameter of 3/4 inch for metal ladders, except as covered in (e)(1) and a minimum diameter of 1 1/8 inches for wood ladders. Materials other than steel, aluminum, and wood are acceptable provided the design, fabrication, and erection are in accordance with recognized design practice and meet the design requirements of Section 3277(c) and Section 3277(d)(11) when applicable.

(2) The distance between the top surfaces of rungs, cleats, and steps shall not exceed 12 inches and shall be uniform throughout the length of the ladder.

Exceptions: 1. Manholes and Underground Vaults. Step spacing shall not exceed 16 inches between the top surfaces of rungs and shall be uniform throughout the length of the ladder.

2. The vertical distance of the first rung from ground level may be as high as 14 inches.

(3) The minimum clear length of rungs or cleats shall be 16 inches.

Exception: Manholes and Underground Vaults. Clear length of rungs or cleats shall not be less than 14 inches.

(4) Rungs, cleats, and steps shall be free of splinters, sharp edges, burrs, or projections which may be a hazard.

(5) The rungs of an individual-rung ladder shall be so designed that the climber's foot cannot slide off the end of a rung. A suggested design for metal rungs is shown in Fig. 4.

(6) Side Rails. Side rails which might be used as a climbing aid shall be of such cross sections as to afford adequate gripping surface without sharp edges, splinters, or burrs.

(7) Fastenings. Fastenings shall be an integral part of fixed ladder design.

(8) Splices. All splices made by whatever means shall meet design requirements as noted in (c). All splices and connections shall have smooth transition with original members and with no sharp or extensive projections.

(9) Electrolytic Action. Adequate means shall be employed to protect dissimilar metals from electrolytic action when such metals are joined.

(10) Welding. All welding shall be in accordance with procedures of the American Welding Society, or equivalent.

(11) Embedment. Individual rungs of ladders installed in manholes and underground vaults having a wall thickness which will not permit at least 6 inches of embedment shall have anchoring devices that will provide the minimum design load requirements of Section 3277(c) in addition to the following requirements:

(A) The minimum design live load shall be a single concentrated load of 300 pounds.

(B) Steps or rungs shall be embedded in the wall a minimum distance of 3 inches.

(e) Protection from Deterioration.

(1) Metal. Metal ladders and appurtenances shall be painted or otherwise treated to resist corrosion and rusting when location demands. Ladders formed by individual metal rungs imbedded in concrete, which serve as access to pits and to other areas under floors, are frequently located in an atmosphere that causes corrosion and rusting. To increase rung life in such atmosphere, individual metal rungs shall have a minimum diameter of 1 inch or shall be painted or otherwise treated to resist corrosion and rusting.

(2) Wood. Wood ladders, when used under conditions where decay may occur, shall be treated with a nonirritating preservative, and the details shall be such as to prevent or minimize the accumulation of water on wood parts. Wood ladders shall not be painted but may be coated with a clear sealant after inspection has assured that all requirements of 3278 have been met.

Note: Paint does not act as a wood preservative.

(3) Combined Materials. When different types of materials are used in the construction of a ladder, the materials used shall be so treated as to have no deleterious effect, one upon the other.

(f) Clearance.

(1) On fixed ladders, the perpendicular distance from the center line of the rungs to the nearest permanent object on the climbing side of the ladder shall be 36 inches for a pitch of 76 degrees, and 30 inches for a pitch of 90 degrees (Fig. 5), with minimum clearances for intermediate pitches varying between these two limits in proportion to the slope, except as provided in (3) and (7).

Exception: Manholes and Underground Vaults.

(2) A clear width of at least 15 inches shall be provided each way from the center line of the ladder in the climbing space, except when cages or wells are necessary. (See (g)(2) and Fig. 5.)

Exception: Manholes and Underground Vaults.

(3) Ladders equipped with cage or basket shall be excepted from the provisions of (1) and (2), but shall conform to the provisions of (g)(5). Fixed ladders in smooth-walled wells shall be excepted from the provisions of (1), but shall conform to the provisions of (g)(6).

(4) The distance from the center line of rungs, cleats, or steps to the nearest permanent object in back of the ladder shall be not less than 7 inches (Fig. 5), except that when unavoidable obstructions are encountered, minimum clearances as shown in Fig. 6 shall be provided.

Exceptions:

(1) Manholes and Underground Vaults. The clearance from the center line of rungs or steps shall not be less than 5 inches.

(2) Obstructions. At those locations where unavoidable obstructions are encountered, minimum clearances shall be as shown in Figure 6.

(5) The distance from the center line of the grab bar to the nearest permanent object in back of the grab bars shall be not less than 4 inches. Grab bars shall not protrude on the climbing side beyond the rungs of the ladder which they serve.

(6) The step-across distance from the nearest edge of ladder to the nearest edge of equipment or structure shall be not more than 12 inches, or less than 2 1/2 inches (Fig. 7).

(7) All hatch covers shall open a minimum of 60 degrees from the horizontal. The distance from the center line of rungs or cleats to the edge of the hatch opening on the climbing side shall be not less than 24 inches for offset wells or 30 inches for straight wells. There shall be no protruding potential hazards within 24 inches of the center line of rungs or cleats; any such hazards within 30 inches of the center line of the rungs or cleats shall be fitted with deflector plates placed at an angle of 60 degrees from the horizontal as indicated in Fig. 8. The relationship of a fixed ladder to an acceptable hatch cover is illustrated in Fig. 9.

(g) Cages or Wells.

(1) Construction. Cages or wells shall be built as shown on the applicable drawings, covered in detail in Figs. 1, 10, and 11, or of equivalent construction.

Exception: Chimney ladders and manholes and underground vaults.

(2) Dimensions and Maximum Length. Cages or wells conforming to the dimensions shown in Figs. 1, 10, and 11 shall be provided on ladders of more than 20 feet to a maximum unbroken length of 30 feet.

Exceptions:

(1) Fixed ladders on fire hose drying towers are not required to have a cage, well, offset platform, or ladder safety device if they do not exceed 30 feet in length and provided their use is restricted to trained fire fighters or others equally trained in ladder use.

(2) Fixed ladders on outdoor advertising structures covered by Article 11.

(3) Ladders equipped with ladder safety systems as provided under subsection (m).

(3) Top of Cage. Cages shall extend a minimum of 42 inches above the top of landing, unless other acceptable protection is provided.

(4) Bottom of Cage. Cages shall extend down the ladder to a point not less than 7 feet nor more than 8 feet above the base of the ladder, with the bottom flared not less than 4 inches. When the ladder terminates on a landing platform or walkway at an elevation greater than 30 inches above the ground, a ladder cage extension shall be provided from the bottom of the cage to the top of the guardrail when the distance from the plane of the ladder rungs to the guardrail is equal to or less than that shown in Figure 11, “Ladder Cages at Elevated Locations.”

(A) When the guardrail is located at a distance greater than that shown in Figure 11, a ladder cage extension need not be provided.

(B) The ladder cage extension or equivalent shall be constructed as follows:

1. The ladder cage extension or equivalent shall be capable of withstanding a force of at least 200 pounds applied horizontally at any point.

2. The ladder cage extension or equivalent shall be of solid construction, grille work with vertical bars located at a maximum spacing of 9-1/2 inches, center-to-center, or of slat-work with openings between slats not more than 4 vertical inches.

3. The ladder cage extension or equivalent shall be free of hazardous projections.

4. The ladder cage extension or equivalent shall be provided not less than two feet each side of the ladder center line where there is an exposure.

5. Vertical guardrail extensions may be used as equivalent construction for the ladder cage extension provided they are as high as the bottom of the cage opening and they comply with the provisions of (g)(4)(B).

(5) Size of Cage. Cages shall not extend less than 27 nor more than 30 inches from the center line of the rungs of the ladder. The cage shall not be less than 27 inches in width. The inside shall be clear of projections. Vertical bars shall be located at a maximum spacing of 9-1/2 inches, center-to-center around the circumference.

(6) Ladder Wells. Ladder wells shall have a clear width of at least 15 inches measured each way from the center line of the ladder. (See Fig.1.) Smooth-walled wells shall be a minimum of 27 inches and a maximum of 30 inches from the center line of rungs to the well wall on the climbing side of the ladder. Where other obstructions on the climbing side of the ladder exist, there shall be a minimum of 30 inches from the center line of the rungs.

(h) Pitch.

(1) Preferred Pitch. The preferred pitch of fixed ladders shall be considered to come in the range of 75 to 90 degrees with the horizontal. (See Fig. 12.)

(2) Substandard Pitch. Fixed ladders shall be considered as substandard if they are installed within the substandard pitch range of 60 to 75 degrees with the horizontal. Substandard fixed ladders shall be permitted only where it is found necessary to meet conditions of installation. (See Fig. 12.) This substandard pitch range shall be considered as a critical range to be avoided, if possible.

(3) Scope of Coverage in This Code. This code covers only fixed ladders within the pitch range of 60 to 90 degrees with the horizontal. (See Fig. 12.)

(4) Pitch Greater Than 90 Degrees. Ladders having a pitch in excess of 90 degrees with the horizontal shall not be permitted.

Exception: Manholes and Underground Vaults. Individual rung ladders installed in the walls of conical top sections of manholes and underground vaults shall be allowed to exceed a pitch of 90 degrees for a distance of not more than 2 rungs or steps in the conical top sections. The deviation from 90 degrees shall not exceed 6 inches. (See Figure 13.)

(i) Maintenance. All ladders shall be maintained in a safe condition. All ladders shall be inspected regularly, with the intervals between inspections being determined by use and exposure.

(j) Landing Platforms.

(1) When ladders are used to ascend to heights exceeding 20 feet, landing platforms shall be provided as follows:

(A) Where no cage, well, or ladder safety system is provided, landing platforms shall be provided for each 20 feet of height or fraction thereof.

(B) Where a cage or well is provided and no ladder safety system is provided, landing platforms shall be provided for each 30 feet of height or fraction thereof.

(D) Where installation conditions (even for a short, unbroken length) require that adjacent sections be offset, landing platforms shall be provided at each offset [See Subsection (m)].

Exceptions to subsection (j)(1):

1. Ladders used primarily in construction operations, fire escape ladders, and ladders equipped with treads.

2. Ladders on high-voltage transmission towers, chimneys, smoke stack ladders, water tower ladders and similar fixed ladders on permanent installations which are used either infrequently or for emergency only, provided the employee who uses the ladder is supplied with and wears approved personal fall protection equipment, which can be utilized if a rest period is required.

3. Ladders in underground mines as covered by the Mine Safety Orders.

(2) Where an employee has to step a distance greater than 12 inches from the center line of the rung of a ladder to the nearest edge of structure or equipment, a landing platform shall be provided. The minimum step-across distance shall be 2 1/2 inches (Figure 7).

(3) All landing platforms shall be equipped with guardrails and toeboards, so arranged as to give safe access to the ladder. Platforms shall be not less than 24 inches in width and 30 inches in length.

(4) One rung of any section of ladder shall be located at the level of the landing laterally served by the ladder. Where access to the landing is through the ladder, the same rung spacing as used on the ladder shall be used from the landing platform to the first rung below the landing (Figure 10).

(k) Ladder Extensions. The side rails of through or side-step ladder extensions shall extend 3 1/2 feet above parapets and landings. For through ladder extensions, the rungs shall be omitted from the extension and shall have not less than 18 nor more than 24 inches clearance between rails (Figure 2). For side-step or offset fixed ladder sections, at landings, the side rails and rungs shall be carried to the next regular rung beyond or above the 3 1/2 feet minimum (Figure 3).

(l) Grab Bars. Grab bars shall be spaced by a continuation of the rung spacing when they are located in the horizontal position. Vertical grab bars shall have the same spacing as the ladder side rails. Grab bar diameters shall be the equivalent of the round-rung diameters.

(m) Ladder Safety Systems. Ladder safety systems may be used on tower, water tank, and chimney ladders over 20 feet in unbroken length in lieu of cage protection. No landing platform shall be required in these cases. All ladder safety systems shall meet the design requirements of the ladders which they serve [See subsection (c)].

Embedded Graphic 08.0361

Fig. 1

Clearance Diagram for Fixed Ladder in Well

Embedded Graphic 08.0362

Fig. 2

Roof Ladder

Embedded Graphic 08.0363

Embedded Graphic 08.0364

Embedded Graphic 08.0365

Embedded Graphic 08.0366

Embedded Graphic 08.0367

Embedded Graphic 08.0368

Embedded Graphic 08.0369

Embedded Graphic 08.0370

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (b)(14), (e)(2), (f)(1), (f)(2) and (g)(1) filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25).

2. Amendment of subsection (g)(5) filed 9-12-75 as an emergency; effective upon filing (Register 75, No. 37).

3. Amendment of subsection (g)(5) filed 1-2-76; effective thirtieth day thereafter (Register 76, No. 1).

4. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

5. Amendment of subsection (g)(2) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

6. Amendment of subsections (d), (f)(4) and (h)(4) filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

7. Amendment of Figure 4 filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

8. New Figure 13 filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

9. Editorial correction of subsection (d)(11) filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

10. Repealer of subsections (g)(7)-(g)(13) and new subsections (j)-(m) filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

11. Editorial correction of subsection (j)(1) (Register 81, No. 46).

12. Editorial correction of subsection (j) (Register 82, No. 11).

13. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

14. Amendment of Figure 13 filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

15. Amendment of subsection (a) filed 6-1-92; operative 7-1-92 (Register 92, No. 23).

16. Editorial correction renumbering second labeled figure 6 to 7 and third labeled figure 6 to 8 (Register 92, No. 33).

17. Editorial correction repositioning History notes (Register 92, No. 33).

18. Amendment of subsection (d)(2) Exception and Note filed 7-30-96; operative 8-29-96 (Register 96, No. 31).

19. Amendment of subsection (a) filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

20. Change without regulatory effect providing more legible figures 1-13 filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

21. Amendment of section, figure 11 and Note filed 10-22-2009; operative 11-21-2009 (Register 2009, No. 43).

22. Amendment of subsections (c)(5)-(6) filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

§3278. Use of Fixed Ladders.

Note • History

(a) Employees shall:

(1) be prohibited from carrying equipment or materials which prevent the safe use of ladders;

(2) be required to face the ladder when ascending and descending;

(3) always use both hands when climbing up or down the ladder; and

(4) be prohibited from using single-rail ladders.

(b) As used in this section, “single-rail ladders” means a ladder with rungs, cleats, or steps mounted on a single-rail instead of the normal two rails used on most other ladders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

3. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

4. Amendment filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

5. Amendment of subsection (e)(12) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

6. Amendment of subsection (e) filed 12-11-90; operative 1-10-91 (Register 91, No. 3).

7. New subsection (e)(21) filed 10-20-94; operative 11-21-94 (Register 94, No. 42).

8. Repealer of subsection (e)(16) and subsection renumbering filed 6-16-98; operative 7-16-98 (Register 98, No. 25).

9. Amendment of first paragraph filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

10. Renumbering of former section 3278 to section 3276 and renumbering and amendment of former section 3276 to new section 3278 filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

11. New subsection (b) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).

§3279. Portable Metal Ladders. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c), repealer of subsections (d), (e)(2)-(e)(4) and renumbering of subsections (e)(5)-(e)(16) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).

2. New subsection (c)(5) filed 5-30-80; effective thirtieth day thereafter (Register 80, No. 22).

3. Relettering of subsection (e) to subsection (d) filed 8-28-80; effective thirtieth day thereafter (Register 80, No. 35).

4. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

5. Amendment of subsections (b), (c)(3)(A), (d)(1), (d)(2), (d)(4), (d)(5) and (d)(10) filed 2-26-85; effective thirtieth day thereafter (Register 85, No. 9).

6. Amendment of subsection (d) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

7. Editorial correction of subsection (d) filed 8-29-85; effective thirtieth day thereafter (Register 85, No. 35). Ed. Note: No change in text.

8. Amendment of subsection (d) filed 12-11-90; operative 1-10-91 (Register 91, No. 3).

9. Amendment of subsection (d), designation of subsection (d)(10)(A) and new subsection (d)(10)(B) filed 10-20-94; operative 11-21-94 (Register 94, No. 42).

10. Amendment of first paragraph filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

11. Amendment of first paragraph filed 3-26-2003; operative 4-25-2003 (Register 2003, No. 13).

12. Repealer filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

§3280. Portable Reinforced Plastic Ladders. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

2. Editorial correction of first sentence (Register 95, No. 24).

3. Amendment of first paragraph filed 3-19-99; operative 4-18-99 (Register 99, No. 12).

4. Amendment filed 3-26-2003; operative 4-25-2003 (Register 2003, No. 13).

5. Repealer filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

Article 5. Window Cleaning

§3281. Definitions.

Note • History

(a) For the purpose of Articles 5 and 6, certain terms are defined as follows, except for Appendix D:

Anchor. The fitting, fastened to the window frame or wall, to which the belt terminal is attached.

Anchor, double head. An anchor having two heads.

Anchor, single head. An anchor having one head.

Anchorage. A secure point of attachment for safety lines, lanyards or deceleration devices, and which is independent of the means of supporting or suspending the employee.

Anemometer. An instrument for measuring wind velocity.

Angulated Roping. A suspension method where the upper point of suspension is inboard from the attachments on the suspended unit, thus causing the suspended unit to bear against the face of the building.

Belt Terminal. That part of the window cleaner's safety belt which is fastened to the terminal strap to be attached to the anchor during the operation of window cleaning.

Belts, Window Cleaner's. The equipment meeting the requirements of Section 3284, attached to the body of the window cleaner while cleaning windows and shall include the terminal straps.

Buckle. Any device for holding the body belt and body harness closed around the wearer's body.

Buckle, Friction. Single Pass, Fixed Bar. A buckle which maintains its position on the webbing by means of a single pass of the webbing over the fixed center bar.

Buckle, Friction. Single Pass, Sliding Bar. A buckle which maintains its position on the webbing by means of a single looping of the webbing over the sliding center bar.

Buckle, Friction. Double Pass. A buckle which maintains its position on the webbing by friction and requires a double pass of the webbing over the center bar.

Buckle, Tongue. A buckle which depends upon a tongue passed through holes in the webbing or strength member of the belt to maintain its position.

Building. Any building or structure more than one story in height or having window sills more than 12 feet above grade, which is a place of employment.

Building Engineer of Record. A civil or structural engineer that designed the building or structure or the referenced portion of the building or structure.

Building Face Roller. A rotating cylindrical member designed to ride on the face of the building wall to prevent the platform from abrading the face of the building and to assist in stabilizing the platform.

Building Maintenance. Operations such as window cleaning, caulking, metal polishing, reglazing, and general maintenance on building surfaces.

Building Official. Any state, county, city or local building inspector.

Cable. A conductor, or group of conductors, enclosed in a weatherproof sheath, that may be used to supply electrical power and/or control current for equipment or to provide voice communication circuits.

Carriage. A wheeled vehicle used for the horizontal movement and support of other equipment.

Certification. A written, signed and dated statement confirming the performance of a requirement of this orders.

Combination Cable. A cable having both steel structural members capable of supporting the platform, and copper or other electrical conductors insulated from each other and the structural members by nonconductive barriers.

Connector. A device which is used to couple (connect) parts of the system together. It may be an independent component of the system (such as a carabineer), or an integral component of part of system (such as a buckle or dee-ring sewn into a body belt or body harness, or a snap-hook spliced or sewn to a lanyard or self-retracting lanyard).

Continuous Pressure. The need for constant manual actuation for a control to function.

Control. A mechanism used to regulate or guide the operation of the equipment.

Controlled Descent Apparatus (CDA). A CDA is a device used by window cleaners to achieve a controlled descent during window cleaning operations. The descent control capability of the CDA is derived by frictional forces developed when a line(s) passes over and/or around and/or through fixed members of the friction device designed to be readily controlled by the window cleaner.

Danger Zone. The “Danger Zone” is the area within six feet of the edge of a building's roof or protruding ledge. This area is only considered a “Danger Zone” if the roof or protruding ledge is not provided with a guardrail that stands 42 inches in height, a 42 inch high parapet, or a combination thereof.

Davit. A device, used singularly or in pairs, for suspending a powered platform from work, storage and rigging locations on the building being serviced. Unlike outriggers, a davit reacts its operating load into a single roof socket or carriage attachment.

Davit, Fixed. A davit designed to remain at a fixed location.

Davit, Ground Rigged. A davit which cannot be used to raise a suspended working platform above the building face being serviced.

Davit, Mobile. A davit designed to be used in association with a roof car.

Davit, Portable. A davit designed and dedicated for a specific building or roof area, capable of being moved manually from work location to work location within the dedicated area.

Davit, Roof Rigged. A davit used to raise the suspended working platform above the building face being serviced. This type of davit can also be used to raise a suspended working platform which has been ground-rigged.

Davit Socket, Pivoted. An anchoring device that pivots inboard from the building face and transfers loads imposed by the davit to the roof structure or parapet.

Davit, Transportable. A davit designed to be structurally compatible with and capable of being moved from building to building or worksite (geographical area) to worksite.

Deceleration Device. A mechanism, such as a rope grab, ripstitch lanyard, specially woven lanyard, tearing or deforming lanyard, or automatic self retracting-safety line/lanyard, which serves to dissipate a substantial amount of energy during a fall arrest, or otherwise limits the energy imposed on an employee during fall arrest.

Deceleration Distance. The additional vertical distance a falling employee travels, excluding safety line elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured as the distance between the location of an employee's body belt or body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, and the location of that attachment point after the employee comes to a full stop.

Equivalent. Alternative design, material or method that is acceptable to the Division and which the employer can demonstrate will provide an equal or greater degree of safety for employees than the method, material or design specified in the standard.

Extension Device. A hand tool used to perform window cleaning on surfaces beyond the normal reach of the window cleaner.

Free Fall. The act of falling before the personal fall arrest system begins to apply force to arrest the fall.

Free Fall Distance. The vertical displacement of the fall arrest attachment point on the employee's body belt or body harness between onset of the fall and just before the system begins to apply force to arrest the fall. This distance excludes deceleration distance, safety line and lanyard elongation but includes any deceleration device slide distance or self-retracting safety line/lanyard extension before they operate and fall arrest forces occur.

From the Inside. From a position in which all of the window cleaner's body except one arm and shoulder shall be on the interior side of the line of the window frame and with both feet on the floor.

From the Outside. From a position in which more of the window cleaner's body than one arm and shoulder is outside of the line of the window frame.

Grade. The ground, floor, sidewalk, roof, or any other approximately level solid surface of sufficient area and having sufficient structural strength to be considered as a safe place to work.

Ground Rigging. A method of suspending a working platform starting from grade to a point of suspension above grade.

Guide Button. A building face anchor designed to engage a guide track mounted on a platform.

Guide Roller. A rotating cylindrical member, operating separately or as part of a guide assembly, designed to provide continuous engagement between the platform and the building guides or guideways.

Guide Shoe. A device attached to the platform designed to provide a sliding contact between the platform and the building guides.

Height of Suspension. Where the term height of suspension is used in Articles 5 and 6 of these Orders, it refers to the specific suspension height on buildings or structures to the level below. To determine the suspension height, the distance is measured from the highest point of suspension for the building maintenance equipment (outrigger beam, davit, or roof carriage) to the level below. If the building maintenance equipment is suspended from roof tie-backs, the highest point is measured from the top of the parapet or roof's edge. The lowest measurement point at the level or ground below includes, but is not limited to, roofs, sidewalks, streets, parking garages, and driveways.

Hoisting Machine. A device intended to raise and lower a suspended or supported unit.

Hoist Rated Load. The hoist manufacturer's maximum allowable operating load.

Installation. All the equipment and affected parts of a building which are associated with the performance of building maintenance using powered platforms.

Interlock. A device designed to ensure that operations or motions occur in proper sequence.

Intermittent Stabilization. A method of platform stabilization in which the angulated suspension wire rope(s) are secured to regularly spaced building anchors to assure that the platform continuously bears against the building within predetermined limits.

Lanyard. A flexible length of rope, wire rope, or strap which is used to secure the body belt or body harness to a deceleration device, lifeline, or anchorage.

Lifeline. A flexible line for connection to an anchorage at one end to hang vertically (vertical lifeline), or for connection to anchorage at both ends to stretch horizontally (horizontal lifeline), and which serves as a means for connecting other components to a personal fall arrest system to the anchorage.

Live Load. The total static weight of workers, tools, parts, and supplies that the equipment is designed to support.

Machine Screw or Bolt. A screw or bolt used to install anchors on metal window frames or sections.

Manual Boatswain's Chair. A seat for one person, suspended by a single line or tackle, which is designed to be raised and lowered by the user.

Obstruction Detector. A control that will stop the suspended or supported unit in the direction of travel if an obstruction is encountered, and will allow the unit to move only in a direction away from the obstruction.

Operating Control. A mechanism regulating or guiding the operation of equipment that ensures a specific operating mode.

Operating Device. A device actuated manually to activate a control.

Outrigger Beam. A device, used singularly or in pairs, for suspending a working platform from work, storage, and rigging locations on the building being serviced. Unlike davits, an outrigger reacts its operating moment load as at least two opposing vertical components acting into two or more distinct roof points and/or attachments.

Outrigger Beam, Fixed. An outrigger beam designed to remain at a fixed location.

Outrigger Beam, Mobile. An outrigger beam designed to be used in association with a roof car.

Outrigger Beam, Portable. An outrigger beam designed and dedicated to a specific building or roof area, which is capable of being moved from work location to work location within the dedicated area.

Outrigger Beam, Transportable. An outrigger beam designed to be moved manually from building to building or worksite (geographical area) to worksite.

Personal Fall Arrest System. A system used to arrest an employee in a fall from a working level. It consists of: an anchorage, connectors, a body harness and may include a lanyard, deceleration device, safety line, or suitable combinations of these.

Platform Rated Load. The combined weight of workers, tools, equipment and other material which is permitted to be carried by the working platform at the installation, as stated on the load rating plate.

Poured Socket. The method of providing wire rope terminations in which the ends of the rope are held in a tapered socket by means of poured spelter or resins.

Primary Brake. A brake designed to be applied automatically whenever power to the prime mover is interrupted or discontinued.

Prime Mover. The source of mechanical power for as machine.

Rated Load. The manufacturer's recommended maximum load.

Rated Strength. The strength of wire rope, as designated by its manufacturer or vendor, based on standard testing procedures or acceptable engineering design practices.

Rated Working Load. The combined static weight of workers, materials, and suspended or supported equipment.

Roof Powered Platform. A working platform where the hoist(s) used to raise or lower the platform is located on the roof.

Rope. The equipment used to suspend a component of an equipment installation, i.e., wire rope.

Rope Grab. A deceleration device which travels on a safety line and automatically frictionally engages the safety line and locks so as to arrest the fall of an employee. A rope grab usually employs the principle of inertial locking, cam/lever locking, or both.

Safe Manner. The term means the use of any of the following methods of window cleaning in which the window cleaner is protected in accordance with these orders when:

Standing on the sill.

Working from a ladder.

Working from a scaffold work platform.

Working from a boatswain's chair.

Working from a safe surface.

Safe Surface. A horizontal surface intended to be occupied by employees, which is so protected by a fall protection system that it can be reasonably assured that said occupants will be protected against falls.

Safety Belt or Harness. A device used specifically for securing a worker from the hazard of falls from elevated work areas and include:

Body Belt. A strap with means both for securing it about the waist and for attaching it to a lanyard, safety line, or deceleration device.

Body Harness. A design of simple or compound straps which may be secured about the wearer in a manner to distribute the fall arrest forces over at least the thighs, pelvis, waist, chest and shoulders with means for attaching it to other components of a personal fall arrest system.

Safety Device. (Approved). (See Section 3206 of the General Industry Safety Orders.)

Safety Factor. The ratio of the nominal strength to the nominal design load.

Safety Line. A component consisting of a flexible line for connection to an anchorage at one end to hang vertically (vertical safety line), or for connection to anchorages at both ends to stretch horizontally (horizontal safety line) and which serves as a means for connecting other components of a personal fall arrest system to the anchorage.

Scaffold. The complete scaffold structure including the work platform and all supporting members.

Scaffold, Rolling. A fixed-height or extensible self-supporting scaffold that can be manually moved into place.

Scaffold, Suspended, Manually Operated (Swinging Stage). A scaffold suspended from above by wire or fiber ropes and rigged with manually operated pulley blocks or hoists or equivalent means so that the work platform elevation is easily adjustable. Such scaffold is not designed for use on a specific structure or group of structures.

Scaffold, Suspended, Permanent. A scaffold that is designed for a specific building and is used on that building only.

Scaffold, Suspended, Power Driven. Permanent or transportable suspended scaffolds equipped with one or more power units (not manually powered) for raising or lowering the scaffold platform.

Scaffold, Suspended, Transportable. A powered or manually operated work platform that is brought to a work site for the purpose of performing maintenance or other work that by nature is of short duration.

Secondary Brake. A brake designed to arrest the descent of the suspended or supported equipment in the event of an overspeed condition.

Self-Powered Platform. A working platform where the hoist(s) used to raise or lower the platform is mounted on the platform.

Self-Retracting Safety Line/Lanyard. A deceleration device which contains a drum-wound line which may be slowly extracted from, or retracted onto, the drum under slight tension during normal employee movement, and which, after onset of a fall, automatically locks the drum and arrests the fall.

Sill. A surface that is part of the building or structure, immediately below the window, and of sufficient width and design to safely support window cleaners and their equipment.

Snap-Hook. A connector comprised of a hookshaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released, automatically closes to retain the object. Snap-hooks are generally one of two types:

1. The locking type (double-acting) with a self-closing, self-locking keeper which remains closed and locked until unlocked and pressed open for connection or disconnection, or

2. The non-locking type with a self-closing keeper which remains closed until pressed open for connection or disconnection.

Speed Reducer. A positive type speed reducing machine.

Stability Factor. The ratio of the stabilizing moment to the overturning moment.

Stabilizer Tie. A flexible line connecting the building anchor and the suspension wire rope supporting the platform.

Supported Equipment. Building maintenance equipment that is held or moved to its working position by means of attachment directly to the building or extensions of the building being maintained.

Suspended Equipment. Building maintenance equipment that is suspended and raised or lowered to its working position by means of ropes or combination cables attached to some anchorage above the equipment.

Tail Line. The nonsupporting end of the wire rope used to suspend the platform.

Terminal Strap (Runner). The portion of a window cleaner's belt that attaches the terminals to the belt's waist band.

Tie-in Guides. The portion of a building that provides continuous positive engagement between the building and a suspended or supported unit during its travel on the face of the building.

Tie-off (Tieing-off). The act of an employee, wearing personal fall protection equipment, connecting directly or indirectly to an anchorage. It also means the condition of an employee being connected to an anchorage.

Traction Hoist. A type of hoisting machine that does not accumulate the suspension wire rope on the hoisting drum or sheave, and is designed to raise and lower a suspended load by the application of friction forces between the suspension wire rope and the drum or sheave.

Trolley Carriage. A carriage suspended from an overhead track structure.

Verified. Accepted by design, evaluation, or inspection by a professional engineer currently registered in the State of California.

Waist Band. That part of the window cleaner's belt which is attached to the body of the window cleaner. (Title 24, Part 2, Section 2-8501.)

Weatherproof. So constructed that exposure to adverse weather conditions will not affect or interfere with the proper use or functions of the equipment or component.

Winding Drum Hoist. A type of hoisting machine that accumulates the suspension wire rope on the hoisting drum.

Working Platform. Suspended or supported equipment intended to provide access to the face of a building and occupied by persons engaged in building maintenance.

Wrap. One complete turn of the suspension wire rope around the surface of a hoist drum. (Title 24, Part 2, Section 2-8501.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 5 (Sections 3281-3292) filed 6-20-75; effective thirtieth day thereafter (Register 75, No. 25). Window Cleaning Safety Orders formerly in Subchapter 21 (Sections 8700-8722). See Registers 26, No. 6 and 55, No. 13.

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsections (a)(19) and (a)(22) filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

4. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

5. Amendment filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

6. Amendment filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

7. Amendment of definition of “Lanyard” and new definition of “Lifeline” filed 4-4-96; operative 5-4-96 (Register 96, No. 14).

8. New definitions of “Controlled Descent Apparatus (CDA),” “Danger Zone” and “Height of Suspension,” and amendment of former definition of “Boatswain's Chair” to new definition of “Manual Boatswain's Chair” filed 7-23-98; operative 8-22-98 (Register 98, No. 30).

9. New definitions of ``Competent Person” and ``Terminal Strap (Runner)” and amendment of definition of ``Personal Fall Arrest System” filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

§3282. General Requirements for All Window Cleaning Operations.

Note • History

Scope. This Article establishes safety requirements for the cleaning of all windows of all buildings. Window cleaning includes operation(s) of washing, wiping or other methods of cleaning windows, window frames, curtain wall components, building panels, etc.

Note: It is recognized because of special site conditions that certain provisions in Article 6 may be applicable and can be used in conjunction with equipment and/or practices in this article.

(a) Windows shall not to be cleaned from the outside or inside unless means are provided to enable such work to be done in a safe manner as provided in these orders.

(b) Provisions for preventing accidents due to overhead high voltage lines shall be in conformance with the High Voltage Electrical Safety Orders, Article 37.

(c) Employers shall provide their window cleaning employees with safety equipment and devices conforming with the requirements of these orders, and shall maintain such equipment in safe condition at all times.

(d) Employers shall instruct their window cleaning employees in the proper use of all equipment provided to them, and shall supervise the use of the equipment and safety devices to insure that safe working practices are observed.

(e) All employees cleaning windows shall use safety devices and equipment as required herein.

(f) Only employees who have been properly trained to handle such equipment shall be assigned to work from scaffolds or boatswain's chairs.

(g) (1) In every building where window cleaning operations are performed in such a manner that a person stands on the sill in order to clean the window or works from the inside where the window opening is of such size that it would be possible to fall through the open window to the outside, there shall be installed window cleaning safety anchors or other anchorages approved by the Division. (Title 24, Part 2, Section 2-8502(a).)

(2) Any window which when fully opened has a clear opening with the lesser dimension exceeding 18 inches, or any window in which the height to width relationship presents a hazard, shall be considered as presenting the hazard of falling through as specified in Section 3282(g)(1) above. (Title 24, Part 2, Section 2-8502(a)2.)

(3) In every building other than those described in Section 3282(g)(1), provisions shall be made for window cleaning by use of elevating platforms, rolling scaffolds, suspended scaffolds, boatswain's chairs, or ladders, as specified in these orders. (Title 24, Part 2, Section 2-8502(a)1.)

(h) Lag screws shall not be used in new or replacement installations. (Title 24, Part 2, Section 2-8502(b).)

(i) All glass draft deflectors shall be free of sharp edges that could cut workers removing deflectors in connection with the window cleaning operations.

(j) Safety equipment, scaffolds and their components shall not be used with acids or other corrosive substances, or in corrosive atmospheres except when adequate precautions are taken to protect the scaffold from damage in accordance with recommendations of the corrosive substance manufacturer and the scaffold manufacturer.

(k) Special precautions shall be taken by the user to protect scaffold members, including any wire, fiber, or synthetic rope, when a heat-producing process is in use. Ropes that have been contacted by the heat-producing process shall be considered to be permanently damaged and shall not be used for scaffold support.

(l) Window cleaners shall not pass from one window sill to another window sill on the outside of a building unless one belt terminal is connected at all times.

(m) Window cleaners shall not be permitted to work from any sill on which there is any obstruction or a slippery substance that might impair their footing.

(n) Washing from the sill shall not be permitted unless there is a certain minimum standing room on the sill in relation to its slope. Permissible sill width and slope combinations are shown in Fig. 1.

Fig. 1

Sill Width and Slope

Embedded Graphic 08.0371

SLOPE OF STILL OR SURFACE

(DEGREES BELOW HORIZONTAL)

The chart above shows the relationship between minimum permissible sill widths and various sill slopes for washing windows from a standing position on the sill. If the point of intersection of a vertical line from the slope value with a horizontal line from the sill width value falls in the unshaded area, washing windows from a standing position on the sill is permissible. It is not permissible if the intersection falls anywhere in the shaded area.

(o) No employee shall be permitted to work from, stand or walk on any surface that is not rated for such live loading by the building's engineer of record and/or a building official. (Title 24, Part 2, Section 2-8502(c))

(p)(1)(A) Building owners shall provide the employer written assurance, before use, that all their building's safety devices and equipment meet the provisions of these orders. The written assurance shall consider, but not be limited to: window anchors and fittings; load sustaining capabilities of platforms, building components, hoisting and supporting equipment; stability factors for carriages, platforms and supporting equipment; maximum horizontal force for movement of carriages and davits; design of carriages, hoisting machines, wire rope and stabilization systems; and design criteria for electrical wiring and equipment.

(B) All safety devices and equipment considered in the written assurance shall be inspected at least every 12 months. All safety devices and parts of such equipment, including related building support structures, shall be inspected and where necessary, tested to determine if they are safe to use or operate. All such tests shall be conducted as required in Section 3296(b).

(C)1. Owners of buildings 36 feet or more in height shall have an Operating Procedures Outline Sheet (OPOS) where one or more of the following conditions apply to such buildings:

A. A building does not have established window cleaning system or procedures meeting the requirements specified in Articles 5 and 6, or

B. A building's original window cleaning procedures prepared in accordance with the requirements in Articles 5 and 6 have been changed because of building modifications, or

C. A building has extreme architectural features, which require the use of complex rigging or equipment, or a building that uses rigging or equipment not covered by these Orders.

2. An OPOS shall be developed by a person(s) with knowledge in the design, installation and use of building maintenance equipment (i.e., possessing Scaffold Inspection Testing certification as specified in Section 3296). The OPOS shall be written in a manner that can be readily understood by the employers. An OPOS that requires structural modifications to the building or existing building maintenance equipment shall have such modifications designed by a mechanical, structural or civil engineer currently registered in the State of California with experience in the design and installation of such equipment.

3. An OPOS shall be developed which at a minimum shall contain the elements of Appendix A of this Article.

(2) Employers shall not permit their employees to use any building safety devices or equipment prior to receiving copies of the written assurance and, if required, an OPOS from the building owner as required by Section 3282(p)(1)(A) and (C) above.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

3. Amendment filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

4. Amendment filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

5. Redesignation of former subsection (p)(1) to new subsection (p)(1)(A), new subsections (p)(1)(B)-(p)(1)(C)3., and amendment of subsection (p)(2) filed 7-23-98; operative 8-22-98 (Register 98, No. 30).

§3283. Anchors and Fittings.

Note • History

(a) General Requirements.

(1) An installed anchor shall not be used for any purpose other than attachment of window cleaner's belt terminals. (Title 24, Part 2, Section 2-8503(a)1.)

(2) Anchors shall be installed on the inside of a window which is to be washed from the inside but presents a hazard of falling through to the outside, as defined in Section 3282(g)(2). (Title 24, Part 2, Section 2-8503(a)2.)

(3) A window to be cleaned from the sill shall be suited structurally to the installation of anchors and, when opened, shall not interfere with the attachment of window cleaner's belt terminals to the anchors. (Title 24, Part 2, Section 2-8503(a)3.)

(4) Vertically pivoted or hinged windows to be cleaned from the sill shall have an unobstructed passage to the exterior sill that is at least 16 inches wide by 40 inches high. Double-hung, single-hung or counterbalanced windows shall have a minimum passage 21 inches wide and 30 inches high from the sill. (Title 24, Part 2, Section 2-8503(a)4.)

(5) The maximum width of a double-hung or single-hung window to be washed while standing on sill or ledge, supported by an anchor on either side of the window is 6 feet. (Title 24, Part 2, Section 2-8503(a)5.)

(6) The width of a stationary panel to be washed from the inside from an adjacent open casement window shall not be more than 2 1/2 feet.

Note: Assuming that the window cleaner could work from the inside alternately from casement panels on each side of the stationary panel, this would mean that a 5 foot width of stationary panel would be the maximum width that could be handled in this manner without anchors. (Title 24, Part 2, Section 2-8503(a)6.)

(7) Stationary panels up to 5 feet in width may be cleaned by standing on a sill or ledge (See Figure 1 for width and slope restrictions) while supported by anchors on each side of the panels if access is provided via an openable panel adjacent to the stationary panel. For stationary panels over 5 feet, but not exceeding 6 feet in width, the sill or ledge must be at least 10 inches wide with a slope not exceeding 5 degrees. (Title 24, Part 2, Section 2-8503(a)7.)

(8) A series of stationary panels without openable panels between shall require traveling methods utilizing a method, such as double-headed anchors, overhead trolley system, or other equivalent means of providing a continuous means for window cleaners to tie off their safety belts. (Title 24, Part 2, Section 2-8503(a)8.)

(9) Traveling on the outside of the building shall not be permitted where the sill or ledge is less than 6 feet wide unless it is possible to keep at least one window cleaner's belt terminal attached at all times. The distance between anchors shall not exceed 4 feet horizontally unless the sill or ledge is at least 12 inches wide and the slope is less than 5 degrees in which case the distance between anchors may be as much as 6 feet. This method of traveling shall not be permitted, however, if the sill or ledge is not continuous with at least 6 inches in front of the mullions or if each window unit is not readily accessible.

(10) When the roof level or ledge is 8 feet or more in width, as measured from the face of the building to the danger point, no special protection, such as parapet, railing or window anchors, is required.

When the distance is from 6 feet to 8 feet wide, anchors are required unless there is a railing or parapet at least 2 feet high.

When the distance is less than 6 feet, anchors or equivalent protection as required by Section 3212 shall be required. (Title 24, Part 2, Section 2-8503(a)9.)

(11) Traveling methods that comply with these regulations shall not be permitted on ledges or sills less than 6 feet in width unless double-headed anchors or 2 single-headed anchors with separate usable heads are provided on each side of all windows in the series, along with at least one openable panel to afford a safe, convenient means of access. (Title 24, Part 2, Section 2-8503(a)10.)

(12) Where double-headed anchors are installed, they shall be placed so that there is enough free room for belts to be attached to both terminals at one anchor location along with the capability for either belt to be removed independently. (Title 24, Part 2, Section 2-8503(a)11.)

(b) Anchor Design and Material Specifications.

(1) All window anchors and fittings shall comply with the applicable portions of Section 4.5 of ANSI/ASME A39.1-1991, Safety Requirements for Window Cleaning, which is herein incorporated by reference. Manufacturers of window anchors and fittings shall submit to the Division all pertinent test and other data called for by this Order. Only those anchors and fittings granted approval by the Division shall be used.

(2) The manufacturer or authorized representative, of any window unit intended for installation in new construction or remodeling shall submit evidence satisfactory to the Division that the complete installation with approved anchors has successfully withstood the drop test specified in paragraph 4.5.3(d)(2) of ANSI/ASME A39.1-1991, Safety Requirements for Window Cleaning, which is herein incorporated by reference, without failure of the frame at the point of attachment of the anchors and without detachment of the window unit from its attachments to the wall section. (Title 24, Part 2, Section 2-8503(b).)

(1) Anchor Side Clearance. The center line of the anchor head shall be at least one inch away from obstructions at either side that would interfere with engagement of belt terminals.

(2) Clearance Above and Below Anchors. Because many belt terminals slide onto the anchor from above and extend 4 or 5 inches below the anchor when attached, obstructions shall not be allowed within this distance above or below the anchor head.

(3) Minimum Bolt Edge Distance. The minimum distance from the face of the building for bolt installations when the bolt is placed in a reveal shall be as follows:

In Reinforced Concrete--2 1/2 inches if secured to reinforcing steel.

In Brick--At brick joint, not less than 8 inches from building face. (Title 24, Part 2, Section 2-8503(c).)

(d) Anchor Installations.

(1) Locations. Anchors shall be attached to the side frames of the window or to the building at a point no less than 42 inches nor more than 51 inches above the window sill.

Exception: Where the windows are less than 48 inches in height and of such design that the window cleaner would normally work from the outside, anchors shall be located at a height above the sill that is approximately two-thirds the total height of the window.

(2) Wood. When the anchor and bolt are forged as one piece, such anchors may be used in single or double configurations when provided with a front collar to prohibit anchor rotation and a rear flat washer of at least twice the diameter of the bolt with a lock washer and nut. The bolts shall be a minimum of 3/8-inch in diameter and shall pass through a solid section of the window construction. The drilled hole shall be no more than 1/16-inch larger than the bolt, and any excess bolt thread shall be cut off and the thread peened over or upset to prohibit the nut from loosening or being removed.

When anchors are employed with separate bolt(s), the preceding conditions will apply, provided that either two machine or carriage bolts are employed, or certain special anchor types have one bolt with screws to prohibit anchor movement. All anchors and hardware shall be of Type 303, 304, or 316 stainless and shall meet or exceed the material requirements of these orders. Anchor nuts shall be tamper proof.

(3) Concrete. Anchors attached to concrete poured-in-place in buildings erected after October 3, 1955 shall be installed while the concrete is being placed. Such anchors shall extend not less than 5 inches into the concrete and shall have a cross-sectional area of not less than one-fourth of a square inch and shall be provided with a fluke at the end of the anchor not less than 1 inch in length.

(4) Masonry. Anchors attached to masonry, other than concrete poured-in-place, in buildings erected after October 3, 1955, shall be installed while the wall is under construction and shall be shaped to build into the joints between masonry units. Such anchors shall be not less than 8 1/2 inches long and shall have a cross-sectional area of not less than one-fourth of a square inch at all unexposed points and shall have a fluke or flukes having holding surface of not less than 1 inch in length that shall be firmly imbedded in the masonry.

(5) Masonry and Concrete. Anchors installed on buildings of masonry and concrete construction erected before October 3, 1955 shall be attached to the window frame as required in these orders, or by other methods acceptable to the Division.

(6) Hollow Metal. Anchors attached to hollow metal construction shall be installed by one of the following methods:

(A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or equivalent passing through the frame and a steel reinforcing plate 3/8-inch thick that extends not less than 5 inches above the top bolt hole, placed on the inside of the frame and secured by means of nuts and lock washers. In cases where it is impracticable to provide nuts and lock washers, the reinforcing plate may be tapped to receive 3/8-inch diameter bolts, and the bolts shall extend through the plate.

(B) Where the threaded bolt is an integral part of the anchor, it shall be at least 1/2-inch in diameter and shall be secured by means of a nut and lock washer, or any other method acceptable to the Division.

(C) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means.

(7) Solid Metal. Anchors attached to solid metal construction shall be installed by one of the following methods:

(A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or equivalent passing through the frame and secured by means of nuts and lock washers. In cases where it is impracticable to provide nuts and lock washers, the metal frame shall be reinforced with a 3/8-inch thick plate, 6 inches long, tapped to receive both attaching bolts which shall extend through the reinforcing plate.

(C) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means.

(8) Aluminum.

(A) When anchors are attached to hollow or solid aluminum frames, the reinforcing plate shall be coated or protected so as to minimize electrolytic action between unlike metals.

(B) All anchors and anchor fastenings shall be provided with means to prevent them from turning, backing off or becoming loose.

(C) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means.

(9) The use of expansion shield anchors is prohibited. (Title 24, Part 2, Section 2-8503(d).)

(e) Inspection of Anchors and Fittings. Inspection of window cleaning anchors and fittings on buildings shall be conducted at least every 12 months.

(f) Anchor Replacement. Anchors and fittings subject to impact loading or other possible structural damage shall be replaced. Replacement shall be as specified by the anchor manufacturer or other method acceptable to the Division.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

3. Amendment of subsections (a)(8), (b)(1) and (2), (d)(2) and (5) filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

4. Amendment filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

§3284. Window Cleaner's Belts, Personal Fall Arrest Systems, Personal Fall Restraint Systems and Positioning Devices.

Note • History

(a) Window Cleaner's Belts.

(1) General Requirements.

Window cleaner's belts shall be approved and kept in good repair and visually inspected for defects prior to each use. They shall be inspected at least twice a year by the employer and all parts showing defects or excessive wear shall be promptly replaced. The use of natural fiber or canvas terminal straps (runners) is prohibited.

(A) Each belt shall be numbered or given an identifying mark, and a record kept showing date of purchase, dates when terminal rope straps were renewed, and dated when entire belt assembly was inspected.

(B) Window cleaners using a window cleaner's belt shall attach one belt terminal to an anchor before stepping out onto the sill. During the operation of window cleaning, both belt terminals shall be attached to the anchors.

(C) The fittings on the waistband through which the terminal strap or rope passes, shall be so constructed that it will be impossible for the safety terminal to pass through them.

(D) Metal thimbles, or equivalent, shall be provided where ropes or straps are secured to eyes or rings.

(2) Belt Design.

(A) All window cleaner's belts shall be designed, built and labeled to conform to ANSI/ASME A39.1-1995, Safety Requirements for Window Cleaning which is hereby incorporated by reference.

(B) In no case shall load carrying members be constructed of leather.

Note: It is not the intent of this regulation to prohibit the use of window cleaner's belts that meet the requirements of ANSI A39.1-1969, 1987, or 1991 and are so labeled.

(b) Safety Belts and Harnesses.

(1) General Requirements. Lanyards shall be kept as short as reasonably practicable to minimize the possibility and length of a free fall. The length of the lanyard shall be as short as practicable. Care shall be used to see that the lanyard is attached to a verified anchorage in such a manner that will develop its full strength. Lanyards with knots, hitches, or bends shall not be used.

(A) Lanyards consisting of wire rope or rope covered wire shall not be used in window cleaning operations while standing on sills.

(B) Chest harnesses shall not be used in window cleaning operations.

(C) Body belts and their associated lanyards when subjected to a fall shall produce a stopping force of not more than 5 times gravity.

(D) Body harness and its associated lanyards when subjected to a fall shall produce a stopping force of not more than 8 times gravity.

(E) Belts and harnesses and their lanyards which have been subjected to impact loading shall be removed from service and destroyed.

(F) Belts and harnesses and their lanyard assemblies shall be visually inspected for defects prior to each use. They shall be inspected according to the manufacturer's recommendations by the employer at least twice each year. The date of the most current semi-annual inspection shall be recorded on an inspection tag which shall be attached to the belt. In addition, records shall be kept and maintained showing date of purchase, dates when attachments were renewed, and dates when the entire belt assembly was inspected and by whom.

(G) The free ends of the lanyards of synthetic materials shall be lightly seared and, in the case of round rope, shall also be seized (whipped).

(H) Belts having single pass, fixed or sliding bar, friction buckles shall not be used for window cleaning operations.

(I) Safety lines shall be capable of supporting a dead weight of 5000 pounds.

(J) Double-acting Snap hooks shall be provided on all lanyards to minimize the possibility of accidental disengagement. The snap keeper shall be restrained by the snap nose to absorb side loads.

(K) Rope lanyards shall be spliced directly to the belt through an integral rope loop, spliced to a dee ring or spliced to a snap hook for attaching to the dee ring. Splices to hardware shall be over suitable thimbles.

(L) Web lanyards used on belts without dee rings shall terminate in a sewn eye of sufficient size to accommodate the width of the belt, but no larger. To the free end shall be sewn a snap hook in accordance with the standard, which shall result in a finished lanyard capable of meeting the qualification tests indicated in Appendix (C).

(M) Safety belts and harnesses ordered or purchased after July 1, 1993 shall have a durable label permanently affixed stating that the belt or harness meets the testing requirements of Article 6, Appendix C. The durable label shall contain at least the following information:

1. Name or designation of manufacturer.

2. Model designation.

3. Date manufactured.

4. Serial number.

5. Test Specifications.

(c) All personal fall arrest systems, personal fall restraint systems and positioning devices used in window cleaning operations shall comply with Section 1670 of the Construction Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

2. Amendment of subsections (a)(1) and (b)(2)(C) filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

3. Amendment of heading and section filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

4. Amendment of section heading and subsections (a)(1), (a)(2)(A) and (a)(2)(B), repealer of subsections (a)(2)(A)1.-5., and new subsection (c) filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

§3285. Suspended Scaffolds.

Note • History

Use and Application. Suspended transportable scaffolds shall comply with the applicable provisions of Article 23 of the Construction Safety Orders, and permanent scaffolds shall be installed as required by Article 6 of the General Industry Safety Orders.

(a) No manually operated suspended scaffold for which the rigging must be suspended by hand shall be extensible to more than 130 feet from the work platform to the upper anchorage.

(1) No power operated suspended scaffold for which the rigging must be suspended by hand shall be extensible to more than 130 feet from the work platform to the upper anchorage, unless the rigging and suspended safety lines are raised and lowered by mechanical means. (Title 24, Part 2, Section 2-8504 (a).)

(b) When a suspended scaffold is suspended over an area traveled by workers, the public or vehicular traffic, the ground area directly under the work zone shall be effectively blocked by means of barricades, or an attendant shall be stationed so as to keep the area clear. Warning signs shall also be posted below.

(c) When on a working platform, each window cleaner shall be protected by a personal fall arrest system meeting the requirements of Article 6, Appendix C, Section I of the General Industry Safety Orders, and as otherwise provided by these orders.

(1) Dog lines shall not be used in lieu of an independent safety line on two-line suspended, transportable scaffolds having only one suspension line at each end of the scaffold.

(d) Permanent scaffolds shall be provided on all buildings exceeding 130 feet in height. All permanent scaffold installations installed after July 1, 1993, shall be installed and comply with the provisions of Article 6. All permanent scaffold installations installed prior to July 1, 1993, and after September 29, 1974 shall be installed and comply with all provisions of Article 6, Appendix D. Permanent scaffolds installed prior to September 29, 1974 shall be inspected, tested and maintained in accordance with the provisions of Article 6, Appendix D.

Note: For the purpose of this section, a permanent suspended scaffold and a permanent suspended work platform shall be considered to be the same. (Title 24, Part 2, Section 2-8504 (b).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 10-29-80; effective thirtieth day thereafter (Register 80, No. 44).

3. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

4. Amendment filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

5. Amendment of first paragraph filed 5-1-90; operative 5-31-90 (Register 90, No. 23).

6. Amendment of first paragraph and subsections (a)(1), (c) and (d) filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

7. Amendment of subsection (c) filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

§3286. Manual Boatswain's Chairs and Controlled Descent Apparatus (CDA).

Note • History

(a) Use and Application.

(1)(A) Boatswain's chairs and CDAs shall be used for window cleaning operations only where the windows cannot be cleaned safely and practicably by other means.

(B) When boatswain's chairs or CDAs are used for window cleaning operations, the following conditions shall be complied with:

1. Manual boatswain's chairs shall not be used where the height of suspension exceeds 75 feet or unless otherwise accepted by the Division where the heights exceed 75 feet.

2. CDAs shall not be used where the height of suspension exceeds 130 feet or unless otherwise accepted by the Division in writing when the height exceeds 130 feet.

3. Roof tie-backs or other approved independent anchorages shall be provided for each support line(s) and each safety line.

4. Each support line(s) and each safety line shall be connected to approved independent anchorages.

5. An Operating Procedures Outline Sheet (OPOS) shall be developed as required in Section 3282(p)(1)(C).

(2)(A) Employees shall be trained in the use of boatswain's chairs and/or CDAs before they shall be permitted to use such equipment.

(B) Training shall include, but not be limited to, proper rigging of support lines, inspection of primary support line(s) and safety lines and anchorage, safe use of CDAs or boatswain's chairs, fall arrest systems, and self rescue methods.

(3) When a boatswain's chair or CDA is suspended over an area traversed by workers, pedestrians or vehicular traffic, the ground area below and within the window cleaner's work zone shall be effectively blocked by barricades, or an attendant shall be stationed to keep the area clear. Warning signs shall also be posted below.

(4) Employees using boatswain's chairs or CDAs shall be provided, and instructed in the use of, a personal fall arrest system meeting the requirements of Article 6, Appendix C, Section I of the General Industry Safety Orders, and as otherwise provided by these orders. Each employee's fall arrest system shall be secured to an independent safety line attached to an approved anchorage.

(b) Rigging, Block and Tackle.

(1) Rope attachment to a block shall be by a thimble and splice.

(2) A safety hook or shackle shall be used on the upper block to prevent accidental disengagement.

(3) Each double block of luff (or watch) tackle shall be branded or otherwise clearly marked so as to indicate the fully extended length in feet from block to block.

(4) Where the chair connects to the block and tackle, a safety hook shall be used to prevent accidental rope disengagement.

(5) Tackle shall consist of rope equivalent in strength to 5,400 pounds. Blocks shall be compatible with the suspension rope diameter.

(6) Parapet or cornice hooks shall be provided with tie-back rings. Each parapet or cornice hook shall be tied back with wire rope to a roof tie-back or equivalent anchorage.

(1)(A) Boatswain's Chair. The chair shall be suspended from its four corners by means of rope slings. It shall have a seat not less than 24 inches long by 10 inches wide and, if of soft wood, 2 inches thick (1 1/8 inches if of oak or ash). It shall be reinforced across the full width by cleats securely fastened to each end. A rope or strap guard across the front and rear approximately 18 inches above the seat shall be provided. The seat may be constructed of material other than wood, provided the material is equivalent in strength to 2 inches of soft wood or 1 1/8 inches of oak or ash. If constructed of material of equivalent strength, cleats across the full width of the seat shall be provided unless structural analysis indicated they are not necessary. Other design and construction may be substituted if it can be shown to provide equal safety and strength.

(B) Boatswain's chairs, their supports and all accessories shall be capable of supporting, without failure, 4 times the maximum load that may be placed thereon.

Note: See Section 3286(b)(1).

(2) CDA Seatboards. (A) Seatboards shall be made of wood or other suitable materials, and may be reinforced. Seatboards shall be capable of supporting a live load of at least 250 pounds. All rope and webbing used in suspending the seatboard to a CDA shall be of synthetic fiber, preferably nylon or polyester, that has a rated minimum strength of 5000 pounds.

(B) Buckets used in seatboard work shall be attached in such a manner that they will not fall.

(d) Controlled Descent Apparatus (CDA)

(1)(A) CDA system shall include but not be limited to the following:

1. Working line(s);

2. Controlled descent device;

3. Seatboard;

4. Personal fall arrest system;

5. Independent safety line (lifeline);

6. Locking carbineer (D-ring).

Note: For the purpose of Section 3286 a full body harness is required as part of the personal fall arrest system.

(B) The controlled descent device and seatboard shall be permanently marked with:

1. Manufacturer's or Trade name, and

2. Model number, and

3. Identification (serial) number, and

4. Date of manufacture.

1. Manufacturer's name, and

2. Length/size, and

3. Date of manufacture, and

4. Date placed in service.

(D) Personal fall arrest systems shall comply with the requirements in Article 6, Appendix C of the General Industry Safety Orders.

(2) The working line(s) shall be the proper size to pass over and/or around the fixed members of the controlled descent device body as recommended by the device manufacturer.

(3) Working lines, safety lines, and lanyards shall have spliced or swaged ends as per the rope manufacturer's specifications.

(4) Lanyards shall not exceed 4 feet in length.

(5) Knots shall not be permitted at ends or anywhere along the length of lanyards, working lines or safety lines.

(6) Descent control devices shall be used in accordance with the manufacturer's instructions. Employees shall not be permitted to use descent control devices unless these devices are specifically designed for building maintenance or window cleaning operations.

(7) The entire CDA system shall be visually inspected before and during each use. If any part of the system shows excessive wear, damage or deformation, that part shall be removed from service and discarded.

(8)(A) Safety lines and lanyards shall be removed from service as recommended by the manufacturer or if one of the following conditions is evident or occurs:

1. Braids or webbing are cut, or

2. Excessive abrasion or worn fibers, or

3. There is hardness or stiffness, or

4. Dirt or grit has clogged fibers, or

5. Rust, tar or grease is present, or

6. Line size has been reduced, or

7. Safety lines and lanyards are subjected to a shock load, or

8. Safety lines and lanyards are exposed to chemicals that affect their strength, or

9. Safety lines and lanyards are exposed to excessive ultra violet degradation.

(B) Working lines shall not be used longer than two (2) years from date first placed in service or three (3) years from date of manufacture.

(9) All descent control devices shall be 100% proof load tested at 3600 pounds without visual evidence of cracking, breaking or permanent deformation.

(10) Chemicals having adverse effects on the CDA system, as determined by the chemical or equipment manufacturer, shall not be used for window cleaning.

(11) Any working or safety line that passes over any edge of a building or structure or passes over any sharp object shall be protected from cutting and/or abrasion.

(12) Working lines that have been used to stop a CDA's free fall of four feet or more in distance shall be removed from service.

(13) Working lines that have been subjected to a rapid descent by an employee using the CDA shall be removed from service.

(14) Prior to making a drop, the building exterior shall be visually inspected and, where necessary, appropriate measures taken to ensure that building features, such as sharp edges of parapets and window frames cannot impair the structural integrity of the CDA system or associated fall protection rigging.

(15) A safe means of access, which includes the use of a personal fall arrest system, shall be provided before employees gain access to and egress from CDA drop locations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

2. Amendment of subsection (a)(4) and (b)(1) and (5) filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

3. Amendment of subsections (a)(3), (a)(4) and (c)(1) filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

4. Amendment of section heading and section filed 7-23-98; operative 8-22-98 (Register 98, No. 30).

5. Amendment of subsection (a)(4) filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

§3287. Ladders.

Note • History

(a) Use and Application.

(1) Ladders shall be used for window cleaning only where the windows cannot otherwise be cleaned safely and practicably by means of approved anchors and window cleaning belts, but this method shall not be used to clean a window that requires the use of a fully extended extension ladder in excess of 40 feet.

(2) At all times when a cleaner is working on a ladder over 18 feet working length, a person shall stand at the foot of it, face it, and hold it with both hands.

(3) All ladders shall be used at such a pitch that the horizontal distance from the top support to the foot of the ladder is one-quarter the assembled length of the ladder (i.e., the length along the ladder between the foot and the top support).

Note: Nonslip bases are not intended as a substitute for care in safely placing, lashing or holding a ladder that is being used on oily, metal, concrete or slippery surfaces.

(4) Pointed ladders may be used for window cleaning. Rollers shall not be used at the point.

(5) Portable metal ladders shall not be used in the vicinity of electrical circuits in places where they may come in contact with them. Portable metal ladders shall be legibly marked with signs reading “CAUTION--Do Not Use Around Electrical Equipment,” or equivalent wording.

(6) Each ladder shall be inspected daily and those which developed defects shall be withdrawn from service for repair or destruction and shall be tagged or marked “Danger, Do Not Use.” Improvised repairs shall not be made.

(7) Ladders shall be stored in such a manner as to provide ease of access or inspection, and to prevent danger of accident when withdrawing a ladder for use. Ladders, when not in use, shall be stored at a location where they will not be exposed to the elements, but where there is good ventilation. Wood ladders shall not be stored near radiators, stoves, steam pipes, or other places subjected to excessive heat or dampness. Rungs shall be kept free of grease and oil.

(8) Sectional ladders shall not be used by more than one man at a time, or with ladder jacks and scaffold planks.

(9) The top rest for the ladder shall be rigid and shall have ample strength to support the applied load. Ladders shall not be placed in front of doors unless the door is blocked open, locked or guarded. They shall not be placed on boxes, barrels or other unstable bases to obtain additional height.

(10) When ascending, working upon or descending the ladder, the user shall face the ladder.

(11) The use of ladders with hooks attached, to be hung on or over a parapet wall or other projection, shall not be permitted in window cleaning.

(12)(A) No employee shall be permitted to stand on or work from the top 3 rungs of a ladder unless there are structural members that provide a firm handhold or the employee is protected from falling by a personal fall protection system (e.g., positioning device or fall restraint system) in accordance with the requirements of Section 1670 of the Construction Safety Orders.

(B) Stepladders. Employees shall not sit, kneel, step or, stand on the pail shelf, topcap or the step below the topcap of a stepladder.

Exception: Employees may stand on the step below the topcap provided it is located 18 inches under the topcap.

Note: Tops of self supporting ladders shall not be considered as a rung.

(13) No ladder shall be used where the base of the ladder is above grade unless there is a safe means of access to the base and adequate fastenings to prevent the ladder from slipping or falling.

(14) Ladders shall not be used on scaffolds to gain additional height.

(b) Specifications.

(1) Portable ladders shall comply with Section 3276 of the General Industry Safety Orders.

Exception: Refer to Section 3287(a)(1) for maximum length.

(2) All ladders shall be equipped with nonslip bases suitable to the bearing surface. Middle and top sections shall not be used as bottom sections unless the user equips them with nonslip bases.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

2. Amendment of subsections (a)(5), (a)(11) and new subsection (a)(14) filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

3. Amendment of subsections (b)(1) and (b)(2), renumbering of subsection (b)(3) to subsection (b)(4), and new subsection (b)(3) filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

4. Redesignation and amendment of former subsection (a)(12) to subsection (a)(12)(A) and new subsection (a)(12)(B) filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

5. Amendment of subsection (b)(1), repealer of subsections (b)(2)-(3) and subsection renumbering filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

6. Amendment of subsection (a)(12)(B) and new Exception filed 12-29-2011; operative 1-28-2012 (Register 2011, No. 52).

§3288. Rolling Scaffolds.

Note • History

Scaffolds used for window cleaning shall be of construction at least equivalent to that required by Article 22 of the Construction Safety Orders and shall be used in accordance with those orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

2. Amendment of heading and section filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

§3289. Tools.

Note • History

Extension tools over 6 feet long shall not be used to clean windows from a position above grade. Extension devices so used shall be secure to prevent inadvertent detachment of the brush or squeegee.

Note: Operations in proximity to high-voltage lines are restricted by High-Voltage Electrical Safety Orders, Article 37.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

2. Amendment filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

3. Change without regulatory effect filed 9-23-88 (Register 88, No. 41).

4. Repealer of section 3289 and renumbering of section 3291 to section 3289 filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

§3290. Prohibited Equipment.

Note • History

Window jacks or portable sills shall not be used in window cleaning.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

§3291. Special Design Considerations--Permanent Roof Top Installations.

Note • History

(a) General. A Civil or Mechanical Engineer registered in the State of California shall prepare calculations and/or plans substantiating the structural integrity of all facets of the complete installation, including the eyebrow sleeves, roof davit systems, roof outrigger beams, and roof tie-backs. Such plans shall be available to the Division at the installation site.

(b) Projecting Ledges or “Eyebrows” at Roof Level.

(1) Those buildings so designed that projecting ledges or “eyebrows” at the roof or intervening levels prohibit the normal suspension of ropes supporting suspended scaffolds, shall be provided with sleeves that ex--

tend through the ledge or eyebrow. The minimum inside diameter of the sleeve shall be 6 inches to permit the passage of shackles, sockets, clamps and other rigging devices. The center-on-center spacing of sleeves shall be consistent with the length of the suspended scaffold to be utilized, but in no case shall this spacing exceed 24 feet for transportable scaffolds. Sleeves shall not be used as a rigging point unless securely anchored to the structure and be capable of supporting the rated load with a minimum safety factor of four.

Note: In lieu of the use of sleeves, other means of scaffold support, such as soffit monorail systems, etc., that offer equivalent safety and are acceptable to the Division, may be provided.

(2) Each sleeve assembly or each scaffold support system shall be provided with a securely affixed durable and readily visible metal plate bearing the rated load and installer's name in letters at least 1/4-inch in height. (Title 24, Part 2, Section 2-8505(b).)

Roof davit systems specifically shall comply with applicable provisions of Article 6 and the following:

(1) Each davit shall be provided with a securely affixed, durable and readily visible metal plate bearing the following information in letters at least 1/4-inch in height:

(A) The davit's rated load, based upon a safety factor of 4.

(B) Manufacturer's name.

(2) Provisions shall be made to easily rotate davits while on the scaffold platform or boatswain's chair unless the platform may be safely re-positioned inboard or outboard without the necessity for personnel to stand on unguarded roofs or ledges unless protected by a personal fall restraint system complying with the requirements of Section 1670 of the Construction Safety Orders.

(3) Portable davit systems shall comply with the applicable provisions of Article 6. (Title 24, Part 2, Section 2-8505(c).)

(d) Outrigger Beams.

(1) Outrigger beams shall not be employed on buildings exceeding 130 feet in height unless acceptable to the Division. All outrigger beams shall be designed to support the rated load imparted by the suspended scaffold or boatswain's chair with a safety factor of at least 4. Outrigger beams shall not extend more than 6 feet beyond the face of the building. Only steel or high strength alloy beams shall be used. The inboard end of outrigger beams, measured from the fulcrum point to the anchorage point, shall be not less than 1 1/2 times the outboard end in length. The fulcrum point of the beam shall rest on leg(s) or equivalent supports securely attached to the beam and so arranged as to prevent lateral overturning of the beam. Bearing pads shall be securely affixed to each support and shall be of sufficient area to safely distribute imposed loads to the roof structure. The inboard ends of outrigger beams shall be securely anchored by means of tension members (tie-down) affixed to the structural frame of the roof in such a manner that applied forces are resisted within allowable limits affording a safety factor of at least 4. All tie-down fittings at the inboard end of the beam shall be of a type that vibration effects shall not produce accidental disengagement. Safety hooks for beam tie-down purposes shall not be used. The use of counterweights at the inboard end of mobile and fixed outrigger beams are prohibited.

(2) The use of counterweights on the inboard end of portable or transportable outrigger beams shall be permitted only when the following conditions have been met:

(A) The building on which the counterweight beam is to be used, was constructed prior to July 23, 1990.

(B) The building was not designed for other suspension systems.

(D) The counterweights shall be secured to the inboard ends of beams and shall consist of non-flowable solid materials (e.g., concrete, steel, etc.).

(E) The outrigger shall be secured with a tie-back to a verified anchorage on the building during the entire time of use. The anchorage shall be designed to have a safety factor of not less than four based on the rated capacity of the outrigger.

(F) The counterweight shall provide a stability factor of at least 4 against overturning or upsetting of the outrigger.

(G) Each outrigger shall be designed by a registered engineer to support a load of 4 times the rated hoist capacity or the total load whichever is greater. Outrigger beams shall have a minimum rated capacity of 1000 pounds.

(H) The outrigger beam shall be secured against horizontal movement when in use.

(I) Portable outriggers weighing more than 80 pounds shall be provided with a stable means for its transport (wheels or cart).

(J) Each outrigger shall be so located that the suspension wire ropes, for two point suspended working platforms, are hung parallel.

(K) The parts of sectional outrigger beam(s) (i.e. an outrigger beam(s) consisting of more than one piece) shall be identified (e.g. numbered, color-coded). Parts shall not be interchanged or substituted except with the approval of the manufacturer.

(3) Each outrigger beam shall be provided with a securely affixed, durable and readily visible metal plate bearing the following information in letters at least 1/4-inch in height:

(A) The beam's rated load.

(B) Manufacturer's name.

(C) Precautionary warning message prohibiting use of the beam within 10 feet of high-voltage lines. (Title 24, Part 2, Section 3105A.4.2.)

(e) Portable Outrigger Beams. The use of portable outrigger beams shall comply with the applicable provisions of Article 6. (Title 24, Part 2, Section 2-8505(d).)

(f) Roof Tie-Backs.

(1) Every building constructed 3 stories or 36 feet or more in height, shall have roof tie-backs or other permanent devices installed at the roof level for the purpose of securing or tying back suspended scaffold hooks or clamps and safety lines.

Exceptions:

1. Roof tie-backs are not required on buildings employing other acceptable means of permanently installed roof top maintenance systems specified in this Article or Article 6.

2. Roof tie-backs are not required on buildings constructed up to 4 stories or 48 feet in height when building maintenance can be accomplished using extension tools, ladders, approved ground equipment such as scaffolds, or aerial devices designed and used for positioning personnel.

(2) Such devices should be spaced at approximately 12-foot intervals; however, the spacing shall depend primarily on the availability of roof structural framing members of sufficient strength to safely carry applied loads. Tie-backs may be installed in structural parapets that are of adequate strength to sustain applied loads, but, placement shall be as close to the roof level as practicable. Design criteria for tie-backs shall be as follows:

(A) Roof tie-backs shall have at least a 2-inch inside diameter closed “eye.”

(B) Tie-back assembly shall be hot-dip galvanized or afforded equivalent corrosion resistance.

(C) Assembly and anchorage provisions adequate to sustain a 5000 pound load applied in any direction without permanent deformation.

(3) Suspended scaffolds shall not be permitted unless roof tie-backs or equivalent anchorages are provided.

(g) Parapets of Excessive Height. Where building parapet heights exceed 42 inches, special provisions shall be employed to provide a safe means of access to the top of the parapet for rigging purposes if such access is necessary to the safe performance of the work. If such support systems as davit/sockets, parapet hooks or clamps, etc., are utilized at the top of parapets, a catwalk platform meeting the applicable sections of these orders, or other equivalent means of affording access for the safe performance of the work shall be provided. (Title 24, Part 2, Section 2-8505(f).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

3. Editorial correction of subsection (c)(1) (Register 79, No. 17).

4. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

5. Amendment filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 37).

6. Renumbering of section 3291 to section 3289 and renumbering and amendment of section 3292 to section 3291 filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

7. Amendment of subsection (f)(1) and Note filed 4-22-96; operative 5-22-96 (Register 96, No. 17).

8. Change without regulatory effect redesignating former subsection (f)(3)(A) to new subsection (f)(4) filed 6-22-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 26).

9. Amendment of subsections (d) and (d)(1), new subsections (d)(2)-(d)(2)(K), subsection renumbering and amendment of newly designated subsection (d)(3)(C) filed 7-23-98; operative 8-22-98 (Register 98, No. 30).

10. Amendment of subsections (c)(1) and (c)(2) filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

11. Amendment of subsections (a), (f)(1) and (f)(2)(A)-(C), repealer of subsection (f)(3), subsection renumbering, amendment of newly designated subsection (f)(3) and amendment of Note filed 3-27-2007; operative 4-26-2007 (Register 2007, No. 13).

Appendix A Operating Procedures Outline Sheet (OPOS)

An OPOS establishes safe window cleaning and exterior maintenance procedures for buildings and structures. An OPOS shall include all of the necessary elements in pictorial and written form, to instruct employees in the safe use of roof supported building maintenance equipment or window cleaning procedures not covered by these Orders. An OPOS shall contain at least the following elements:

1. Isometric or plan view drawing (pictorial drawing) of the building's roof, including the building's name, address, and the date the OPOS was prepared; and

a. The drawing shall be legible and kept with the building's written assurance; and

2. Identification of drop zones, recommended drop sequences, scaffold configurations, and specific building maintenance procedures including the equipment to be used, e.g. permanent roof rigging platform, ground rigged scaffolding, davits, outrigger beams, boatswain's chair or seatboard, etc.; and

3. Identification of all anchorage points for personal fall arrest systems and building maintenance equipment; and

4. Identification of personal fall protection requirements and, if applicable, procedures for securing equipment; and

5. If applicable, identification of all dangerous areas on the roof by highlighting all of the “Danger Zone(s)” on the pictorial drawing(s); and

6. If applicable, description of the means and methods to be used to transfer equipment from drop location to drop location or between building levels; and

7. Identification of equipment limitations, load ratings, and special use conditions; and

8. Provisions for pre-operational, operation and maintenance inspections; and

9. Identification of the access and egress to the work locations and the storage area(s) for the permanent or transportable building maintenance equipment; and

10. If applicable, indication of the location and method of stabilization provided for the suspended equipment; and

11. Emergency and rescue procedures, and means of communications to be used during such procedures; and

12. Method(s) to be used to control employee exposure to falls while they are in the “Danger Zone.”

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix A filed 7-23-98; operative 8-22-98 (Register 98, No. 30).

Article 6. Powered Platforms and Equipment for Building Maintenance

§3292. General.

Note • History

(a) Scope.

(1) This article covers powered platform installations permanently dedicated to interior or exterior building maintenance of a specific structure or group of structures. This article does not apply to suspended scaffolds used for construction work and covered under Article 23 of the Construction Safety Orders. Building maintenance includes, but is not limited to, such tasks as window cleaning, caulking, metal polishing and reglazing.

Note: It is recognized because of special site conditions that certain provisions contained in Article 5 may be applicable and can be used in conjunction with equipment and/or practices in this article.

(2) Effective date. This article is effective July 1, 1993. (Title 24, Part 2, Section 2-8520(a).)

(b) Application.

(1) New Installations. This article applies to all permanent installations completed after a July 1, 1993. Major modifications to existing installations completed after that date are also considered new installations under this article.

(2) Existing Installations.

(A) Permanent installations in existence and or completed before July 1, 1993 shall comply with Sections 3296 through 3299 and Appendix C of this article.

(B) In addition, permanent installations completed after September 29, 1974 and in existence and/or completed before July 1, 1993, shall comply with Appendix D of this Article.

Note: For permanent installations completed before September 29, 1974, see Appendix D, subparagraph (b). (Title 24, Part 2, Section 2-8520(b).)

(1) Building owners of new installations shall inform the employer before each use in writing that the installation meets the requirements of Sections 3294 and 3295 relating to: required load sustaining capabilities of platforms, building components, hoisting and supporting equipment; stability factors for carriages, platforms and supporting equipment; maximum horizontal force for movement of carriages and davits; design of carriages, hoisting machines, wire rope and stabilization systems; and design criteria for electrical wiring and equipment.

(2) Building owners shall base the information required in subsection (c)(1) of this section on the results of a field test of the installation before it is placed into service and following any major alteration to an existing installation as required in Section 3296. The assurance shall also be based on all other relevant available information, including, but not limited to, test data, equipment specifications and verification by a professional engineer currently registered in the State of California.

(3) Building owners of all installations, new and existing, shall inform the employer in writing that the installation has been inspected, tested and maintained in compliance with the requirements of Sections 3296 and 3297 and that all protection anchorages meet the requirements of Section I paragraph (c)(10) in Appendix C of this article.

(4) Building owners shall make available to employers the manufacturer's instruction manual and all other written documents necessary for the operation and maintenance of the building's permanent powered platform installations.

(5) The employer shall not permit employees to use the installation prior to receiving written assurance from the building owner that the installation meets the requirements contained in subsections (c)(1), (c)(3) and (c)(4) of this section.

(d)(1) Owners of buildings or structures shall develop an emergency procedures plan to assure both safe access to and egress from suspended permanent or transportable exterior and/or interior equipment. Where an Operating Procedures Outline Sheet (OPOS) has been developed for the building or structure in accordance with Appendix A of Article 5, the emergency procedures plan shall be incorporated into the OPOS.

(A) The emergency procedures plan shall be developed on a contract plan sheet in written and/or pictorial form and be available for review at the site by affected employees.

(B) Necessary features such as safety belt anchorages and adequate safe walkways required during emergencies shall be incorporated into the structure itself and delineated on the emergency procedure plan.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of article heading and new section filed 3-9-93; operative 4-8-93 (Register 93, No. 11). For prior history, see Register 85, No. 37.

2. Editorial correction of printing error in History 1. (Register 93, No. 28).

3. Change without regulatory effect amending section heading and subsection (a) filed 7-6-93; operative 8-5-93 (Register 93, No. 28).

4. Amendment of subsection (d)(1) and amendment of Note filed 4-27-2000; operative 5-27-2000 (Register 2000, No. 17).

5. Amendment of subsection (c)(5) and amendment of Note filed 3-27-2007; operative 4-26-2007 (Register 2007, No. 13).

§3293. Definitions.

Note • History

Definitions for certain terms used in Article 6 and Appendixes A through C are located in Article 1, Section 3207 and Article 5, Section 3281. Definitions for the terms used in Appendix D are located in Appendix D and only apply to Appendix D. (Title 24, Part 2, Section 2-8250(c).)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Repealer and and new section filed 3-9-93; operative 4-8-93 (Register 93, No. 11). For prior history, see Register 85, No. 37.

2. Amendment filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

§3294. Powered Platform Installations--Affected Parts of Buildings.

Note • History

(a) General Requirements. The following requirements apply to affected parts of buildings which utilize working platforms for building maintenance:

(1) Structural supports, tie-downs, tie-in guides, anchoring devices and any affected parts of the building included in the installation shall be designed by or under the direction of a professional engineer currently registered in State of California and experienced in such design;

(2) Exterior installations shall be capable of withstanding prevailing climatic conditions;

(3) The building installation shall provide safe access to, and egress from, the equipment and sufficient space to conduct necessary maintenance of the equipment;

(4) The affected parts of the buildings shall have the capability of sustaining all the loads imposed by the equipment; and,

(5) The affected parts of the buildings shall be designed so as to allow the equipment to be used without exposing employees to a hazardous condition.

(b) Tie-in Guides.

(1) The exterior of each building shall be provided with tie-in guides unless the conditions in subsection (b)(2) or (b)(3) of this section are met.

Note: See Figure 1 in Appendix B of this Article for a description of a typical continuous stabilization system utilizing tie-in guides.

(2) If angulated roping is employed, tie-in guides required in subsection (b)(1) of this section may be eliminated for not more than 75 feet of the uppermost elevation of the building, if infeasible due to exterior building design, provided an angulation force of at least 10 pounds is maintained under all conditions of loading.

(3) Tie-in guides required in subsection(b)(1) of this section may be eliminated if one of the guide systems in subsection (b)(3)(A), (b)(3)(B) or (b)(3)(C) of this section is provided, or an equivalent.

(A) Intermittent Stabilization System. The system shall keep the equipment in continuous contact with the building facade, and shall prevent sudden horizontal movement of the platform. The system may be used together with continuous positive building guide systems using tie-in guides on the same building, provided the requirements for each system are met.

1. The maximum vertical interval between building anchors shall be three floors or 50 feet, whichever is less.

2. Building anchors shall be located vertically so that attachment of the stabilizer ties will not cause the platform suspension ropes to angulate the platform horizontally across the face of the building. The anchors shall be positioned horizontally on the building face so as to be symmetrical about the platform suspension ropes.

3. Building anchors shall be easily visible to employees and shall allow a stabilizer tie attachment for each of the platform suspension ropes at each vertical interval. If more than two suspension ropes are used on a platform, only the two building-side suspension ropes at the platform ends shall require a stabilizer attachment.

4. Building anchors which extend beyond the face of the building shall be free of sharp edges or points. Where cables, suspension wire ropes and safety lines may be in contact with the building face, external building anchors shall not interfere with their handling or operation.

5. The intermittent stabilization system building anchors and components shall be capable of sustaining without failure at least four times the maximum anticipated load applied or transmitted to the components and anchors. The design wind load for each anchor shall be 600 pounds.

6. The building anchors and stabilizer ties shall be capable of sustaining anticipated horizontal and vertical loads from winds specified for roof storage design which may act on the platform and wire ropes if the platform is stranded on a building face. If the building anchors have different spacing than the suspension wire ropes or if the building requires different suspension spacings on one platform, each building anchor and stabilizer tie shall be capable of sustaining the wind loads.

Note: See Figure 2 in Appendix B of this article for a description of a typical intermittent stabilization system.

(B) Button Guide Stabilization System.

1. Guide buttons shall be coordinated with platform mounted equipment as specified in Section 3295(e)(6).

2. Guide buttons shall be located horizontally on the building face so as to allow engagement of each of the guide tracks mounted on the platform.

3. Guide buttons shall be located in vertical rows on the building face for proper engagement of the guide tracks mounted on the platform.

4. Two guide buttons shall engage each guide track at all times except for the initial engagement.

5. Guide buttons which extend beyond the face of the building shall be free of sharp edges or points. Where cables, ropes and safety lines may be in contact with the building face, guide buttons shall not interfere with their handling or operation.

6. Guide buttons, connections and seals shall be capable of sustaining without damage at least the weight of the platform, or provision shall be made in the guide tracks or guide track connectors to prevent the platform and its attachments from transmitting the weight of the platform to the guide buttons, connections and seals. In either case, the design load shall be 600 pounds per building anchor.

Note: 1. See Section 3295(e)(6) for relevant equipment provisions.

2. See Figure 3 in Appendix B of this article for a description of a typical button guide stabilization system.

(C) System utilizing angulated roping and building face rollers. The system shall keep the equipment in continuous contact with the building facade, and shall prevent sudden horizontal movement of the platform. This system is acceptable only where the suspended portion of the equipment in use does not exceed 130 feet above a safe surface or ground level, and where the platform maintains no less than 10 pounds angulation force on the building facade.

(4) Tie-in guides for building interiors (atriums) may be eliminated when a professional engineer currently registered in the State of California determines that an alternative stabilization system, including systems in Section 3294(b)(3)(A), (B) and (C) or a platform tie-off at each work station will provide equivalent safety.

(1) Buildings or structures shall be provided with a perimeter guard consisting of a parapet or guardrail system meeting the requirements of Section 3209 located above the adjacent horizontal surface on which portable equipment such as davits and outriggers beams are used to support suspended equipment or which provides access to or from such equipment.

(2) All parapet and guardrail systems installed on structures serviced by equipment meeting Article 6 requirements that is transported on a trackless-type roof car shall be designed and installed to withstand a minimum lateral force of 200 pounds per linear foot applied at 21 inches above the surface supporting the roof car. All other installations shall be designed and installed to withstand a minimum lateral force of 50 pounds per linear foot applied at the top of the standard height guardrail or parapet.

(3) The perimeter guard shall not be more than 6 inches inboard of the inside face of a barrier, i.e., the parapet wall or roof edge curb of the building being serviced; however, the perimeter guard location shall not exceed an 18-inch set-back from the building face.

(4) Where building features such as parapets or guardrails are required to support workers' safety lines, they shall be designed to withstand the combined vector component loads imposed without causing damage to such building features.

(5) Parapets exceeding 6 feet in height above the building area roof surface requiring roof-rigged transportable suspended scaffold or similar equipment shall have a suitable peripheral walkway located 42 inches below the parapet on all areas using the exterior maintenance system. Rolling scaffolds or ladders shall not be used unless they, the roof and exterior maintenance systems are designed to be compatible with their use.

(6) A specifically designed fall protection system shall be provided and used on surfaces such as sloping roof areas where workers' duties require that they gain access to or work from such areas.

(A) The fall protection system shall support a 5,000 pound safety line loading and enable the worker to ascend and descend the sloping surface in a controlled manner using a primary and secondary support line secured to a fall protection system at the upper end and to the safety line at the lower end.

(B) Access shall not be permitted on surfaces such as glazed roofs, vaults, or skylights unless an engineer currently registered in the State of California has certified that the surface will support all anticipated loads.

(d) Equipment Stops. Operational areas for trackless type equipment shall be provided with structural stops, such as curbs, to prevent equipment from traveling outside its intended travel areas and to prevent a crushing or shearing hazard.

(e) Maintenance Access. Means shall be provided to traverse all carriages and their suspended equipment to a safe area for maintenance and storage.

(f) Elevated Track.

(1) An elevated track system which is located four feet or more above a safe surface, and traversed by carriage supported equipment, shall be provided with a walkway and guardrail system; or

(2) The working platform shall be capable of being lowered, as part of its normal operation, to the lower safe surface for access and egress of the personnel and shall be provided with a safe means of access and egress to the lower safe surface.

(g) Tie-down Anchors. Imbedded tie-down anchors, fasteners, and affected structures shall be corrosion resistant.

(h) Cable Stabilization.

(1) Hanging safety lines and all cables not in tension shall be stabilized at each 200 foot interval of vertical travel of the working platform beyond an initial 200 foot distance.

(2) Hanging cables, other than suspended wire ropes, which are in constant tension shall be stabilized when the vertical travel exceeds an initial 600 foot distance, and at further intervals of 600 feet or less.

(i) Emergency Planning. A written emergency action plan shall be developed and implemented for each kind of working platform operation in conjunction with the emergency procedures plan required of the building owner by Section 3292(d)(1). This plan shall explain the emergency procedures which are to be followed in the event of a power failure, equipment failure or other emergencies which may be encountered. The plan shall also explain that employees inform themselves about the building emergency escape routes, procedures and alarm systems before operating a platform. Upon initial assignment and whenever the plan is changed, the employer shall review with each employee those parts of the plan which the employee must know to protect himself or herself in the event of an emergency.

(j) Building Maintenance. Repairs or major maintenance of those building portions that provide primary support for the suspended equipment shall not affect the capability of the building to meet the requirements of this standard.

(k) Electrical Requirements. The following electrical requirements apply to buildings which utilize working platforms for building maintenance:

(1) General building electrical installations shall comply with the Electrical Safety Orders, unless otherwise specified in this article;

(2) Building electrical wiring shall be of such capacity that when full load is applied to the equipment power circuit, not more than a five percent drop from building service-vault voltage shall occur at any power circuit outlet used by equipment regulated by this article;

(3) The equipment power circuit shall be an independent electrical circuit that shall remain separate from all other equipment within or on the building, other than power circuits used for hand tools that will be used in conjunction with the equipment. If the building is provided with an emergency power system, the equipment power circuit may also be connected to this system;

(4) The power circuit shall be provided with a disconnect switch that can be locked in the “OFF” and “ON” positions. The switch shall be conveniently located with respect to the primary operating area of the equipment to allow the operators of the equipment access to the switch;

(5) The disconnect switch for the power circuit shall be locked in the “ON” position when the equipment is in use; and

(6) An effective two-way voice communication system shall be provided between the equipment operators and persons stationed within the building being serviced. The communications facility shall be operable and shall be manned at all times by persons stationed within the building whenever the platform is being used. (Title 24, Part 2, 2-8521)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code

HISTORY

1. Repealer and and new section filed 3-9-93; operative 4-8-93 (Register 93, No. 11). For prior history, see Register 85, No. 40.

2. Editorial correction of subsection (c)(6)(B) (Register 95, No. 24).

3. Amendment of subsection (i) and amendment of Note filed 4-27-2000; operative 5-27-2000 (Register 2000, No. 17).

§3295. Powered Platform Installations--Equipment.

Note • History

(a) General Requirements. The following requirements apply to equipment which are part of a powered platform installation, such as platforms, stabilizing components, carriages, outriggers, davits, hoisting machines, wire ropes and electrical components:

(1) Equipment installations shall be designed by or under the direction of a professional engineer currently registered in the State of California and experienced in such design;

(2) The design shall provide for a minimum live load of 250 pounds for each occupant of a suspended or supported platform;

(3) Equipment that is exposed to wind when not in service shall be designed to withstand forces generated by winds of at least 100 miles per hour at 30 feet above grade;

(4) Equipment that is exposed to wind when in service shall be designed to withstand forces generated by winds of at least 50 miles per hour for all elevations; and

(5) Equipment shall not be cascaded between structure levels using craning methods unless the procedures and equipment utilized have been previously approved by the Division.

(b) Construction Requirements. Bolted connections shall be self-locking or shall otherwise be secured to prevent loss of the connections by vibration.

(c) Suspension Methods. Elevated building maintenance equipment shall be suspended by a carriage, outriggers, davits or an equivalent method.

(1) Carriages. Carriages used for suspension of elevated building maintenance equipment shall comply with the following:

(A) The horizontal movement of a carriage shall be controlled so as to ensure its safe movement and allow accurate positioning of the platform for vertical travel or storage;

(B) Powered carriages shall not exceed a traversing speed of 50 feet per minute;

(C) The initiation of a traversing movement for a manually propelled carriage on a smooth level surface shall not require a person to exert a horizontal force greater than 40 pounds;

(D) Structural stops and/or curbs shall be provided to prevent the traversing of the carriage beyond its designed limits of travel;

(E) Traversing controls for a powered carriage shall be of continuous pressure weatherproof type. Multiple controls when provided shall be arranged to permit operation from only one control station at a time. An emergency stop device shall be provided on each end of a powered carriage for interrupting power to the carriage drive motors;

(F) The operating control(s) shall be so connected that in the case of suspended equipment, traversing of a carriage is not possible until the suspended portion of the equipment is located at its uppermost designed position for traversing; and is free of contact with the face of the building or building guides. In addition, all protective devices and interlocks are to be in the proper position to allow traversing of the carriage;

(G) Stability for underfoot supported carriages shall be obtained by gravity, by an attachment to a structural support, or by a combination of gravity and a structural support. The use of flowing counterweights, such as water or sand, to achieve stability is prohibited.

1. The stability factor against overturning shall not be less than two for horizontal traversing of the carriage, including the effects of impact and wind.

2. The carriages and their anchorages shall be capable of resisting accidental over-tensioning of the wire ropes suspending the working platform, and this calculated value shall include the effect of one and one-half times the stall capacity of the hoist motor. All parts of the installation shall be capable of withstanding without damage to any part of the installation the forces resulting from the stall load of the hoist and one half the wind load.

3. Roof carriages which rely on having tie-down devices secured to the building to develop the required stability against overturning shall be provided with an interlock which will prevent vertical platform movement unless the tie-down is engaged.

(H) An automatically applied braking or locking system, or equivalent, shall be provided that will prevent unintentional traversing of power traversed or power assisted carriages;

(I) A manual or automatic braking or locking system or equivalent, shall be provided that will prevent unintentional traversing of manually propelled carriages;

(J) A means to lock out the power supply for the carriage shall be provided;

(K) Safe access to and egress from the carriage shall be provided from a safe surface. If the carriage traverses an elevated area, any operating area on the carriage shall be protected by a guardrail system in compliance with the provisions of subsection (e)(1)(G) of this section. Any access gate shall be self-closing and self-latching, or provided with an interlock;

(L) Each carriage work station position shall be identified by location markings and/or position indicators; and

(M) The motors shall stall if the load on the hoist motors is at any time in excess of three times that necessary for lifting the working platform with its rated load.

(2) Portable Outriggers.

(A) Portable outriggers may be used as a method of suspension for ground rigged working platforms where the point of suspension does not exceed 130 feet above a safe surface unless acceptable to the Division.

(B) Platform stabilization system(s) shall be provided which meet the requirements of Section 3294(b).

(D) Each portable outrigger shall be secured with a tie-down to a verified anchorage on the building during the entire period of its use. The anchorage shall be designed to have a stability factor of not less than four against overturning or upsetting of the outrigger.

(E) Access to and egress from the working platform shall be from and to a safe surface below the point of suspension.

(F) The working platform shall be provided with wheels, casters or a carriage for traversing horizontally.

(G) Each portable outrigger shall be designed for lateral stability to prevent rollover in the event an accidental lateral load is applied to the outrigger. The accidental lateral load to be considered in this design shall be not less than 70 percent of the rated load of the hoist.

(H) Each portable outrigger shall be designed to support an ultimate load of not less than four times the rated load of the hoist.

(I) Each portable outrigger shall be so located that the suspension wire ropes for two point suspended working platforms are hung parallel.

(J) A portable outrigger shall be tied-down to a verified anchorage on the building with a rope equivalent in strength to the suspension rope.

(K) The tie-back rope shall be installed parallel to the centerline of the outrigger.

(L) Where applicable, the forces or weights referenced in Section 3295(c)(3)(D) and (D)1. and 2. shall apply to outriggers.

(3) Davits.

(A) Every davit installation, fixed or portable, rotatable or non-rotatable shall be designed and installed to ensure that it has a stability factor against failure or overturning of not less than four.

(B) The following requirements apply to roof rigged davit systems:

1. Access to and egress from the working platform shall be from a safe surface. Access or egress shall not require persons to climb over a building's parapet or guard railing; and

2. The working platform shall be provided with wheels, casters or a carriage for traversing horizontally.

1. The point of suspension shall not exceed 130 feet above a safe surface unless acceptable to the Division;

2. Platform stabilization system(s) shall be provided which meet the requirements of Section 3294(b); and

3. Access and egress to and from the working platform shall only be from a safe surface below the point of suspension.

(D) A rotating davit shall not require a horizontal force in excess of 40 pounds per person to initiate a rotating movement.

(E) A davit or part of a davit weighing more than 80 pounds shall be provided with a means for its transport, which shall keep the center of gravity of the davit at or below 36 inches above the safe surface during transport.

(F) Davits or davit components which weigh more than 140 pounds shall be provided with a mechanical means for hoisting them into position.

(G) Portable davits shall have a maximum reach of 8 feet, 6 inches (2600 mm) and a maximum fully assembled weight of 300 pounds (135 kg).

(H) Roof-rigged davits shall be provided with pivoting sockets or with bases that will allow the insertion or removal of a davit at a position of not more than 35 degrees above the horizontal, with the complete davit inboard of the building face being serviced.

(I) A means shall be provided to lock the davit to its socket or base before it is used to suspend the platform.

(J) Portable davit sockets, if used, shall be fitted with wheels to allow ready movement from pedestal to pedestal, shall not require lifting to mate with the pedestal and shall have a pedestal pin attachment connection or positive locking pin connection to the pedestal. Socket/pedestal connections requiring bolts or other threaded fasteners shall not be used.

(d) Hoisting Machines.

(1) Raising and lowering of suspended or supported equipment shall be performed only by a hoisting machine.

(2) Each hoisting machine shall be capable of arresting any overspeed descent of the load.

(3) Each hosting machine shall be powered only by air, electric or hydraulic sources.

(4) Flammable liquids shall not be carried on the working platform.

(5) Each hoisting machine shall be capable of raising or lowering 125 percent of the rated load of the hoist.

(6) Moving parts of a hoisting machine shall be enclosed or guarded in compliance with Section 4002 of the General Industry Safety Orders.

(7) Winding drums, traction drums, sheaves and directional sheaves used in conjunction with hoisting machines shall be compatible with, and sized for, the wire rope used.

(8) Each winding drum shall be provided with a positive means of attaching the wire rope to the drum. The attachment shall be capable of developing at least four times the rated load of the hoist.

(9) Each hoisting machine shall be provided with a primary brake and at least one independent secondary brake, each capable of stopping and holding not less than 125 percent of the lifting capacity of the hoist.

(A) The primary brake shall be directly connected to the drive train of the hoisting machine, and shall not be connected through belts, chains, clutches, or set screw type devices. The brake shall automatically set when power to the prime mover is interrupted.

(B) 1. The secondary brake shall be an automatic emergency type of brake that, if actuated during each stopping cycle, shall not engage before the hoist is stopped by the primary brake.

2. When a secondary brake is actuated, it shall stop and hold the platform within a vertical distance of 24 inches.

(10) Any component of a hoisting machine which requires lubrication for its protection and proper functioning shall be provided with a means for that lubrication to be applied.

(e) Suspended Equipment.

(1) General Requirements.

(A) Each suspended unit component, except suspension ropes and guardrail systems, shall be capable of supporting, without failure, at least four times the maximum intended live load applied or transmitted to that component.

(B) Each suspended unit component shall be constructed of materials that will withstand anticipated weather conditions.

(C) Each suspended unit shall be provided with a load rating plate, conspicuously located, stating the unit weight and rated load of the suspended unit.

(D) When the suspension points on a suspended unit are not at the unit ends, the unit shall be capable of remaining continuously stable under all conditions of use and position of the live load, and shall maintain at least a 1.5 to 1 stability factor against unit upset.

(E) Guide rollers, guide shoes or building face rollers shall be provided, and shall compensate for variations in building dimensions and for minor horizontal out-of-level variations of each suspended unit.

(F) Each working platform of a suspended unit shall be secured to the building facade by one or more of the following methods, or by an equivalent method:

1. Continuous engagement to building anchors as provided in Section 3294(b)(1);

2. Intermittent engagement to building anchors as provided in Section 3294(b)(3)(A);

3. Button guide engagement as provided in Section 3294(b)(3)(B) ; or

4. Angulated roping and building face rollers as provided in Section 3294(b)(3)(C).

(G) Each working platform of a suspended unit shall be provided with a guardrail system on all sides which shall meet the following requirements:

1. The system shall consist of a top guardrail, midrail, and a toeboard;

2. The system shall consist of a 42 inch high enclosure on the ends and outboard side. The inboard side shall be not less than 36 inches high;

3. The top guardrail and midrail shall be able to withstand at least a 100 pound force applied in any direction;

4. The areas between the guardrail and toeboard on the ends and outboard side, and the area between the midrail and toeboard on the inboard side, shall be closed with a material that is capable of withstanding a load of 100 pounds applied horizontally over any area of one square foot. The material shall have all openings small enough to reject passage of a one inch steel ball and potential falling objects which may be hazardous to persons below;

5. Toeboards shall be capable of withstanding, without failure, a force of at least 50 pounds applied in any downward or horizontal direction at any point along the toeboard;

6. Toeboards shall be three and one-half inches minimum in height from their top edge to the level of the platform floor;

7. Toeboards shall be securely fastened in place at the outermost edge of the platform and have no more than one-half inch clearance above the platform floor; and

8. Toeboards shall be solid or with an opening not over one inch in the greatest dimension.

(2) Two and Four-Point Suspended Working Platforms.

(A) The working platform shall be not less than 24 inches wide and shall be provided with a minimum of a 12 inch wide passage at or past any obstruction on the platform.

(B) The flooring shall be of slip-resistant type and shall contain no opening that would allow the passage of safety lines, cables and other potential falling objects. If a larger opening is provided, it shall be protected by placing a material under the opening which shall prevent the passage of a one inch steel ball and potential falling objects.

(C) The working platform shall be provided with a means of suspension that will restrict the platform's inboard to outboard roll about its longitudinal axis to a maximum of 15 degrees from a horizontal plane when moving the live load from the inboard to the outboard side of the platform.

(D) Any cable suspended from above the platform shall be provided with a means for storage to prevent accumulation of the cable on the floor of the platform.

(E) All operating controls for the vertical travel of the platform shall be of the continuous-pressure type, and shall be located on the platform.

(F) Each operating station of every working platform shall be provided with a means of interrupting the power supply to all hoist motors to stop any further powered ascent or descent of the platform.

(G) The maximum rated speed of the platform shall not exceed 50 feet per minute with single speed hoists, nor 75 feet per minute with multi-speed hoists.

(H) Provisions shall be made for securing all tools, water tanks, and other accessories to prevent their movement or accumulation on the floor of the platform.

(I) Portable fire extinguishers conforming to the provisions of Section 6151 shall be provided and securely attached on all working platforms.

(J) Access to and egress from a working platform, except for those that land directly on a safe surface, shall be provided by stairs, ladders, platforms and runways conforming to the provisions of Article 4 of the General Industry Safety Orders. Access gates shall be self-closing and self-latching.

(K) Means of access to or egress from a working platform which is 48 inches or more above a safe surface shall be provided with a guardrail system or ladder handrails that conform to the provisions of Article 2 of the General Industry Safety Orders.

(L) The platform shall be provided with a secondary wire rope suspension system if the platform contains overhead structures which restrict the emergency egress of employees. A horizontal safety line or a direct connection anchorage shall be provided, as part of a fall arrest system which meets the requirements of Appendix C, for each employee on such a platform.

(M) A vertical safety line shall be provided as part of a fall arrest system which meets the requirements of Appendix C, for each employee on a working platform suspended by two or more wire ropes, if the failure of one wire rope or suspension attachment will cause the platform to upset. If a secondary wire rope suspension is used, vertical safety lines are not required for the fall arrest system, provided that each employee is attached to a horizontal safety line anchored to the platform.

(N) An emergency electric operating device shall be provided on roof powered platforms near the hoisting machine for use in the event of failure of the normal operating device located on the working platform, or failure of the cable connected to the platform. The emergency electric operating device shall be mounted in a secured compartment, and the compartment shall be labeled with instructions for use. A means for opening the compartment shall be mounted in a break-glass receptacle located near the emergency electric operating device or in an equivalent secure and accessible location.

(3) Single Point Suspended Working Platforms.

(A) The requirements of Section 3295(e)(2)(A) through (K) shall also apply to a single point working platform.

(B) Each single point suspended working platform shall be provided with a secondary wire rope suspension system, which will prevent the working platform from falling should there be a failure of the primary means of support, or if the platform contains overhead structures which restrict the egress of the employee. A horizontal safety line or a direct connection anchorage shall be provided, as part of a fall arrest system which meets the requirements of Appendix C.

(4) Ground-Rigged Working Platforms.

(A) Ground-rigged working platforms shall comply with all the requirements of Section 3295(e)(2)(A) through (M).

(B) After each day's use, the power supply within the building shall be disconnected from a ground-rigged working platform, and the platform shall be either disengaged from its suspension points or secured and stored at grade.

(5) Intermittently Stabilized Platforms.

(A) The platform shall comply with Section 3295(e)(2)(A) through (M).

(B) Each stabilizer tie shall be equipped with a “quick connect-quick disconnect” device which cannot be accidentally disengaged, for attachment to the building anchor, and shall be resistant to adverse environmental conditions.

(C) The platform shall be provided with a stopping device that will interrupt the hoist power supply in the event the platform contacts a stabilizer tie during its ascent.

(D) Building face rollers shall not be placed at the anchor setting if exterior anchors are used on the building face.

(E) Stabilizer ties used on intermittently stabilized platforms shall allow for the specific attachment length needed to effect the predetermined angulation of the suspended wire rope. The specific attachment length shall be maintained at all building anchor locations.

(F) The platform shall be in continuous contact with the face of the building during ascent and descent.

(G) This attachment and removal of stabilizer ties shall not require the horizontal movement of the platform.

(H) The platform-mounted equipment and its suspension wire ropes shall not be physically damaged by the loads from the stabilizer tie or its building anchor. The platform, platform mounted equipment and wire ropes shall be able to withstand a load that is at least twice the ultimate strength of the stabilizer tie.

See Figure 2 in Appendix B of this article for a description of a typical intermittent stabilization system.

(6) Button-Guide Stabilized Platforms.

(A) The platform shall comply with Section 3295(e)(2)(A) through (M).

(B) Two guide tracks shall be mounted on the platform and shall provide continuous contact with the building face.

(C) Each guide track on the platform shall engage a minimum of two guide buttons during any vertical travel of the platform following the initial button engagement.

(D) Each guide track on a platform that is part of a roof rigged system shall be provided with a storage position on the platform.

(E) Each guide track on the platform shall be sufficiently maneuverable by platform occupants to permit easy engagement of the guide buttons, and easy movement into and out of its storage position on the platform.

(F) The load carrying components of the button guide stabilization system which transmit the load into the platform shall be capable of supporting the weight of the platform, or provision shall be made in the guide track connectors or platform attachments to prevent the weight of the platform from being transmitted to the platform attachments.

Note: See Figure 3 in Appendix B of this article for a description of a typical button guide stabilization system.

(f) Supported Equipment.

(1) Supported equipment shall maintain a vertical position in respect to the face of the building by means other than friction.

(2) Cog wheels or equivalent means shall be incorporated to provide climbing traction between the supported equipment and the building guides. Additional guide wheels or shoes shall be incorporated as may be necessary to ensure that the drive wheels are continuously held in positive engagement with the building guides.

(3) Launch guide mullions indexed to the building guides and retained in alignment with the building guides shall be used to align drive wheels entering the building guides.

(4) Occupied platforms used on supported equipment shall comply with the requirements of Section 3295(e)(2)(A), (e)(2)(B), and (e)(2)(D) through (K) covering suspended equipment.

(g) Suspension Wire Ropes and Rope Connections.

(1) Each specific installation shall use suspension wire ropes or combination cable and connections meeting the specification recommended by the manufacturer of the hoisting machine used. Connections shall be capable of developing at least 80 percent of the rated breaking strength of the wire rope.

(2) Each suspension rope shall have a “Design Factor” of at least 10. The “Design Factor” is the ratio of the rated strength of the suspension wire rope to the rated working load, and shall be calculated using the following formula:

Embedded Graphic 08.0372

Where:

F=Design factor

S=Manufacturer's rated strength of one suspension rope

N=Number of suspension ropes under load

W=Rated working load on all ropes at any point of travel

(3) Suspension wire rope grade shall be at least improved plow steel or equivalent.

(4) Suspension wire ropes shall be sized to conform with the required design factor, but shall not be less than 5/16 inch in diameter.

(5) No more than one reverse bend in six wire rope lays shall be permitted.

(6) A corrosion-resistant tag shall be securely attached to one of the wire rope fastenings when a suspension wire rope is to be used at a specific location and will remain in that location. This tag shall bear the following wire rope data:

A. The diameter (inches);

B. Construction classification;

C. Whether non-preformed or preformed;

D. The grade of material;

E. The manufacturer's rated strength;

F. The manufacturer's name;

G. The month and year the ropes were installed; and

H. The name of the person or company which installed the ropes.

(7) A new tag shall be installed at each rope renewal.

(8) The original tag shall be stamped with the date of the resocketing, or the original tag shall be retained and a supplemental tag shall be provided when ropes are resocketed. The supplemental tag shall show the date of resocketing and the name of the person or company that resocketed the rope.

(9) Winding drum type hoists shall contain at least three wraps of the suspension wire rope on the drum when the suspended unit has reached the lowest possible point of its vertical travel.

(10) Traction drum and sheave type hoists shall be provided with a wire rope of sufficient length to reach the lowest possible point of vertical travel of the suspended unit, and an additional length of the wire rope of at least four feet.

(11) The lengthening or repairing of suspension wire ropes is prohibited.

(12) Babbitted fastenings for suspension wire ropes are prohibited.

(h) Control Circuits, Power Circuits and Their Components.

(1) Electrical wiring and equipment shall comply with the Electrical Safety Orders, except as otherwise required by this section.

(2) Electrical runway conductor systems shall be of a type designed for use in exterior locations, and shall be located so that they do not come into contact with accumulated snow or water.

(3) Cables shall be protected against damage resulting from over-tensioning or from other causes.

(4) Devices shall be included in the control system for the equipment which will provide protection against electrical overloads, three phase reversal and phase failure. The control system shall have a separate method, independent of the direction control circuit, for breaking the power circuit in case of an emergency or malfunction.

(5) Suspended or supported equipment shall have a control system which will require the operator of the equipment to follow predetermined procedures.

(6) The following requirements shall apply to electrical protection devices:

(A) On installations where the carriage does not have a stability factor of at least four against overturning, electrical contact(s) shall be provided and so connected that the operating devices for the suspended or supported equipment shall be operative only when the carriage is located and mechanically retained at an established operating point.

(B) Overload protection shall be provided in the hoisting or suspension system to protect against the equipment operating in the “up” direction with a load in excess of 125 percent of the rated load of the platform; and

(C) An automatic detector shall be provided for each suspension point that will interrupt power to all hoisting motors for travel in the “down” direction, and apply the primary brakes if any suspension wire rope becomes slack. A continuous-pressure rigging-bypass switch designed for use during rigging is permitted. This switch shall only be used during rigging.

(7) Upper and lower directional switches designed to prevent the travel of suspended units beyond safe upward and downward levels shall be provided.

(8) Emergency stop switches shall be provided on remote controlled, roof-powered platforms adjacent to each control station on the platform.

(9) Cables which are in constant tension shall have overload devices which will prevent the tension in the cable from interfering with the load limiting device required in Section 3295(h)(6)(B) or with the platform roll limiting device required in Section 3295(e)(2)(C). The setting of these devices shall be coordinated with other overload settings at the time of design of the system, and shall be clearly indicated on or near the device. The device shall interrupt the equipment travel in the “down” direction. (Title 24, Part 2, 2-8522)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and and new section filed 3-9-93; operative 4-8-93 (Register 93, No. 11). For prior history, see Register 85, No. 40.

2. Change without regulatory effect amending subsection (c)(2)(A) filed 9-13-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 37).

3. Change without regulatory effect amending subsections (c)(2)(J) and (c)(2)(L) filed 10-23-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 43).

4. Amendment of subsections (c)(3)(A), (c)(3)(B)2., and (c)(3)(C)1.-2., redesignation and amendment of subsections (c)(3)(D)1.-5. as subsections (c)(3)(E)-(F) and (c)(3)(H)-(J), new subsection (c)(3)(G) and amendment of Note filed 3-27-2007; operative 4-26-2007 (Register 2007, No. 13).

5. Editorial correction of subsection (d)(6) (Register 2007, No. 32).

§3296. Inspection and Tests.

Note • History

(a) Installations and Alterations. All completed building maintenance equipment installations shall be inspected and tested in the field before being placed in initial service to determine that all parts of the installation conform to applicable requirements of this article, and that all safety and operating equipment is functioning as required. A similar inspection and test shall be made following any major alteration to an existing installation.

(1) No hoist in an installation shall be subjected to a load in excess of 125 percent of its rated load.

(2) The building owner shall keep a certification record of each inspection and test required under subsection (a) of this section. The certification record shall include the date of the inspection, the signature of the person who performed the inspection, and the number, or other identifier, of the building support structure and equipment which was inspected. This certification record shall be kept readily available for review by the Division and by the employer.

(b) Periodic Inspections and Tests.

(1) Each installation shall undergo a periodic inspection and test at least every 12 months by the equipment manufacturer, authorized representative, or other qualified person acceptable to the Division. All parts of the equipment, including related building support structures, shall be inspected, and where necessary, tested to determine that they are in safe operating condition.

(2) The building owner shall keep a certification record of each inspection and test required under subsection (b) of this section. The certification record shall include the date of the inspection, the signature of the person who performed the inspection, and the number, or other identifier, of the building support structure and equipment which was inspected. This certification record shall be kept readily available for review by the Division and by the employer.

(3) Building safety devices and equipment as described in Section 3282(p)(1)(A) shall be load tested if damage, corrosion or deterioration affecting the load bearing integrity of building safety devices and equipment is detected or suspected.

(A) The safety device or equipment shall be removed from service until repaired or replaced if testing indicates that the load sustaining integrity of a safety device or equipment has been compromised.

(B) A professional engineer experienced in the design of building safety devices and equipment shall inspect and evaluate such equipment when any of the following occur:

1. The design documents are not available;

2. The design is deficient; or

3. Inspections or tests determine that the safety devices or equipment are not safe for use.

(C) Damage to safety devices or equipment, or damage to the building structure from testing operations shall be reported to the building owner.

(D) If safety deficiencies affecting the load bearing integrity of devices or equipment have not been corrected within 60 days from the date the building owner was notified, the deficiencies shall be reported to the Division by the inspecting agency contracted to perform inspections and/or testing.

(4)(A) Load suspension devices shall not be tested to more than 2 times the rated working load which the device is designed to lift and/or support.

(B) Roof tie-backs shall be tested to no more than 50 percent of their rated capacity. For example, a roof tie-back with a rated capacity of 5000 pounds shall not be tested in excess of 2500 pounds.

(5) Test equipment shall be calibrated at least annually and calibration records shall be available to the Division.

(6) The load testing methodology and load testing procedures for a building's safety devices and equipment shall be prescribed, in writing, by a professional engineer and load tests shall be performed by qualified persons under the direction of the engineer.

(7) Working platforms and their components shall be inspected by the employer for visible defects before every use and after each occurrence which could affect the platform's structural integrity.

(1) A maintenance inspection and, where necessary a test shall be made of each platform installation prior to the start of a work cycle and where the work cycle is more than 30 days, such inspection and/or test shall be made at least every 30 days during the work cycle. This inspection and test shall follow procedures recommended by the manufacturer, and shall be made by a qualified person.

(2) The building owner shall keep a certification record of each inspection and test performed under subsection (c)(1) of this section. The certification record shall include the date of the inspection and test, the signature of the person who performed the inspection and/or test, and an identifier for the platform installation which was inspected. The certification record shall be kept readily available for review by the Division and by the employer.

(d) Special Inspection of Governors and Secondary Brakes.

(1) Governors and secondary brakes shall be inspected and tested at intervals specified by the manufacturer/supplier but not to exceed every 12 months.

(2) The results of the inspection and test shall confirm that the initiating device for the secondary braking system operates at the proper overspeed.

(3) The results of the inspection and test shall confirm that the secondary brake is functioning properly.

(4) If any hoisting machine or initiating device for the secondary brake system is removed from the equipment for testing, all reinstalled and directly related components shall be reinspected prior to returning the equipment installation to service.

(5) Inspection of governors and secondary brakes shall be performed by a qualified person.

(6) The secondary brake governor and actuation device shall be tested before each day's use. Where testing is not feasible, a visual inspection of the brake shall be made to ensure that it is free to operate.

(e) Suspension Wire Rope Maintenance, Inspection and Replacement.

(1) Suspension wire rope shall be maintained and used in accordance with procedures recommended by the wire rope manufacturer.

(2) Suspension wire rope shall be inspected by a qualified person for visible defects and gross damage to the rope before every use and after each occurrence which might affect the wire rope's integrity.

(3) A thorough inspection of suspension wire ropes in service shall be made once a month. Suspension wire ropes that have been inactive for 30 days or longer shall have a thorough inspection before they are placed into service. These thorough inspections of suspension wire ropes shall be performed by a qualified person.

(4) The need for replacement of a suspension wire rope shall be determined by inspection and shall be based on the condition of the wire rope. Any of the following conditions or combination of conditions will be cause for removal of the wire rope:

(A) Broken wires exceeding three wires in one strand or six wires in one rope lay;

(B) Distortion of rope structure such as would result from crushing or kinking;

(D) Evidence of rope deterioration from corrosion;

(E) A broken wire within 18 inches of the end attachments;

(F) Noticeable rusting and/or pitting;

(G) Evidence of core failure (a lengthening of rope lay, protrusion of the rope core and a reduction in rope diameter suggests core failure); or

(H) More than one valley break (broken wire);

(I) Outer wire wear exceeds one-third of the original outer wire diameter;

(J) Any other condition which the qualified person determines has significantly affected the integrity of the rope.

(5) The building owner shall keep a certification record of each monthly inspection of a suspension wire rope as required in subsection (e)(3) of this section. The record shall include the date of the inspection, the signature of the person who performed the inspection, and a number, or other identifier of the wire rope which was inspected. This record of inspection shall be made available for review by the Division and by the employer.

(f) Hoist Inspection. Before lowering personnel below the top elevation of the building, the hoist shall be tested each day in the lifting direction with the intended load to make certain it has sufficient capacity to raise the personnel back to the boarding level.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and and new section filed 3-9-93; operative 4-8-93 (Register 93, No. 11). For prior history, see Register 85, No. 40.

2. New subsections (a)(1)-(2), amendment of subsection (b)(2), new subsections (b)(3)-(b)(6), subsection renumbering and amendment of Note filed 3-27-2007; operative 4-26-2007 (Register 2007, No. 13).

§3297. Maintenance.

Note • History

(a) General Maintenance. All parts of the equipment affecting safe operation shall be maintained in proper working order so that they may perform the functions for which they were intended. The equipment shall be taken out of service when any part is not in proper working order.

(b) Cleaning.

(1) Control or power contractors and relays shall be kept clean.

(2) All other parts shall be kept clean if their proper functioning would be affected by the presence of dirt or other contaminants.

(1) Hoisting ropes utilizing poured socket fastenings shall be resocketed at the non-drum ends at intervals not exceeding 24 months. In resocketing the ropes, a sufficient length shall be cut from the end of the rope to remove damaged or fatigued portions.

(2) Resocketed ropes shall conform to the requirements of Section 3295(g).

(3) Limit switches affected by the resocketed ropes shall be reset, if necessary.

(d) Periodic Reshackling of Suspension Wire Ropes. The hoisting ropes shall be reshackled at the nondrum ends at intervals not exceeding 24 months. When reshackling the ropes, a sufficient length shall be cut from the end of the rope to remove damaged or fatigued portions.

(e) Roof Systems. Roof track systems, tie-downs, or similar equipment shall be maintained in proper working order so that they perform the function for which they were intended.

(f) Building Face Guiding Members. T-rails, indented mullions, or equivalent guides located in the face of a building shall be maintained in proper working order so that they perform the functions for which they were intended. Brackets for cable stabilizers shall similarly be maintained in proper working order.

(g) Inoperative Safety Devices. No person shall render a required safety device or electrical protective device inoperative, except as necessary for tests, inspections, and maintenance. Immediately upon completion of such tests, inspections and maintenance, the device shall be restored to its normal operating condition.

NOTE

Authority cited: Section 142.3, LaborCode. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and and new section filed 3-9-93; operative 4-8-93 (Register 93, No. 11). For prior history, see Register 83, No. 41.

§3298. Operations.

Note • History

(a) Training.

(1) Working platforms shall be operated only by qualified persons who are proficient in the operation, safe use and inspection of the particular working platform to be operated.

(2) All employees who operate working platforms shall be trained in the following:

(A) Recognition of, and preventive measures for, the safety hazards associated with their individual work tasks.

(B) General recognition and prevention of safety hazards associated with the use of working platforms, including the provisions in the article relating to the particular working platform to be operated.

(D) Work procedures required in subsection (a)(4) of this section.

(E) Personal fall arrest system inspection care, use and system performance.

(3) Training of employees in the operation and inspection of working platforms shall be done by a qualified person.

(4) Written work procedures for the operation, safe use and inspection of working platforms shall be provided for employee training. Pictorial methods of instruction, may be used, in lieu of written work procedures, if employee communication is improved using this method. The operating manuals supplied by manufacturers for platform system components can serve as the basis for these procedures.

(5) The employer shall certify that employees have been trained in operating and inspecting a working platform by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training and the date that training was completed. The certification record shall be prepared at the completion of the training required in subsection (a)(2) of this section, and shall be maintained in a file for the duration of the employee's employment. The certification record shall be kept readily available for review by the Division.

(b) Use.

(1) Working platforms shall not be loaded in excess of the rated load, as stated on the platform load rating plate.

(2) Employees shall be prohibited from working on snow, ice, or other slippery material covering platforms, except for the removal of such materials.

(3) Adequate precautions shall be taken to protect the platform, wire ropes and safety lines from damage due to acids or other corrosive substances, in accordance with the recommendations of the corrosive substance producer, supplier, platform manufacturer or other equivalent information sources. Platform members which have been exposed to acids or other corrosive substances shall be washed down with a neutralizing solution, at a frequency recommended by the corrosive substance producer or supplier.

(4) Platform members, supporting members constructed of aluminum, wire ropes and safety lines shall be protected when using a heat producing process. Wire ropes and safety lines which have been contacted by the heat producing process shall be considered to be permanently damaged and shall not be used.

(5) The platform shall not be operated in winds in excess of 25 miles per hour except to move it from an operating to a storage position. Wind speed shall be determined based on the best available information, which includes on-site anemometer readings and local weather forecasts which predict wind velocities for the area.

(6) On exterior installations, an anemometer shall be mounted on the platform to provide information of onsite wind velocities prior to and during the use of the platform. The anemometer may be a portable (hand held) unit which is temporarily mounted during platform use.

(7) Tools, materials and debris not related to the work in progress shall not be allowed to accumulate on platforms. Stabilizer ties shall be located so as to allow unencumbered passage along the full length of the platform and shall be of such length so as not to become entangled in rollers, hoists or other machinery.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and and new section filed 3-9-93; operative 4-8-93 (Register 93, No. 11). For prior history, see Register 85, No. 40.

§3299. Personal Fall Protection.

Note • History

Employees on working platforms shall be protected by a personal fall arrest system meeting the requirements of Appendix C, Section I of this article, and as otherwise provided by these orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section and Appendices A-E filed 3-9-93; operative 4-8-93 (Register 93, No. 11).

2. Change without regulatory effect amending Appendices A and D filed 9-13-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 37).

3. Change without regulatory effect amending first paragraph of Appendix D filed 9-11-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 37).

4. Amendment of appendix C filed 3-31-2000; operative 4-30-2000 (Register 2000, No. 13).

5. Change without regulatory effect providing more legible figures 1, 2 and 3 within appendix B with no change therein filed 6-22-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 25).

6. Change without regulatory effect providing more legible figures 1-3 within appendix B filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix A to Article 6

1. Use of the Appendix. Appendix A provides examples of equipment and methods to assist the employer in meeting the requirements of the indicated provision of the standard. Employers may use other equipment or procedures which conform to the requirements of the standard. This appendix neither adds to nor detracts from the mandatory requirements set forth in Article 6.

2. Assurance. Section 3292(c) requires the building owner to inform the employer in writing that the powered platform installation complies with certain requirements of the article, since the employer may not have the necessary information to make these determinations. The employer, however, remains responsible for meeting these requirements which have not been set off in Section 3292(c)(1).

3. Design Requirements. The design requirements for each installation should be based on the limitations (stresses, deflections, etc.), established by nationally recognized standards as promulgated by the following organizations, or to equivalent standards:

AA-The Aluminum Association

818 Connecticut Avenue, N.W.

Washington, DC 20006

Aluminum Construction Manual

Specifications For Aluminum Structures

Aluminum Standards and Data

AGMA-American Gear Manufacturers Association

101 North Fort Meyer Dr., Suite 1000

Arlington, VA 22209

AISC-American Institute of Steel Construction

400 North Michigan Avenue

Chicago, IL 60611

ANSI-American National Standards Institute, Inc.

11 West 42nd Street

New York City, NY 10036

ASCE-American Society of Civil Engineers

345 East 47th Street

New York, NY 10017

ASME-American Society of Mechanical Engineers

345 East 47th Street

New York, NY 10017

ASTM-American Society for Testing and Materials

1916 Race Street

Philadelphia, PA 19103

AWS-American Welding Society, Inc.

Box 351040, 550 NW LeJeunne Road

Miami, FL 33126

JIC-Joint Industrial Council

2139 Wisconsin Avenue, NW

Washington, DC 20007

NEMA-National Electric Manufacturers Association

2101 L Street, NW

Washington, DC 20037

4. Tie-in Guides. Indented mullions, T-rails or other equivalent guides are acceptable as tie-in guides in a building face for a continuous stabilization system. Internal guides are embedded in other building members with only the opening exposed (see Figure 1 of Appendix B). External guides, however, are installed external to the other building members and so are fully exposed. The minimum opening for tie-in guides is three-quarters of an inch, and the minimum inside dimensions are one-inch deep and two inches wide.

Employers should be aware of the hazards associated with tie-in guides in a continuous stabilization system which was not designed properly. For example, joints in these track systems may become extended or discontinuous due to installation, building settlement or flexing. If this problem is not corrected, the system could lam when a guide roller shoe strikes a joint or distorted area and this would cause a hazardous situation. In another instance, faulty design will result in guide rollers being mounted in a line so they will jam in the track at the slightest misalignment.

5. Building Anchors (Intermittent Stabilization System). In the selection of the vertical distance between building anchors, certain factors should be given consideration. These factors include building height and architectural design, platform length and weight, wire rope angulation, and the wind velocities in the building area. Another factor to consider is the material of the building face, since this material may be adversely affected by the building rollers.

External or indented type building anchors are acceptable. Receptacles in the building facade used for the indented type should be kept clear of extraneous materials which will hinder their use. During the inspection or use of the platform system, evidence of a failure or abuse of the anchors should be brought to the attention of the employer.

6. Stabilizer Tie Length. A stabilizer tie should be long enough to provide for the planned angulation of the suspension cables. However, the length of the tie should not be excessive and become a problem by possibly becoming entangled in the building face rollers or parts of the platform machinery.

The attachment length may vary due to material elongation and this should be considered when selecting the material to be used. Consideration should also be given to the use of ties which are easily installed by employees, since this will encourage their use.

7. Intermittent Stabilization System. Intermittent stabilization systems may use different equipment, tie-in devices and methods to restrict the horizontal movement of a powered platform with respect to the face of the building. One acceptable method employs corrosion-resistant building anchors secured in the face of the building in vertical rows every third floor or 50 feet, whichever is less. The anchors are spaced horizontally to allow a stabilization attachment (stabilizer tie) for each of the two platform suspension wire ropes. The stabilizer tie consists of two parts. One part is a quick connect-quick disconnect device which utilizes a corrosion-resistant yoke and retainer spring that is designed to fit over the building anchors. The second part of the stabilizer tie is a lanyard which is used to maintain a fixed distance between the suspension wire rope and the face of the building.

In this method, as the suspended powered platform descends past the elevation of each anchor, the descent is halted and each of the platform occupants secures a stabilizer tie between a suspension wire rope and a building anchor. The procedure is repeated as each elevation of a building anchor is reached during the descent of the powered platform.

As the platform ascends, the procedure is reversed; that is, the stabilizer ties are removed as each elevation of a building anchor is reached. The removal of each stabilizer tie is assured since the platform is provided with stopping devices which will interrupt power to its hoist(s) in the event either stopping device contacts a stabilizer during the ascent of the platform.

Figure 2 of Appendix B illustrates another type of acceptable intermittent stabilization system which utilizes retaining pins as the quick connect-quick disconnect device in the stabilizer tie. Intermittent stabilization anchors shall both be located outboard, in line with, or inboard of suspension ropes. A combination of locations at the same level shall not be allowed.

8. Wire Rope Inspection. The inspection of the suspension wire rope is important since the rope gradually loses strength during its useful life. The purpose of the inspection is to determine whether the wire rope has sufficient integrity to support a platform with the required design factor.

If there is any doubt concerning the condition of a wire rope or its ability to perform the required work, the rope should be replaced. The cost of wire rope replacement is quite small if compared to the cost in terms of human injuries, equipment down time and replacement.

No listing of critical inspection factors, which serve as a basis for wire rope replacement in the standard, can be a substitute for an experienced inspector of wire rope. The listing serves as a user's guide to the accepted standards by which ropes must be judged.

Rope life can be prolonged if preventive maintenance is performed regularly. Cutting off an appropriate length of rope at the end termination before the core degrades and valley breaks appear minimizes degradation at these sections.

9. General Maintenance. In meeting the general maintenance requirement in Section 3297, the employer should undertake the prompt replacement of broken, worn and damaged parts, switch contacts, brushes, and short flexible conductors of electrical devices. The components of the electrical service system and traveling cables should be replaced when damaged or significantly abraded. In addition, gears, shafts, bearings, brakes and hoisting drums should be kept in proper alignment. For a stabilization system to be effective, the building face rollers cannot be dirty or greasy and shall be kept clean.

10. Training. In meeting the training requirement of Section 3298, employers should use both on the job training and formal classroom training. The written work procedures used for this training should be obtained from the manufacturer, if possible, or prepared as necessary for the employee's information and use.

Employees who will operate powered platforms with intermittent stabilization systems should receive instruction in the specific ascent and descent procedures involving the assembly and disassembly of the stabilizer ties.

An acceptable training program should also include employee instruction in basic inspection procedures for the purpose of determining the need for repair and replacement of platform equipment. In addition, the program should cover the inspection, care and use of the personal fall protection equipment required in Section 3299.

In addition, the training program should also include an emergency action plan as specified in Section 3220 of the General Industry Safety Orders.

Following the completion of a training program, the employee should be required to demonstrate competency in operating the equipment safely. Supplemental training of the employee should be provided by the employer, as necessary, if the equipment used or other working conditions should change.

An employee who is required to work with chemical products on a platform should receive training in proper cleaning procedures, and in the hazards, care and handling of these products. In addition, the employee should be supplied with the appropriate personal protective equipment, such as gloves and eye and face protection.

11. Suspension and Securing of Powered Platforms (Equivalency). One acceptable method of demonstrating the equivalency of a method of suspending or securing a powered platform, as required in Sections 3294(b)(3), 3295(c) and (e)(1)(F), is to provide an engineering analysis by a professional engineer currently registered in the State of California. The analysis should demonstrate that the proposed method will provide an equal or greater degree of safety for employees than any one of the methods specified in the standard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

Appendix B to Article 6

Exhibits (Advisory).

The three drawings in Appendix B illustrate typical platform stabilization systems which are addressed in the standard. The drawings are to be used for reference purposes only, and do not illustrate all the mandatory requirements for each system.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

Figure 1. Typical Self-Powered Platform--Continuous External or

Indented Mullion Guide System

Embedded Graphic 08.0373

Figure 2. Typical Self-Powered Platform--

Intermittent Tie-In System

Embedded Graphic 08.0374

Figure 3. Typical Self-Powered Platform--

Button Guide System

Embedded Graphic 08.0375

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

Appendix C to Article 6

Personal Fall Arrest System

(Sections I and II-Mandatory);

(Section III-Non-Mandatory).

Use of the Appendix

Section I of Appendix C sets out the criteria for personal fall arrest systems used by all employees using powered platforms, as required by Section 3299. Section II sets out test procedures which shall be used to determine compliance with applicable requirements contained in Section I of this Appendix. Section III provides non-mandatory guidelines which are intended to assist employers in complying with these provisions.

I. Personal Fall Arrest Systems.

(a) Scope and Application. This section establishes the application of, and performance criteria for, personal fall arrest systems which are required for use by all employees using powered platforms under Article 6.

(b) Definitions. Definitions that apply to terms used in Appendix C are located in Article 1, Section 3207 and Article 5, Section 3281.

(1) Connectors shall be drop forged, pressed or formed steel, or made of equivalent materials.

(2) Connectors shall have a corrosion-resistant finish, and all surfaces and edges shall be smooth to prevent damage to interfacing parts of the system.

(3) Lanyards and vertical safety lines which tie-off one employee shall have a minimum breaking strength of 5,000 pounds. All ends shall be spliced or swaged as per the manufacturer's specifications. Knots shall not be permitted at ends or anywhere along the length of the lanyard or “safety line”.

(4) Self-retracting safety lines and lanyards which automatically limit free fall distance to two feet or less shall have components capable of sustaining a minimum static tensile load of 3,000 pounds applied to the device with the safety line or lanyard in the fully extended position.

(5) Self-retracting safety lines and lanyards which do not limit free fall distance to two feet or less, ripstitch lanyards, and tearing and deforming lanyards shall be capable of sustaining a minimum tensile load of 5,000 pounds applied to the device with the safety line or lanyard in the fully extended position.

(6) Dee-rings and snap-hooks shall be capable of sustaining a minimum tensile load of 5,000 pounds.

(7) Dee-rings and snap-hooks shall be 100 percent proof-tested to a minimum tensile load of 3,600 pounds without cracking, breaking, or taking permanent deformation.

(8) Snap-hooks shall be sized to be compatible with the member to which they are connected. Only double-acting snap-hooks designed to prevent accidental disengagement shall be used.

(9) Horizontal safety lines, where used, shall be designed under the supervision of a professional engineer currently registered in the State of California and installed as part of a complete personal fall arrest system, which maintains a safety factor of at least two.

(10) Anchorages to which personal fall arrest equipment is attached shall be capable of supporting at least 5000 pounds per employee attached, or shall be designed under the supervision of a professional engineer currently registered in the State of California and installed and used as part of a complete personal fall arrest system which maintains a safety factor of at least two.

(11) Ropes and straps (webbing) used in lanyards, safety lines, and strength components of body harnesses, shall be made from synthetic fibers or wire rope.

(12) All body harnesses and lanyards manufactured on or before January 1, 1998, shall be designed and built to conform to ANSI A10.14-1975, Requirements for Safety Belts, Harnesses, Lanyards, Lifelines and Drop Lines for Construction and Industrial Use, which is hereby incorporated by reference.

(13) All personal fall arrest, personal fall restraint and positioning device systems manufactured after January 1, 1998, shall be designed and built to conform to either ANSI A10.14-1991 American National Standard for Construction and Demolition Use, or ANSI Z359.1-1992 American National Standard Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components, which are hereby incorporated by reference.

(d) System Performance Criteria.

(1) Personal fall arrest systems shall, when stopping a fall:

(A) Limit maximum arresting force on an employee to 1,800 pounds when used with a body harness;

(B) Bring an employee to a complete stop and limit maximum deceleration distance an employee travels to 3.5 feet; and

(C) Have sufficient strength to withstand twice the potential impact energy of an employee free falling a distance of six feet, or the free fall distance permitted by the system, whichever is less.

(2)(A) When used by employees having a combined person and tool weight of less than 310 pounds, personal fall arrest systems which meet the criteria and protocols contained in paragraphs (b), (c) and (d) in Section II of this Appendix shall be considered as complying with the provisions of subparagraphs (d)(1)(A) through (d)(1)(C) above.

(B) When used by employees having a combined tool and body weight of 310 pounds or more, personal fall arrest systems which meet the criteria and protocols contained in paragraphs (b), (c) and (d) in Section II may be considered as complying with the provisions of subparagraphs (d)(l)(A) through (d)(1)(C), provided that the criteria and protocols are modified appropriately to provide proper protection for such heavier weights.

(e) Care and Use.

(1) Body belts shall not be used as part of a personal fall arrest system.

(2) Devices used to connect to a horizontal safety line which may become a vertical safety line shall be capable of locking in either direction on the safety line.

(3) Personal fall arrest systems shall be rigged such that an employee can neither free fall more than six feet, nor contact any lower level obstacle.

(4) The attachment point of the body belt shall be located in the center of the wearer's back. The attachment point of the body harness shall be located in the center of the wearer's back near shoulder level or above the wearer's head.

(5) When vertical safety lines are used, each employee shall be provided with a separate safety line.

(6) Personal fall arrest systems or components shall be used only for employee fall protection.

(7) Personal fall arrest systems or components subjected to impact loading shall be immediately removed from service and shall not be used again for employee protection until repaired or replaced. Repaired or replaced components or component parts shall meet the performance and testing requirements of this appendix.

(8) The employer shall provide for prompt rescue of employees in the event of a fall or shall assure the self-rescue capability of employees.

(9) Before using a personal fall arrest system, and after any component or system is changed, employees shall be trained in accordance with the requirements of Secton 3298 in the safe use of the system.

(f) Inspections.

(1) Personal fall arrest systems shall be inspected prior to each use for mildew, wear, damage and other deterioration, and defective components shall be removed from service if their strength or function may be adversely affected.

(2) Each personal fall arrest system shall be inspected not less than twice annually by a competent person in accordance with the manufacturer's recommendations. The date of each inspection shall be documented.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

II. Test Methods for Personal Fall Arrest Systems.

(a) General. Paragraphs (b), (c), (d) and (e) of this Section II set forth test procedures which shall be used to determine compliance with requirements in subparagraphs (d)(1)(A) through (d)(1)(C) of Section I of this Appendix.

(b) General conditions for all tests in Section II.

(1) Safety lines, lanyards and deceleration devices shall be attached to an anchorage and connected to the body harness in the same manner as they would be when used to protect employees.

(2) The anchorage shall be rigid, and shall not have a deflection greater than .04 inches when a force of 2,250 pounds is applied.

(3) The frequency response of the load measuring instrumentation shall be 120 Hz.

(4) The test weight used in the strength and force tests shall be a rigid, metal, cylindrical or torso-shaped object with a girth of 38 inches plus or minus four inches.

(5) The lanyard or safety line used to create the free fall distance shall be supplied with the system, or in its absence, the least elastic lanyard or safety line available to be used with the system.

(6) The test weight for each test shall be hoisted to the required level and shall be quickly released without having any appreciable motion imparted to it.

(7) The system's performance shall be evaluated taking into account the range of environmental conditions for which it is designed to be used.

(8) Following the test, the system need not be capable of further operation.

(1) During the testing of all systems, a test weight of 300 pounds plus or minus five pounds shall be used. (See subparagraph (b)(4), above.)

(2) The test consists of dropping the test weight once. A new unused system shall be used for each test.

(3) For lanyard systems, the lanyard length shall be six feet plus or minus two inches as measured from the fixed anchorage to the attachment on the body harness.

(4) For rope-grab-type deceleration systems, the length of the safety line above the centerline of the grabbing mechanism to the safety line's anchorage point shall not exceed two feet.

(5) For lanyard systems, for systems with deceleration devices which do not automatically limit free fall distance to two feet or less, and for systems with deceleration devices which have a connection distance in excess of one foot (measured between the centerline of the safety line and the attachment point to the body belt or harness) the test weight shall be rigged to free fall a distance of 7.5 feet from a point that is 1.5 feet above the anchorage point, to its hanging location (six feet below the anchorage). The test weight shall fall without interference, obstruction, or hitting the floor or ground during the test. In some cases, a non-elastic wire lanyard of sufficient length may need to be added to the system (for test purposes) to create the necessary free fall distance.

(6) For deceleration device systems with integral safety lines or lanyards which automatically limit free fall distance to two feet or less, the test weight shall be rigged to free fall a distance of four feet.

(7) Any weight which detaches from the belt or harness shall constitute failure for the strength test.

(d) Force Test.

(1) General. The test consists of dropping the respective test weight specified in subsection (d)(2)(A) or (d)(3)(A) once. A new, unused system shall be used for each test.

(2) For lanyard systems.

(A) A test weight of 220 pounds plus or minus three pounds shall be used. (See subparagraph (b)(4), above.)

(B) Lanyard length shall be six feet plus or minus two inches as measured from the fixed anchorage to the attachment on the body harness.

(C) The test weight shall fall free from the anchorage level to its hanging location (a total of six feet free fall distance) without interference, obstruction, or hitting the floor or ground during the test.

(3) For all other systems.

(A) A test weight of 220 pounds plus or minus three pounds shall be used. (See subparagraph (b)(4), above.)

(B) The free fall distance to be used in the test shall be the maximum fall distance physically permitted by the system during normal use conditions, up to a maximum free fall distance for the test weight of six feet, except as follows:

1. For deceleration systems which have a connection link or lanyard, the test weight shall free fall a distance equal to the connection distance (measured between the centerline of the safety line and the attachment point to the body harness).

2. For deceleration device systems with integral safety lines or lanyards which automatically limit free fall distance to two feet or less, the test weight shall free fall a distance equal to that permitted by the system in normal use. (For example, to test a system with a self-retracting safety line or lanyard, the test weight shall be supported and the system allowed to retract the safety line or lanyard as it would in normal use. The test weight would then be released and the force and deceleration distance measured).

(4) A system fails the force test if the recorded maximum arresting force exceeds 2,520 pounds when using a body harness.

(5) The maximum elongation and deceleration distance shall be recorded during the force test.

(e) Deceleration Device Tests.

(1) General. The device shall be evaluated or tested under the environmental conditions, (such as rain, ice, grease, dirt, type of safety line, etc.), for which the device is designed.

(2) Rope-grab-type deceleration devices.

(A) Devices shall be moved on a safety line 1,000 times over the same length of line a distance of not less than one foot, and the mechanism shall lock each time.

(B) Unless the device is permanently marked to indicate the type(s) of safety line which must be used, several types (different diameters and different materials) of safety lines shall be used to test the device.

(3) Other self-activating-type deceleration devices. The locking mechanisms of other self-activating-type deceleration devices designed for more than one arrest shall lock each of 1,000 times as they would in normal service.

NOTE

Authority cited: Section 142.3. Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c). Health and Safety Code.

III. Non-Mandatory Guidelines for Personal Fall Arrest Systems. The following information constitutes additional guidelines for use in complying with requirements for a personal fall arrest system.

(a) Selection and Use Considerations. The kind of personal fall arrest system selected should match the particular work situation, and any possible free fall distance should be kept to a minimum. Consideration should be given to the particular work environment. For example, the presence of acids, dirt, moisture, oil, grease, etc., and their effect on the system should be evaluated. Hot or cold environments may also have an adverse affect on the system. Wire rope should not be used where an electrical hazard is anticipated. As required by the standard, the employer must plan to have means available to promptly rescue an employee should a fall occur, since the suspended employee may not be able to reach a work level independently.

Where lanyards, connectors, and safety lines are subject to damage by work operations such as welding, chemical cleaning, and sandblasting, the component should be protected or other securing systems should be used. The employer should fully evaluate the work conditions and environment (including seasonal weather changes) before selecting the appropriate personal fall protection system. Once in use, the system's effectiveness should be monitored. In some cases, a program for cleaning and maintenance of the system may be necessary.

(b) Testing Considerations. Before purchasing or putting into use a personal fall arrest system, an employer should obtain from the supplier information about the system based on its performance during testing so that the employer can know if the system meets this standard. Testing should be done using recognized test methods.

Section II of this Appendix C contains test methods recognized for evaluating the performance of fall arrest systems. Not all systems may need to be individually tested; the performance of some systems may be based on data and calculations derived from testing of similar systems, provided that enough information is available to demonstrate similarity of function and design.

(c) Component Compatibility Considerations. Ideally, a personal fall arrest system is designed, tested, and supplied as a complete system. However, it is common practice for lanyards, connectors, safety lines, deceleration devices, and body harnesses to be interchanged since some components wear out before others. The employer and employee should realize that not all components are interchangeable. For instance, a lanyard should not be connected between a body harness and a deceleration device of the self-retracting type since this can result in additional free fall for which the system was not designed. Any substitution or change to a personal fall arrest system should be fully evaluated or tested by a qualified person to determine that it meets the standard, before the modified system is put in use.

(d) Employee Training Considerations.

Thorough employee training in the selection and use of personal fall arrest systems is imperative. As stated in the standard, before the equipment is used, employees must be trained in the safe use of the system. This should include the following: Application limits; proper anchoring and tie-off techniques; estimation of free fall distance, including determination of deceleration distance, and total fall distance to prevent striking a lower level; methods of use; and inspection and storage of the system. Careless or improper use of the equipment can result in serious injury or death. Employers and employees should become familiar with the material in this appendix, as well as manufacturer's recommendations, before a system is used. Of uppermost importance is the reduction in strength caused by certain tie-offs (such as using knots, tying around sharp edges, etc.) and maximum permitted free fall distance. Also, to be stressed are the importance of inspections prior to use, the limitations of the equipment, and unique conditions at the worksite which may be important in determining the type of system to use.

(e) Instruction Considerations. Employers should obtain comprehensive instructions from the supplier as to the system's proper use and application, including, where applicable:

(1) The force measured during the sample force test;

(2) The maximum elongation measured for lanyards during the force test;

(3) The deceleration distance measured for deceleration devices during the force test;

(4) Caution statements on critical use limitations;

(5) Application limits;

(6) Proper hook-up, anchoring and tie-off techniques, including the proper dee-ring or other attachment point to use on the body harness for fall arrest;

(7) Proper climbing techniques;

(8) Methods of inspection, use, cleaning, and storage; and

(9) Specific safety lines which may be used.

This information should be provided to employees during training.

(f) Inspection Considerations. As stated in the standard (Section I, paragraph (f)), personal fall arrest systems must be regularly inspected. Any component with any significant defect, such as cuts, tears, abrasions, mold, or undue stretching; alterations or additions which might affect its efficiency; damage due to deterioration; contact with fire, acids, or other corrosives; distorted hooks or faulty hook springs; tongues unfitted to the shoulder of buckles; loose or damaged mountings; non-functioning parts; or wearing or internal deterioration in the ropes must be withdrawn from service immediately, and should be tagged or marked as unusable, or destroyed.

(g) Rescue Considerations. As required by the standard (Section I, subparagraph (e)(8)), when personal fall arrest systems are used, the employer must assure that employees can be promptly rescued or can rescue themselves should a fall occur. The availability of rescue personnel, ladders or other rescue equipment should be evaluated. In some situations, equipment which allows employees to rescue themselves after the fall has been arrested may be desirable, such as devices which have descent capability.

(h) Tie-off Considerations.

(1) One of the most important aspects of personal fall protection systems is fully planning the system before it is put into use. Probably the most overlooked component is planning for suitable anchorage points. Such planning should ideally be done before the structure or building is constructed so that anchorage points can be incorporated during construction for use later for window cleaning or other building maintenance. If properly planned, these anchorage points may be used during construction, as well as afterwards.

(2) Employers and employees should at all times be aware that the strength of a personal fall arrest system is based on its being attached to an anchoring system which does not significantly reduce the strength of the system (such as properly dimensioned eye- bolt/snap-hook anchorage). Therefore, if a means of attachment is used that will reduce the strength of the system, that component should be replaced by a stronger one, but one that will also maintain the appropriate maximum arrest force characteristics.

(3) Tie-off using a knot in a rope lanyard or safety line (at any location) can reduce the safety line or lanyard strength by 50 percent or more. Therefore, a stronger lanyard or safety line should be used to compensate for the weakening effect of the knot, or the lanyard length should be reduced (or the tie-off location raised) to minimize free fall distance, or the lanyard or safety line should be replaced by one which has an appropriately incorporated connector to eliminate the need for a knot.

(4) Tie-off a rope lanyard or safety line around an “H” or “I” beam or similar support can reduce its strength as much as 70 percent due to the cutting action of the beam edges. Therefore, use should be made of a webbing lanyard or wire core safety lines around the beam; or the lanyard or safety line should be protected from the edge; or free fall distance should be greatly minimized.

(5) Tie-off where the line passes over or around rough or sharp surfaces reduces strength drastically. Such a tie-off should be avoided or an alternative tie-off rigging should be used. Such alternatives may include use of a snaphook/dee ring connection, wire rope tie-off, an effective padding of the surfaces, or an abrasion-resistance strap around or over the problem surface.

(6) Horizontal safety lines may, depending on their geometry and angle of sag, be subjected to greater loads than the impact load imposed by an attached component. When the angle of horizontal safety line sag is less than 30 degrees, the impact force imparted to the safety line by an attached lanyard is greatly amplified. For example, with a sag angle of 15 degrees, the force amplification is about 2:1 and at 5 degrees sag, it is about 6:1.

Depending on the angle of sag, and the line's elasticity, the strength of the horizontal safety line and the anchorages to which it is attached should be increased a number of times over that of the lanyard. Extreme care should be taken in considering a horizontal safety line for multiple tie-offs. The reason for this is that in multiple tie-offs to a horizontal safety line, if one employee falls, the movement of the falling employee and the horizontal safety line during arrest of the fall may cause other employees to also fall. Horizontal safety line and anchorage strength should be increased for each additional employee to be tied-off. For these and other reasons, the design of systems using horizontal safety lines must only be done by qualified persons. Testing of installed safety lines and anchors prior to use is recommended.

(7) The strength of an eve-bolt is rated along the axis of the bolt and its strength is greatly reduced if the force is applied at an angle to this axis (in the direction of shear). Also, care should be exercised in selecting the proper diameter of the eye to avoid accidental disengagement of snap-hooks not designed to be compatible for the connection.

(8) Due to the significant reduction in the strength of the safety line/lanyard (in some cases, as much as a 70 percent reduction), the sliding hitch knot should not be used for safety line/lanyard connections except in emergency situations where no other available system is practical. The “one-and-one” sliding hitch knot should never be used because it is unreliable in stopping a fall. The “two-and-two” or “three-and-three” knot (preferable), may be used in emergency situations; however, care should be taken to limit free fall distance to a minimum because of reduced safety line/lanyard strength.

(i) Vertical Safety Line Considerations. As required by the standard, each employee must have a separate safety line when the safety line is vertical. The reason for this is that in multiple tie-offs to a single safety line, if one employee falls, the movement of the safety line during the arrest of the fall may pull other employees' lanyards, causing them to fall as well.

(j) Free Fall Considerations. The employer and employee should at all times be aware that a system's maximum arresting force is evaluated under normal use conditions established by the manufacturer, and in no case using a free fall distance in excess of six feet. A few extra feet of free fall can significantly increase the arresting force on the employee, possibly to the point of causing injury. Because of this, the free fall distance should be kept at a minimum, and, as required by the standard, in no case greater than six feet. To help assure this, the tie-off attachment point to the safety line or anchor should be located at or above the connection point of the fall arrest equipment to the body harness. (Since otherwise additional free fall distance is added to the length of the connecting means (i.e. lanyard)). Attaching to the working surface will often result in a free fall greater than six feet. For instance, if a six foot lanyard is used, the total free fall distance will be the distance from the working level to the body harness attachment point plus the six feet of lanyard length. Another important consideration is that the arresting force which the fall system must withstand also goes up with greater distance of free fall, possibly exceeding the strength of the system.

(k) Elongation and Deceleration Distance Considerations. Other factors involved in a proper tie-off are elongation and deceleration distance. During the arresting of a fall, a lanyard will experience a length of stretching or elongation, whereas activation of a deceleration device will result in a certain stopping distance. These distances should be available with the lanyard or device's instructions and must be added to the free fall distance to arrive at the total fall distance before an employee is fully stopped. The additional stopping distance may be very significant if the lanyard or deceleration device is attached near or at the end of a long safety line, which may itself add considerable distance due to its own elongation. As required by the standard, sufficient distance to allow for all of these factors must also be maintained between the employee and obstructions below, to prevent an injury due to impact before the system fully arrests the fall. In addition, a minimum of 12 feet of safety line should be allowed below the securing point of a rope grab type deceleration device, and the end terminated to prevent the device from sliding off the safety line should extend to the ground or the next working level below. These measures are suggested to prevent the worker from inadvertently moving past the end of the safety line and having the rope grab become disengaged from the safety line.

(l) Obstruction Considerations. The location of the tie-off should also consider the hazard of obstructions in the potential fall path of the employee. Tie-offs which minimize the possibilities of exaggerated swinging should be considered.

(m) Other Considerations. Because of the design of some personal fall arrest systems, additional considerations may be required for proper tie-off. For example, heavy deceleration devices of the self-retracting type should be secured overhead in order to avoid the weight of the device having to be supported by the employee. Also, if self-retracting equipment is connected to a horizontal safety line, the sag in the safety line should be minimized to prevent the device from sliding down the safety line to a position which creates a swing hazard during fall arrest. In all cases, manufacturer's instructions should be followed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and section 18943(c), Health and Safety Code.

Appendix D to Article 6

Existing Installations

(Mandatory)

Use of the Appendix

Appendix D sets out the mandatory building and equipment requirements for applicable permanent installations completed after September 29, 1974, and no later than July 1, 1993 which are exempt from Sections 3292(a), (b)(1), (c), 3293, 3294, and 3295 of Article 6. The requirements in Appendix D are essentially the same as unrevised building and equipment provisions which previously were designated Article 6 and which were effective on July 16, 1976. (Title 24, Part 2, Section 2-8510(a).)

Note: All existing installations subject to this appendix shall also comply with Sections 3296, 3297, 3298, 3299 and Appendix C of Article 6.

(a) Definitions Applicable to this Appendix.

Angulated Roping. A system of platform suspension in which the upper wire rope sheaves or suspension points are closer to the plane of the building face than the corresponding attachment points on the platform, thus causing the platform to press against the face of the building during its vertical travel.

ANSI. American National Standards Institute.

Babbitted Fastenings. The method of providing wire rope attachments in which the ends of the wire strands are bent back and are held in a tapered socket by means of poured molten babbitt metal.

Brake-Disc Type. A brake in which the holding effect is obtained by frictional resistance between one or more faces of discs keyed to the rotating member to be held and fixed discs keyed to the stationary or housing member (pressure between the discs being applied axially).

Brake-Self-Energizing Band Type. An essentially unidirectional brake in which the holding effect is obtained by the snubbing action of a flexible band wrapped about a cylindrical wheel or drum affixed to the rotating member to be held, the connections and linkages being so arranged that the motion of the brake wheel or drum will act to increase the tension or holding force of the band.

Brake-Shoe Type. A brake in which the holding effect is obtained by applying the direct pressure of two or more segmental friction elements held to a stationary member against a cylindrical wheel or drum affixed to the rotating member to be held.

Building Face Rollers. A specialized form of guide roller designed to contact a portion of the outer face or wall structure of the building, and to assist in stabilizing the operators' platform during vertical travel.

Continuous Pressure. Operation by means of buttons or switches, any one of which may be used to control the movement of the working platform or roof car, only as long as the button or switch is manually maintained in the actuating position.

Control. A system governing starting, stopping, direction, acceleration, speed, and retardation of moving members.

Controller. A device or group of devices, usually contained in a single enclosure, which serves to control in some predetermined manner the apparatus to which it is connected.

Electrical Ground. A conducting connection between an electrical circuit or equipment and the earth, or some conducting body which serves in place of the earth.

Guide Roller. A rotating, bearing-mounted, generally cylindrical member, operating separately or as part of a guide shoe assembly, attached to the platform, and providing rolling contact with building guideways, or other building contact members.

Guide Shoe. An assembly of rollers, slide members, or the equivalent, attached as a unit to the operators' platform, and designed to engage with the building members provided for the vertical guidance of the operators' platform.

Interlock. A device actuated by the operation of some other device with which it is directly associated, to govern succeeding operations of the same or allied devices.

Operating Device. A pushbutton, lever, or other manual device used to actuate a control.

Powered Platform. Equipment to provide access to the exterior of a building for maintenance, consisting of a suspended power-operated working platform, a roof car, or other suspension means, and the requisite operating and control devices.

Rated Load. The combined weight of employees, tools, equipment, and other material which the working platform is designed and installed to lift.

Relay, Direction. An electrically energized contactor responsive to an initiating control circuit, which in turn causes a moving member to travel in a particular direction.

Relay, Potential for Vertical Travel. An electrically energized contactor responsive to initiating control circuit, which in turn controls the operation of a moving member in both directions. This relay usually operates in conjunction with direction relays, as covered under the definition “relay, direction.”

Roof Car. A structure for the suspension of a working platform. providing for its horizontal movement to working positions.

Roof-Powered Platform. A powered platform having the raising and lowering mechanism located on a roof car.

Self-Powered Platform. A powered platform having the raising and lowering mechanism located on the working platform.

Traveling Cable. A cable made up of electrical or communication conductors or both, and providing electrical connection between the working platform and the roof car or other fixed point.

Weatherproof. Equipment so constructed or protected that exposure to the weather will not interfere with its proper operation.

Working Platform. The suspended structure arranged for vertical travel which provides access to the exterior of the building or structure.

Yield Point. The stress at which the material exhibits a permanent set of 0.2 percent.

Zinced Fastenings. The method of providing wire rope attachments in which the splayed or fanned wire ends are held in a tapered socket by means of poured molten zinc. (Title 24, Part 2, Section 2-8510(b).)

(b) General Requirements.

(1) Design requirements. All powered platform installations for exterior building maintenance completed as of September 29, 1974, but no later than July 1, 1993, shall meet all of the design, construction and installation requirements of Part II and III of the “American National Standard Safety Requirements for Powered Platforms for Exterior Building Maintenance. ANSI A120.1-1970”, which is hereby incorporated by reference, and of this appendix. All powered platform installations installed prior to September 29, 1974 shall be maintained as required by Appendix D. References shall be made to appropriate parts of ANSI A120.1-1970 for detail specifications for equipment and special installations. (Title 24, Part 2, Section 2- 8511(b).)

(2) Limitation. The requirements of this appendix apply only to electric powered platforms. It is not the intent of the appendix to prohibit the use of other types of power. Installation of powered platforms using other types of power is permitted, provided such platforms have adequate protective devices for the type of power used, and otherwise provided for reasonable safety of life and limb to users of equipment and to others who may be exposed. (Title 24, Part 2, Section 2-8511(c).)

(3) Types of Powered Platforms. (A) For the purpose of applying this appendix, powered platforms are divided into two basic types. Type F and Type T. (Title 24, Part 2, Section 2-8511(d)1.)

(B) Powered platforms designated as Type F shall meet all the requirements in Part II of the ANSI A 120.1-1970. American National Standard Safety Requirements for Powered Platforms for Exterior Building Maintenance, which is hereby incorporated by reference. A basic requirement of Type F equipment is that the work platform is suspended by at least four wire ropes and designed so that failure of any one wire rope will not substantially alter the normal position of the working platform. Another basic requirement of Type F equipment is that only one layer of hoisting rope is permitted on winding drums. Type F powered platforms may be either roof-powered or self-powered. (Title 24, Part 2, Section 2-8511(d)2.)

(C) Powered platforms designated as Type T shall meet all the requirements in Part III of ANSI A120.1-1970, American National Standard Safety Requirements for Powered Platforms for Exterior Building Maintenance except for safety belts and safety lines, which are provided for in subparagraph (e) of this appendix. A basic requirement of Type T equipment is that the working platform is suspended by at least two wire ropes. Failure of one wire rope would not permit the working platform to fall to the ground, but would upset its normal position. The employer shall require employees working on Type T equipment to wear a safety belt or body harness as required by paragraph (e) of this appendix. Type T powered platforms may be either roof-lowered or self-powered. (Title 24. Part 2. Section 2-8511(d)3.)

(D) The requirements of this section apply to powered platforms with winding drum type hoisting machines. It is not the intent of this section to prohibit powered platforms using other types of hoisting machines, traction drum hoisting machines, air powered machines, hydraulic powered machines, and internal combustion machines. Installation of powered platforms with other types of hoisting machines is permitted, provided adequate protective devices are used, and provided reasonable safety of life and limb to users of the equipment and to others who may be exposed is assured. (Title 24, Part 2, Section 2-8511-(c)2.)

(E) Both Type F and Type T powered platforms shall comply with the requirements of Appendix C of this standard.

(1) Roof Car, General.

(A) A roof car shall be provided whenever it is necessary to move the working platform horizontally to working or storage positions.

(B) The maximum rated speed at which a power traversed roof car may be moved in a horizontal direction shall be 50 feet per minute. (Title 24. Part 2. Section 2-8512(a).)

(2) Movement and Positioning of Roof Car.

(A) Provisions shall be made to protect against having the roof car leave the roof or enter roof areas not designed for travel.

(B) The horizontal motion of the roof cars shall be positively controlled so as to insure proper movement and positioning of the roof car.

(C) Roof car positioning devices shall be provided to insure that the working platform is placed and retained in proper position for vertical travel and during storage.

(D) Mechanical stops shall be provided to prevent the traversing of the roof car beyond its normal limits of travel. Such stops shall be capable of withstanding a force equal to 100 percent of the inertial effect of the roof car in motion with traversing power applied.

(E)1. The operating device of a power-operated roof car for traversing shall be located on the roof car, the working platform, or both, and shall be of the continuous pressure weatherproof electric type. If more than one operating device is provided, they shall be so arranged that traversing is possible only for one operating device at a time.

2. The operating device shall be so connected that it is not operating until:

A. The working platform is located at its uppermost position of travel and is not in contact with the building face or fixed vertical guides in the face of the building; and

B. All protective devices and interlocks are in a position for traversing. (Title 24, Part 2, Section 2-8512 (b).)

(3) Roof Car Stability. Roof car stability shall be determined by either subparagraph (c)(3)(A) or (B) of this appendix, whichever is greater.

(A) The roof car shall be continuously stable, considering overturning moment as determined by 125 percent rated load, plus maximum dead load and the prescribed wind loading.

(B) The roof car and its anchorages shall be capable of resisting accidental over-tensioning of the wire ropes suspending the working platform and this calculated value shall include the effect of one and one-half times the value. For this calculation, the simultaneous effect of one-half wind load shall be included, and the design stresses shall not exceed those referred to in subparagraph (b)(1) of this appendix.

(C) If the load on the motors is at any time in excess of three times that required for lifting the working platform with its rated load, the motor shall stall. (Title 24, Part 2, Section 2-8512(c).)

(4) Access to the Roof Car. Safe access to the roof car and from the roof car to the working platform shall be provided. If the access to the roof car at any point of its travel is not over the roof area or where otherwise necessary for safety self- closing, self-locking gates shall be provided. Standard guardrails shall meet the provisions of Section 3209. (Title 24, Part 2, Section 2-8512(d).)

(5) Means for Maintenance, Repair, and Storage. Means shall be provided to run the roof car away from the roof perimeter, where necessary, and to provide a safe area for maintenance, repairs, and storage, Provisions shall be made to secure the machine in the stored position. For stored machines subject to wind forces, see special design and anchorage requirements for “wind forces” in Part II, Section 10.5.1.1 of ANSI A120-l-1970, American National Standard Safety Requirements for Powered Platforms for Exterior Building Maintenance, in which is hereby incorporated by reference. (Title 24, Part 2, Section 2-8512(e).)

(6) General Requirements for Working Platforms. The working platform shall be of girder or truss construction and shall be adequate to support its rated load under any position of loading, and comply with the provisions set forth in Section 10 of ANSI A120.1-1970, American National Standard Safety Requirements for Powered Platforms for Exterior Building Maintenance, which is hereby incorporated by reference.

(7) Load Rating Plate. Each working platform shall bear a manufacturer's load rating plate, conspicuously posted, stating the maximum permissible rated load. Load rating plates shall be made of noncorrosive material and shall have letters and figures stamped, etched, or cast on the surface. The minimum height of the letters and figures shall be one-fourth inch.

(8) Minimum Size. The working platform shall have a minimum net width of 24 inches.

(9) Guardrails. Working platforms shall be furnished with permanent guard rails not less than 36 inches high, and not more than 42 inches high at the front (building side). At the rear, and on the sides, the rail shall not be less than 42 inches high. An intermediate guardrail shall be provided around the entire platform between the top guardrail and the toeboard.

(10) Toeboards. A 3 1/2-inch toeboard shall be provided alone all sides of the working platform.

(11) Open Spaces Between Guardrails and Toeboards. The spaces between the intermediate guardrail and platform toeboard on the building side of the working platform, and between the top guardrail and the toeboard on other sides of the platform, shall be filled with metallic mesh or similar material that will reject a ball one inch in diameter. The installed mesh shall be capable of withstanding a load of 100 pounds applied horizontally over any area of 144 square inches. If the space between the platform and the building face does not exceed eight inches, and the platform is restrained by guides, the mesh may be omitted on the front side.

(12) Flooring. The platform flooring shall be of the nonskid type, and if of open construction, shall reject a 9/16-inch diameter ball or be provided with a screen below the floor to reject a 9/16-inch diameter ball.

(13) Access Gates. Where access gates are provided, they shall be self-closing and self-locking.

(14) Operating Device for Vertical Movement of the Working Platform.

(A) The normal operating device for the working platform shall be located on the working platform and shall be of the continuous pressure weatherproof electric type.

(B) The operating device shall be operable only when all electrical protective devices and interlocks on the working platform are in position for normal service and, the roof car, if provided, is at an established operating point.

(15) Emergency Electric Operative Device.

(A) In addition, on roof-powered platforms, an emergency electric operating device shall be provided near the hoisting machine for use in the event of failure of the normal operating device for the working platform, or failure of the traveling cable system. The emergency operating device shall be mounted in a locked compartment and shall have a legend mounted thereon reading: “For Emergency Operation Only. Establish Communication With Personnel on Working Platform Before Use.”

(B) A key for unlocking the compartment housing the emergency operating device shall be mounted in a break-glass receptacle located near the emergency operating device.

(16) Manual Cranking for Emergency Operation. Emergency operation of the main drive machine may be provided to allow manual cranking. This Provision for manual operation shall be designed so that not more than two persons will be required to perform this operation. The access to this provision shall include a means to automatically make the machine inoperative electrically while under the emergency manual operation. The design shall be such that the emergency brake is operative at or below governor tripping speed during manual operation.

(17) Arrangement and Guarding of Hoisting Equipment.

(A) Hoisting equipment shall consist of a power-driven drum or drums contained in the roof car (roof-lowered platforms) or contained on the working platform (self-powered platform).

(B) The hoisting equipment shall be power-operated in both up and down directions.

(C) Guard or other protective devices shall be installed wherever rotating shafts or other mechanisms or gears may expose personnel to a hazard.

(D) Friction devices or clutches shall not be used for connecting the main driving mechanism to the drum or drums. Belt or chain-driven machines are prohibited.

(18) Hoisting Motors.

(A) Hoisting motors shall be electric and of weather-proof construction.

(B) Hoisting motors shall be in conformance with applicable provisions of subparagraph (c)(22) of this appendix, Electric Wiring and Equipment.

(C) Hoisting motors shall be directly connected to the hoisting machinery. Motor couplings, if used, shall be of steel construction.

(19) Brakes. The hoisting machines(s) shall have two independent braking means, each designed to stop and hold the working platform with 125 percent of rated load.

(20) Hoisting Ropes and Rope Connections.

(A) Working platforms shall be suspended by wire ropes of either 6 x 19 or 6 x 37 classification, preformed or nonpreformed.

(B) The minimum grade of the robe wire shall be improved plow steel. Ropes shall be fabricated of drawn galvanized or bright wire. Drawn galvanized wire rope shall be fabricated of individual wires on which the zinc coating has been applied at an intermediate size, and the wire then drawn to finished size and to the same tolerances and with the same mechanical properties as for uncoated wire of equal grade.

F = S x N/W

Where

S = Manufacturer's rated breaking strength of one robe.

N = Number of ropes under load.

W = Maximum static load on all ropes with the platform and its rated load at any point of its travel.

(D) Hoisting ropes shall be sized to conform with the required factor of safety, but in no case shall the size be less than 5/16 inch diameter.

(E) Winding drums shall have at least three turns of robe remaining when the platform has landed at the lowest possible point of its travel.

(F) The lengthening or repairing of wire rope by the joining of two or move lengths is prohibited.

(G) The nondrum ends of the hoisting ropes shall be provided with individual shackle rods which will permit individual adjustment of rope lengths, if required.

(H) More than two reverse bends in each rope is prohibited.

(I) All cable connections used to support scaffold platforms shall be by means of factory attached swayed fittings or other method affording equivalent strength. Only safety type shackles shall be used.

(J) Wire winders, cable winders, baskets, or the equivalent, when used on suspended scaffolds, shall be so constructed as to prevent kinking of the wire rope (cable).

1. The frame work shall be rigid enough to prevent distortion when stepped upon, if it is mounted upon the top of the working platform.

2. The cable feeding device, if tubular, shall be flared to permit smooth passage of the cable through it.

A. The feeding device shall be placed at a proper angle both vertically and horizontally so as to direct the cable into the storage area, wherein the greatest portion of the cable will store.

(21) Rope Tag Data.

(A) A metal data tag shall be securely attached to one of the wire rope fastenings. This data tag shall bear the following wire-rope data:

l. The diameter in inches.

2. Construction classification.

3. Whether nonpreformed or preformed.

4. The grade of material used.

5. The manufacturer's rated breaking-strength.

6. Name of the manufacturer of the rope.

7. The month and year the ropes were installed.

(22) Electrical Wiring and Equipment.

(A) All electrical equipment and wiring shall conform to the California Code of Regulations, Title 8, Electrical Safety Orders.

(B) All motors and operation and control equipment shall be supplied from a single power source.

(C) The power supply for the powered platform shall be an independent circuit supplied through a fused disconnect switch.

(D) Electrical conductor parts of the power supply system shall be protected against accidental contact.

(E) “Effective” electrical grounding shall be provided.

1. Provisions for electrical grounding shall be included with the power-supply system.

2. Controller cabinets, motor frames, hoisting machines, the working platform, roof car and roof car track system, and noncurrent carrying carts of electrical equipment, where provided, shall be grounded.

3. The controller, where used, shall be so designed and installed that a single ground or short circuit will not prevent both the normal and final stopping device from stopping the working platform.

4. Means shall be provided on the roof car and working platform for grounding portable electric tools.

5. The working platform shall be grounded through a grounding connection in a traveling cable. Electrically powered tools utilized on the working platform shall be grounded.

(F) Electrical receptacles located on the roof or other exterior location shall be of a weatherproof type and shall be located so as not to be subject to contact with water or accumulated snow. The receptacles shall be grounded and the electric cable shall include a grounding conductor. The receptacle and plug shall be a type designed to avoid hazard to persons inserting or withdrawing the plug. Provision shall be made to prevent application of cable strain directly to the plug and receptacle.

(G) Electric runway conductor systems shall be of the type designed for use in exterior locations and shall be located so as not to be subject to contact with water or accumulated snow. The conductors, collectors, and disconnecting means shall conform to the requirements of the California Code of Regulations, Title 8, Electrical Safety Orders. A grounded conductor shall parallel the power conductors and be so connected that it cannot be opened by the disconnecting means. The system shall be designed to avoid hazard to persons in the area.

(H) Electrical protective devices and interlocks of the weatherproof type shall be provided.

(I) Where the installation includes a roof car, electric contact(s) shall be provided and so connected that the operating devices for the working platform shall be operative only when the roof car is located and mechanically retained at an established operating point.

(J) Where the powered platform includes a power-operated roof car, the operating device for the roof car shall be inoperative when the roof car is mechanically retained at an established operating point.

(K) An electric contact shall be provided and so connected that it will cause the down direction relay for vertical travel to open if the tension in the traveling cable exceeds safe limits.

(L) An automatic overload device shall be provided to cut off the electrical power to the circuit in all hoisting motors for travel in the up direction, should the load applied to the hoisting ropes at either end of the working platform exceed 125 percent of its normal tension with rated load, as shown on the manufacturer's data plate on the working platform.

(M) An automatic device shall be provided for each hoisting rope which will cut off the electrical power to the hoisting motor or motors in the down direction and apply the brakes if any hoisting rope becomes slack.

(N) Upper and lower directional limit devices shall be provided to prevent the travel of the working platform beyond the normal upper and lower limits of travel.

(Q) Operation of a directional limit device shall prevent further motion in the appropriate direction, if the normal limit of travel has been reached.

(P) Directional limit devices, if driven from the hoisting machine by chains, tapes, or cables, shall incorporate a device to disconnect the electric bower from the hoisting machine and apply both the primary and secondary brakes in the event of failure of the driving means.

(Q) Final terminal stopping devices of the working platform:

l. Final terminal stopping devices for the working platform shall be provided as a secondary means of preventing the working platform from over-traveling at the terminals.

2. The device shall be set to function as close to each terminal landing as practical, but in such a way that under normal operating conditions it will not function when the working platform is stopped by the normal terminal stopping device.

3. Operation of the final terminal stopping device shall open the potential relay for vertical travel, thereby disconnecting the electric power from the hoisting machine, and applying both the primary and secondary brakes.

4. The final terminal stopping device for the upper limit of travel shall be mounted so that it is operated directly by the motion of the working platform itself.

(R) Emergency stop switches shall be provided in or adjacent to each operating device.

(S) Emergency stop switches shall:

1. Have red operating buttons or handles.

2. Be conspicuously and permanently marked “Stop.”

3. Be the manually opened and manually closed type.

4. Be positively opened with the opening not solely dependent on springs.

(T) The manual operation of an emergency stop switch associated with an operating device for the working platform shall open the potential relay for vertical travel, thereby disconnecting the electric power from the hoisting machine and applying both the primary and secondary brakes.

(U) The manual operation of the emergency stop switch associated with the operating device for a power-driven roof car shall cause the electrical power to the traverse machine to be interrupted, and the traverse machine brake to apply. (Title 24, Part 2, Section 2-8512(f).)

(23) Requirements for Emergency Communications.

(A) Communication equipment shall be provided for each powered platform for use in an emergency.

(B) Two-way communication shall be established between personnel on the roof and personnel on the stalled working platform before any emergency operation of the working platform is undertaken by personnel on the roof.

1. Designated personnel continuously available while the powered platform is in use; and

2. Designated personnel on roof-powered platforms, undertaking emergency operation of the working platform by means of the emergency operating device located near the hoisting machine.

(D) The emergency communication equipment shall be one of the following types:

1. Telephone connected to the central telephone exchange system; or

2. Telephones on a limited system or an approved two-way radio system, provided designated personnel are available to receive a message during the time the powered platform is in use. (Title 24, Part 2, Section 2-8512(g).).

(d) Type T Powered Platform (1) Roof Car. The requirements of subparagraphs (c)(l) through (c)(5) of this appendix shall apply to Type T powered platforms.

(2) Working Platform. The requirements of subparagraphs (c)(6) through (c)(16) of this appendix apply to Type T powered platforms.

(A) The working platform shall be suspended, by at least two wire ropes.

(B) The maximum rated speed at which the working platform of self-powered platforms may be moved in a vertical direction shall not exceed 35 feet per minute.

(3) Hoisting Equipment. The requirements of subparagraphs (c)(17) and (18) of this appendix shall apply to Type T powered platforms.

(4) Brakes. Brakes requirements of subparagraph (c)(19) of this appendix shall apply.

(5) Hoisting Ropes and Rope Connections.

(A) Subparagraphs (c)(20)(A) through (F) and (H) of this appendix shall apply to Type T power platforms.

(B) Adjustable shackle rods in subparagraph (c)(20)(G) of this appendix shall apply to Type T powered platforms, if the working platform is suspended by more than two wire ropes.

(6) Electrical Wiring and Equipment.

(A) The reguirements of subparagraphs (c)(22)(A) through (F) of this appendix shall apply to Type T powered platforms. “Circuit protection limitation,” “powered platform electrical service system,” all operating services and control eguipment shall comply with the specifications contained in the California Code of Regulations, Title 8, Electrical Safety Orders.

(B) For electrical protective devices, the requirements of subparagraphs (c)(22)(G) through (P) shall apply to Type T platforms. Requirements for the “circuit potential limitation” shall be in accordance with the specifications contained in the California Code of Regulations, Title 8, Electrical Safety Orders.

(7) Emergency Communications. All the requirements of subparagraph (c)(23) of this appendix shall apply to Type T powered platforms. (Title 24, Part 2, Section 2-8513).

(e) Safety Belts and Safety Lines.

(1) Each employee on the working platform of Type T powered platforms shall be provided with and required to use a body harness or safety belt attached to a vertical or horizontal safety line, If a horizontal safety line (dog line) is used the length of the lanyard shall not exceed 5 feet and shall employ an energy absorbing device acceptable to the Division.

(2) Body harnesses or safety belts, lines and other components, including fastening means and anchorages to the working platform shall conform with applicable provisions of Appendix C.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section l42.3, Labor Code; and Section 18943(c), Health and Safety Code.

Group 2. Safe Practices and Personal Protection

Article 7. Miscellaneous Safe Practices

§3300. Live Steam and Air Hoses.

Note • History

(a) Live steam or air hoses used to agitate liquids in tanks and vats shall be securely fastened to prevent hose ends from whipping out of the tank or vat. This does not apply to hoses used with pipe lances which are manually held in position for agitation.

(b) Steam and air hose connections shall be securely made and maintained in safe working condition.

(c) Hoses and connections shall be designed, manufactured and maintained to withstand the pressures and service to which they are subjected.

HISTORY

1. Amendment of subsection (a) and new subsection (c) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§3301. Use of Compressed Air or Gases.

Note • History

(a) Compressed air or other compressed gases in excess of 10 pounds per square inch gauge shall not be used to blow dirt, chips, or dust from clothing while it is being worn.

(b) Compressed air or gases shall not be used to empty containers of liquids where the pressure can exceed the safe working pressure of the container.

(d) Abrasive blast cleaning nozzles shall be equipped with an operating valve which must be held open manually. A support shall be provided on which the nozzle may be mounted when it is not in use.

(e) Compressed gases shall not be used to elevate or otherwise transfer any substance from one container to another unless the containers are designed to withstand, with a factor of safety of at least four, the maximum possible pressure that may be applied.

(f) Pressure testing of any object shall be in accordance with Section 560(c) and (d) of the Unfired Pressure Vessel Safety Orders.

Note: For further guidance in the utilization of compressed gases in cylinders see, Group 9; for portable tanks, rail tank cars, or motor vehicle cargo tanks, see Compressed Gas Association Pamphlet P-1-1965.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (c) and new subsections (c) and (d) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

2. New subsection (e) filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

3. Amendment of Note in subsection (e) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

4. Amendment of subsection (e), new subsection (f) and amendment of Note filed 7-7-2004; operative 8-6-2004 (Register 2004, No. 28).

§3302. Hazardous Liquids.

Note • History

(a) For situations other than those addressed by the requirements of Section 3480 where the risk of employee contact exists, hazardous liquids capable of inflicting physical injury upon contact with the skin (i.e., chemical/thermal burns, harmful temperature extremes) shall be covered, insulated or otherwise guarded against inadvertent contact.

(b) This order does not apply to operations where the nature of the work makes covering or guarding impracticable. In such cases, the employer shall provide, and the employee(s) shall wear, personal protective equipment in accordance with the requirements of Article 10 of these Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-10-2011; operative 9-9-2011 (Register 2011, No. 32). For prior history, see Register 75, No. 29.

§3303. Flying Particles or Substances.

History

Wherever there is danger of injury from flying particles or substances, adequate shields, screens, chip guards, or enclosures shall be provided and they shall be designed and constructed for the purpose of deflecting or confining said flying particles or substances in a manner that will prevent injury to employees. When it is not possible to provide such guards, employees subject to such hazards shall be protected by the use of personal protective equipment.

HISTORY

1. Amendment filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

§3304. Miscellaneous Use of Compressed Cylinder Gas.

Note: Cylinder as used in this order means an Interstate Commerce Commission compressed gas cylinder.

§3305. Misuse of Oxygen Prohibited.

Compressed oxygen shall never be used:

(a) To purge pipe lines, tanks, or any confined area.

(b) To supply head pressure in a tank.

(d) In oil preheating burners.

(e) To start internal combustion engines.

(f) For ventilation.

(g) For “dusting” clothing.

(h) In any other way as a substitute for compressed air.

§3306. Salvaging Pressure Vessels.

Pressure vessels or other containers shall not be crushed, sheared, baled or otherwise processed for salvage until the employer has made certain that such vessels or containers do not contain hazardous substances or pressures in quantities which would render them unsafe for such salvaging operations. No attempt shall be made to open closed pressure vessels or containers of unknown contents until adequate precautionary measures have been taken to eliminate risk of injury to employees. Such precautionary measures may include rupture or perforation of the vessels while they are protected by barricades, enclosures or isolation.

Note: Certain cylinders and vessels, after passing their useful life, are destroyed by the owner of the vessel in such a manner that it can be resold for salvage purposes and can be crushed, sheared, melted or otherwise processed safely. (Some closed pressure vessels and containers may be safely disposed of by burying in the earth rather than by attempting to salvage them.)

§3307. Reconditioning Closed Containers.

Where internal fluid pressure is necessary to remove dents or depressions from a closed container, hydrostatic pressure only shall be used. The hydrostatic pressure used shall be developed only by static head or hydraulic pumps.

§3308. Hot Pipes and Hot Surfaces.

Note • History

Pipes or other exposed surfaces having an external surface temperature of 140 degrees F (60 degrees C) or higher and located within 7 feet measured vertically from floor or working level or within 15 inches measured horizontally from stairways, ramps or fixed ladders shall be covered with a thermal insulating material or otherwise guarded against contact. This order does not apply to operations where the nature of the work or the size of the parts makes guarding or insulating impracticable.

NOTE: Regarding liquids, see Section 3302.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment of section and Note filed 5-5-2010; operative 6-4-2010 (Register 2010, No. 19).

3. Amendment filed 8-10-2011; operative 9-9-2011 (Register 2011, No. 32).

§3309. Drainage and Ventilation.

(a) Trenches, tunnels and pits inside buildings shall have proper drainage and ventilation, or other means of protecting employees who work in these areas shall be provided as required in Group 16 of these orders.

(b) Sewage tanks and sewage sumps inside buildings shall be tightly covered and ventilated with a suitable vent to the outside atmosphere so located as not to endanger the safety of employees.

§3310. Discharge Location.

(a) The discharge opening from traps, drains, and blowoffs shall be located so as not to endanger the safety of employees.

(b) Internal combustion engine exhaust pipe outlets shall be so located that the exhaust vapors or gases will not be drawn into the air inlets of air compressors or air conditioning systems.

(c) Exhaust condensed steam shall not reduce the visibility around machinery or on walkways, roads, and runways to the extent that hazards to employees are created by such reduction in visibility.

(d) Relief or vent discharges of tanks or other closed vessels in which there are toxic or flammable vapors or gases, fumes, dusts or other harmful substances shall be located so as not to endanger the safety of employees. When it is impractical to divert dangerous concentrations of toxic or flammable vapors or gases, fumes, dusts or other harmful substances from such working areas, employees performing work of a transient nature in these areas shall be provided with, and shall wear, approved respiratory and personal protective equipment.

§3311. Flarebacks.

(b) In addition to the above fire boxes or combustion chambers shall be purged or allowed sufficient time to vent themselves before a source of ignition is introduced into them.

§3312. Entering Combustion Chambers, Flues, Boilers or Unfired Steam Pressure Vessels.

(b) Employees shall not enter or be required to enter the fire boxes, flues or combustion chambers of fired apparatus until:

(2) All probability of ignition of any solid combustibles in the fire box or combustion chamber has been removed.

§3313. Use of Solvents for Washing. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

§3314. The Control of Hazardous Energy for the Cleaning, Repairing, Servicing, Setting-Up, and Adjusting Operations of Prime Movers, Machinery and Equipment, Including Lockout/Tagout.

Note • History

(a) Application.

(1) This Section applies to the cleaning, repairing, servicing, setting-up and adjusting of machines and equipment in which the unexpected energization or start up of the machines or equipment, or release of stored energy could cause injury to employees.

(2) For the purposes of this Section, cleaning, repairing, servicing and adjusting activities shall include unjamming prime movers, machinery and equipment.

(3) Requirements for working on energized electrical systems are prescribed in Sections 2320.1 through 2320.9 or 2940 through 2945.

(b) Definitions:

Affected employee. For the purpose of this section, an employee whose job requires them to operate or use a machine or equipment on which cleaning, repairing, servicing, setting-up or adjusting operations are being performed under lockout or tagout, or whose job requires the employee to work in an area in which such activities are being performed under lockout or tagout.

Authorized employee or person. For the purposes of this section, a qualified person who locks out or tags out specific machines or equipment in order to perform cleaning, repairing, servicing, setting-up, and adjusting operations on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties including performing cleaning, repairing, servicing, setting-up and adjusting operations covered under this section.

Locked out. The use of devices, positive methods and procedures, which will result in the effective isolation or securing of prime movers, machinery and equipment from mechanical, hydraulic, pneumatic, chemical, electrical, thermal or other hazardous energy sources.

Normal Production Operations. The utilization of a machine or equipment to perform its intended production function.

Prime Mover. The source of mechanical power for a machine.

Machinery or equipment capable of movement shall be stopped and the power source de-energized or disengaged, and, if necessary, the moveable parts shall be mechanically blocked or locked out to prevent inadvertent movement, or release of stored energy during cleaning, servicing and adjusting operations. Accident prevention signs or tags or both shall be placed on the controls of the power source of the machinery or equipment.

(1) If the machinery or equipment must be capable of movement during this period in order to perform the specific task, the employer shall minimize the hazard by providing and requiring the use of extension tools (eg., extended swabs, brushes, scrapers) or other methods or means to protect employees from injury due to such movement. Employees shall be made familiar with the safe use and maintenance of such tools, methods or means, by thorough training.

(d) Repair Work and Setting-Up Operations.

Prime movers, equipment, or power-driven machines equipped with lockable controls or readily adaptable to lockable controls shall be locked out or positively sealed in the “off” position during repair work and setting-up operations. Machines, equipment, or prime movers not equipped with lockable controls or readily adaptable to lockable controls shall be considered in compliance with Section 3314 when positive means are taken, such as de-energizing or disconnecting the equipment from its source of power, or other action which will effectively prevent the equipment, prime mover or machine from inadvertent movement or release of stored energy. In all cases, accident prevention signs or tags or both shall be placed on the controls of the equipment, machines and prime movers during repair work and setting-up operations.

Exceptions to subsections (c) and (d):

1. Minor tool changes and adjustments, and other minor servicing activities, which take place during normal production operations are not covered by the requirements of Section 3314 if they are routine, repetitive, and integral to the use of the equipment or machinery for production, provided that the work is performed using alternative measures which provide effective protection.

2. Work on cord and plug-connected electric equipment for which exposure to the hazards of unexpected energization or start up of the equipment is controlled by the unplugging of the equipment from the energy source and by the plug being under the exclusive control of the employee performing the work.

3. Where an employer has a uniform system with unique and personally identifiable locks designed for lockout, that are placed on the source of energy, accident prevention signs or tags are not required.

(e) Materials and Hardware. The employer shall provide accident prevention signs, tags, padlocks, seals or other similarly effective means which may be required for cleaning, servicing, adjusting, repair work or setting-up operations. Signs, tags, padlocks, and seals shall have means by which they can be readily secured to the controls. Tagout device attachment means shall be of a non-reusable type, attachable by hand, self-locking, and non-releasable with a minimum unlocking strength of no less than 50 pounds.

(f) Repetitive Process Machines. On repetitive process machines, such as numerical control machines, which require power or current continuance to maintain indexing and where repair, adjustment, testing, or setting-up operations cannot be accomplished with the prime mover or hazardous energy source disconnected, such operations may be performed under the following conditions:

(1) The operating station where the machine may be activated must at all times be under the control of a qualified operator or craftsman.

(2) All participants must be in clear view of the operator or in positive communication with each other.

(3) All participants must be beyond the reach of machine elements which may move rapidly and present a hazard to them.

(4) Where machine configuration or size requires that the operator leave his control station to install tools, and where machine elements exist which may move rapidly if activated, such elements must be separately locked out by positive means.

(5) During repair procedures where mechanical components are being adjusted or replaced, the machine shall be de-energized or disconnected from its power source.

Note: “Participant” shall mean any other person(s) engaged in the repair, adjustment, testing, or setting up operation in addition to the qualified operator or craftsman having control of the machine operating station.

(g) Hazardous Energy Control Procedures. A hazardous energy control procedure shall be developed and utilized by the employer when employees are engaged in the cleaning, repairing, servicing, setting-up or adjusting of prime movers, machinery and equipment.

(1) The procedure shall clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance, including but not limited to, the following:

(A) A statement of the intended use of the procedure;

(B) The procedural steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy;

(C) The procedural steps for the placement, removal and transfer of lockout devices and tagout devices and responsibilities; and,

(D) The requirements for testing a machine or equipment, to determine and verify the effectiveness of lockout devices, tagout devices and other hazardous energy control devices.

(2) The employer's hazardous energy control procedures shall be documented in writing.

(A) The employer's hazardous energy control procedure shall include separate procedural steps for the safe lockout/tagout of each machine or piece of equipment affected by the hazardous energy control procedure.

Exception to subsection (g)(2)(A): The procedural steps for the safe lockout/tagout of prime movers, machinery or equipment may be used for a group or type of machinery or equipment, when either of the following two conditions exist:

(1) Condition 1:

(A) The operational controls named in the procedural steps are configured in a similar manner, and

(B) The locations of disconnect points (energy isolating devices) are identified, and

(2) Condition 2: The machinery or equipment has a single energy supply that is readily identified and isolated and has no stored or residual hazardous energy.

(h) Periodic inspection.

The employer shall conduct a periodic inspection of the energy control procedure(s) at least annually to evaluate their continued effectiveness and determine necessity for updating the written procedure(s).

(1) The periodic inspection shall be performed by an authorized employee or person other than the one(s) utilizing the hazardous energy control procedures being inspected.

(2) Where lockout and/or tagout is used for hazardous energy control, the periodic inspection shall include a review between the inspector and authorized employees of their responsibilities under the hazardous energy control procedure being inspected.

(3) The employer shall certify that the periodic inspections have been performed. The certification shall identify the machine or equipment on which the hazardous energy control procedure was being utilized, the date of the inspection, the employees included in the inspection, and the person performing the inspection.

(i) Whenever outside servicing personnel are to be engaged in activities covered by this section, the on-site employer's lockout or tagout procedures shall be followed.

(j) Training.

(1) Authorized employees shall be trained on hazardous energy control procedures and on the hazards related to performing activities required for cleaning, repairing, servicing, setting-up and adjusting prime movers, machinery and equipment.

(2) Each affected employee shall be instructed in the purpose and use of the energy control procedure.

(3) All other employees whose work operations may be in an area where energy control procedures may be utilized, shall be instructed about the prohibition relating to attempts to restart or reenergize machines or equipment which are locked out or tagged out.

(4) Such training shall be documented as required by Section 3203.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer and new subsections (a), (b) and (c) and amendment of subsection (d) filed 5-12-77; effective thirtieth day thereafter (Register 77, No. 20).

3. Amendment of subsection (c) and adoption of subsections (f)-(i) filed 12-23-91; operative 1-22-92 (Register 92, No. 12).

4. Amendment of subsections (a) and (b) filed 3-24-94; operative 4-25-94 (Register 94, No. 12).

5. Amendment of section heading and section filed 12-7-2004; operative 1-6-2005 (Register 2004, No. 50).

§3315. Hand Trucks.

Hand trucks shall be maintained in a safe condition. Handles shall be maintained free of hazardous burrs, splinters, cracks, or splits.

§3316. Hand Tools.

History

HISTORY

1. Repealer filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

§3317. Illumination.

Note • History

(a) Working areas, stairways, aisles, passageways, work benches and machines shall be provided with either natural or artificial illumination which is adequate and suitable to provide a reasonably safe place of employment. Minimum illumination levels for safety alone are listed for various typical areas in Table IL-1. (Title 24, Part 2, Section 512, Table 5-C.)

TABLE IL-1

MINIMUM LEVELS OF ILLUMINATION FOR SAFETY

Embedded Graphic 08.0376

Notes:

(1) To assure these levels at all times, higher initial levels need to be provided to compensate for their depreciation due to the decrease of light output of lamps with age and to the accumulation of dirt on lamps and room surfaces.

(2) For areas or operations not covered above, and for recommended illumination levels for efficient visual performance in varied tasks and areas, refer to ANSI/IES RP-7-1991, Practice for Industrial Lighting and ANSI/IES RP-1-1993, Practice for Office Lighting. (Title 24, Part 2, Section 512, Table 5-C.)

(b) When adequate natural illumination or permanent artificial illumination cannot be made available to secure the safety of employees, suitable portable lights shall be provided.

(c) Skylights, side windows, lamps, and other light accessories which provide necessary illumination shall be kept sufficiently clean, adjusted, and repaired so as not to impair the illumination required for the safety of employees.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsection (a) filed 11-28-75; effective thirtieth day thereafter (Register 75, No. 48).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

4. Amendment of subsection (a) and footnotes to Table filed 2-11-99; operative 3-13-99 (Register 99, No. 7).

§3318. Counterweights.

All counterweights shall be enclosed with a guard which shall extend from the working level to at least the midpoint of the counterweight when it is in its highest position, or shall be otherwise guarded to afford at least equivalent protection unless they are so located that their falling would create no hazard or the area directly below the counterweight is effectively barricaded against passage.

Note: In lieu of above, counterweights may be held with safety chains or cables or otherwise protected against falling.

§3319. Fueling.

Note • History

(a) No internal combustion engine fuel tank shall be refilled with a flammable liquid while the engine is running. Fueling shall be done in such a manner that likelihood of spillage is minimal. If a spill occurs it shall be washed away completely, evaporated, or equivalent action taken to control vapors before restarting the engine. Fuel tank caps shall be replaced before starting the engine.

(b) A listed gasoline pump shall be provided to service the fuel tanks of all gasoline engine driven equipment, unless done in a safe manner by a gravity flow, with a metal-to-metal contact between the containers and the fuel tank. When a hose is used it shall be of a type which is designed to handle gasoline. No gasoline shall be handled in open containers. Gravity flow systems shall be fitted with self closing nozzles.

Exception: Pumps which are an integral part of a gasoline vapor recovery system, certified by the State Air Resources Board and the State Fire Marshal pursuant to the provisions of Sections 41954 through 41961, inclusive, of the California Health and Safety Codes.

(c) Open lights, open flames, or sparking or arcing equipment, except that which is an integral part of automotive equipment, shall not be used near fuel storage tanks or internal combustion engine equipment while being fueled with flammable liquids.

(d) Every gas fueling system with line pressure in excess of 15 pounds per square inch, including traps, valves, and fittings shall be capable of withstanding the maximum working pressure with a factor of safety of at least four.

In lieu of compliance with the above, existing installations shall be provided with a relief valve installed between the regulator and the gas consuming device. Such relief valve shall be set to operate at a pressure less than the maximum safe working strength of the weakest part of the system. There shall be no block valve between the regulator and the relief valve nor in the discharge line from the relief.

(e) Refueling with portable containers shall be done with approved safety type containers equipped with an automatic closing cap and flame arrester.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (b) filed 2-18-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment of subsection (b) filed 3-3-77; effective thirtieth day thereafter (Register 77, No. 10).

3. Amendment of subsection (a) filed 7-6-79; effective thirtieth day thereafter (Register 79, No. 27).

4. New subsection (e) filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

§3320. Warning Signs.

Note • History

There shall be conspicuously displayed at all machines driven by electric motors that are controlled by fully automatic starters and which may injure employees, legible signs giving warning that the machines are automatically controlled and may start at any time.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

§3321. Identification of Piping.

(a) Where, in any one establishment, one or more hazardous substances are transported through pipe lines, all above ground piping systems used to transport gases, vapors, liquids, semi-liquids, or plastics shall be identified at points where confusion would introduce hazards to employees.

(b) Methods of Identification. Where identification is required for piping systems, one or more of the following methods shall be employed.

(1) Complete color painting of all visible parts of the pipe;

(2) Color bands, preferably 8 to 10 inches wide, at various intervals and at each outlet valve or connection.

Where identification is provided by complete color painting or by color bands, a color code shall be posted at those locations where confusion would introduce hazards to employees.

(3) The names of or abbreviations of the names of the materials transported shall be lettered or stenciled on the pipe near the valves or outlets.

(4) Tags of metal or other suitable material naming the material transported shall be fastened securely to the system on or near the valve. Tag legibility shall be maintained.

§3322. Drilling.

Note • History

Where petroleum drilling equipment is being used for drilling other than petroleum wells, applicable sections of the California Petroleum Safety Orders--Drilling and Production which pertain to the construction, use, and maintenance of rigs and related drilling equipment shall apply to such operations.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

§3323. Cargo Doors.

Note • History

(a) Vertically operated doors shall be securely connected to their lifting tackle.

(b) Approved devices shall be provided to hold overhead doors in the open position and to secure them when closed.

(d) Sliding doors shall be secured to prevent them from swinging. (Title 24, Part 2, Section 2-3303(p))

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-26-84; effective thirtieth day thereafter (Register 84, No. 48).

§3324. Horizontal Sliding Gates.

Note • History

(a) All horizontal sliding gates shall be equipped with positive stops or devices that limit the gate travel to the designed fully open and closed positions.

(b) Positive stops or devices shall be constructed, installed and maintained by a qualified person to resist impact loads in order to safely contain sliding gate components within the designed stop limits.

(c) Employees responsible for operating or inspecting horizontal sliding gates shall be instructed in the safe operation of such gates.

(d) Repairs to gate hardware shall only be performed by a qualified person.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-23-2007; operative 11-22-2007 (Register 2007, No. 43).

§3325. Tire Inflation.

Note • History

(a) Tire inflation shall be accomplished by means of a clip-on chuck with a minimum 24-inch length hose to an in-line foot or hand valve and gauge. A clip-on chuck and an in-line regulator (factory preset at 40 psi maximum for passenger car tires) or a restraining device may be used as an equivalent.

Exceptions: (1) Automatic tire inflation machines that inflate the tire in a pressurized chamber through the bead seat annulus.(2) Where passenger car or truck tires are serviced at the same facility, an adjustable in-line regulator is allowed as long as the regulator pressure is properly set in each case.

(b) Tire inflation control valves shall automatically shut off the air flow when the valve is released by the operator or be of the preset regulator type.

(c) Specific employee instruction shall be provided which will ensure the employee makes the correct tire to rim size match prior to inflating the tire.

(d) Tires shall not be inflated to more than the inflation pressure recommended by the manufacturer.

(e) Unless otherwise recommended by the manufacturer, tires shall not be inflated beyond a maximum of 40 psi to seat the beads. During inflation, tire beads shall be inspected for proper seating at intervals not to exceed 20 psi. Tires not properly seated at 40 psi, or at the maximum psi recommended by the manufacturer, shall be completely deflated before making the adjustment of the tire, rim or wheel components. Except as permitted in Section 3326, tires shall be in a restraint device when seating the beads.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-21-72; effective thirtieth day thereafter (Register 72, No. 26).

2. New subsection (d) filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).

3. Amendment filed 11-28-80; effective thirtieth day thereafter (Register 80, No. 48).

4. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

5. Amendment of section heading and new subsections (c)-(d) filed 8-27-93; operative 9-27-93 (Register 93, No. 35).

6. Amendment of section heading and subsection (a) and new subsection (e) filed 8-27-97; operative 9-26-97 (Register 97, No. 35).

7. Change without regulatory effect amending section heading filed 10-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 44).

§3326. Servicing Single, Split and Multi-Piece Rims or Wheels.

(a) Scope. This section applies to the servicing of single, split, and multi-piece rims or wheels used on vehicles such as forklifts, industrial tractors, trucks, tractors, trailers, busses, and off-road machines.

Exception: Automobile or light truck tires (“LT”) used on light pickups and vans utilizing single piece rims or wheels when a hold-down cone type tire inflation system is used in accordance with the recommendations of the tire manufacturer.

(b) Definitions.

Barrier. A fence, wall or other structure or object placed between a single, split or multi-piece rim or wheel and employee during tire inflation, to contain the rim wheel components in the event of a sudden release of the contained air from the single, split or multi-piece rim or wheel.

Installing a rim wheel. The transfer and attachment of an assembled rim wheel onto a vehicle axle hub. Removing means the opposite of installing.

Mounting a Tire. The assembly or putting together the wheel and tire components to form a rim wheel, including inflation. Demounting means the opposite of mounting a tire.

Multi-piece rim or wheel. A vehicle rim or wheel consisting of two or more parts, one of which is a side or locking ring designed to hold the tire on the rim or wheel by interlocking components when the tire is inflated.

Restraining device. An apparatus such as a cage, rack, or assemblage of bars and other components that will constrain all rim wheel components during an explosive separation of a split rim wheel, multi-piece rim wheel or during the sudden release of the contained air of a single piece rim wheel.

Rim manual. A publication or chart containing instructions, and safety precautions from the manufacturer or other qualified organization for correct mounting and demounting of tires and safety precautions for the type of rim or wheel being serviced.

Rim wheel. An assemblage of tire, tube and liner, where appropriate, and wheel components.

Single piece rim or wheel. A vehicle rim or wheel consisting of one part, designed to hold the tire on the rim or wheel when the tire is inflated.

Split rim (divided) wheel. A vehicle wheel or rim where the inner section and outer section are assembled back to back and secured by bolts and nuts or other fastening devices. The outer section has additional holes that align to the vehicle wheel studs and are secured to the wheel hub with nuts or other approved means of fastening the wheel to the vehicle hub.

Trajectory. Any potential path or route that a rim wheel component may travel during an explosive separation, or the sudden release of the pressurized air. See Appendix A.

(c) Employee Training. The employer shall establish a training program which shall include, as a minimum, the following elements:

(1) The Accident Prevention Program of Section 3203(a).

(2) The employer shall assure that each employee understands, demonstrates and maintains the ability to service single, split and multi-piece rims or wheels safely, including performance of the following tasks:

(A) Demounting of tires (including deflation).

(B) Inspection and identification of the rim wheel components.

(D) Use of other equipment required by this section.

(E) Inflation of the tire when a single piece rim wheel is installed on a vehicle.

(F) An understanding of the necessity of standing outside the trajectory both during inflation of the tire and during inspection of the rim wheel following inflation.

(G) Installation and removal of rim wheels from the vehicle.

(d) Restraining Devices. A safety tire rack, cage, or equivalent protection shall be provided and used when inflating mounted tires installed on single piece, split rim or rims equipped with locking rings or similar devices.

Exceptions: (1) Single piece rims or wheels when installed on the vehicle with the lug nuts fully tightened. (2) If a tire on a vehicle is under-inflated but has more than 80% of the manufacturer's recommended load chart pressure, the tire may be inflated while the wheel is on the vehicle provided remote control inflation equipment is used, and employees remain outside the trajectory path during the inflation process.

(e) Restraining devices shall comply with the following requirements:

(1) Each restraining device or barrier shall have the capacity to withstand the force that would be transferred to it during rim or wheel separation occurring at 150 percent of the maximum tire specification pressure for the type of rim or wheel being serviced.

(2) Restraining devices and barriers shall be capable of preventing the rim or wheel components from being thrown outside or beyond the device or barrier for any rim or wheel positioned within or behind the device.

(f) Care and Maintenance of Restraining Devices.

(1) Restraining devices and barriers shall be visually inspected prior to each day's use and after any separation of the rim wheel components. Any restraining device or barrier exhibiting damage such as the following defects shall be immediately removed from service:

(A) Cracks at welds;

(B) Cracked or broken components;

(D) Pitting of components due to corrosion;

(E) Restraining devices or barriers requiring structural repair such as component replacement or rewelding shall be removed from service until they are repaired by either the manufacturer or a California certified welder in accordance with Section 3326(e).

(g) Wheel Servicing and Mounting.

(1) There shall be available in the service area a current split and multi-piece Rim or Wheel Matching Chart, a Typical Rim Contours & Marking Location Chart, and current Rim Manual containing instructions for the proper tools recommended for the type of rim or wheel being serviced.

Note: Other publications providing at least the same instructions, safety precautions and other information contained in the charts may be used provided the publications are readily available for reference by employees.

(2) The employer shall furnish and assure that only tools recommended in the rim manual for the type of rims or wheels being serviced are used.

(3) Single, split and multi-piece rim or wheel components shall be inspected prior to assembly. Any rim or wheel or rim or wheel component which has been rendered unfit by being bent out of shape, pitted from corrosion, broken, or cracked shall not be used and shall be marked or tagged unserviceable and removed from the service area. Damaged or leaky valves shall be replaced.

(4) Before making any repairs or welds on rims or wheels, the tire shall be removed and remain off the rim or wheel until the repair is complete and any welds have returned to ambient temperature. Any repair involving welding on the rim or wheel or any of its components shall only be done in accordance with the manufacturer's specifications.

(h) Demounting Tires.

(1) Split and multi-piece rim tires shall be completely deflated by removing the valve core. A wire or equivalent device shall be inserted into the center of the valve stem to ensure no obstruction exists that would prevent complete deflation, before removal of the wheel from the axle.

Note: This does not apply to tires on rim wheel assemblies with no obvious or suspected damage to any rim wheel components or the tire.

(2) No heat shall be applied to a single, split or multi-piece wheel or wheel component except that frozen or broken lug nuts may be cut off after the tire is completely deflated.

Note: Subjecting wheels to excessive heat may result in structural deficiencies. Therefore, care shall be exercised while cutting off lug nuts to avoid excessive heating of the wheel. Wheels subjected to prolonged heating shall be removed from service.

(3) Tires shall be completely deflated by removal of the valve core before demounting.

(i) Mounting Tires and Inflation.

(1) Mounting and demounting of the tire:

(A) Shall be done only from the narrow ledge side of the wheel.

(B) Care shall be taken to avoid damaging the tire beads while mounting tires on wheels.

(2) Rim flanges, rim gutters, rings, bead seating surfaces and the bead areas of tire shall be free of any dirt, surface rust, scale or loose or flaked rubber build-up prior to mounting and inflation.

(3) Wheel component acceptability. Multi-piece wheel components shall not be interchanged except as provided in the charts or in the applicable rim manual.

(4) Prior to assembly the size (bead diameter and tire and/or wheel widths) and type of both the tire and wheel shall be checked and incompatible parts shall not be assembled.

(5) Non-flammable rubber lubricant shall be applied to bead and rim mating surfaces before assembly of the rim or wheel unless the tire or wheel manufacturer recommends against it.

(6) Tires shall be inflated in accordance with Section 3325.

(7) If a bead expander is used, it shall be removed before the valve core is installed and as soon as the rim or wheel becomes airtight (the tire bead slips onto the bead seat).

(8) Employees shall be instructed not to take a position over the tire during inflation and to remain outside the trajectory.

(9) Except as permitted in Section 3326(i)(10), tires shall not be inflated when any flat, solid surface is in the trajectory and within one foot of the sidewall.

(10) Tires may be inflated outside a restraining device to a pressure that shall not exceed 5 pounds per square inch (psi) to force the tire bead onto the rim ledge and create an airtight seal and/or to assist the seating of the lock rings.

Exception: Where higher pressures are recommended by the tire manufacturer.

(11) Whenever a single, split or multi-piece rim wheel is in a restraining device, employees shall be instructed not to rest or lean any part of their body or equipment on or against the restraining device.

(12) Except during the operation described in Section 3326(i)(10) employees shall be instructed not to attempt to correct the seating of side and lock rings by hammering, striking, or forcing the components while the tire is pressurized.

(13) After tire inflation, the tire and rim or wheel components shall be inspected before removal from the restraining device to ensure that they are properly seated and locked. If further adjustment is necessary, the tire shall be deflated by removal of the valve core before the adjustment is made.

Appendix A

Embedded Graphic 08.0377

Note: Employees shall avoid taking a position over the tire except during the operation described in Section 3326(i)(10).

(j) Installation/Removal of Rim Wheels from Vehicle Axles.

Tires on unusable or damaged rim wheels shall be completely deflated by removal of the valve core. A wire or equivalent device shall be inserted into the center of the valve stem to ensure no obstruction exists that would prevent complete deflation, before rims are removed from the axle.

Note: Tires on rim wheels with no obvious or suspected damage to the rim wheel or tire are not required to be deflated prior to removal from the axle.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-21-72; effective thirtieth day thereafter (Register 72, No. 26).

2. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

3. Amendment filed 10-16-86; effective thirtieth day thereafter (Register 86, No. 42).

4. Amendment filed 7-2-87; operative 8-1-87 (Register 87, No. 28).

5. Repealer of subsection (h)(12) and subsection renumbering filed 8-27-93; operative 9-27-93 (Register 93, No. 35).

6. Amendment filed 8-27-97; operative 9-26-97 (Register 97, No. 35).

7. Change without regulatory effect providing more legible figures 1-3 within appendix A filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix A

Embedded Graphic 08.0378

Note: Employees shall avoid taking a position over the tire except during the operation described in Section 3326(h)(10).

(i) Installation/Removal of Rim Wheels from Vehicle Axles.

Unserviceable rim wheels shall be completely deflated by removal of the valve core before they are removed from the axle.

Note: Serviceable rim wheels are not required to be deflated prior to removal from the axle.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-21-72; effective thirtieth day thereafter (Register 72, No. 26).

2. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

3. Amendment filed 10-16-86; effective thirtieth day thereafter (Register 86, No. 42).

4. Amendment filed 7-2-87; operative 8-1-87 (Register 87, No. 28).

5. Repealer of subsection (h)(12) and subsection renumbering filed 8-27-93; operative 9-27-93 (Register 93, No. 35).

§3327. Safe Practice for Mounting and Inflating Tires with Split Rim and/or Retainer Rings.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-21-72; effective thirtieth day thereafter (Register 72, No. 26).

2. Amendment filed 11-28-80; effective thirtieth day thereafter (Register 80, No. 48).

3. Repealer filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3328. Machinery and Equipment.

Note • History

(a) Machinery and equipment shall be of adequate design and shall not be used or operated under conditions of speeds, stresses, or loads which endanger employees.

(b) Machinery and equipment in service shall be inspected and maintained as recommended by the manufacturer where such recommendations are available.

(d) Machinery and equipment designed for a fixed location shall be restrained so as to prevent walking or moving from its location.

(e) Machinery and equipment components shall be designed and secured or covered (or both) to minimize hazards caused by breakage, release of mechanical energy (e.g., broken springs), or loosening and/or falling unless the employer can demonstrate that to do so would be inconsistent with the manufacturer's recommendations or would otherwise impair employee safety.

(f) Any modifications shall be in accordance with (a) and with good engineering practice.

(g) Machinery and equipment in service shall be maintained in a safe operating condition.

(h) Only qualified persons shall be permitted to maintain or repair machinery and equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1, 1-6-79).

3. Amendment of subsection (b) and new subsection (g) filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).

4. New subsection (h) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

5. Amendment of subsection (e) filed 3-7-2011; operative 4-6-2011 (Register 2011, No. 10).

§3329. Pipe Lines.

Note • History

(a) Pipe lines containing hot, poisonous, corrosive or flammable substances shall be supported and maintained so as to prevent dangerous vibration under normal operating conditions.

(b) All pressure piping shall be designed, constructed, installed, and maintained in accordance with good engineering practice. Piping which meets the requirements of the applicable ANSI B31 standard shall be considered as providing reasonable safety.

(c) Leaks from pipe lines, piping or from other equipment shall be stopped if employees are endangered by the liberated liquids, gases or vapors. If hazardous leakage cannot be stopped during plant operation, diversion shields, or other effective means, shall be installed to protect the work area and employees involved.

(d) When dismantling or opening closed pressurized or gravity fed systems, internal pressure shall be relieved or other methods utilized to prevent sudden release of pressure or spraying of liquid.

Note: Extreme care shall be taken to prevent the build-up of excessive internal pressure if external heat is used to free solid blockages within liquid pipe lines.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (b) and new subsections (c) and (d) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

§3330. Special Handtools.

Note • History

(a) Special handtools for placing and removing material shall be such as to permit easy handling of material without the operator placing a hand in the danger zone. Such tools shall not be in lieu of other guarding required by these orders, but can only be used to supplement protection provided.

(b) Only cutting tools shall be used to cut metal strapping or banding used to secure cargo.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3331. Curbs or Rails on Docks, Wharves, or Piers. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-18-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Repealer filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3332. Railcar Movement.

Note • History

(a) Derail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could contact other cars being worked, or enter a building, or work or traffic area.

Note: Derails, if used, shall be placed where their use will not increase the danger to workers.

(b) Controls to safeguard personnel during railcar movement shall be instituted.

(c) If winches or capstans are employed for movement, employees shall stand clear of the hauling rope and shall not stand between the rope and the cars.

(d) Warning signs shall be posted where doorways open onto tracks, at blind corners and at similar places where vision may be restricted.

(e) Recessed railroad switches shall be enclosed to provide a level surface.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84. No. 50).

3. Editorial correction of section heading printing error (Register 85, No. 19).

§3333. Blue Stop Signs, Blue Flags and Blue Lights.

Note • History

(a) The employer shall provide blue stop signs (signs) or blue flags for use by day, and in addition, blue lights for use if night work is necessary, and cause them to be displayed before employees are permitted to work in, upon, or under any standing railroad car or cars under conditions where unanticipated movement or disturbance of such car or cars might endanger employees or equipment.

Exception: Railroad cars on portions of industrial tracks served by common carrier railroad corporations shall be provided with protective signs and lights as required by the operating railroad's rules filed with the Public Utilities Commission pursuant to their General Order 108.

(b) The cars shall be adequately secured by positive mechanical brakes, blocking or chocking of wheels or other means that will prevent their movement. Blocks or chocks shall be stored out of the track area when not in use.

(c) Required signs, blue flags, and blue lights shall be placed on the track at a height of 3 to 5 feet and not less than 10 feet from either or both ends of the cars as necessary to afford protection and in such position as to provide a clear and unobstructed view of the signs, flags and lights from any approaching railroad equipment.

(d) Required signs, blue flags, and blue lights shall be placed and removed by one of the employees working in and about the car. This employee shall be selected, instructed and directed by the employer in the safe procedures involved in placing and removing the signs, flags and lights.

(e) Blue stop signs shall be of substantial material not less than 12 inches by 15 inches in size and shall bear the word “STOP” in letters not less than 4 inches in height. Other words may be placed thereon in letters not less than 2 inches in height. The letters shall be white on a blue background.

(f) Signs, blue flags and blue lights shall be mounted suitably for proper display.

(g) Signs, blue flags and blue lights shall be maintained so as to assure effective display and shall be available to enable compliance with this order.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Repealer and new section filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 10).

3. Amendment of section heading and section filed 10-28-2009; operative 11-27-2009 (Register 2009, No. 44).

§3334. Working on or Around Railway Cars.

Note • History

(a) Before working on or around railway cars at loading docks or dumping facilities, or on sidings, the following items shall, where appropriate, be checked and employees shall be advised of potential hazards.

(1) Before opening or closing doors on freight cars or gondola type bottom dumping cars the doors shall be inspected to assure that the doors will not fall off the car and endanger employees.

(2) Before being opened fully, doors shall be opened slightly to ensure that the load has not shifted during transit. Special precautions shall be taken if the doors being opened are visibly damaged.

(3) Material or equipment being loaded on, or off-loaded from box cars or flat cars shall be secured from falling out of or off the car where employees may be endangered.

(4) Before inverting gondola type cars in dumping mechanisms the coupling hinge pins shall be secured against falling out of the coupling.

(5) Operators of railcar dumps shall have an unrestricted view of dumping operations and shall have emergency means of stopping movement.

(6) Before loading or dumping multiple hopper gondola cars, the manufacturer's instructions shall be checked to see that the proper sequence in loading or dumping is followed.

(7) Railcars shall be chocked or otherwise prevented from moving:

(A) While dockboards or carplates are in position; or

(B) While employees are working within, on or under the railcars or near the tracks at the ends of the cars.

(8) Work shall be performed in railcars only if floors of the railcars are in visibly safe condition for the work activity being conducted and equipment being used.

(9) The employer shall direct that no employees remain in railcars after work is concluded.

(10) A route shall be established to allow employees to pass to and from places of employment without passing under, over or through railcars, or between cars less than 10 feet (3 meters) apart on the same track.

(b) When repairing or disassembling railway cars, provision shall be made to prevent the car or its components from getting into an unstable condition where they might fall and endanger employees.

(d) Before cars are moved, unsecured and overhanging stakes, wire straps, banding and similar objects shall be removed or placed so as not to create hazards.

(e) Employees shall not remain in or on gondolas or flat cars when drafts that create overhead, caught-in, caught-between or struck-by hazards are being landed in or on the railcars. End gates, if raised, shall be secured.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3335. Railroad Ramping and Deramping Yards.

Note • History

(a) Traffic patterns used for vehicle travel within railroad ramping and deramping yards shall be well-defined and the direction of traffic clearly indicated or controlled as necessary by one or more of the following methods as appropriate under the circumstances: a supervised program of traffic control, written and published (posted) administrative directives, signs, markers, site maps, etc.

(b) During switching operations in the ramping and deramping yard, signal devices, such as those listed in (1), (2), and (3) below, shall provide visual warning of the approach of railroad equipment. These signals shall be readily visible to persons working on or around railroad cars in the area of hazards created by train movement, to pedestrians, and to vehicle operators at track crossings.

Exception: Conventional circus ramp locations where the operation does not involve vehicular rail crossing.

Note: A signal device may be one of the following, or a device, system, or method which will provide equal assurance of warning:

1. A rotating (amber) warning light to be manually actuated by the person authorized to remove the blue flag.

2. A fixed rotating (amber) warning light to be automatically actuated when the blue flag is taken down.

3. In security yards where the gates are normally closed, a signal light which is interlocked with the gates and is automatically actuated when the gates are opened.

NOTE TO SECTION 3335: This section applies as provided in Labor Code Sections 6800, 6801 and 6802.

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).

§3336. Loading Dock Operations.

Note • History

(a) Trucks, trailers, and railcars boarded by powered industrial trucks during loading dock operations shall be secured against unintended movement as specified in subsections 3650(t)(22) and (23).

(b) The employer shall establish and enforce a system to prevent trucks, trailers or railcars from pulling away from the loading dock before the loading or unloading operation is completed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-25-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Repealer and new section filed 2-13-2009; operative 3-15-2009 (Register 2009, No. 7).

§3337. Dock Plates and Loading Ramps.

Note • History

(a) Every dock plate and loading ramp shall be constructed and maintained with strength sufficient to support the load carried thereon.

(b) Dock plates or loading ramps shall be secured in position when spanning the space between the dock or unloading area and the vehicle. The dock plate or loading ramp, together with its securing devices, where used over spans of different lengths, shall be of such construction as will readily obtain rigid security over such spans.

(c) The dock plates or loading ramps shall be so constructed and maintained that when they are secured in position the end edges of the plate or loading ramp shall be in substantial contact with the dock or loading area and with the vehicle bed in such a manner as to prevent rocking, or sliding.

(d) Adequate and safe means shall be provided for moving dock plates and loading ramps.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 3664 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Amendment filed 10-10-80; effective thirtieth day thereafter (Register 80, No. 41).

3. Editorial correction of History Note No. 1 (Register 81, No. 49).

§3338. Pallets.

History

(a) Pallets shall be constructed and maintained with strength adequate for the loads being handled. Unsafe and defective parts shall be repaired or replaced. Pallets upon which employees customarily walk in the course of the employment shall have no surface openings whose maximum dimension exceeds 2 inches.

HISTORY

1. Amendment filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Renumbering from Section 3665 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 23).

§3339. Cargo, Materials, or Equipment.

History

(a) Cargo, materials or equipment found sufficiently broken or damaged as to afford a hazard shall be immediately repaired or shall be set aside at a safe distance away from the working area so that it can be repaired.

(b) Safe means of access to high piles of materials or equipment shall be provided.

HISTORY

1. Renumbering from Section 3666 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 23).

§3340. Accident Prevention Signs.

Note • History

(a) Scope.

(1) These specifications apply to the design, application, and use of signs or symbols intended to indicate and, insofar as possible, to define specific hazards of a nature such that failure to designate them may lead to accidental injury to workers or the public, or both, or to property damage. These specifications are intended to cover all safety signs except those designed for streets, highways, railroads, and marine regulations. These specifications do not apply to plant bulletin boards or to safety posters.

(2) All new signs and replacements of old signs shall be in accordance with these specifications.

(3) All temporary construction signs and symbols required by this section shall be visible at all times when work is being performed and shall be removed or covered promptly when the hazards no longer exist.

(b) Definitions. As used in this section, the word “sign” refers to a surface on which letters or other markings appear, prepared for the warning of, or safety instruction of, industrial workers or members of the public who may be exposed to hazards. Excluded from this definition, however, are news releases, displays commonly known as safety posters, and bulletins used for employee education.

(1) Danger signs.

(A) Danger signs shall be used only where an immediate hazard exists.

(B) All employees shall be instructed that danger signs indicate immediate danger and that special precautions are necessary.

(2) Warning signs.

(A) Warning signs shall be used to indicate a potentially hazardous situation which, if not avoided, could result in death or serious injury.

(B) All employees shall be instructed that warning signs indicate a potentially hazardous situation that could result in death or serious injury.

(3) Caution signs.

(A) Caution signs shall be used only to warn against potential hazards or to caution against unsafe practices.

(B) All employees shall be instructed that caution signs indicate a possible hazard against which proper precaution should be taken.

(4) General safety signs. General safety signs shall be used where there is a need for general instructions and suggestions relative to safety measures.

(5) Biological hazard signs. The biological hazard warning shall be used to signify the actual or potential presence of a biohazard and to identify equipment, containers, rooms, material, experimental animals, or combinations thereof, which contain, or are contaminated with, viable hazardous agents. For the purpose of this subsection the term “biological hazard,” or “biohazard,” shall include only those infectious agents presenting a risk or potential risk to the well-being of employees.

(d) Sign design.

(1) All signs shall be furnished with rounded or blunt corners and shall be free from sharp edges, burrs, splinters, or other sharp projections. The ends or heads of bolts or other fastening devices shall be located in such a way that they do not constitute a hazard.

(2) Danger signs shall consist of the colors red, black, and white only and shall be approved as defined in Section 3206 of these orders.

(3) Warning signs. Warning signs shall comply with either one of the following:

(A) They shall have the signal word “WARNING” in black letters on a rectangular orange background placed at the top of the sign. The safety alert symbol (a triangle with sides of equal length surrounding an exclamation mark) shall precede the signal word and it shall be on the same horizontal line as the base of the letters of the signal word; or

(B) They shall have the signal word “WARNING” in black letters within a safety orange truncated diamond on a black rectangular background.

(4) Caution signs. Standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black. Caution signs shall be approved as defined in Section 3206 of these orders.

(5) General safety signs. Standard color of the background shall be white; and the panel, green with white letters. Any letters used against the white background shall be black. General safety signs shall be approved as defined in Section 3206 of these orders.

(6) Slow-moving vehicle emblem. This emblem consists of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle is a highly visible color for daylight exposure. The reflective border defines the shape of the fluorescent color in daylight and creates a hollow red triangle in the path of motor vehicle headlights at night. The emblem is intended as a unique identification for, and it shall be used only on, vehicles which by design move slowly (25 m.p.h. or less) on the public roads. The emblem is not a clearance marker for wide machinery nor is it intended to replace required lighting or marking of slow-moving vehicles. Neither the color film pattern and its dimensions nor the backing shall be altered to permit use of advertising or other markings. The material, location, mounting, etc., of the emblem shall be in accordance with the Society of Automotive Engineers, Inc., Standard, SAE J943-1993, Slow-Moving Vehicle Identification Emblem.

Embedded Graphic 08.0379

NOTE: All dimensions are in inches

Slow-Moving Vehicle Emblem

(7) Biohazard symbol. The biohazard symbol design shall be fluorescent orange or orange-red color. Background color is optional as long as there is sufficient contrast for the symbol to be clearly defined. Appropriate wording may be used in association with the symbol to indicate the nature or identity of the hazard, name of individual responsible for its control, precautionary information, etc., but this information shall not be superimposed on the symbol.

(e) Sign wordings. The wording of any sign shall be easily read and concise. The sign shall contain sufficient information to be easily understood. The wording shall make a positive, rather than negative suggestion and shall be accurate in fact.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former section 6003 to new section 3340 and amendment of section filed 2-5-97; operative 3-7-97 (Register 97, No. 6).

2. New subsections (c)(2)-(c)(2)(B) and (d)(3)-(d)(3)(C) and subsection renumbering filed 11-8-2001; operative 12-8-2001 (Register 2001, No. 45).

3. Change without regulatory effect providing more legible illustration of dimensions of Slow Moving Vehicle Emblem filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

§3341. Accident Prevention Tags.

(a) Scope and application. This section applies to all accident prevention tags used to identify hazardous conditions and provide a message to employees with respect to hazardous conditions as set forth in subsection (c) of this section, or to meet the specific tagging requirements of other standards.

Exception: This section does not apply to construction, maritime or agriculture.

(b) Definitions. “Biological hazard” or “BIOHAZARD” means those infectious agents presenting a risk of death, injury or illness to employees.

“Major message” means that portion of a tag's inscription that is more specific than the signal word and that indicates the specific hazardous condition or the instruction to be communicated to the employee. Examples include: “High Voltage,” “Close Clearance,” “Do Not Start,” or “Do Not Use” or a corresponding pictograph used with a written text or alone.

“Pictograph” means a pictorial representation used to identify a hazardous condition or to convey a safety instruction.

“Signal word” means that portion of a tag's inscription that contains the word or words that are intended to capture the employee's immediate attention.

“Tag” means a device usually made of card, paper, pasteboard, plastic or other material used to identify a hazardous condition.

(c) Use. Tags shall be used as a means to prevent accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment or operations which are out of the ordinary, unexpected or not readily apparent. Tags shall be used until such time as the identified hazard is eliminated or the hazardous operation is completed. Tags need not be used where signs, guarding or other positive means of protection are being used.

(d) General Tag Criteria. All required tags shall meet the following criteria:

(1) Tags shall contain a signal word and a major message.

(A) The signal word shall be either “Danger,” “Caution,” or “Biological Hazard,” “BIOHAZARD,” or the biological hazard symbol.

(B) The major message shall indicate the specific hazardous condition or the instruction to be communicated to the employee.

(2) The signal word shall be readable at a minimum distance of five feet or such greater distance as warranted by the hazard.

(3) The tag's major message shall be presented in either pictographs, written text or both.

(4) The signal word and the major message shall be understandable to all employees who may be exposed to the identified hazard.

(5) All employees shall be informed as to the meaning of the various tags used throughout the workplace and what special precautions are necessary.

(6) Tags shall be affixed as close as safely possible to their respective hazards by a positive means such as string, wire, or adhesive that prevents their loss or unintentional removal.

(e) Danger Tags. Danger tags shall only be used in major hazard situations where an immediate hazard presents a threat of death or serious injury to employees.

(f) Caution Tags. Caution tags shall only be used in minor hazard situations where a non-immediate or potential hazard or unsafe practice presents a lesser threat of employee injury.

(g) Warning Tags. Warning tags may be used to represent a hazard level between “Caution” and “Danger,” instead of the required “Caution” tag, provided that they have a signal word of “Warning,” an appropriate major message, and otherwise meet the general tag criteria of subsection (d) of this section.

(h) Biological Hazard Tags. Biological hazard tags shall be used to identify the actual or potential presence of a biological hazard and to identify equipment, containers, rooms, experimental animals, or combinations thereof, that contain or are contaminated with hazardous biological agents.

(1) The symbol design for biological hazard tags shall conform to the design shown below:

Embedded Graphic 08.0380

Biological Hazard Symbol Configuration

(i) Other Tags. Other tags may be used in addition to those required by this section, or in other situations where this section does not require tags, provided that they do not detract from the impact or visibility of the signal word and major message of any required tag.

Appendix A

Recommended Color Coding For

Accident Prevention Tags

While this appendix does not specifically mandate colors to be used on accident prevention tags, the following color scheme is recommended for meeting the requirements of Section 3441:

“DANGER”--Red, or predominantly red, with lettering or symbols in a contrasting color.

“CAUTION”--Yellow, or predominantly yellow, with lettering or symbols in a contrasting color.

“WARNING”--Orange, or predominantly orange, with lettering or symbols in a contrasting color.

“BIOLOGICAL HAZARD”--Fluorescent orange or orange-red or predominantly so, with lettering or symbols in a contrasting color.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of former section 6004 and accompanying Appendix A to new section 3341 and Appendix A and amendment of Appendix A filed 2-5-97; operative 3-7-97 (Register 97, No. 6).

2. Change without regulatory effect providing more legible illustration of Biological Hazard Symbol Configuration filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Article 8. Labor Camps

§3350. Labor Camp Permits.

Note • History

Every employer operating a labor camp under the provisions of the California Employee Housing Act shall obtain a valid permit issued by the Department of Housing and Community Development or by a local governmental agency authorized to issue such permits by the Department. The employer shall either post or have available a valid and current permit.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 17030, Health and Safety Code.

HISTORY

1. New Article 8 (Section 3350) filed 3-25-77 as an emergency; effective upon filing (Register 77, No. 13).

2. Certificate of Compliance filed 5-27-77 (Register 77, No. 22).

3. Editorial correction of NOTE filed 7-15-83 (Register 83, No. 30).

Article 9. Sanitation

§3360. Scope and Application.

Note • History

This article applies to all places of employment.

Exception:
Mobile crews or normally unattended work locations provided employees have readily available potable water for drinking, and readily available transportation or other effective arrangements to nearby toilet and washing facilities.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

2. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

3. Amendment filed 5-9-91; operative 6-8-91 (Register 91, No. 25).

4. Editorial correction of HISTORY 3. (Register 91, No. 45).

§3361. Definitions.

Note • History

Lavatory. A plumbing fixture used for washing the hands, arms, face and head. (Title 24, Part 5, Section 5-113).

Number of employees. The maximum number of employees present at any one time on a regular shift. (Title 24, Part 5, Section 5-115).

Personal Service Room. A room which is not directly connected with the production or service function performed by the establishment. Such rooms may include, but are not limited to, first aid or medical rooms, toilet rooms, change rooms, wash rooms, shower rooms, kitchens and lunch rooms. (Title 24, Part 5, Section 5-117).

Potable Water. Potable water is water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the health authority having jurisdiction. (Title 22, California Code of Regulations, Division 4, Chapter 15)

Toilet. A fixture, maintained within a toilet room, which may be used for defecation or urination, or both. (Title 24, Part 5, Section 5-121)

Toilet Room. A room within or on the premises containing water closets, urinals and other required facilities. (Title 24, Part 5, Section 5-121)

Toxic Material. A material in concentration or amount which exceeds the applicable limit established by a standard, such as Section 5155, 5208 or 5209 of Title 8, CAC or, in the absence of an applicable standard, which has the capacity to produce personal injury or illness to persons through ingestion, inhalation, or absorption through any body surface. (Title 24, Part 5, Section 5-121)

Urinal. A plumbing fixture which is used only for urination. (Title 24, Part 5, Section 5-122)

Water Closet. A plumbing fixture (which may be used for both defecation and urination) in which the waste matter is removed by flushing with water. (Title 24, Part 5, Section 5-124)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 9 (Sections 3361-3376) filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (b) filed 9-19-80 as procedural and organizational; effective thirtieth day thereafter (Register 80, No. 38).

4. Repealer and new section filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

5. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

6. Amendment of definition of “Potable Water” filed 1-18-2012; operative 1-18-2012 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2012, No. 3).

§3362. General Requirements.

Note • History

(a) To the extent that the nature of the work allows, workplaces, storerooms, personal service rooms and passageways shall be kept clean, orderly and in a sanitary condition. The interiors, exteriors and environs of buildings that contribute to a hazard to which these orders apply shall be cleaned and maintained in such conditions as will not give rise to harmful exposure, as defined in Section 5140.

(b) Cleaning and sweeping shall be done in such a manner as to minimize the contamination of the air and, insofar as is practicable, shall be performed at such time and in such a manner that will avoid harmful exposures as defined in Section 5140.

(c) To facilitate cleaning, every floor, workroom, personal service room and passageway shall be kept free from protruding nails, splinters, loose boards and unnecessary holes and openings.

(d) All putrescible waste or refuse shall be stored in a receptacle so constructed that it does not leak and may be conveniently and thoroughly cleaned. Such a receptacle shall be maintained in a sanitary condition and shall be equipped with a tight fitting cover if it cannot be maintained in a sanitary condition without one. (This provision does not prohibit the use of receptacles which are designed to permit the maintenance of a sanitary condition without regard to the above requirements.)

(e) All sweepings, putrescible wastes, refuse and garbage shall be removed in such a manner as to avoid creating a nuisance and shall be removed as often as necessary to avoid creating a menace to health through the development of unsanitary conditions.

(f) Every enclosed workplace and personal service room shall be equipped and maintained, insofar as is practicable, to prevent the entrance or harborage of insects, rodents or other vermin. An effective program of extermination and control shall be instituted whenever their presence is detected.

(g) When exterior water intrusion, leakage from interior water sources, or other uncontrolled accumulation of water occurs, the intrusion, leakage or accumulation shall be corrected because of the potential for these conditions to cause the growth of mold.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsections (a) and (b) filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).

3. Amendment of subsection (f) filed 1-17-86; effective thirtieth day thereafter (Register 86, No 3).

4. New subsection (g) filed 8-5-2002; operative 9-4-2002 (Register 2002, No. 32).

§3363. Water Supply.

Note • History

(a) Potable water in adequate supply shall be provided in all places of employment for drinking and washing and, where required by the employer of these orders, for bathing, cooking, washing of food, washing of cooking and eating utensils, washing of food preparation or processing premises, and personal service rooms. (Title 24, Part 5, Section 5-1001; Exception No. 2: (b))

(b) All sources of drinking water shall be maintained in a clean and sanitary condition. Drinking fountains and portable drinking water dispensers shall not be located in toilet rooms. (Title 24, Part 5, Section 5-1001; Exception No. 2: (c))

(c) Portable drinking water dispensers shall be equipped with a faucet or drinking fountain, shall be capable of being tightly closed and shall be otherwise designed, constructed and serviced so that sanitary conditions are maintained. Such dispensers shall be clearly marked as to their contents.

(d) The dipping or pouring of drinking water from containers, such as from barrels, pails or tanks, is prohibited regardless of whether or not the containers are fitted with covers.

(e) The common use of a cup, glass or other vessel for drinking purposes is prohibited.

(f) Nonpotable water shall not be used for drinking, washing, or bathing, washing of clothing, cooking, washing of food, washing of cooking or eating utensils, washing of food preparation or processing premises or other personal service rooms. (Title 24, Part 5, Section 5-1012 (a))

(g) Outlets for nonpotable water, such as water for industrial or fire-fighting purposes, shall be posted in a manner understandable to all employees to indicate that the water is unsafe and shall not be used for drinking, washing, cooking or other personal service purposes. (Title 24, Part 5, Section 5-1012 (c))

(h) Nonpotable water systems or systems carrying any other nonpotable substance shall be installed so as to prevent backflow or back-siphonage into a potable water system. (Title 24, Part 5, Section 5-1012 (b))

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer of subsections (c), (e), (h) and consecutive relettering of subsections (d)-(k); effective thirtieth day thereafter (Register 81, No. 4).

3. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

§3364. Sanitary Facilities.

Note • History

(a) Separate toilet facilities shall be provided for each sex according to the following table:

Minimum Number of

Number of Employees Water Closets*

1 to 15 1

16 to 35 2

36 to 55 3

56 to 80 4

81 to 110 5

111 to 150 6

over 150 1 additional for

each additional 40

employees or

fraction hereof.

*Urinals may be installed instead of water closets in toilet rooms to be used only by men provided that the number of water closets shall not be less than two-thirds of the minimum number of toilet facilities specified. The length of trough urinals to equivalent number of individual urinals shall be based on the following:

Equivalent Number of

Length of Trough Urinal Individual Urinals

24” 1

36” 2

48” 2

60” 3

72” 4

Exceptions:
(1) When there are less than five employees, separate toilet rooms for each sex are not required provided toilet rooms can be locked from the inside and contain at least one water closet. (Title 24, Part 5, Section 5-910 (a)(1))
(2) Employees engaged in hand-labor operations at agricultural establishments are subject to the sanitation provisions of Section 3457.

(b) Toilet facilities shall be kept clean, maintained in good working order and be accessible to the employees at all times. Where practicable, toilet facilities should be within 200 feet of locations at which workers are regularly employed and should not be more than one floor-to-floor flight of stairs from working areas. (Title 24, part 5, section 5-910(a)(1))

(c) All water-carried sewage shall be disposed of by means of either a public sewage system or by a sewage disposal system in conformance with applicable State and local laws, ordinances, and regulations. The sewage disposal method shall not endanger the health of employees.

(d) An adequate supply of toilet paper shall be provided for every water closet.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

3. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).

4. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

5. Repealer of EXCEPTION (2) and renumbering of EXCEPTION (3) to (2) filed 5-9-91; operative 6-8-91 (Register 91, No. 25).

6. Amendment of EXCEPTION (2) filed 12-23-91; operative 1-22-92 (Register 92, No. 12).

7. Editorial correction of printing error in subsection (a) table (Register 92, No. 33).

8. Editorial correction restoring inadvertently omitted subsection (d) (Register 93, No. 39).

9. Change without regulatory effect amending subsection (a)(2) filed 2-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 8).

§3365. Toilet Rooms.

Note • History

Each water closet shall occupy a separate compartment which shall be equipped with a door and door latch. The door and the walls or partitions between fixtures shall be sufficient to assure privacy. (Title 24, Part 5, Section 5-912(a))

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer and new section filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

3. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

§3366. Washing Facilities.

Note • History

(a) Washing facilities for maintaining personal cleanliness shall be provided in every place of employment. These facilities shall be reasonably accessible to all employees. (Title 24, Part 5, Section 5-910(a)2(A))

(b) Washing facilities shall be maintained in good working order and in a sanitary condition. (Title 24, Part 5, Section 5- 910(a)2(B))

Number of Minimum Number

Type of Employment Employees of Lavatories

Nonindustrial-office 1 to 15 1

buildings, public 16 to 35 2

buildings, and similar 36 to 60 3

establishments 61 to 90 4

91 to 125 5

over 125 1 additional for each additional 45 employees or fraction thereof.

Industrial-factories 1 to 100 1 for each 10

warehouses, loft employees.

buildings, and similar

establishments over 100 1 additional for each additional 15 employees or fraction

thereof.

In a multiple-use lavatory, 24 lineal inches of sink or 18 inches of circular basin, when provided with individual faucet, shall be considered equivalent to one lavatory.

Exception:
(1) Employees engaged in hand-labor operations at agricultural establishments are subject to the sanitation provisions of Section 3457.

(d) Each lavatory shall be provided with running water and suitable cleansing agents. The water shall be available at temperatures of at least 85o F in those instances where:

(1) Substances regulated as carcinogens in these orders are used; or

(2) Skin contact may occur with substances designated skin (S) in section 5155.

Note: This section does not prevent local health departments from enforcing more stringent standards contained in the Health and Safety Code for food handlers.

(e) Clean individual hand towels, or sections thereof, of cloth or paper or warm-air blowers convenient to the lavatories shall be provided. (Title 24, part 5, section 5-910(a)2(E))

(f) Where showering is required by the employer or these orders:

(1) Separate shower rooms shall be provided for each sex. One shower facility with hot and cold water feeding a common discharge line shall be provided for each ten employees, or numerical fraction thereof, who are required to shower during the same shift. When there are less than five employees, the same shower room may be used by both sexes provided the shower room can be locked from the inside. (Title 24, part 5, section 5-910(a)2(F))

(2) Body soap or other appropriate cleansing agents convenient to the shower shall be provided.

(3) Employees who use showers shall be provided with individual clean towels.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsection (e) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Amendment filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

4. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).

5. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

6. Repealer of EXCEPTION (2) and renumbering of EXCEPTION (2) to (1) filed 5-9-91; operative 6-8-91 (Register 91, No. 25).

7. Amendment of EXCEPTION and editorial correction of History 6. filed 12-23-91; operative 1-22-92 (Register 92, No. 12).

8. Editorial correction of printing error restoring inadvertently omitted subsections (f)(1)-(3) (Register 92, No. 26).

9. Editorial correction of printing error in subsection (d) (Register 92, No. 33).

§3367. Change Rooms.

Note • History

(a) Whenever employees are required to change from street clothes into protective clothing, change rooms equipped with storage facilities for street clothes and separate storage facilities for the protective clothing shall be provided.

(b) Where working clothes are provided by the employer and become wet or are washed between shifts, provision shall be made to ensure that such clothing is dry before reuse.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

§3368. Consumption of Food and Beverages.

Note • History

(a) Application. This Section shall apply only where employees are permitted to consume food or beverages, or both, on the premises.

(b) Prohibited Areas. Food and beverages shall not be stored or consumed in a toilet room or in an area where they may be contaminated by any toxic material.

EXEMPTION: Penal institution gun posts containing a water closet and lavoratory and only one occupant per shift.

(c) Waste Disposal Containers. Receptacles constructed of smooth, corrosion-resistant, easily cleanable or disposable materials shall be provided and used for the disposal of food waste. The number, size and location of such receptacles shall encourage their use and not result in over filling. Receptacles containing food waste shall be emptied not less than once each working day and shall be maintained in a clean and sanitary condition. They shall be provided with solid, tight-fitting covers unless sanitary conditions can be maintained without the use of covers.

(d) Food Handling/Service. All facilities providing food or beverage service for employees shall be operated in accordance with sound hygienic principles. Food shall be processed, prepared, handled, served and stored in such a manner as to be protected against contamination and spoilage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsections (b) and (d) filed 9-19-80; effective thirtieth day thereafter (Register 80, No. 38).

§3369. Public Health. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

§3370. Nonwater Carriage Disposal Systems. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

§3371. Privy Specifications. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

§3372. Chemical Toilet Specifications. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

§3373. Seepage Pit Construction. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

§3374. Combustion Toilet. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

§3375. Recirculating Toilet Specifications. [Repealed]

Note • History

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsection (a) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Repealer filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

§3376. Portable Toilet Construction. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

Article 10. Personal Safety Devices and Safeguards

§3380. Personal Protective Devices.

Note • History

(a) Protection where modified by the words head, eye, body, hand, and foot, as required by the orders in this article means the safeguarding obtained by means of safety devices and safeguards of the proper type for the exposure and of such design, strength and quality as to eliminate, preclude or mitigate the hazard.

Note: In order that safety devices or safeguards, which may include personal protective equipment, be acceptable as to proper type, design, strength and quality they shall be at least equivalent to those complying with the standards approved by The American National Standards Institute, Bureau of Standards, or other recognized authorities, except that where no authoritative standard exists for a safety device or safeguard, the use of such safeguard or safety device shall be subject to inspection and acceptance or rejection by the Division.

(b) Protective equipment shall be distinctly marked so as to facilitate identification of the manufacturer.

Exception: Employer manufactured shields, barriers, etc.

(c) The employer shall assure that the employee is instructed and uses protective equipment in accordance with the manufacturer's instructions.

(d) The employer shall assure that all personal protective equipment, whether employer-provided or employee-provided, complies with the applicable Title 8 standards for the equipment. The employer shall assure this equipment is maintained in a safe, sanitary condition.

(f) Hazard assessment and equipment selection.

(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall:

(A) Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;

(B) Communicate selection decisions to each affected employee; and,

Note: Non-mandatory Appendix A contains an example of procedures that would comply with the requirement for a hazard assessment.

(2) The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

(3) Defective and damaged equipment. Defective or damaged personal protective equipment shall not be used.

(4) Training. The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following:

(A) When PPE is necessary;

(B) What PPE is necessary;

(D) The limitations of the PPE; and,

(E) The proper care, maintenance, useful life and disposal of the PPE.

(5) Each affected employee shall demonstrate an understanding of the training specified in subsection (f)(4) of this section, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.

(6) When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by subsection (f)(5) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:

(A) Changes in the workplace render previous training obsolete; or

(B) Changes in the types of PPE to be used render previous training obsolete; or

(C) Inadequacies in an affected employee's knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.

(7) The employer shall verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subject of the certification.

(8) Subsections (f)(1) and (2) and (f)(4) through (7) of this section apply only to Sections 3381, 3382, 3384 and 3385 of these Orders. Subsections (f)(1) and (2) and (f)(4) through (7) of this section do not apply to Section 5144 of these Orders and Section 2940.6 of the High Voltage Electrical Safety Orders. Subsection (f) does not apply to workplace operations regulated by the Construction Safety Orders or the Mine Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-11-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of subsection (c) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Amendment of subsection (d) and amendment of Note filed 12-30-2004; operative 1-29-2005 (Register 2004, No. 53).

4. New subsections (f)-(f)(8) filed 4-13-2011; operative 4-13-2011. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 15).

Appendix A

Non-Mandatory Appendix A

This Appendix is intended to provide compliance assistance for employers and employees in implementing requirements for a hazard assessment and the selection of personal protective equipment.

1. Controlling hazards. PPE devices alone should not be relied on to provide protection against hazards, but should be used in conjunction with guards, engineering controls, and sound manufacturing practices.

2. Assessment and selection. It is necessary to consider certain general guidelines for assessing the foot, head, eye and face, and hand hazard situations that exist in an occupational or educational operation or process, and to match the protective devices to the particular hazard. It should be the responsibility of the safety officer to exercise common sense and appropriate expertise to accomplish these tasks.

3. Assessment guidelines. In order to assess the need for PPE the following steps should be taken:

a. Survey. Conduct a walk-through survey of the areas in question. The purpose of the survey is to identify sources of hazards to workers and co-workers. Consideration should be given to the basic hazard categories:

(a) Impact

(b) Penetration

(d) Chemical

(e) Heat

(f) Harmful dust

(g) Light (optical) radiation

b. Sources. During the walk-through survey the safety officer should observe:

(a) sources of motion; i.e., machinery or processes where any movement of tools, machine elements or particles could exist, or movement of personnel that could result in collision with stationary objects;

(b) sources of high temperatures that could result in burns, eye injury or ignition of protective equipment, etc.;

(d) sources of harmful dust;

(e) sources of light radiation, i.e., welding, brazing, cutting, furnaces, heat treating, high intensity lights, etc.;

(f) sources of falling objects or potential for dropping objects;

(g) sources of sharp objects which might pierce the feet or cut the hands;

(h) sources of rolling or pinching objects which could crush the feet;

(i) layout of workplace and location of co-workers; and

(j) any electrical hazards. In addition, injury/accident data should be reviewed to help identify problem areas.

c. Organize data. Following the walk-through survey, it is necessary to organize the data and information for use in the assessment of hazards. The objective is to prepare for an analysis of the hazards in the environment to enable proper selection of protective equipment.

d. Analyze data. Having gathered and organized data on a workplace, an estimate of the potential for injuries should be made. Each of the basic hazards (subsection 3.a.) should be reviewed and a determination made as to the type, level of risk, and seriousness of potential injury from each of the hazards found in the area. The possibility of exposure to several hazards simultaneously should be considered.

4. Selection guidelines. After completion of the procedures in subsection 3, the general procedure for selection of protective equipment is to:

(a) Become familiar with the potential hazards and the type of protective equipment that is available, and what it can do; i.e., splash protection, impact protection, etc.;

(b) compare the hazards associated with the environment; i.e., impact velocities, masses, projectile shape, radiation intensities, with the capabilities of the available protective equipment;

(c) select the protective equipment which ensures a level of protection greater than the minimum required to protect employees from the hazards; and

(d) fit the user with the protective device and give instructions on care and use of the PPE. It is very important that end users be made aware of all warning labels for and limitations of their PPE.

5. Fitting the device. Careful consideration must be given to comfort and fit. PPE that fits poorly will not afford the necessary protection. Continued wearing of the device is more likely if it fits the wearer comfortably. Protective devices are generally available in a variety of sizes. Care should be taken to ensure that the right size is selected.

6. Devices with adjustable features. Adjustments should be made on an individual basis for a comfortable fit that will maintain the protective device in the proper position. Particular care should be taken in fitting devices for eye protection against dust and chemical splash to ensure that the devices are sealed to the face. In addition, proper fitting of helmets is important to ensure that it will not fall off during work operations. In some cases a chin strap may be necessary to keep the helmet on an employee's head. (Chin straps should break at a reasonably low force, however, so as to prevent a strangulation hazard). Where manufacturer's instructions are available, they should be followed carefully.

7. Reassessment of hazards. It is the responsibility of the safety officer to reassess the workplace hazard situation as necessary, by identifying and evaluating new equipment and processes, reviewing accident records, and reevaluating the suitability of previously selected PPE.

8. Selection chart guidelines for eye and face protection. Some occupations (not a complete list) for which eye protection should be routinely considered are: carpenters, electricians, machinists, mechanics and repairers, millwrights, plumbers and pipe fitters, sheet metal workers and tinsmiths, assemblers, sanders, grinding machine operators, lathe and milling machine operators, sawyers, welders, laborers, chemical process operators and handlers, and timber cutting and logging workers. The following chart provides general guidance for the proper selection of eye and face protection to protect against hazards associated with the listed hazard “source” operations.

Embedded Graphic 08.0381

Notes to Eye and Face Protection Selection Chart:

(1) Care should be taken to recognize the possibility of multiple and simultaneous exposure to a variety of hazards. Adequate protection against the highest level of each of the hazards should be provided. Protective devices do not provide unlimited protection.

(2) Operations involving heat may also involve light radiation. As required by the standard, protection from both hazards must be provided.

(3) Faceshields should only be worn over primary eye protection (spectacles or goggles).

(4) As required by the standard, filter lenses must meet the requirements for shade designations in Section 3382. Tinted and shaded lenses are not filter lenses unless they are marked or identified as such.

(5) As required by the standard, persons whose vision requires the use of prescription (Rx) lenses must wear either protective devices fitted with prescription (Rx) lenses or protective devices designed to be worn over regular prescription (Rx) eyewear.

(6) Wearers of contact lenses must also wear appropriate eye and face protection devices in a hazardous environment. It should be recognized that dusty and/or chemical environments may represent an additional hazard to contact lens wearers.

(7) Caution should be exercised in the use of metal frame protective devices in electrical hazard areas.

(8) Atmospheric conditions and the restricted ventilation of the protector can cause lenses to fog. Frequent cleansing may be necessary.

(9) Welding helmets or faceshields should be used only over primary eye protection (spectacles or goggles).

(10) Non-sideshield spectacles are available for frontal protection only, but are not acceptable eye protection for the sources and operations listed for “impact.”

(11) Ventilation should be adequate, but well protected from splash entry. Eye and face protection should be designed and used so that it provides both adequate ventilation and protects the wearer from splash entry.

(12) Protection from light radiation is directly related to filter lens density. See note (4). Select the darkest shade that allows task performance.

9. Selection guidelines for head protection. All head protection (helmets) is designed to provide protection from impact and penetration hazards caused by falling objects. Head protection is also available which provides protection from electric shock and burn. When selecting head protection, knowledge of potential electrical hazards is important. Class A helmets, in addition to impact and penetration resistance, provide electrical protection from low-voltage conductors (they are proof tested to 2,200 volts). Class B helmets, in addition to impact and penetration resistance, provide electrical protection from high-voltage conductors (they are proof tested to 20,000 volts). Class C helmets provide impact and penetration resistance (they are usually made of aluminum which conducts electricity), and should not be used around electrical hazards.

Where falling object hazards are present, helmets must be worn. Some examples include: working below other workers who are using tools and materials which could fall; working around or under conveyor belts which are carrying parts or materials; working below machinery or processes which might cause material or objects to fall; and working on exposed energized conductors.

Some examples of occupations for which head protection should be routinely considered are: carpenters, electricians, linemen, mechanics and repairers, plumbers and pipe fitters, assemblers, packers, wrappers, sawyers, welders, laborers, freight handlers, timber cutting and logging, stock handlers, and warehouse laborers.

10. Selection guidelines for foot protection. Safety shoes and boots which meet either the ANSI Z41-1999 or the American Society for Testing and Materials (ASTM) F2412-05 and ASTM F2413-5 Standards provide both impact and compression protection. Where necessary, safety shoes can be obtained which provide puncture protection. In some work situations, metatarsal protection should be provided, and in other special situations electrical conductive or insulating safety shoes would be appropriate.

Safety shoes or boots with impact protection would be required for carrying or handling materials such as packages, objects, parts or heavy tools, which could be dropped; and, for other activities where objects might fall onto the feet. Safety shoes or boots with compression protection would be required for work activities involving skid trucks (manual material handling carts) around bulk rolls (such as paper rolls) and around heavy pipes, all of which could potentially roll over an employee's feet. Safety shoes or boots with puncture protection would be required where sharp objects such as nails, wire, tacks, screws, large staples, scrap metal etc., could be stepped on by employees causing a foot injury.

Some occupations (not a complete list) for which foot protection should be routinely considered are: shipping and receiving clerks, stock clerks, carpenters, electricians, machinists, mechanics and repairers, plumbers and pipe fitters, structural metal workers, assemblers, drywall installers and lathers, packers, wrappers, craters, punch and stamping press operators, sawyers, welders, laborers, freight handlers, gardeners and grounds-keepers, timber cutting and logging workers, stock handlers and warehouse laborers.

11. Selection guidelines for hand protection. Gloves are often relied upon to prevent cuts, abrasions, burns, and skin contact with chemicals that are capable of causing local or systemic effects following dermal exposure. The Division of Occupational Safety and Health is unaware of any gloves that provide protection against all potential hand hazards, and commonly available glove materials provide only limited protection against many chemicals. Therefore, it is important to select the most appropriate glove for a particular application and to determine how long it can be worn, and whether it can be reused.

It is also important to know the performance characteristics of gloves relative to the specific hazard anticipated; e.g., chemical hazards, cut hazards, flame hazards, etc. These performance characteristics should be assessed by using standard test procedures. Before purchasing gloves, the employer should request documentation from the manufacturer that the gloves meet the appropriate test standard(s) for the hazard(s) anticipated. Other factors to be considered for glove selection in general include:

(A) As long as the performance characteristics are acceptable, in certain circumstances, it may be more cost effective to regularly change cheaper gloves than to reuse more expensive types; and,

(B) The work activities of the employee should be studied to determine the degree of dexterity required, the duration, frequency, and degree of exposure of the hazard, and the physical stresses that will be applied.

With respect to selection of gloves for protection against chemical hazards:

(A) The toxic properties of the chemical(s) must be determined; in particular, the ability of the chemical to cause local effects on the skin and/or to pass through the skin and cause systemic effects;

(B) Generally, any “chemical resistant” glove can be used for dry powders;

(C) For mixtures and formulated products (unless specific test data are available), a glove should be selected on the basis of the chemical component with the shortest breakthrough time, since it is possible for solvents to carry active ingredients through polymeric materials; and,

(D) Employees must be able to remove the gloves in such a manner as to prevent skin contamination.

12. Cleaning and maintenance. It is important that all PPE be kept clean and properly maintained. Cleaning is particularly important for eye and face protection where dirty or fogged lenses could impair vision.

For the purposes of compliance with Section 3380(a) and (d), PPE should be inspected, cleaned, and maintained at regular intervals so that the PPE provides the requisite protection.

It is also important to ensure that contaminated PPE which cannot be decontaminated is disposed of in a manner that protects employees from exposure to hazards.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix A filed 4-13-2011; operative 4-13-2011. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 15).

§3381. Head Protection.

Note • History

(a) Employees working in locations where there is a risk of receiving head injuries from flying or falling objects and/or electric shock and burns shall wear approved head protection in accordance with subsections (b) and (c).

(b) When head protection is required, the employer shall ensure that approved protective helmets are selected and used in accordance with their demonstrated resistance to impact and electrical hazards as specified in subsections (b)(1) and (b)(2).

(1) Protective helmets placed in service after October 30, 2004 shall comply with American National Standards Institute (ANSI) Z89.1-1997 Industrial Head Protection, which is hereby incorporated by reference. The employer shall ensure that the appropriate class of ANSI designated helmet is selected and used in accordance with the following:

(A) When there is no risk of head injury from contact with electrical conductors, and protective helmets are only required to reduce the danger of injury from flying or falling objects, protective helmets shall be ANSI approved Class C, E, or G.

(B) When there is a risk of head injury from contact with conductors less than 600 volts, protective helmets shall be ANSI approved Class E or G.

(C) When there is a risk of head injury from contact with conductors greater than 600 volts, protective helmets shall be ANSI approved Class E.

(2) Protective helmets placed in service on or before October 30, 2004 shall comply with one of the following ANSI standards, which are hereby incorporated by reference: ANSI Z89.1-1969 Safety Requirements for Industrial Head Protection; ANSI Z89.2-1971 Industrial Protective Helmets for Electrical Workers, Class B; ANSI Z89.1-1981 Requirements for Protective Headwear for Industrial Workers; ANSI Z89.1-1986 Protective Headwear for Industrial Workers -- Requirements; or ANSI Z89.1-1997 Industrial Head Protection. The employer shall ensure that the appropriate class of ANSI designated helmet is selected and used in accordance with the following:

(B) When there is a risk of head injury from contact with conductors less than 600 volts, protective helmets shall be ANSI approved Class A, B, D, E, or G.

(C) When there is a risk of head injury from contact with conductors greater than 600 volts, protective helmets shall be ANSI approved Class B or E.

(c) Each approved protective helmet required by subsection (a) shall bear the original marking required by the ANSI standard under which it was approved. At a minimum, the marking shall identify the manufacturer, ANSI designated standard number and date, and ANSI designated class of helmet.

(d) Where there is a risk of injury from hair entanglements in moving parts of machinery, combustibles or toxic contaminants, employees shall confine their hair to eliminate the hazard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-11-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of subsection (a) and newly designated subsection (b)(1), new subsection (b)(2), repealer of subsection (c), subsection relettering, and new Note filed 12-13-94; operative 1-12-95 (Register 94, No. 50).

3. Amendment filed 9-30-2004; operative 10-30-2004 (Register 2004, No. 40).

§3382. Eye and Face Protection.

Note • History

(a) Employees working in locations where there is a risk of receiving eye injuries such as punctures, abrasions, contusions, or burns as a result of contact with flying particles, hazardous substances, projections or injurious light rays which are inherent in the work or environment, shall be safeguarded by means of face or eye protection. Suitable screens or shields isolating the hazardous exposure may be considered adequate safeguarding for nearby employees.

The employer shall provide and ensure that employees use protection suitable for the exposure.

(b) Where exposed to injurious light rays, the shade of lens to use in any instance shall be selected in accordance with the following table.

Protection against radiant energy--Selection of shade numbers for welding filter. Table EP-1 shall be used as a guide for the selection of the proper shade numbers of filter lenses or plates used in welding. Shade more dense than those listed may be used to suit the individual's needs.

TABLE EP-1--FILTER LENS SHADE NUMBERS FOR PROTECTION AGAINST RADIANT ENERGY

Shade

Welding operation number

Shielded metal-arc welding 1 1/16-, 3/32-, 1/8, 5/32-inch

diameter electrodes 10

Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-,

5/32-inch diameter electrodes 11

Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-,

5/32-inch diameter electrodes 12

Shielded metal-arc welding 3/16-, 7/32-, 1/4-inch diameter electrodes 12

5/16-, 3/8-inch diameter electrodes 14

Atomic hydrogen welding 10-14

Carbon-arc welding 14

Soldering 2

Torch brazing 3 or 4

Light cutting, up to 1 inch 3 or 4

Medium cutting, 1 inch to 6 inches 4 or 5

Heavy cutting, over 6 inches 5 or 6

Gas welding (light), up to 1/8-inch 4 or 5

Gas welding (medium), 1/8-inch to 1/2-inch 5 or 6

Gas welding (heavy), over 1/2-inch 6 or 8

(c) Where eye protection is required and the employee requires vision correction, such eye protection shall be provided as follows:

(1) Safety spectacles with suitable corrected lenses, or

(2) Safety goggles designed to fit over spectacles, or

(3) Protective goggles with corrective lenses mounted behind the protective lenses.

Note: wearing of contact lens is prohibited in working environments having harmful exposure to materials or light flashes, except when special precautionary procedures, which are medically approved, have been established for the protection of the exposed employee.

(d)(1) Design, construction, testing and use of devices for eye and face protection purchased after January 12, 1995 shall be in accordance with American National Standard, Practice for Occupational and Educational Eye and Face Protection, Z87.1-1989, which is hereby incorporated by reference, except that integral lens and frame design will be allowed if the lens frame combination provides unit strength, as well as impact, penetration, heat and flammability resistance, optical qualities and eye zone coverage equal to or greater than is required by ANSI Z87.1-1989.

(2) Eye and face protection purchased on or before January 12, 1995 shall be designed, constructed, and used in accordance with American National Standard (ANSI) Z87.1-1968, which is hereby incorporated by reference.

(3) Side shield protection shall be used whenever the hazard of flying objects is angular as well as frontal.

(e) Laser Protection. Employees whose occupation or assignment requires exposure to laser beams shall be furnished suitable laser safety goggles which will protect for the specific wavelength of the laser and be of optical density (O.D.) adequate for the energy involved. Table EP-2 lists the maximum power or energy density for which adequate protection is afforded by glasses of optical densities from 5 through 8.

TABLE EP-2--SELECTING LASER SAFETY GLASS

Output levels falling between lines in this table shall require the higher optical density.

(1) All protective goggles shall bear a label identifying the following data:

(A) The laser wavelengths for which use is intended;

(B) The optical density of those wavelengths;

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-11-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of subsection (d) filed 10-5-77; effective thirtieth day thereafter (Register 77, No. 41).

3. Amendment of subsection (a) filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).

4. Amendment of subsection (a) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

5. Amendment of newly designated subsection (d)(1) and new subsection (d)(2) filed 12-13-94; operative 1-12-95 (Register 94, No. 50).

6. New subsection (d)(3) filed 9-30-96; operative 10-30-96 (Register 96, No. 40).

§3383. Body Protection.

(a) Body protection may be required for employees whose work exposes parts of their body, not otherwise protected as required by other orders in this article, to hazardous or flying substances or objects.

(b) Clothing appropriate for the work being done shall be worn. Loose sleeves, tails, ties, lapels, cuffs, or other loose clothing which can be entangled in moving machinery shall not be worn.

(c) Clothing saturated or impregnated with flammable liquids, corrosive substances, irritants or oxidizing agents shall be removed and shall not be worn until properly cleaned.

§3384. Hand Protection.

Note • History

(a) Hand protection shall be required for employees whose work involves unusual and excessive exposure of hands to cuts, burns, harmful physical or chemical agents or radioactive materials which are encountered and capable of causing injury or impairments.

(b) Hand protection, such as gloves, shall not be worn where there is a danger of the hand protection becoming entangled in moving machinery or materials.

Exception: Machinery or equipment provided with a momentary contact device as defined in Section 3941.

NOTE: 1. As used in subsection (b) the term entangled refers to hand protection (gloves) being caught and pulled into the danger zone of machinery/equipment. Use of hand protection around smooth surfaced rotating equipment does not constitute an entanglement hazard if it is unlikely that the hand protection will be drawn into the danger zone.

NOTE: 2. Wrist watches, rings, or other jewelry should not be worn while working with or around machinery with moving parts in which such objects may be caught, or around electrically energized equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 9-6-79; effective thirtieth day thereafter (Register 79, No. 36).

2. Amendment filed 1-14-88 operative 2-13-88 (Register 88, No.4)

3. Amendment of subsection (b) filed 7-8-93; operative 8-9-93 (Register 93, No. 28).

4. Change without regulatory effect amending Exception and Note, including redesignation of section 3386 to Note 2, filed 1-12-94; operative 2-11-94 (Register 94, No. 2).

§3385. Foot Protection.

Note • History

(a) Appropriate foot protection shall be required for employees who are exposed to foot injuries from electrical hazards, hot, corrosive, poisonous substances, falling objects, crushing or penetrating actions, which may cause injuries or who are required to work in abnormally wet locations.

(b) Footwear which is defective or inappropriate to the extent that its ordinary use creates the possibility of foot injuries shall not be worn.

(c)(1) Protective footwear for employees purchased after January 26, 2007 shall meet the requirements and specifications in American Society for Testing and Materials (ASTM) F 2412-05, Standard Test Methods for Foot Protection and ASTM F 2413-05, Standard Specification for Performance Requirements for Foot Protection which are hereby incorporated by reference.

(2) Protective footwear purchased on or before January 26, 2007 shall meet the requirements of either the American National Standard for Personal Protection--Protective Footwear, American National Standards Institute (ANSI) Z41-1999, or the American Society for Testing and Materials (ASTM) F2412-05, Standard Test Methods for Foot Protection and ASTM F 2413-05, Standard Specification for Performance Requirements for Foot Protection which are hereby incorporated by reference.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-11-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Amendment of newly designated subsection (c)(1), new subsection (c)(2) and new Note filed 12-13-94; operative 1-12-95 (Register 94, No. 50).

3. Amendment of subsection (a) filed 9-30-96; operative 10-30-96 (Register 96, No. 40).

4. Amendment of subsections (c)(1)-(2) filed 12-27-2006; operative 1-26-2007 (Register 2006, No. 52). For prior history, see Register 96, No. 40.

5. Amendment of subsection (c)(2) filed 8-31-2009; operative 9-30-2009 (Register 2009, No. 36).

§3386. Jewelry. [Renumbered]

Note • History

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

2. Change without regulatory effect redesignating section 3386 to Note 2 of section 3384 filed 1-12-94; operative 2-11-94 (Register 94, No. 2).

§3387. Sanitation.

History

Protectors shall be capable of being cleaned easily and disinfected. These protectors shall be kept clean and in good repair. Safety devices, including protective clothing worn by the employee, shall not be interchanged among the employees until properly cleaned. Where the division has determined that ordinary cleaning will not remove risk of infection, additional precautionary measures may be required.

Exception: Safety devices worn over shoes or outer clothing, no part of which contacts the skin of the wearer, such as metal footguards.

HISTORY

1. Repealer and new section filed 7-11-74; effective thirtieth day thereafter (Register 74, No. 28).

§3388. Safety Belts and Life Lines. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of section and new Note filed 5-20-99; operative 6-19-99 (Register 99, No. 21).

§3389. Life Rings and Personal Flotation Devices.

Note • History

(a) At least one U.S. Coast Guard approved 30-inch life ring with not less than 90 feet of 600 pound capacity line attached shall be kept in a conveniently accessible place where employees work exposes them to the hazard of drowning or each employee so exposed shall wear a U.S. Coast Guard approved personal flotation device.

Exception: Flume Patrol. Flumes provided with caps as described in Section 3207.

(b) Any personal flotation device shall be approved by the United States Coast Guard as a Type I PFD, Type II PFD, Type III PFD, or their equivalent, pursuant to 46 CFR 160 (Coast Guard Lifesaving Equipment Specifications) and 33 CFR 175.23 (Coast Guard table of devices equivalent to personal flotation devices.)

(c) Personal flotation devices shall be maintained in good condition. They shall be removed from service when damaged so as to affect their buoyant properties or capability of being fastened.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-28-75; effective thirtieth day thereafter (Register 75, No. 48).

2. Amendment of subsections (a) and (b) and new Note filed 6-7-96; operative 7-7-96 (Register 96, No. 23).

§3390. Protection from Electric Shock.

Note • History

Protection from electric shock shall be provided and used as required by the High- and Low-Voltage Electrical Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-11-74; effective thirtieth day thereafter (Register 74, No. 28).

2. Repealer and new section filed 11-16-79; effective thirtieth day thereafter (Register 79, No. 46).

§3395. Heat Illness Prevention in Outdoor Places of Employment.

Note • History

(a) Scope and Application.

(1) This standard applies to all outdoor places of employment.

Exception: If an industry is not listed in subsection (a)(2), employers in that industry are not required to comply with subsection (e), High-heat procedures.

(2) List of industries subject to all provisions of this standard, including subsection (e):

(A) Agriculture

(B) Construction

(D) Oil and gas extraction

(E) Transportation or delivery of agricultural products, construction materials or other heavy materials (e.g. furniture, lumber, freight, cargo, cabinets, industrial or commercial materials), except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading.

(3) This section applies to the control of risk of occurrence of heat illness. This is not intended to exclude the application of other sections of Title 8, including, but not necessarily limited to, sections 1512, 1524, 3203, 3363, 3400, 3439, 3457, 6251, 6512, 6969, 6975, 8420 and 8602(e).

Note No. 1: The measures required here may be integrated into the employer's written Injury and Illness Program required by section 3203, or maintained in a separate document.

Note No. 2: This standard is enforceable by the Division of Occupational Safety and Health pursuant to Labor Code sections 6308 and 6317 and any other statutes conferring enforcement powers upon the Division. It is a violation of Labor Code sections 6310, 6311, and 6312 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees.

(b) Definitions.

“Acclimatization” means temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat.

“Heat Illness” means a serious medical condition resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke.

“Environmental risk factors for heat illness” means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.

“Landscaping” means providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures, except for employment by an employer who operates a fixed establishment where the work is to be performed and where drinking water is plumbed.

“Oil and gas extraction” means operating and/or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas or recovering liquid hydrocarbons from oil or gas field gases.

“Personal risk factors for heat illness” means factors such as an individual's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.

“Shade” means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions.

“Temperature” means the dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the thermometer should be shielded while taking the measurement, e.g., with the hand or some other object, from direct contact by sunlight.

(c) Provision of water. Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in subsection (f)(1)(C), shall be encouraged.

(d) Access to shade.

(1) Shade required to be present when the temperature exceeds 85 degrees Fahrenheit. When the outdoor temperature in the work area exceeds 85 degrees Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate 25% of the employees on the shift at any time, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shaded area shall be located as close as practicable to the areas where employees are working.

(2) Shade required to be available when the temperature does not exceed 85 degrees Fahrenheit. When the outdoor temperature in the work area does not exceed 85 degrees Fahrenheit employers shall either provide shade as per subsection (d)(1) or provide timely access to shade upon an employee's request.

(3) Employees shall be allowed and encouraged to take a cool-down rest in the shade for a period of no less than five minutes at a time when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times.

Exceptions to subsection (d):

(1) Where the employer can demonstrate that it is infeasible or unsafe to have a shade structure, or otherwise to have shade present on a continuous basis, the employer may utilize alternative procedures for providing access to shade if the alternative procedures provide equivalent protection.

(2) Except for employers in the agricultural industry, cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool.

(e) High-heat procedures. The employer shall implement high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. These procedures shall include the following to the extent practicable:

(1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.

(2) Observing employees for alertness and signs or symptoms of heat illness.

(3) Reminding employees throughout the work shift to drink plenty of water.

(4) Close supervision of a new employee by a supervisor or designee for the first 14 days of the employee's employment by the employer, unless the employee indicates at the time of hire that he or she has been doing similar outdoor work for at least 10 of the past 30 days for 4 or more hours per day.

(f) Training.

(1) Employee training. Effective training in the following topics shall be provided to each supervisory and non-supervisory employee before the employee begins work that should reasonably be anticipated to result in exposure to the risk of heat illness:

(A) The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment.

(B) The employer's procedures for complying with the requirements of this standard.

(C) The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties.

(D) The importance of acclimatization.

(E) The different types of heat illness and the common signs and symptoms of heat illness.

(F) The importance to employees of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers.

(G) The employer's procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary.

(H) The employer's procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider.

(I) The employer's procedures for ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate.

(2) Supervisor training. Prior to supervising employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness effective training on the following topics shall be provided to the supervisor:

(A) The information required to be provided by section (f)(1) above.

(B) The procedures the supervisor is to follow to implement the applicable provisions in this section.

(C) The procedures the supervisor is to follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures.

(D) How to monitor weather reports and how to respond to hot weather advisories.

(3) The employer's procedures for complying with each requirement of this standard required by subsections (f)(1)(B), (G), (H), and (I) shall be in writing and shall be made available to employees and to representatives of the Division upon request.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-22-2005 as an emergency; operative 8-22-2005 (Register 2005, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-20-2005 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 12-20-2005 as an emergency; operative 12-20-2005 (Register 2005, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-19-2006 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 4-19-2006 as an emergency; operative 4-19-2006 (Register 2006, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-17-2006 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 4-19-2006 order, including amendment of section heading and section, transmitted to OAL 6-16-2006 and filed 7-27-2006 (Register 2006, No. 30).

5. Amendment filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41).

§3400. Medical Services and First Aid.

Note • History

(a) Employer shall ensure the ready availability of medical personnel for advice and consultation on matters of industrial health or injury.

(b) In the absence of an infirmary, clinic, or hospital, in near proximity to the workplace, which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Training shall be equal to that of the American Red Cross or the Mine Safety and Health Administration.

(c) There shall be adequate first-aid materials, approved by the consulting physician, readily available for employees on every job. Such materials shall be kept in a sanitary and usable condition. A frequent inspection shall be made of all first-aid materials, which shall be replenished as necessary.

(d) Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.

(e) Stretchers and blankets, or other adequate warm covering, may be required by the Division, unless ambulance service is available within 30 minutes under normal conditions.

(f) Effective provisions shall be made in advance for prompt medical treatment in the event of serious injury or illness. This shall be accomplished by one or a combination of the following that will avoid unnecessary delay in treatment:

(1) A communication system for contacting a doctor or emergency medical service, such as access to 911 or equivalent telephone system. The communication system or employees using the system shall have the ability to direct emergency services to the location of the injured or ill employee.

(2) Readily accessible and available on-site treatment facilities suitable for treatment of reasonably anticipated injury and illness.

(3) Proper equipment for prompt medical transport when transportation of injured or ill employees is necessary and appropriate.

Note: Medical services and first aid provisions for electrical workers shall also comply with Sections 2320.10 (Low-Voltage) and 2940.10 (High-Voltage) as applicable.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-1-73; effective thirtieth day thereafter (Register 73, No. 44).

2. Renumbering from Section 3390 filed 7-11-74; effective thirtieth day thereafter (Register 74, No. 28).

3. Editorial correction (Register 76, No. 16).

4. Amendment of subsection (b) filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).

5. Amendment of subsections (b)-(c) and (f) and new subsections (f)(1)-(3) and Note filed 8-27-2009; operative 9-26-2009 (Register 2009, No. 35).

6. New subsection (f) -- Note filed 10-27-2011; operative 10-27-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3 (Register 2011, No. 43).

Article 10.1. Personal Protective Clothing and Equipment for Fire Fighters

§3401. Application.

Note • History

(a) These Orders establish minimum requirements for personal protective clothing and equipment for fire fighters when exposed to the hazards of fire fighting activity, and take precedence over any other Safety Order with which they are inconsistent.

Sections 3403 through 3409, inclusive, apply to structural fire fighting as defined in Section 3402.

(b) General Requirements.

(1) Personal protective clothing and equipment specified in these Orders shall be provided and used whenever such employees are required to work in a hazardous environment that may be encountered during fire fighting activities or under similar conditions during training activities.

(2) The employer shall ensure the availability, maintenance, and use of all protective clothing and equipment in accordance with these Orders.

(3) Employees shall be instructed to wear or utilize appropriate personal protective clothing and equipment when directed to work in a hazardous environment until such time as the officer in charge determines that such protection is no longer required.

(4) Personal protective clothing and equipment that has become damaged or otherwise defective to the point of voiding its intended protection shall be removed from service.

(5) Fire fighters and other employees engaged in emergency activities requiring special protective techniques and equipment shall be trained in the appropriate techniques and provided with the necessary protective equipment.

(6) Employers shall develop and require use of a written plan covering the safe use, maintenance, utilization and replacement of the equipment required in these Orders, and all affected employees shall be trained in accordance with such plan.

(7) Employers shall ensure that new protective clothing and equipment provided be furnished with a statement of performance declaring that the product has been tested and meets the requirements of these Orders.

(1) Every fire fighter engaged in interior structural fire fighting activities requiring the use of self-contained breathing apparatus shall be provided with a personal alarm device. Alarm devices ordered or purchased after January 1, 1986, shall meet the requirements of Section 3401(c)(3)(B) and NFPA 1982 (1983). Each alarm device ordered or purchased prior to January 1, 1986 shall meet the following minimum requirements:

(2) Operation.

(A) Controls shall be incorporated in alarm devices for manual activation and reset, and shall be protected against accidental deactivation. Such controls shall be designed to be operated by a gloved hand.

(B) Alarm devices shall contain a motion detector which will activate the alarm if the fire fighter is motionless for not less than twenty (20) seconds nor more than forty (40) seconds. The alarm shall also include a pre-warning device to signal the fire fighter that the alarm is approaching the point of activation.

(3) Performance.

(A) Alarm devices shall emit a signal with a sound pressure level of not less than 85 dba measured at a distance of three (3) meters for not less than one (1) hour using an eighty percent (80%) charged battery. Signal frequency used shall not be less than 2000 Hz nor more than 4000 Hz.

(B) The alarm shall operate in a temperature range of -10o C to 80o C and for a period of two minutes at 140o C.

(C) Alarm devices shall be designed to withstand damage created by deterioration of the type of battery recommended by the manufacturer for use in such devices.

(D) Alarm devices shall remain operable after being submerged in sea water for at least one hour at a depth of two meters.

(E) Alarm devices shall be impact and shock resistant, and shall be designed to remain operable after being dropped six (6) successive times from random positions onto a concrete floor from a height of not less than two meters.

(F) Alarm devices shall not weigh more than 350 grams, including batteries.

(4) Safety.

(A) Alarm devices shall be equipped with a visual or audible device to indicate when the battery has been discharged to not less than 80 percent of its rated capacity.

(B) Alarm devices shall be equipped with an audible means to warn of the malfunction of the motion sensing circuitry.

(5) Certification.

Alarm devices shall be labeled or otherwise certified to indicate compliance with this section.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 10.1 (Sections 3401-3409) filed 5-3-78; effective thirtieth day thereafter (Register 78, No. 18).

2. Amendment of subsection (a) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

3. New subsection (c) filed 1-27-82; effective thirtieth day thereafter (Register 82, No. 5).

4. Editorial correction of subsection (c)(3)(A) (Register 82, No. 50).

5. Amendment of subsection (c)(1) filed 2-9-83 as an emergency; effective upon filing (Register 83, No. 8). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-9-83.

6. Amendment of subsection (c)(3)(D) filed 4-12-83; effective thirtieth day thereafter (Register 83, No. 16).

7. Certificate of Compliance transmitted to OAL 5-13-83 and filed 6-13-83 (Register 83, No. 25).

8. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

§3402. Definitions.

Note • History

After-Flame. The time a test specimen continues to flame after the flame source has been removed. (When subjected to flame resistance test.)

After-Glow. The time a test specimen continues to glow after it has ceased to flame. (When subjected to flame resistance test.)

Break-away Device. A type of chin strap or chin strap connection designed so that excessive pressure exerted on the helmet in the form of upward force will cause the chin strap to open and release the helmet from the head.

Buddy-Breathing Device. An accessory to self-contained breathing apparatus which permits a second person to share the same air supply as that of the wearer of the apparatus.

Char-Length. The distance from the end of the specimen which was exposed to flame source, to the upper edge of the charred, burned, or void area. (When subjected to flame resistance test.)

Education. The process of imparting knowledge or skill through systematic instruction. It does not require formal classroom instruction.

Emergency Pick-Up Labor. Personnel consisting of National Guard, military forces, forest product workers, farm workers, ranchers, and other persons who may be recruited from time to time to help contain and control wildland fires.

Enclosed Structure. A structure with a roof or ceiling and at least two walls which may present fire hazards to employees;such as, accumulations of smoke, toxic gases and heat, similar to those found in buildings.

Energy, Absorption System. A material or suspension system, or combination thereof, placed inside the helmet between the exterior shell and the wearer's head to absorb and distribute impact energy.

Face Shield. A heat and flame resistant device worn in front of the eyes and face, whose predominant function is protection of the eyes and face.

Fire Fighter. An employee who is assigned to fire fighting activity, and is required to respond to alarms and perform emergency action at the location of a fire or fire related danger. Included are the employees of fire departments, fire protection districts, state fire agencies, organized fire companies, and private fire brigades when engaged in fire fighting activity. The term does not apply to emergency pick-up labor or other persons who may perform first-aid fire extinguishment as collateral to their regular duties. Fire Fighting Activity. Physical action taken in the direct act of fire suppression, and rescue or hazardous duties performed at the location of a fire emergency.

Fire Fighting, Structural. The comprehensive physical fire suppression activity of public fire departments as determined by Sections 25210.5 and 25643 of the California Government Code.

Flame Resistance. A property of materials which causes resistance to ignition or combustion, provided through the use of inherently flame resistant materials, or materials treated to be flame resistant in a manner that the treatment will remain effective for the service life of the material under conditions anticipated for its use.

Harmful Exposure. An exposure to oxygen-deficient atmosphere, or to dusts, fumes, mists, vapors, chemicals or gases of such concentration and duration as to cause injury.

Hazardous Environment. A place where a fire fighter is likely to receive a harmful exposure to a hazardous substance, or be exposed to physical or mechanical hazards which are likely to cause injury.

Hazardous Substance. One which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritant or otherwise harmful, is likely to cause injury.

Heat Resistance. The ability of a material to retain its original properties such as shape, size, strength, hardness, resilience, non-conductivity, or appearance when subjected to temperatures specified in heat resistance tests.

Helmet. A device consisting of a shell, energy absorption system, and retention system intended to be worn to provide protection for the head or portions thereof against impact, flying or falling objects, electric shock, penetration, heat and flame, or any combination thereof.

Incipient Stage Fire. A fire which is in the initial or beginning stage and which can be controlled or extinguished by portable fire extinguishers, Class II standpipe, small hose systems or other methods without the need for protective clothing or breathing apparatus.

Injury. Includes work related illness, disease, impairment, disfigurement, loss of function of any part of the body, as well as symptoms of significant adverse effects or damage.

Interior Structural Fire Fighting Activities (Private Fire Brigades). The physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures which are involved in a fire situation beyond the incipient stage.

Lining. A material attached to the inside of the outer shell of a garment for the purpose of thermal protection and padding.

Long Duration Breathing Device. A self-contained respiratory protective device designed to provide the user with a respirable atmosphere for a minimum service time of one hour.

Outer Shell. The exterior layer of material on the fire coat and protective trousers which forms the outermost barrier between the fire fighter and the environment. It is attached to the vapor barrier and liner and is usually constructed with a storm flap, suitable closures, and pockets.

Private Fire Brigade. An organized group of private industry fire personnel who may also be assigned to other functions, but who have priority obligation to fire protection. Fire fighting responsibility may be independent, under mutual-aid agreement, or supported by regular fire service assistance.

Protective Clothing. Outer garments other than turnout clothing consisting of trousers, jackets, or coveralls.

Quick Disconnect Valve. A device which starts the flow of air by inserting of the hose (which leads from the facepiece) into the regulator of self-contained breathing apparatus, and stops the flow of air by disconnection of the hose from the regulator.

Respiratory Protective Device (RPD). A breathing device designed to protect the wearer from oxygen-deficient, or hazardous atmosphere.

(A) Self-contained breathing apparatus (SCBA). A portable respiratory protective device, normally designed to be worn by the user by means of an incorporated harness assembly, with its own supply of air, oxygen or oxygen generating material. It is normally equipped with a full facepiece. Self-contained breathing apparatus is further described in 30 CFR Chapter 1, Part 11, Subpart H.

(B) Closed-Circuit Self-Contained Breathing Apparatus. A device in which exhaled breath is scrubbed of CO2 and recycled.

(C) Open-Circuit Self-Contained Breathing Apparatus. A device in which compressed air is released to the face piece from a storage cylinder, and exhaled air is expelled to the atmosphere. (Oxygen supply is not permitted in open-circuit breathing apparatus used in fire fighting activities.)

(D) Demand-Type Breathing Apparatus. Equipment in which pressure inside the facepiece is slightly negative on inhalation, and positive on exhalation.

(E) Positive-Pressure Type Breathing Apparatus. Equipment in which the pressure inside the facepiece is positive during both inhalation and exhalation.

(F) Combination Breathing Apparatus-Respirator. A combination of compressed air self-contained breathing apparatus and National Institute of Occupational Safety and Health (NIOSH) Type C supplied-air respiratory protective device of the positive-pressure type. Combination respirator equipment is further described in 30 CFR, Chapter 1, Part 11, Subparts H and J.

Retention System. The complete assembly by which the helmet is retained on the head. Included are a chin strap and adjustable or fitted liner for a proper fit.

Self-Extinguishing. A term applied to a material which when subjected to flaming ignition, may ignite and propagate only until removal of the source of ignition.

Service Time. The period of time that a respirator has been rated by NIOSH to provide protection to the wearer.

Training. The process of making proficient through instruction and hands-on practice in the operation of equipment, including respiratory protection equipment, that is expected to be used and in the performance of assigned duties.

Trousers. A garment worn to cover the lower part of the human body from the waist to the ankles.

Turnout Clothing. Protective clothing consisting of a coat and trousers as specified in NFPA 1971 (1981) “Protective Clothing for Structural Fire Fighting” except as modified by Section 3406(b) of these Orders.

Vapor Barrier. That material used to prevent or substantially inhibit the transfer of water, corrosive liquids and steam or other hot vapors from the outside of a garment to the wearer's body.

Wildlands. Sparsely populated geographical areas covered primarily by grass, brush, trees, crops, or combination thereof.

Winter Liner. A detachable extra lining worn inside turnout garments and head protection to give added protection to the wearer against the effects of cold weather and wind.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

2. Amendment filed 4-8-81; effective thirtieth day thereafter (Register 81, No. 37).

3. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

§3403. Head Protection.

Note • History

(a) General. Head protection shall be provided for each fire fighter, and shall be maintained in a location of readiness for immediate response to fires and like emergencies. Head protection shall be worn by fire fighters whenever they are exposed to head injury hazard. Head protection is normally provided for fire fighters through the use of helmets.

(b) Minimum Requirements, Structural Fire Fighting.

(1) Helmets ordered or purchased after January 1, 1988, for use in structural fire fighting shall be labeled as meeting the requirements contained in NFPA-1972 (1985) “Structural Fire Fighters' Helmets.” While the helmets are in service:

(A) Section 3-8 “Ear Covers” shall be optional when protection required by Section 3405 is provided.

(B) Section 3-9 “Faceshields” shall be optional when protection required by Section 3404 is provided.

(2) Helmets ordered, purchased and/or placed in service prior to January 1, 1988, for use in structural fire fighting shall meet the performance, construction, and testing requirements of the National Fire Safety and Research Office, National Fire Prevention and Control Administration, U. S. Department of Commerce contained in “Model Performance Criteria for Structural Fire Fighters' Helmets, dated August, 1977,” with the following additional requirements:

(A) The helmet shall be compatible with the breathing apparatus face piece.

(B) Visibility and reflectivity shall be optional.

(D) A durable label shall be permanently attached and shall include the following information:

1. Name or designation of manufacturer;

2. Month and year of manufacture;

3. Lot Number; and

4. Model designation.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

2. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

3. Amendment filed 11-5-87; operative 12-5-87 (Register 87, No. 46).

§3404. Eye and Face Protection.

Note • History

(a) General.

(1) Employees exposed to eye injury hazards shall be protected in accordance with the provisions of Section 3382.

(2) In addition to the requirements of Section 3382, and wherever eye and face protection is not provided by the breathing apparatus facepiece, the face of the fire fighter engaged in structural fire fighting activities shall be protected by one or more of the following means, or other equivalent methods when exposed to injurious heat or flame:

(A) Face shield attached to the helmet;

(B) Heat and flame resistant hood;

(b) Face Shields. Face shields of plastic or glass shall meet the optical qualities, impact resistance and light transmission standards specified in either the ANSI Z87.1 (1979) or ANSI Z87.1 (1989, and revision Z87.1a-1989), “Practice for Occupational and Educational Eye and Face Protection”, which are hereby incorporated by reference. Face shields constructed of other materials such as wire mesh, shall provide visibility not less than required by ANSI Z87.1. All face shields shall be capable of withstanding heat in accordance with the provisions of Section 3403(b).

(c) Hood and Coat Collars. Such devices shall be constructed and tested in accordance with the provisions of Section 3406, Body Protection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 6-13-78; effective thirtieth day thereafter (Register 78, No. 18).

2. Amendment of subsection (a)(2) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

3. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

4. Amendment of subsection (b) filed 3-6-2000; operative 4-5-2000 (Register 2000, No. 10).

§3405. Ear and Neck Protection.

Note • History

(a) Protection against burns or injury to the ears and neck shall be provided by one or more of the following means, or other equivalent methods:

(1) Helmet configuration;

(2) Ear flap attachment to helmet;

(3) Flexible neck protector cape or winter liner worn with helmet;

(4) Flared neck shield attached to brim of helmet;

(5) Hood, shroud or snood;

(6) High collar and throat strap.

(b) Fabric specified in this section shall be constructed and tested in accordance with the provisions of Section 3406, Body Protection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

§3406. Body Protection.

Note • History

(a) Body protection shall be provided for each fire fighter when exposed to the hazards of structural fire fighting activity. Body protection shall consist of turnout clothing or an appropriate combination of a turnout coat and protective clothing meeting the requirements of Section 3406(c).

(b) Turnout Clothing. Performance, construction, testing and certification of fire fighter turnout clothing shall be at least equivalent to the requirements of National Fire Protection Association (NFPA) publication 1971 (1981), “Protective Clothing for Structural Fire Fighting,” with the following permissible variations in those requirements:

(1) Liner may be detachable but the shell shall not be used as turnout clothing without the liner.

(2) To achieve increased ventilation of trapped body heat, the protective clothing outer shell and impermeable vapor barrier may be penetrated by ventilation openings protected by nonmetallic flame resistant materials equal to this standard. Openings in the coat shall be restricted to the underside of the upper arm, and the upper portion of the front and back. Openings in the trousers shall be restricted to the areas of the groin and the outseam of the leg between the knee and the waist band. Water deflecting flaps shall be required for all openings except underarm and groin area openings. Openings in the liner are not permitted except underarm and groin area unless protected by an insulating flap. Vents shall be made of nonmetallic flame resistant materials equal to this standard.

(3) Tearing strength of the outer shell shall be a minimum of eight pounds in any direction.

(4) Flame resistance, including that of trim, shall not exceed:

(A) 2.0 seconds after-flame (maximum)

(B) 8.0 seconds after-glow (maximum).

(5) The outer shell and lining may char or discolor but must retain heat resistance as specified in Section 3406(b)(4) and shall not separate or melt when placed in a forced air laboratory oven at a temperature of 500 F (260o C) for a period of 5 minutes.

(c) Protective Clothing. Protective clothing, other than turnout clothing, shall meet the following minimum performance requirements:

(1) Flame Resistance. When tested in accordance with Federal Test 191, Method 5903.2, “Flame Resistance of Cloth, Vertical” (Standard small scale test), test results shall not exceed the following limits:

(A) 2.0 seconds after-flame (maximum)

(B) 8.0 seconds after-glow (maximum)

(2) Ignition of the material shall not produce any melting and dripping of molten or flaming material. It is specifically required that upon exposure to flaming ignition, or to heat sufficient to char the fabric, the material will not adhere to the skin of the wearer so as to cause or contribute to the severity of burns.

Exception: Outer garments of 100% wool, with a weight of at least 14 ounces per lineal yard of 54-inch width shall be considered as sufficiently flame resistant for such use.

(3) Certification. Garments shall be certified to meet the requirements of Section 3406(c)(1), flame resistance; and as defined in Section 3402.

(4) A durable label shall be permanently attached and shall include the following information:

(A) Lot Number;

(B) Name and number of specified test; and

(d) Turnout coats in combination with turnout trousers, or turnout coats and protective clothing meeting the requirements of Section 3406(c) shall be worn on all structural fires. Body protection provided for other than structural fires shall be appropriate for the potential hazards.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of Subsections (b)(4)(B) and (c)(1)(B) filed 9-6-79; effective thirtieth day thereafter (Register 79, No. 36).

2. Amendment of subsections (a), (b)(5) and (c)(2) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

3. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

4. Amendment of subsection (b)(4)(B) and repealer of subsection (b)(4)(C) filed 8-28-96; operative 9-27-96 (Register 96, No. 35).

§3407. Hand and Wrist Protection.

Note • History

(a) Protective gloves shall be provided for each fire fighter when exposed to the hazards of structural fire fighting activity. Such protective gloves shall be properly sized and suitable to the hazards encountered in fires and fire related emergencies.

(b) Protective gloves for fire fighters shall be made of durable outer material designed to withstand the effects of flame, heat, vapor, liquids, sharp objects and other hazards that are encountered in fire fighting.

(c) Thermal insulation for protective gloves shall be sufficient to limit the inside surface temperature of the glove material (in contact with the hand) to no more than 111o F (44o C) when subjected to the tests specified in subparagraphs 1, 2 and 3:

(1) Gloves shall be preconditioned in accordance with Federal Test 191, Method 5903.2.

(2) The palm of the glove shall be exposed to a conductive heat load of 932o F (500o C) for a period of 5 seconds at 4 psi pressure using an object made of iron with 3.14 in2 surface area and sufficient mass to induce the pressure without assistance.

(3) The back of the glove shall be exposed to a stable 1.0 watt/cm2 radiant heat load for a period of 1 minute.

(d) Protective glove material and pattern shall allow the dexterity of hand and finger movement, a sense of feel for objects, when handling fire fighting equipment, and a satisfactory grip when handling halyards. Gloves shall have separate finger compartments and shall have an integral wristlet not less than 4 inches in length unless other wrist protection is provided as permitted in Section 3407(e).

(1) Dexterity. Dexterity shall be evaluated using a standardized procedure known as the Bennett Dexterity Test. No more than 130% of baseline time shall be accomplished.

(2) Grip Test. Grip testing shall be evaluated with the use of a 3/8-inch diameter Manila halyard attached to a spring scale. Bare-handed lift capability shall be baseline weight. Weight pulling capacity dry shall be no less than 80% of baseline. Weight pulling capacity wet shall be no less than 70% of baseline. Gloves and halyards shall be preconditioned dry and wet prior to test.

(3) Preconditioning:

Dry--Gloves and halyards shall be preconditioned at 25o C. for a period of 4 hours.

Wet--Gloves and halyards shall be thoroughly soaked by immersing in water for a minimum of 30 minutes prior to testing.

(4) Test Requirements. Gloves shall be tested dry, then water soaked as required and tested (without re-drying) within one minute after removal from the soak.

(e) Protection against burns or injury to the wrist shall be provided by one or more of the following means or other equivalent methods:

(1) A minimum 4-inch wristlet attached to the gloves.

(2) An extended wristlet of sufficient length, attached to the sleeve of the turnout coat, to completely cover the wrist area under all conditions.

(f) Fabric specified in this section shall be constructed and tested in accordance with the provisions of Section 3406, Body Protection.

(g) A durable label shall be permanently attached to each glove. Labeling may be accomplished by stamping, embossing, affixing, or other suitable method and shall include the following information:

(1) Lot Number;

(2) Reference to specified test; and

(3) Date of successful test.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (e) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

2. Amendment filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

3. Amendment of subsection (c)(1) filed 7-30-81; effective thirtieth day thereafter (Register 81, No. 31).

4. Amendment of subsections (c)(2) and (g) filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

§3408. Foot Protection.

Note • History

(a) Foot protection shall be provided in accordance with Section 3385 for fire fighters while engaged in structural fire fighting activity.

(b) The use of foot protection shall be coordinated with the wearing of the protective clothing system to ensure full body protection.

(c) Turnout Boots. Fire fighter turnout boots shall meet the requirements of MIL-B-2885D (5-23-73) and amendment dated 12-31-75.

(d) In addition to the requirements of Section 3408(a), protective footwear other than turnout boots shall also provide:

(1) Slip resistant outersoles.

(2) Sole penetration as required in MIL-B2885D (1973) and amendment dated 1975 “Military Specifications for Firemen's Boots.”

(3) Permanently attached, corrosion resistant midsoles.

(4) Firm ankle support in horizontal and vertical working loads.

(5) If used, corrosion resistant, lockable fasteners.

(6) Toe protection meeting the requirements of either the ANSI Z41 (1983) or (1991), classification 75, which are hereby incorporated by reference.

(7) Corrosion resistant ladder shanks.

(8) Durable outer shell materials withstanding the effects of flame, heat, sharp objects and other hazards encountered in fire fighting activities.

(e) Toe protection shall be optional for those fire fighters who are regularly engaged in structural and wildlands fire fighting activities.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

2. Amendment of subsection (d)(6) filed 3-6-2000; operative 4-5-2000 (Register 2000, No. 10).

§3409. Respiratory Protection.

Note • History

(a) Approved Equipment.

(1) Approvals. Fire fighters exposed to harmful exposure in the course of their assigned activities shall be provided with, and shall use respiratory protective devices that are approved and certified in accordance with Section 5144, and the methods and requirements specified by the National Institute of Occupational Safety and Health (NIOSH) under 42 CFR part 84.

(2) Permissible Devices.

(A) Respiratory protective devices provided for and used by fire fighters in structural fire fighting activity shall be limited to those types classified as self-contained breathing apparatus (SCBA), and combination breathing apparatus of the supplied-air positive-pressure type.

(B) Closed-circuit self-contained breathing apparatus shall not be used by fire fighters except where it has been demonstrated that long duration breathing apparatus is necessary. If such breathing devices are used, quantitative fit tests providing a minimum protection factor of 5,000 shall be performed on each individual using the long duration breathing apparatus. The quantitative fit test procedures shall be available for inspection by the Division.

(b) General Requirements.

(1) Written Standard Procedures. The employer shall develop and implement comprehensive written standard operating procedures for the use, care, maintenance, and training relating to respiratory protective equipment in accordance with Section 5144 and ANSI Z88.2 (1980), “Practices for Respiratory Protection,” and ANSI Z88.5 (1981), “Practices for Respiratory Protection for the Fire Service.”

The operating procedures required by this subsection are exempt from the prohibition of the use of contact lenses specified in ANSI Z88.2(1980) and ANSI Z88.5(1981).

(2) When emergency conditions require the urgent multi-person use of the same facepiece, requirements of Section 5144(h) pertaining to cleaning and sanitation of the facepiece shall not apply.

(3) Operating Service Time. Respiratory protective devices provided for use by fire fighters shall have a rated service time of at least 30 minutes in accordance with the methods and requirements specified by NIOSH 42 CFR part 84.

Exception: Respiratory protective devices of less than 30 minutes rated service time shall only be used for escape, rescue and observation.

(4) Automatic Warning Signal. Respiratory protective devices provided for use by fire fighters shall be equipped with an automatic device that produces an audible signal to warn the user that the remaining service time of the unit has been reduced to 20-25%. Means shall be designed and incorporated to indicate to the user that his alarm has been activated.

(5) Buddy-Breathing. Approved self-contained breathing apparatus may be equipped with either a “buddy-breathing” device or a quick disconnect valve, even if these devices are not certified by NIOSH. If these accessories are used, they shall not cause damage to the apparatus, or obstruct the normal operation of the apparatus.

(6) Air Cylinders. Approved self-contained compressed air breathing apparatus may be used with approved cylinders from other approved self-contained compressed air breathing apparatus provided that such cylinders are of the same capacity and pressure rating. All compressed air cylinders used with self-contained breathing apparatus shall meet United States Department of Transportation (DOT) and NIOSH criteria.

(c) Positive Pressure. Except as permitted in Section 3409(a)(2)(B), all compressed air self-contained breathing apparatus used in fire fighting activity shall be of positive pressure type.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c)(2) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

2. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

3. Amendment of subsection (b)(1) filed 3-20-95; operative 4-19-95 (Register 95, No. 12).

4. Amendment of subsections (a)(1) and (b)(3) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

5. Change without regulatory effect amending subsection (b)(2) filed 12-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 53).

§3410. Wildland Fire Fighting Requirements.

Note • History

(a) Head Protection.

(1) Head protection shall be worn by fire fighters whenever they are exposed to head injury hazard. Head protection shall be provided for each fire fighter, and shall be maintained in a location of ready availability to the fire fighter.

(2) Emergency Pick-up Labor. Head protection shall be provided for emergency pick-up labor in a hazardous environment on wildland fires and shall consist of structural fire fighting helmets or industrial hard hats or military helmet liners. Helmets and liners shall meet ANSI Z89.1 (1969) standards, and may be either Type 1 or 2, any Class.

(3) Minimum Helmet Requirements. Configuration. The helmet shall conform to ANSI Z89.1 (1969) full brim (Type 1) Class D, or brimless with peak (Type 2) Class A, or structural fire helmets as specified in Section 3403. Provision shall be incorporated for attachment of accessories without shell penetration. Retention shall be provided by chin strap, nape strap or other equivalent means.

(4) Weight. Head protection, except the helmets specified in Section 3403, complete with suspension and headband, but exclusive of accessories, shall not weigh more than 20 ounces.

(5) Heat Resistance. When placed in a forced-air laboratory oven at a temperature of 300o F (149o C) for a period of five minutes, the helmet shell shall not undergo softening, melting, shrinking or other visible distortion.

(6) Labeling. Each helmet shall be durably and legibly labeled in a manner such that the label can be easily read without removing padding or any other permanent part, and shall include the following information:

Name or designation of manufacturer

Month and year of manufacture

Lot number

Model designation

(b) Eye Protection. Employees exposed to eye injury hazards shall be protected in accordance with the provisions of Section 3382.

(c) Thermal Protection of the Ears and Neck. Protection against burns on the ear and neck shall be provided by one or more of the following means, or other equivalent methods, when fire fighters engaged in wildland fire fighting are exposed to injurious heat and flame: flared neck shield attached to brim of helmet; hood, shroud or snood; high collar with throat strap. Fabric specified for this purpose shall be constructed and tested in accordance with the provisions of Section 3410(d) for body protection. Similar protection shall be provided emergency pick-up labor when exposed to injurious heat and flame.

(d) Body Protection.

(1) Clothing directly exposed to fire environment and subject to flame impingement shall meet the requirements of Section 3406(c).

(2) Emergency Pick-up Labor. Flame resistant protective shirts shall be provided as soon as reasonably possible. Heavy-duty work trousers of 100 percent cotton or 100 percent wool shall be considered as sufficiently flame resistant for the type of fire exposure normally experienced by this class of fire fighter and may be worn in lieu of other flame-resistant type clothing.

(e) Hand and Wrist Protection.

(1) Protective gloves shall be provided for each wildland fire fighter, properly sized and suitable to the hazards encountered in wildland fire fighting activities. Fire fighters shall wear protective gloves whenever exposed to a hazardous environment that may cause injury to the hand or wrist.

(A) Minimum Requirements. Protective gloves shall have a durable outer material of leather or treated fabric designed to withstand the effects of heat, flame or other hazards encountered in wildland fire fighting. Glove material and pattern shall allow dexterity of hand movement and sense of feel for objects. The exterior of the gloves shall be designed to be free of potential snags. Gloves shall be of the gunn cut pattern.

(2) Wrist protection fabric shall meet the requirements of Section 3406(c) and shall consist of either:

(A) Integral knit wristlets of not less than four inches in length, attached to the gloves and designed to protect the wrist area when the arms are extended upward and outward from the body; or

(B) Wristlets, of sufficient length to completely cover the wrist area under all conditions, attached to the sleeves of the outer garment.

(3) Emergency Pick-up Labor. Emergency pick-up labor exposed to hand injury hazard, and not equipped with gloves, shall be provided with gloves which meet these standards.

(f) Foot Protection.

(1) Protective footwear shall be worn by fire fighters while engaged in wildland fire fighting activities.

(2) Minimum Requirements. Protective footwear for fire fighters and emergency pick-up labor engaged in wildland fire fighting shall consist of heavy duty lace-type work boots with non-slip soles and heels, and shall provide firm ankle support. Leather tops shall be at least six inches in height measured from the bottom of the shoe heel.

(g) Fire Shelters. A fire shelter shall be provided and made immediately available for every fire fighter when engaged in fire fighting activities in wildlands as defined in these orders. The fire shelter shall meet or exceed U.S. Department of Agriculture, Forest Service Specification for Forest Fire Shelter, 5100-320D.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-4-78; effective thirtieth day thereafter (Register 78, No. 40).

2. Amendment of subsection (d)(1)(A) filed 9-6-79; effective thirtieth day thereafter (Register 79, No. 36).

3. Amendment of subsection (a)(2) filed 6-13-80; effective thirtieth day thereafter (Register 80, No. 24).

4. Amendment of subsections (c) and (f)(1)-(2) and repealer and new subsection (d)(1)(B) filed 9-11-80; effective thirtieth day thereafter (Register 80, No. 37).

5. New subsection (g) filed 1-27-82; effective thirtieth day thereafter (Register 82, No. 5).

6. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

7. Amendment of subsections (e) and (e)(1)(A), new subsections (e)(2)-(e)(2)(B) and subsection renumbering filed 3-5-97; operative 4-4-97 (Register 97, No. 10).

§3411. Private Fire Brigades.

Note • History

(a) Scope and Application.

(1) Scope. This section contains requirements for the organization, training, and personal protective equipment of fire brigades whenever they are established by an employer.

(2) Application. The requirements of this section apply to private fire brigades, such as industrial fire departments and private or contractual type fire departments. Personal protective equipment requirements apply only to members of fire brigades performing interior structural fire fighting activities. The requirements of this section do not apply to airport crash rescue or forest fire fighting operations.

(b) Organization.

(1) Organizational Statement. The employer shall prepare and maintain a statement or written policy which establishes the existence of a fire brigade; the basic organizational structure; the type, amount, and frequency of training to be provided to fire brigade members; the expected number of members in the fire brigade; and the functions that the fire brigade is to perform at the workplace. The organizational statement shall be available for inspection by the Division of Occupational Safety and Health and by employees or their designated representatives.

(2) Personnel. The employer shall ensure that employees who are expected to do interior structural fire fighting are physically capable of performing duties which may be assigned to them during emergencies. The employer shall not permit employees with known heart disease, epilepsy, or emphysema, to participate in fire brigade emergency activities unless a physician's certificate of the employees' fitness to participate in such activities is provided. This subsection shall become effective 60 days after the effective date of this Article.

(1) The employer shall provide training and education for all fire brigade members commensurate with those duties and functions that fire brigade members are expected to perform. Such training and education shall be provided to fire brigade members before they perform fire brigade emergency activities. Fire brigade leaders and training instructors shall be provided with training and education which is more comprehensive than that provided to the general membership of the fire brigade.

(2) The employer shall ensure that training and education is conducted frequently enough to assure that each member of the fire brigade is able to perform the member's assigned duties and functions satisfactorily and in a safe manner so as not to endanger fire brigade members or other employees. All fire brigade members shall be provided with training at least annually. In addition, fire brigade members who are expected to perform interior structural fire fighting activity shall be provided with an education session or training at least quarterly.

(3) The quality of the training and education program for fire brigade members shall be similar to those conducted by such fire training schools as the Maryland Fire and Rescue Institute; Iowa Fire Service Extension; West Virginia Fire Service Extension; Georgia Fire Academy; New York State Department, Fire Prevention and Control; Louisiana State University Firemen Training Program, or Washington State's Fire Service Training Commission for Vocational Education. (For example, for the oil refinery industry, with its unique hazards, the training and education program for those fire brigade members shall be similar to those conducted by Texas A & M University, Lamar University, University of Nevada-Reno Fire Academy, or the Delaware State Fire School.)

(4) The employer shall inform fire brigade members about special hazards such as storage and use of flammable liquids and gases, toxic chemicals, radioactive sources, and water reactive substances, to which they may be exposed during fire and other emergencies. The fire brigade members shall also be advised of any changes that occur in relation to the special hazards. The employer shall develop and make available for inspection by fire brigade members, written procedures that describe the actions to be taken in situations involving the special hazards and shall include these in the training and education program.

(d) Personal Protective Clothing and Equipment. Shall be provided by the employer at no cost to the employee in accordance with this article commensurate with the fire fighting activity involved.

(e) Respiratory Protection Devices. The employer shall provide at no cost to the employee and assure that respiratory protective devices worn by fire brigade members meet the requirements contained in Section 5144 and the requirements contained in this Article, and are certified under 42 CFR part 84.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 9-8-81; effective thirtieth day thereafter (Register 81, No. 37).

2. Amendment filed 4-29-85; effective thirtieth day thereafter (Register 85, No. 18).

3. Amendment of subsection (e) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

Article 11. Outdoor Advertising Structures

§3412. General.

Note • History

(a) Scope. This Article applies to all elevated outdoor advertising structures, billboards, signboards or other such structures where employees are required to work from platforms elevated more than 7-1/2 feet above the ground or other surface, suspended scaffolds, or work from ladders that are not ground supported. Employees working on outdoor advertising structures are subject to all applicable safety orders except where they are inconsistent with the requirements of this Article.

Note: For the construction of billboards and other related structures see the Construction Safety Orders.

(b) Definitions.

Poster Ladder Scaffold. A scaffold platform supported by brackets attached to the rungs of a special purpose poster ladder.

Special Purpose Poster Ladder. A Type 1 industrial heavy-duty ladder, Type 1A industrial extra heavy-duty or Type 1AA special duty ladder with a hook(s) at the top of the ladder specifically designed to hook over the top edge of billboards. A “Type 1 industrial heavy-duty ladder” has a working load capacity of 250 pounds, a “Type 1A industrial extra heavy-duty ladder” has a working load capacity of 300 pounds, and a “Type 1AA special duty ladder” has a working load capacity of 375 pounds.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 11 (section 3412) filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Repealer of subsection (h)(4) filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

3. Repealer of article ii (section 3412) filed 6-2-87; operative 7-2-87 (Register 87, No. 24).

4. Amendment of article and section headings and new section filed 1-7-93; operative 1-7-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 2).

5. Amendment filed 10-1-2008; operative 10-31-2008 (Register 2008, No. 40).

§3413. Ladders.

Note • History

(a) All portable ladders shall be at least Type 1 industrial heavy-duty ladders, Type 1A industrial extra heavy-duty ladders or Type 1AA special duty ladders as referred to in subsection (c) of this section, and shall be designed and constructed in accordance with Section 3276(c) of the General Industry Safety Orders.

(b) Portable ladders shall be tied, blocked or otherwise secured to prevent displacement.

(c) All special purpose poster ladders ordered or purchased after January 1, 1993, shall be approved, Type 1 industrial heavy-duty, Type 1A industrial extra heavy duty ladders or Type 1AA special duty ladders equipped with a hook(s) at the top of the ladder that fits securely over the top edge of billboards.

(d) All special purpose poster ladders ordered or purchased after January 1, 1993, shall have a permanent and durable label containing the following information:

1. Manufacturer's Name;

2. Date of Manufacturer;

3. Type and/or Duty Rating;

4. Approval Certification.

(e) All special purpose poster ladders shall be inspected for defects prior to use. Defective ladders shall be repaired before use or removed from service.

(f) All special purpose poster ladders placed in service prior to January 1, 1993, shall be identified by the employer with a durable identification mark.

(g) The hooks on the special purpose poster ladders shall be of such a size that they will not interfere with the horizontal movement of the ladder.

(h) In addition to subsection (b) above, special purpose poster ladders, when used in conjunction with poster ladder scaffolds, shall be secured to prevent horizontal movement.

(i) Special purpose poster ladders used to access the fixed ladder of the billboard platform shall not be attached to the bottom rung of the fixed ladder. If a special purpose poster ladder is positioned against the platform to gain access, the ladder shall extend at least three feet above the horizontal edge of the platform.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-93; operative 1-7-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 2).

2. Amendment of subsections (a) and (c) filed 10-1-2008; operative 10-31-2008 (Register 2008, No. 40).

3. Amendment of subsection (a) filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

§3414. Poster Ladder Scaffolds.

Note • History

(a) Poster ladder scaffolds shall only be used with special purpose poster ladders designed for such use.

(b) No more than two employees at a time shall be allowed on the platform of a poster ladder scaffold.

(c) The platform shall be at least 14 inches wide consisting of a structural plank or equivalent, free from damage that could affect its strength.

(d) The ladders that support the platform plank shall not be placed over 16 feet from center to center, and where the platform consists of a single-dressed 2-inch by 14-inch plank, the spacing shall not be greater than 12 feet.

(e) Both metal and wood platform planks shall overlap the bearing surface of the supports by at least 12 inches but not more than 18 inches.

(f) Platform plank supports shall be so designed and constructed that they will bear on the ladder's rungs. The bearing area shall be at least 8 inches on each rung.

(g) When working from a special purpose poster ladder or poster ladder scaffold, employees shall use full body harnesses with:

(1) lanyards attached to independently anchored safety lines or

(2) self retracting lifelines attached to approved anchorages.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-93; operative 1-7-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 2).

2. Amendment of subsection (g) and new subsections (g)(1)-(2) filed 10-1-2008; operative 10-31-2008 (Register 2008, No. 40).

§3415. Suspended Scaffolds.

Note • History

Suspended scaffolds shall comply with the applicable provisions of Article 23 of the Construction Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-93; operative 1-7-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 2).

§3416. Fall Protection.

Note • History

(a) On all outdoor advertising structure platforms, over 7-1/2 feet above ground or other surface, which are not provided with standard guardrails, employees shall be provided with and required to use approved personal fall protection, and where employees' work requires horizontal movement at such heights, a horizontal safety line shall be provided. When the employee's harness lanyard is secured to the special purpose poster ladder, a horizontal safety line need not be provided.

(b) The horizontal safety line shall be designed under the supervision of a professional engineer currently registered in the State of California and installed as part of a complete personal fall protection system, with a safety factor of at least two.

(c) Outdoor advertising structures, where employees post billboards while working from special purpose poster ladders, shall be provided with one of the following:

(1) A horizontal safety line so located on the billboard that employees can attach their fall arrest harness' lanyard when working from the upper half of the ladder, or

(2) A 1/4-inch improved plow steel cable 19 inches in length with 4-inch swaged loops on each end. The steel cable shall be looped through the special purpose hooked ladder with the lanyard's snaphook attached to both loops of the cable. Other locking connectors of equivalent strength, such as caribiners, may be used in lieu of the 1/4-inch improved plow steel cable, or

(3) A special purpose poster ladder equipped with anchor point(s).

(d) Lanyards shall include a shock absorber and shall not exceed 6 feet in total length.

Exception:Self-retracting lifelines used in accordance with this Article.

(e) Self-retracting lifelines may be used in conjunction with special purpose Type 1 industrial heavy-duty, Type 1A industrial extra heavy-duty ladders, Type 1AA special duty ladders or where attached to an approved anchorage.

(f) Personal fall protection system anchorage shall meet the strength requirements specified in Article 24 of the Construction Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-7-93; operative 1-7-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 2).

2. Amendment filed 10-1-2008; operative 10-31-2008 (Register 2008, No. 40).

3. Editorial correction of subsection (c)(2) (Register 2012, No. 7).

Group 3. General Plant Equipment and Special Operations

Article 12. Tree Work, Maintenance or Removal

§3420. Scope and Definitions.

Note • History

(a) Scope. This standard applies to work performed and equipment used in tree and ornamental palm maintenance and removal.

NOTE 1: Requirements for fall protection in date palm operations and for ladders attached to date palms are provided in the General Industry Safety Orders, Sections 3458 and 3458.1.

NOTE 2: For line clearance tree trimming operations in proximity to high voltage energized conductors, refer to the provisions of Article 38 of the High-Voltage Electrical Safety Orders, Title 8, California Code of Regulations.

(b) Definitions.

Apex. The point at which two saw cuts meet to form a notch.

Back Cut. The cut made in the tree limb or trunk on the side opposite the intended direction of fall.

Brush Chipper. Equipment used to reduce tree debris to wood chips.

Bucking. The process of cutting the downed tree into appropriate lengths.

Climbing Hitch. A hitch used for securing a tree climber to the climbing line, permitting controlled ascent, descent, and work positioning.

Climbing Lines (Climbing Ropes). Rope that is designed by the manufacturer to support the climber while aloft in a tree.

Climbing Spurs. Sharp devices strapped to a climber's lower legs to assist in climbing trees.

Come-along. A portable, hand-operated winching device, using cable or ropes to draw two objects closer together.

Crotch. Branch union; the angle formed by two branches in the tree.

Double-crotching. A climbing method that uses the rope's opposite end or a second rope to enhance stability.

Drop Zone. The area established by a qualified tree worker beneath employees aloft involved in tree work operations and/or where the potential exists for struck-by injuries from objects dropped or lowered from above.

Felling. Cutting down an entire tree or standing section of a tree in one piece, from the ground, by incorporation of a notch and back cut.

Frond. A large compound leaf of a palm.

False Crotch. A system, other than a natural crotch, used to support a climbing line.

Hinge. A strip of uncut wood fibers created between the face cut or notch and the back cut that helps control direction in tree felling or limb removal.

Leader. The stem or trunk of a tree usually growing in the upright position.

Lightning Protection System. Hardware installed in a tree intended to reduce the risk of damage from a lightning strike.

Limbing. The removal of branches from either standing or downed trees.

Notch. A wedge cut into the tree or tree section facing the intended direction of fall to control the felling direction.

(A) Conventional Notch. A directional felling cut into the side of a tree, facing the intended direction of fall and consisting of a horizontal face cut and an angle cut above it, creating a notch of approximately 45 degrees.

(B) Humboldt Notch. A directional felling cut into the side of a tree, facing the intended direction of fall and consisting of a horizontal face cut and an angled cut below it, creating a notch of approximately 45 degrees. A Humboldt notch is usually reserved for larger trees on steep slopes.

(C) Open-faced Notch. A directional felling cut into the side of the tree facing the intended direction of fall and consisting of two cuts creating a notch greater than 70 degrees.

Ornamental Palm. A palm that is primarily for landscaping or scenery and not grown for the production and harvesting of fruits, such as dates for personal use or sale.

Palm Frond Skirt. One or more year's accumulation of dead and drooping palm fronds at the bottom of the palm's canopy and along its trunk.

Proximity. An area within 10 feet (3.05 meters) of energized overhead electrical conductors rated 50 kilovolts (kV) phase to phase or less. For overhead electrical conductors rated more that 50 kV phase to phase, the distance is increased 4/10 inch (10 millimeters) for each additional kV.

Prusik Loop. An endless loop of rope used to fashion the Prusik knot (which is a sliding friction knot). The endless loop may be spliced or knotted with, at minimum, a double fisherman's knot.

Qualified Tree Worker. An employee who, through related training and on-the-job experience, has demonstrated familiarity with the techniques and hazards of tree maintenance, removal, and the equipment used in the specific operations involved.

Root Collar. A flared area at the tree trunk base where the roots and trunk come together.

Rope(s). Includes climbing lines and climbing ropes unless otherwise stated, and includes all other ropes and lines used in tree work, maintenance and removal operations.

Secured (person). A tree worker that is safeguarded by utilizing a climbing system attached to the tree worker and connected to a tree or other stable support.

Split Tail. A short section of climbing line with one end connected by a self-closing, self-locking carabiner or snap hook to the suspension D-rings of the tree saddle and the opposite end connected to the climbing line by a climbing hitch.

Step Potential. The voltage difference between the feet of a person standing near an energized grounded object. It is equal to the difference in voltage, given by the voltage distribution curve, between two points at different distances from the electrode.

Structural Support System. Consists of cabling between branches, installation of rods or bracing or other hardware used to keep the tree or its limbs structurally solid.

Tied In. When a tree worker's climbing line has been run through a natural or false crotch attached to the tree worker's saddle and completed with a climbing hitch or mechanical device, permitting controlled movement and work positioning.

Tree Climbing System. A collection of equipment used together for work positioning in a tree and generally consisting of a tree worker's saddle, one or more climbing lines, one or more work positioning lanyards and associated hardware.

Tree Worker's Saddle. An arrangement of straps, fittings, and buckles or other elements in the form of a waist belt with a low attachment element or elements and connecting support encircling the legs, suitably arranged to support the body in a sitting position.

Work-positioning Lanyard. For purposes of Article 12, a component of a tree climbing system consisting of a short section of approved rope, strap or line that has a rope snap or carabiner at either end, and that is used as a point of attachment to the tree or ornamental palm for securing the worker in the tree while aloft.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 12 (sections 3415-3418, not consecutive) filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Repealer of article 12 (sections 3415-3418, not consecutive) and new article 12 (sections 3420-3428 and Appendix A) filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16). For prior history, see Register 76, No. 21.

3. Amendment filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

4. Change without regulatory effect amending subsection (a) filed 4-2-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 14).

5. Amendment of section heading and section filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3421. General.

Note • History

(a) An Injury and Illness Prevention Program shall be implemented and maintained in accordance with Section 3203 of these Orders.

(b) Each work location where tree trimming, tree repairing or removal is to be done, shall be under the direction of a qualified tree worker.

(1) The hazards involved in their job assignments.

(2) The proper and safe use of all equipment, including, but not limited to, safety equipment and personal protective equipment.

(3) The identification of, and preventive measures relating to, common poisonous plants and harmful animals.

(4) Operations that include pesticide and fertilizer applications for employers whose employees are exposed to, or engage in, such operations.

(5) The recognition and avoidance of electrical hazards applicable to employee job assignments including the instructions and training outlined in Section 3423 for tree work performed in proximity to energized power lines and conductors.

(d) Training shall be documented by the employer to certify that the employee has satisfactorily completed the training program prior to performing the job assignment without the oversight and observation of a qualified person.

(e) The employer shall provide refresher or additional training on applicable provisions of this standard for any employee who has:

(1) Been observed to violate the requirements of this Article;

(2) Been involved in an accident or near miss incident; or

(3) Receives a new job assignment that includes the use of equipment, machinery, tools or safety-related work practices that the employee is unfamiliar with.

(f) A job briefing shall be conducted by a qualified tree worker before each work assignment is begun. Such job briefing shall include the description of the hazards unique to the work assignment, the appropriate work procedures to be followed, the appropriate personal protective equipment needed, and any other items necessary to ensure that the work can be accomplished safely. Additional job briefings shall be held if significant changes which might affect the safety of the employees occur during the course of the work.

(g) All equipment shall be operated by qualified persons, and where required, qualified tree workers.

(h) Except for the inspections required by Sections 3422(j) and 3424(a)(2), all other equipment and safety devices shall be inspected prior to daily use by a qualified tree worker and any found to be defective shall be immediately repaired or removed from service.

(i) An adequate supply of potable water shall be provided in accordance with the requirements of Section 3363 of these Orders.

(j) Where vehicular or pedestrian traffic may endanger employees, traffic control shall be provided that conforms to the requirements of Sections 1598 and 1599 of the Construction Safety Orders.

(k) Internal combustion engine fuel tanks shall be refilled in accordance with Section 3319 of these Orders.

(l) The employer shall establish rescue procedures and provide training in emergency response. Training in aerial rescue procedures shall be provided for employees whose job assignments may require them to perform aerial rescues.

(m) The employer shall provide training in first aid and cardiopulmonary resuscitation (CPR). For field work involving two or more employees at a work location at least two trained persons in first aid and CPR shall be available. All new employees shall be trained in first aid and CPR within 90 days of their hiring dates. First aid and CPR training shall be performed by a certified instructor and shall be equal to that of the American Red Cross or the Mine Safety and Health Administration.

(n) When employees are required to work in areas in which the noise levels exceed the allowable standards for occupational noise, the employer shall provide hearing protection and training as required in Article 105 of these Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Change without regulatory effect amending subsection (h) filed 4-2-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 14).

3. Amendment filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3422. Ropes and Tree Worker Climbing Equipment.

Note • History

(a) Tree workers' saddles shall be approved for their intended use as defined in Section 3206 of these orders. All load bearing components of a climbing system shall have a minimum tensile strength of 5,000 pounds.

EXCEPTION: Equipment such as a mechanical ascending device, provided that it is used with a secondary device that meets the minimum tensile strength requirements of this subsection.

(b) Tree worker saddles, work positioning lanyards and climbing lines shall be designed by the manufacturer as suitable for tree climbing. This climbing equipment shall not be altered in a manner that would compromise the integrity of the equipment.

(c) Climbing lines shall be designed by the manufacturer to support the climber while aloft in a tree. Climbing lines shall be constructed from a synthetic fiber with a minimum rated tensile strength of 5,000 pounds (22.24 kilonewtons [kN]) and shall have a minimum diameter of 1/2 inch (12.7 mm). Maximum working elongation shall not exceed seven percent at a load of 500 pounds (2.22 kN).

EXCEPTION: Climbing line not less than 7/16 inch (11 mm) in diameter may be used when all of the following conditions are met: 1) the strength and elongation requirements meet that of 1/2 inch diameter climbing line; 2) the climbing line is identified by the manufacturer as suitable for tree climbing and is used in accordance with the manufacturer's recommendations and; 3) the employee has been trained in its use.

(d) Prusik loops, split tails, and work-positioning lanyards used in a tree climbing system shall meet the minimum strength requirements for tree climbing lines.

(e) Equipment used to secure the tree worker in the tree or aerial lift shall not be used for anything other than its intended purpose.

EXCEPTION: The climbing line may be used to raise and lower tools.

(f) If a climbing line is used for any purpose other than to support the worker aloft or for use as permitted in subsection (e), it shall not be used again to serve as a tree worker's climbing line.

(g) Climbing lines shall never be left in trees unattended when there is no qualified tree worker at the job site location.

(h) Rope ends shall be finished in a manner to prevent raveling.

(i) Rope and climbing equipment shall be stored and transported in a manner that prevents damage by contact with sharp tools and cutting edges, gas, oil and chemicals.

(j) Ropes, climbing equipment, tackle blocks and pulleys shall be inspected for damage, cuts, abrasions and/or deterioration before each use that involves re-rigging or moving the climbing system. Defective equipment and components shall be immediately removed from service.

(k) Climbing lines shall not be spliced to effect repair.

(l) Climbing spurs shall be of the tree-climbing type and shall have gaffs of the type and length suitable for the tree being climbed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Change without regulatory effect amending section filed 4-2-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 14).

3. Repealer and new section filed 8-4-95; operative 9-3-95 (Register 95, No. 31).

4. Amendment of section heading and section filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3423. Electrical Hazards, General.

Note • History

(a) Employees engaged in tree work operations such as, but not limited to, tree trimming, maintenance and removal in proximity to electrical equipment and conductors, shall be instructed regarding the following:

(1) To consider all such equipment to be energized with potentially fatal voltages, never to be touched (contacted) either directly or indirectly.

(2) Electrical shock will occur when a person, by either direct contact or indirect contact with an energized electrical conductor, energized tree limb, tool, equipment, or other object, provides a path for the flow of electricity to a grounded object or to the ground itself. Simultaneous contact with two energized conductors phase to phase will also cause electric shock that may result in serious or fatal injury.

(3) Electrical shock may occur as a result of ground fault when a person stands near a grounded object. For example, if an uninsulated aerial device with its outriggers down comes into contact with a conductor.

(4) In the event of a downed energized electrical conductor or energized grounded object, there exists the hazard of step potential.

(b)(1) Employees shall not perform tree trimming activities within 10 feet of high voltage energized power lines and conductors unless the employee meets the requirements of subsection (c).

(2) A qualified tree worker shall be permitted to perform tree trimming activities within 10 feet, but no closer than 1 foot, of energized low voltage (600 volts or less) power lines and conductors, provided that the qualified tree worker is trained and competent in the following:

(A) The skills and techniques necessary to identify components of an electrical system, including the ability to distinguish exposed live parts from other parts of electric equipment;

(B) The skills and techniques necessary to determine the difference between low and high voltage energized conductors and equipment;

(C) The minimum approach distances that must be maintained as specified in this section corresponding to the voltages to which an employee will be exposed, and

(D) The skills and work practices necessary to avoid contact with electrical lines and conductors, including the use of personal protective equipment and insulating or non-conductive tools.

(c) Line clearance tree trimming operations as defined in Section 2700 of the High-Voltage Electrical Safety Orders (related to electrical equipment and conductors in excess of 600 volts) shall be conducted in accordance with Article 38 of the High-Voltage Electrical Safety Orders. Only qualified line clearance tree trimmers, or trainees, as defined in Section 2700 of the High-Voltage Electrical Safety Orders shall be permitted to perform such line clearance tree trimming work.

NOTE: Sections 2940.2 and 2951 of the High-Voltage Electrical Safety Orders provide minimum approach distances and requirements for line clearance operations.

(d) Metal core rope used in a climbing system shall not be used in proximity to energized electrical equipment and conductors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Change without regulatory effect amending subsection (b) filed 10-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 44).

3. Amendment filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3424. Mobile Equipment.

Note • History

(a) General.

(1) All vehicles and mobile equipment shall be equipped, maintained and operated in accordance with the manufacturer's recommendations, applicable safety orders of the California Code of Regulations, Title 8, including, but not limited to, the provisions contained in this Article 12 of the General Industry Safety Orders.

(2) Prior to the daily use of vehicles and mobile equipment, visual inspections and operational checks shall be made in accordance with the manufacturer's instructions.

(3) No part of the employee's body shall be used to locate or attempt to stop a hydraulic leak.

(4) Transportation of employees and materials shall be conducted in accordance with the provisions of Article 27 of these Orders.

(5) Vehicles shall not be operated at speeds which will endanger the driver or workers.

(b) Aerial Devices.

(1) All aerial devices used for operations within the scope of this standard shall be in accordance with Article 24 of the General Industry Safety Orders except as modified by the provisions contained in this Article 12 of the General Industry Safety Orders.

(2) Placement of an employee in a tree with the aid of an aerial device shall be accomplished in the following manner:

(A) Prior to leaving the personnel basket or platform for entry into the tree, employees shall be secured to the tree in accordance with the requirements in Sections 3422 and 3427 before releasing the personal fall protection system attached to the aerial device. The procedure shall be reversed when entering the personnel basket or platform from a tree.

(1) Each rotary drum tree or brush chipper or disk-type tree or brush chipper not equipped with a mechanical infeed system shall be equipped with an infeed hopper not less than 85 inches, measured from the blades or knives to ground level over the centerline of the hopper, and shall have sufficient height on its side members so as to prevent personnel from contacting the blades or knives of the machine during normal operations.

(2) Each rotary drum tree or brush chipper or disk-type tree or brush chipper not equipped with a mechanical infeed system shall have a flexible anti-kickback device installed in the infeed hopper for the purpose of protecting the operator and other persons in the machine area from the hazards of flying chips and debris.

(3) All brush chippers shall be equipped with a locking device on the ignition system to prevent unauthorized starting of the equipment.

(4) Trailer chippers detached from trucks shall be chocked or otherwise secured.

(5) Cutting bar and blades shall be kept sharp, properly adjusted and otherwise maintained in accordance with the manufacturer's recommendations.

(6) Each disk-type tree or brush chipper equipped with a mechanical infeed system shall have a quick stop and reversing device on the infeed. The activating lever for the quick stop and reversing device shall be located across the top, along each side of, and as close to the feed end of the infeed hopper as practicable and within easy reach of the operator.

(7) Rotary drum or disk-type brush chippers shall be fed from the side of the centerline, and the operator shall immediately turn away from the feed table when the brush is taken into the rotor.

(8) Employees shall never place hands, arms, feet, legs, or any other part of the body on the feed table when the brush chipper is in operation or the rotor is turning.

(9) Climbing equipment, ropes, body belts, harnesses and lanyards shall not be worn while operating chippers.

(10) The brush chipper discharge chute or cutter housing cover shall not be opened or removed while any part of the chipper is turning or moving.

(11) Material such as stones, nails, and similar debris shall not be fed into the brush chipper. Ropes that present an entanglement hazard shall be prevented from entering the point of operation of the chipper.

(12) Chipper mounted winches shall be used in accordance with the manufacturer's instructions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (b)(1) and (c) filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment of subsection (a)(1), new subsections (a)(2)-(5), amendment of subsections (b)(1) and (b)(2)(A) and new subsections (c)(7)-(12) filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3425. Portable Power Hand Tools.

Note • History

(a) Power Saws.

(1) Power saws shall be operated and maintained in accordance with the manufacturer's instructions.

(2) Power saws weighing more than fifteen pounds (service weight) that are used in trees shall be supported by a separate line or tool lanyard, except when working from an aerial-lift device or during topping or removing operations where no supporting limb is available.

(3) All power saws shall be equipped with a constant pressure control that will return the saw to idling speed when released.

(4) Power saws shall be so adjusted that the chain drive will not engage at idling speed.

(5) Power saw engines shall be stopped when carried for a distance greater than 100 feet, or in hazardous conditions such as slippery surfaces or heavy underbrush. Chain brakes shall be engaged or the saw engine stopped when the saw is carried a distance greater than 10 feet.

(6) The saw shall be stopped for all cleaning, refueling, adjustments, and repairs to the saw or engine where practicable, except where manufacturers' instructions require otherwise.

(7) Tree workers shall use a second point of attachment such as a work-positioning lanyard or double-crotched rope when operating a chain saw in a tree, unless the employer demonstrates that a greater hazard is posed by using a second point of attachment while operating chain saws in that particular situation.

(8) While a powered pole saw or brush saw is running, no one shall be permitted within 10 feet of the cutting head, except the operator.

(9) Powered saws shall be equipped with a quick shutoff switch readily accessible to the operator.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3426. Hand Tools.

Note • History

(a) General.

(1) Hand tools shall be used in accordance with Section 3556 of these Orders.

(2) When climbing into a tree, tree workers shall not carry hand tools and equipment in their hands unless they are tools used to assist them in their climbing. Tools other than ropes or throwlines shall not be thrown into a tree, out of a tree or between workers aloft.

(3) Employees shall maintain a safe working distance from other employees when using hand tools.

(4) Chopping tools shall be swung away from the feet, legs, and body.

(5) Chopping tools shall not be driven as wedges or used to drive metal wedges unless specifically designed to be driven or to be used to drive wedges.

(6) Hand tools and equipment shall be properly stored or placed in plain sight out of the immediate work area when not in use.

(b) Pruners and Saws.

(1) Pole pruners, pole saws, and other similar tools shall be equipped with non-conducting poles and actuating cords.

(2) Pole pruners and pole saws shall be hung securely in a vertical position to prevent dislodging. Pole pruners or pole saws shall not be hung on utility wires or cables, or left in the tree overnight. Pole saws shall be hung so that the sharp edge is away from the employee.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3427. Safe Work Procedures.

Note • History

(a) Climbing and Access.

(1) Prior to climbing the tree, the employer shall ensure that the tree, including the root collar, is visually inspected by a qualified tree worker who shall determine and ensure a safe method of entry into the tree. The location of all electrical conductors and equipment within the work area shall be identified in relation to the work being performed. Climbing lines, ropes, lanyards, and other climbing equipment shall be inspected in accordance with the provisions of Section 3422(j) of this Article 12.

(A) Only when a tree cannot be safely accessed by climbing or the use of aerial devices, a qualified tree worker may be hoisted into position by using an approved tree worker's saddle secured to a crane's hook that shall be closed with a positive locking device. The tree worker's saddle shall also be secured to an independent line attached above the crane hook, and the following criteria shall be met:

1. All climbing equipment, lines and rigging shall have a minimum breaking strength of at least 5,000 pounds.

2. The crane boom and load line shall be moved in a slow, controlled, cautious manner with no sudden movements when the qualified tree worker is attached to the crane.

3. The requirements for hoisting employees by crane in a personnel platform contained in Sections 5004(d)(2), (4), (5), (6), and 5004(e) shall apply to the hoisting of a qualified tree worker suspended in an approved tree worker saddle.

4. Cranes used for tree work shall be equipped with a functional load indicating device.

5. The crane operator shall be familiar with the potential hazards and operational techniques encountered in tree work.

6. The qualified tree worker being hoisted shall be in continuous communication with the crane operator, or signals shall be relayed by a qualified signal person as provided in Section 5001.

7. The crane operator shall remain at the controls when the qualified tree worker is attached to the crane.

8. The qualified tree worker shall be detached from the crane while the load is hoisted.

9. The employer shall ensure that the crane operator and qualified tree worker determine the weight of the load being lifted to prevent the crane from being overloaded.

10. The hoisting of a qualified tree worker shall be promptly discontinued upon indication of any dangerous weather conditions or other impending danger.

NOTE: 1. Other applicable provisions pertaining to crane operations are contained in the General Industry Safety Orders, Group 13, Cranes and Other Hoisting Equipment.

NOTE: 2. For line clearance tree trimming operations, see Article 38 of the High Voltage Electrical Safety Orders.

(B) Special Training Requirements. The employer shall ensure that every qualified tree worker involved in tree work utilizing a crane to position personnel into a tree under the provisions of Section 3427(a)(1)(A), receives instruction and training on such work and is competent in the following areas:

1. Safe work procedures and knowledge of the hazards applicable to tree work involving the use of cranes.

2. The use of personal protective equipment required for tree work.

3. The inspection and safe use of all climbing equipment, lines and rigging.

4. Crane signals and communication requirements with the crane operator as provided in Section 5001.

5. Instructions regarding electrical hazards as described in Section 3423.

6. The safe use of chain saws in tree work.

7. The conditions and criteria necessary to permit the use of a crane to provide access into a tree.

8. The handling of loads as described in Section 4999 and rigging techniques for tree work.

9. Effective means for controlling pedestrian and vehicular traffic.

(C) Documentation of employee training required by Section 3427(a)(1)(B) shall be maintained as prescribed by Section 3203 of these Orders.

(2) When working aloft, employees shall wear a tree workers' saddle and have at least two means of being secured, such as a climbing line and a work positioning lanyard.

(3)(A) Employees shall be tied in or secured while ascending the tree and remain tied in or secured until the work is completed and they have returned to the ground.

(B) Employees shall not work from or leave a ladder to gain access to a tree unless the employee is tied in or otherwise secured to the tree.

EXCEPTION: Employees may work from a self-supporting ladder in accordance with the manufacturer's instructions.

(4) The tie-in point shall be established on or around the main leader or a major upright branch of the tree as high as necessary using branches with a wide crotch to prevent any binding of the climbing line. The crotch selected for tying-in shall be over the work area as nearly as possible, but located in such a way that a slip or fall would not permit the employee to come in contact with any electrical conductor, equipment or other hazard.

(b) Pruning, Trimming and Tree Removal Operations.

(1) The employer shall establish a method of verbal or visual communication which shall be reviewed during the job briefing, prior to the start of pruning or removal operations. The verbal or visual communication system shall use an established command and response system or pre-arranged, two-way hand signals. The communication method shall be clearly understood and used during all rigging operations. The command “stand clear” from aloft and the response “all clear” from the ground are some terms that may be used for verbal communication.

(2) A drop zone shall be established prior to the start of pruning or removal operations. Employees not directly involved in the pruning or removal operation shall stay out of the pre-established drop zone until it has been communicated by a qualified tree worker directly involved in the operation that it is safe to enter the drop zone. Employees shall be positioned and their duties organized so that the actions of one employee will not create a hazard for any other worker.

(3) Only qualified tree workers directly involved in the operation shall be permitted in the drop zone when a load is being suspended by a rigging system.

(4) When a rigging system is necessary, a qualified tree worker shall determine the appropriate rigging system for the removal project based on factors that include, but are not limited to, the species, size, weight, and length of tree sections or limbs being removed.

(5) When it is necessary to remove branches or sections of a tree that will be removed, a qualified tree worker who is trained and experienced in rigging operations shall determine whether the tree can withstand the strain of the lowering procedures. If the determination is that the tree cannot do so, other means of removing the tree shall be considered.

(6) Wedges, block and tackle, rope, and other lowering devices shall be used when there is a danger that a tree or trees being removed may fall in the wrong direction or damage property. All limbs and sections shall be removed to a height and width sufficient to allow the tree to fall clear of any wires or other objects in the vicinity.

(7) Separate ropes for lowering limbs shall be attached to limbs which cannot be dropped or are too heavy to be controlled by hand. Climbing lines shall not be attached to the same crotch as ropes used for lowering limbs.

(8) Cut branches (hangers) shall be removed from the tree prior to leaving the job site.

(9) When an employee is elevated above 12 feet in any tree work operations including climbing ladders, climbing into the tree or using an aerial device, a second employee shall be present to render immediate assistance.

(10) Palm frond skirts shall be removed from the top down. Qualified tree workers performing this work shall be supported by a climbing line and a false crotch attached above the frond skirt, or they shall work from an aerial device.

EXCEPTION: Fronds may be trimmed from below the dead frond accumulation only when a qualified tree worker who is competent and experienced in palm tree work and the hazards associated with removing dead fronds makes a determination that this task can be safely performed from below.

NOTE: Because palm frond skirts have the potential of unexpectedly releasing onto a worker below, the ANSI Z133.1-2006 standard “Arboricultural Operations--Safety Requirements” Section 8.2.7 states that tree workers shall never attempt to remove palm frond skirts of three years or more growth by positioning themselves below the work areas while being supported by a lanyard.

(11) When dry conditions exist, no employee shall smoke in or near dead palm fronds. All chain saws used under such conditions shall have mufflers and spark arresters in good working condition.

(1) The work area shall be cleared to permit safe working conditions before any cutting is started.

(2) A planned escape route for all workers shall be prepared before cutting any standing tree or trunk.

(3) A notch and back cut shall be used to establish a hinge when felling trees over 5 inches in diameter.

(A) Notches and back cuts shall be made at a height that enables the chain-saw operator to safely begin the cut, control the tree or trunk, and have freedom of movement for escape.

(B) The notch cut used shall be a conventional notch, an open-faced notch, or a Humboldt notch as defined in Section 3420(b).

(D) The back cut shall not penetrate into the predetermined hinge area.

(E) With a conventional notch or Humboldt notch, the back cut shall be 1 to 2 inches above the apex of the notch to provide an adequate platform to prevent kick-back of the tree or trunk. With an open-face notch (greater than 70 degrees), the back cut shall be at the same level as the apex of the notch.

(F) The two saw cuts that form a notch shall not cross at the point where they meet.

(4) Just before the tree or trunk is ready to fall, an audible warning shall be given to those in the area. Pre-arranged, two-way hand signals may also be used as a warning, provided that only qualified persons shall give such signals. All non-involved personnel in the vicinity shall be safely out of range before the tree or trunk falls.

(5) Prior to the start of any tree felling or removal operations, the hazards and relevant factors pertaining to the tree and the site are to be considered by undertaking actions that include, but are not limited to, the following:

(A) Identifying potential hazards in the area surrounding the tree to be removed, including nearby trees.

(B) Determining the species and shape of the tree.

(D) Inspecting for loose limbs and wood chunks, or other overhead material.

(E) Evaluating the wind force and direction.

(F) Identifying decayed or weak spots in the tree.

(G) Providing a means to protect other persons, property, and electrical conductors.

(H) Evaluating the terrain characteristics and/or limitations of the work area; and

(I) Identifying evidence of bees or other wildlife habitation in the tree that may present hazards.

(d) Bucking.

(1) The employee shall work from the uphill side whenever possible during limbing or bucking operations.

(2) The employee shall block the log during bucking operations to prevent rolling, when necessary.

(3) When bucking trunks of trees, wedges shall be used when necessary to prevent binding the chain saw guide bar or chain.

(e) Structural Support Systems, and Lightning Protection Systems.

(1) Employees on the ground shall not stand in the drop zone during the installation of structural support systems or lightning protection systems.

(2) Tools used to install structural support systems or lightning protection systems shall be carried in a bag or on a belt designed to hold such tools or attached to a tool lanyard.

(3) Employees installing cabling, support systems or lightning protection systems shall be positioned off to one side in order to avoid injury in case of a cable system failure that could occur when a block and tackle or hand winch is released.

(4) When removing a cable from a tree, a block and tackle or come-along system shall be used before removing the cable.

(5) When installing a replacement cable, the replacement cable shall be fully installed before removing the outdated cable.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Amendment of subsections (a)-(a)(1), new subsection (a)(2) and subsection renumbering filed 4-1-2004; operative 4-1-2004 pursuant to Government Code section 11343.4(c) (Register 2004, No. 14).

3. Amendment of subsection (a)(1), new subsections (a)(1)(A)-(a)(1)(A)8., repealer of former subsection (a)(2) and subsection renumbering filed 4-29-2004 as an emergency; operative 4-29-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-27-2004 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsection (a)(1), new subsections (a)(1)(A)-(a)(1)(A)8., repealer of former subsection (a)(2) and subsection renumbering refiled 8-26-2004 as an emergency; operative 8-26-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-2004 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 8-26-2004 order, including further amendment of subsections (a)(1)-(a)(1)(A)1., new subsections (a)(1)(A)4.-5., subsection renumbering and new subsections (a)(1)(B)-(C), transmitted to OAL 12-17-2004 and filed 1-24-2005 (Register 2005, No. 4).

6. Amendment filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

§3428. Operating Rules. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

2. Repealer filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).

Appendix A [Repealed]

Tree Workers' Saddles, Safety Belts, Safety Straps And Lanyards

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Appendix A filed 8-8-85; effective thirtieth day thereafter (Register 85, No. 32).

Article 13. Agricultural Operations

§3436. Application.

Note • History

The orders in this article shall apply to agricultural operations. Agricultural machinery and equipment are subject to all applicable Safety Orders except where they are inconsistent with the orders in this article.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3437. Definitions.

Note • History

Agricultural Equipment. Tractors or implements, including self-propelled implements, and stationary equipment which are used in agricultural operations.

Agricultural Operations. All operations necessary to farming in all of its branches, including maintenance of machinery or other facilities, and the planting, cultivating or growing, keeping for sale, harvesting, transporting on the farm or to the place of first processing, any tree, plant, animal, fowl, fish, insect or products thereof.

Frond. As used in Section 3458, the large connected leaf of a date palm tree.

Ground Driven Components. Components which are powered by the turning motion of a wheel driven by ground contact as the equipment travels over the ground.

Guard or Shield. See Article 37, Section 3941.

Guarded by Location. See Article 37, Section 3941.

Long-handled hand tool. Any hand-held tool with a handle of four (4) feet or more in length.

Nip Point. The mesh or pinch point of in-running surfaces such as gears, belts, sprockets, rolls, etc.

Power Take-Off (PTO) Drivelines. The shafts and universal joints between the tractor, or other power source, and the first gear set, pulley, or sprocket. Power Take-Off (PTO) Shaft. The power output shaft protruding from the drive unit of the agricultural equipment.

Self-Propelled Agricultural Equipment. Mobile equipment which is provided with locomotive power as an integral part of the unit.

Short-handled hand tool. Any hand-held tool with a handle of less than four (4) feet in length.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

3. Amendment filed 1-5-87; effective thirtieth day thereafter (Register 87, No. 2).

4. New definition of “frond” filed 8-4-2003; operative 9-3-2003 (Register 2003, No. 32).

§3438. Communications.

Note • History

Where employees do not understand English, safety instructions and warnings shall be presented in a language the employees understand.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3439. First-Aid Kit.

Note • History

(a) There shall be adequate first-aid materials immediately available at the farm headquarters and/or on worker transportation buses. Such materials shall be kept in a sanitary and usable condition. A frequent inspection shall be made of all first-aid materials, which shall be replenished as necessary. In the case of employers whose workers are widely scattered in small crews that are contacted by a traveling foreman, adequate protection may be accomplished by having a first-aid kit in the foreman's car or vehicle.

(b) At remote locations, provisions must be made in advance for prompt medical attention in case of serious injuries. This may be accomplished by on-the-site facilities or proper equipment for prompt transportation of the injured person to a physician or communication system for contacting a doctor or combinations of these that will avoid unnecessary delay in treatment. There shall be at least 1 employee for every 20 employees at any remote location with training for the administering of emergency first aid.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3440. Agricultural Equipment.

Note • History

(a) All tractors shall be equipped with fenders or equivalent protection between the tractor operator and the tracks or rear wheels. On wheel tractors a minimum distance of 64 inches from the centerline of one driving wheel to the centerline of the opposite wheel will be considered equivalent protection. See Article 25 for ROPS and overhead protection.

(b) Tractor brake-locking or parking device shall be of the positive type, designed and maintained in such a manner that tractor vibration will not release the device.

(1) All PTO shafts shall be guarded. If the guard can be used as a step it shall be capable of supporting a 250 pound person.

Exception: Where PTO driven equipment is of a design requiring removal of the PTO shaft guard, the driven equipment shall incorporate guarding of the PTO shaft.

(2) PTO drivelines shall be guarded.

(3) Signs, decals, etc., shall be placed at prominent locations on agricultural equipment specifying that power drive system guards shall be kept in place.

(d) Other Power Transmission Components.

(1) The mesh or nip-point of all power driven gears, belts, chains, sheaves, pulleys, sprockets, and idlers shall be guarded.

(2) All revolving shafts, including projections such as bolts, keys or set screws, shall be guarded, except smooth shaft ends protruding less than one-half the outside diameter of the shaft and its locking means.

(e) Ground driven components shall be guarded if any employee is exposed to those components while they are in motion.

(f) Access to Moving Parts.

(1) Guards, shields, and access doors shall be in place when the equipment is in operation.

(2) Where removal of a guard or access door will expose an employee to any component which continues to rotate after the power is disengaged, the employer shall provide, in the immediate area, the following:

(A) A readily visible or audible warning of rotation (on all agricultural equipment manufactured after June 1, 1977).

(B) A safety sign warning the employee to look and listen for evidence of rotation, and not to remove the guard or access door until all components have stopped.

(g) Functional components of agricultural equipment not specifically addressed in this article, such as snapping or husking rolls, straw spreaders, cutter bars, flail rotors, rotary beaters, mixing augers, feed rolls, rotary tillers, and similar units, which must be exposed for proper function, shall be guarded so as not to interfere with normal functioning of the component.

(h) Sweep arm material gathering mechanisms shall be guarded when used on the top surface of materials within silo structures. The lower or leading edge of the guard shall be located no more than 12 inches above the material surface and no less than six inches in front of the leading edge of the rotating member of the gathering mechanism.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. Amendment of NOTE filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

3. New subsections (d)-(d)(2), subsection relettering, and amendment of newly designated subsection (g) filed 4-4-96; operative 5-4-96 (Register 96, No. 14).

§3441. Operation of Agricultural Equipment.

Note • History

(a) Operating Instructions and Safe Work Practices.

(1) At the time of initial assignment and at least annually thereafter, the employer shall instruct every employee in the safe operation and servicing of all equipment with which the employee is, or will be involved including, instruction on the safe work practices and operating rules provided in subsection (a)(2).

(2) Agricultural equipment shall be operated in accordance with the following safe work practices and operating rules:

(A) Keep all guards in place when the machine is in operation;

(B) Permit no riders on agricultural equipment other than persons required for instruction or assistance in machine operation;

(C) Stop engine, disconnect the power source, and wait for all machine movement to stop before servicing, adjusting, cleaning, or unclogging the equipment, except where the machine must be running to be properly serviced or maintained, in which case all steps and procedures which are necessary to safely service or maintain the equipment shall be taken;

(D) Make sure everyone is clear of machinery before starting the engine, engaging power, or operating the machine;

(E) Lock out electrical power before performing maintenance or service on agricultural equipment. (See Article 3 of the Low-Voltage Electrical Safety Orders.)

Note: For overhead electrical hazards see Section 3455 of this article.

(b) All self-propelled equipment shall, when under its own power and in motion, have an operator stationed at the vehicular controls. This shall not prohibit the operator occupying or being stationed at a location on the vehicle other than the normal driving position or cab if controls for starting, accelerating, decelerating and stopping are provided adjacent and convenient to the alternate position. If the machine requires steering other than ground or furrow steering or operates at ground speeds in excess of two miles per hour, steering controls shall also be provided at the alternate location. Seedling planters and other similar equipment traveling at a speed of two miles an hour or less where a control that will immediately stop the machine is located at the operator's work station will satisfy this requirement.

(1) Furrow guided self-propelled mobile equipment may be operated by an operator not on the equipment provided that all of the following are complied with:

(A) The operator has a good view of the course of travel of the equipment and any employees in the immediate vicinity.

(B) The steering controls, when provided, and the brake and throttle controls are extended within easy reach of the operator's station.

(C) The operator is not over 10 feet away from such controls and does not have to climb over or onto the equipment or other obstacles to operate the controls.

(D) The equipment is not traveling at over two miles per hour ground speed.

(d) All self-propelled equipment shall be equipped with a braking device controlled from the operator's station, capable of preventing the vehicle from moving while parked.

(e) Where mobile farm equipment is towed by a tractor or truck and the tractor or truck driver cannot see the employees on the towed equipment, a positive signaling device shall be installed on the towed equipment, or there shall be a device on the towed equipment that can be actuated to stop the towing equipment in case of an emergency.

(f) Engine exhaust systems shall not be piped into or through an enclosed cab on tractors or other equipment.

(g) All tractors or self-propelled farm equipment used between an hour after sunset or an hour before sunrise shall be equipped with at least one headlight that will illuminate the area in front of the equipment at least 50 feet. There shall be at least one rear light to illuminate equipment at the rear. Additional lighting shall be provided where the operation requires field adjustment or the operator's attention.

(h) Adequate means of access shall be provided so that employees can safely reach the top of the load for manual loading or unloading of high loads.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 1-9-76; effective thirtieth day thereafter (Register 76, No. 2).

2. Repealer and new section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

3. New subsection (a)(6) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

4. Amendment of subsection (a)(5) and repealer of subsection (a)(6) filed 9-19-2000; operative 10-19-2000 (Register 2000, No. 38).

5. Amendment filed 12-2-2002; operative 1-1-2003 (Register 2002, No. 49).

§3442. Horizontal Rotary Spreaders.

Note • History

The spinner shall be guarded to prevent accidental contact. The guard shall consist of a bar, rail, or similar structure beyond the periphery of the spinner.

NOTE

Authority cited: Section 142.3 Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3443. Corn Pickers. [Repealed]

History

HISTORY

1. Repealer filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3444. Beet Trucks.

Note • History

In no case shall the entire side door hinge from the bottom on manually operated beet truck sides. Split doors may be used, providing the bottom hinged portion does not exceed its practical value as a locking device or discharge lip and is not over 18 inches high.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3445. Choppers.

Note • History

(a) Every power-driven cutter, chopper, or grinder shall be guarded to prevent accidental contact with revolving parts or access to hazardous parts of the machine.

Access doors or covers shall be identified by an appropriate warning sign.

(b) Every manually fed power-driven cutter, chopper, or grinder shall be guarded to prevent accidental contact with the feed rolls or other hazardous processing parts of the machine.

Note: Guarding may be accomplished by extending the feed chute or hopper to provide a minimum accessible distance o not less than 88 inches from the working level to the point of operation, or a distance of 36 inches from the edge of the chute or hopper to the point of operation, or other effective means.

(c) Stationary machines which are equipped with feed rolls or other feed-assisting mechanisms shall be provided with a safety bar or trapeze bar which will stop the machine.

(d) Rotary choppers with horizontal blades shall have side shields extending below the plane of the lowest blade. Front and rear guards shall be provided to guard against accidental contact with the revolving blades.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (b) and (c) filed 9-6-79 as procedural and organizational; effective upon filing (Register 79, No. 36).

2. Amendment of subsections (a)-(c) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3446. Conveyors and Elevators.

Note • History

(a) Portable screw conveyors located seven feet or less above the work level shall be covered or guarded to prevent accidental contact with any portion of the screw. Augers shall be guarded with either grating type guards or solid baffle style covers as follows:

(1) The largest dimensions or openings in grating type guards through which materials are required to flow shall be 4 3/4 inches. The area of each opening shall be no larger than 10 square inches. The opening shall be located no closer than 2 1/2 inches to the rotating flighting.

(2) Slotted openings in solid baffle style covers shall be no wider than 1 1/2 inches, or closer than 3 1/2 inches to the exposed flighting.

Exception: Portable material transfer augers which cannot be guarded as above due to the nature of the process or material being transferred shall not be permitted to rotate unless they are in contact with the material to be transferred. The top and rear of the rotating auger shall be guarded. The leading edge of the guard shall extend at least six inches beyond the leading edge of the auger flight. Employees shall not be required or permitted in front of an auger while it is rotating.

(b) Portable sack loader, auger, elevator, or drag conveyor drive systems shall contain only one starting control. The starting control shall be located within ready access of the operator.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. Amendment of subsection (a)(1) filed 9-6-79 as procedural and organizational; effective upon filing (Register 79, No. 36).

3. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

4. Amendment of subsection (a) filed 4-4-96; operative 5-4-96 (Register 96, No. 14).

§3447. Vegetable-Trimming Saws.

Note • History

(a) The unused portion of the saw blades shall be enclosed.

(b) A barrier shall be installed to prevent employees from reaching the saw blades.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3448. Water Hazards.

Note • History

Where and when employees are required to work in or about farm structures such as permanent pools, ponds, water tanks, or reservoirs 4 feet or more in actual depth and where the slope and construction would make exit difficult, ladder, steps or other suitable climbing means extending to the low water level shall be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3449. Ladders. [Repealed]

History

HISTORY

1. Repealer filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3450. Formulation and Application of Restricted Materials.

Note • History

(Organophosphates and carbamates, Toxicity Categories I and II).

Medical requirements relating to the formulation and application of restricted materials shall be as required by Title 3, Article 23 of the California Administrative Code.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3451. Decontamination of Equipment Used for Restricted Materials.

Note • History

(a) Machines, aircraft, or applicators shall be decontaminated before they are overhauled or placed in storage.

(b) Decontamination shall be done in a safe area by washing with water, neutralization, or by means recommended by the manufacturer of the restricted material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3452. Aircraft Crop Dusting and Spraying.

Note • History

(a) All hoppers on crop-dusting aircraft shall have dust-tight covers, and shall have lids so secured that they will not readily open in case of a flipover.

(b) Safety precautions to be followed when using aircraft for crop dusting and spraying shall be as required by Title 3, Article 23 of the California Administrative Code.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3453. Applicator Rigs, Tanks, and Vessels Used for Fertilizer, Insecticide, Pesticide, and Other Chemical Solutions of a Hazardous Nature.

Note • History

(a) All closed tanks over 100 gallons in capacity shall have an effective means to indicate the liquid level.

(b) Fittings, hose, and tubing connections of the proper strength for the maximum pressure encountered in the system shall be used. All hose connections shall be clamped or otherwise safely secured.

Anhydrous ammonia (NH3) connections shall be in accordance with the Unfired Pressure Vessel Safety Orders.

(c) All storage tanks shall have a legend attached, painted, or stenciled on them indicating the type of solution stored in them. The legend shall be in letters at least 2 inches high of a color contrasting with the color of the tank. A notice with precautionary instructions equivalent to the label prescribed by the labeling orders of the Division for the material being used shall also be attached to the tank.

(d) When positive displacement pumps are used and a stop valve is located between the outlet side of the pump and the discharge end of the hose, pipe, or tubing, there shall be installed a relief device which will bypass the liquid back to the low-pressure side of the system to prevent rupturing of the discharge hose, pipe, tubing, or pump.

(e) Controls for applicator tanks shall be placed in such a manner that the employee will receive the least possible exposure from ruptured or breaking lines at the controls.

The distributing manifold (Christmas Tree) if in the immediate vicinity of the operator shall be located to the rear and below the seat level of the operator or completely shielded.

(f) When two or more tanks under gas or liquid pressure are connected by means of a hose, tubing, or pipe blocked at both ends by stop valves, there shall be a device installed in the line to bleed off the pressure before the line is disconnected.

(g) Where aqua ammonia operations are conducted, each bulk tank, mobile applicator, or nurse tank, shall have immediately available from a safe and accessible source, or shall be supplied with sufficient clean water (5 gallons) to enable an employee to wash his eyes in case of accidental sprays or spillage.

(h) All pressure vessels shall be designed and constructed in accordance with the Unfired Pressure Vessel Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a), (c) and (g) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3454. Sheepshearing.

Note • History

(a) Canvas or other fabric material used for floors shall be stretched tight and properly pegged at regular 4 foot intervals around the outer edge to prevent them from gathering or bunching. The floor shall be maintained tight at all times.

(b) Hobbles shall be installed one-third of the way down on each hanger arm. These hobbles shall be secured to the main hanger, and the leather thongs passed through an eyelet on the turn-out side of the shearing floor. On each end of the thongs there shall be a weight adequate enough to pull the hanger arm back to a neutral position in case the clippers are dropped or kicked free.

(c) The catch pen and turn-out pen shall be provided with proper gates or other barriers to prevent sheep from dashing across the shearing floor while shearers are at work.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3455. Overhead Electrical Hazards.

Note • History

(a) Where high-voltage electrical lines pass over, through or along planted areas or orchards, the supervisor or person in charge of work crews shall inspect the work area to determine if the high-voltage lines are located in areas that may expose employees to electrical hazards.

(b) Electrically conductive poles shall not be used for fruit picking or nut-knocking. Employees using other conductive tools or equipment to perform duties such as pruning, harvesting and the handling of irrigation pipe in areas where such tools or equipment could come into contact with overhead high-voltage electrical lines shall not be assigned such work until they are instructed in the hazards associated with working in proximity to energized high-voltage electrical lines (i.e., serious bodily injury or death from accidental contact or near-contact with energized electrical lines). The instruction shall include the use of tools, equipment and work practices necessary to perform work safely and maintain the appropriate clearances specified in subsection (c).

(c) The clearance distances contained in Article 37, Tables 1 and 2 of the High-Voltage Electrical Safety Orders shall be maintained when placing or moving irrigation piping, and when employees use tools, ladders, machinery, or other equipment and materials that could come into contact with high-voltage lines.

NOTE: Article 37, Table 1 pertains to general clearances required from energized overhead conductors and Table 2 pertains to boom-type lifting or hoisting equipment clearances.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 6-5-80; effective thirtieth day thereafter (Register 80, No. 23).

2. Amendment filed 7-2-80; effective thirtieth day thereafter (Register 80, No. 27).

3. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

4. Repealer and new section filed 9-19-2000; operative 10-19-2000 (Register 2000, No. 38).

§3456. Hand-HeldTools.

Note • History

(a) Hand-held tools shall be kept in good condition and be safely stored.

(b) The use of a short-handled hoe or any other short-handled hand tool is prohibited in agricultural operations, as that term is defined in Section 3437, for weeding, thinning or hot-capping when such hoe or short-handled hand tool is used in a stooped, kneeling or squatting position. A long-handled hand tool used for these operations shall not be used as a short-handled hand tool in a stooped, kneeling or squatting position.

(c)(1) Hand weeding, hand thinning, and hand hot-capping in a stooped, kneeling or squatting position shall not be permitted in agricultural operations as defined in Section 3437, unless there is no readily available, reasonable alternative means of performing the work that is suitable and appropriate to the production of the agricultural or horticultural commodity.

(2) Upon inquiry made by the Division of Occupational Safety and Health personnel, the employer shall bear the burden of justifying that the use of hand weeding, hand thinning, or hand hot-capping was required due to the unsuitability of the use of a long-handled tool or other alternative means of performing the work.

(3) Nothing in this subsection shall be construed as prohibiting occasional or intermittent hand weeding, hand thinning or hand hot-capping in a stooped, squatting, or kneeling position that is incidental to a non-hand weeding operation. For purposes of this subsection, occasional or intermittent means an employee is devoting 20 percent or less of his or her weekly work time to hand weeding, hand thinning and hand hot-capping.

(4) Every employer shall provide employees engaged in hand weeding, hand thinning and hand hot-capping, not determined to be occasional or intermittent as defined in subsection (3), an additional five (5) minutes of rest period time, which insofar as practicable, shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of fifteen (15) minutes net rest time per four (4) hours of work, or major fraction thereof. Authorized rest time shall be counted as hours worked for which there shall be no deduction from wages.

(5) Employees engaging in hand weeding, hand thinning, or hand hot-capping shall be provided gloves and knee pads, as necessary, and training required to perform the job in accordance with all guidelines of Section 3203, Injury and Illness Prevention Program.

(6) The employer shall, in accordance with Title 8, Section 11140, provide any hand tool that may be used under subsection (c)(1).

(d) The provisions of subsection (c)(1) and (c)(2) shall not apply to the following situations:

(1) High density plants spaced less than 2 inches apart when planted;

(2) Any agricultural or horticultural commodity grown in fields or greenhouses which have been registered with the County Agricultural Commissioner as organic;

(3) All agricultural or horticultural commodities when they are seedlings; and

(4) Horticultural commodities grown in tubs or planter containers with an opening not to exceed fifteen (15) inches.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-5-87; effective thirtieth day thereafter (Register 87, No.2).

2. Amendment of subsection (b) and new subsections (c)-(d)(4) filed 10-7-2004 as an emergency; operative 10-7-2004 (Register 2004, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-4-2005 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsection (b) and new subsections (c)-(d)(4) refiled 1-26-2005 as an emergency; operative 2-4-2005 (Register 2005, No. 4). A Certificate of Compliance must be transmitted to OAL by 6-6-2005 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-26-2005 order, including amendment of subsections (c)(1), (d)(2) and (d)(4), transmitted to OAL 3-18-2005 and filed 4-29-2005 (Register 2005, No. 17).

§3457. Field Sanitation.

Note • History

(a) Scope: This section shall apply to all agricultural employers.

(b) Definitions.

“Agricultural employer” means any person, corporation, association, or other legal entity that:

A. Owns or operates an agricultural establishment;

B. Contracts with the owner or operator of an agricultural establishment in advance of production for the purchase of a crop and exercises substantial control over production; or

C. Recruits and supervises employees or is responsible for the management and condition of an agricultural establishment.

“Agricultural establishment” is a business operation that uses paid employees in agricultural operations.

“Agricultural operation” means any operation necessary to farming pursuant to Section 3437.

“Hand-labor operations” means agricultural activities or agricultural operations performed by hand or with hand tools in the production of food, fiber, or other materials such as seed, seedlings, plants, or parts of plants. “Hand-labor operations” also include other activities or operations performed in conjunction with hand-labor in the field. Some examples of “hand-labor operations” are the hand-manipulation of irrigation pipes and other irrigation equipment by irrigators; the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings or other crops, including mushrooms; and the hand packing of produce into containers, whether done on the ground, on a moving machine or in a temporary packing shed located in the field. “Hand-labor” does not include such activities as logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses).

“Handwashing facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap or other suitable cleansing agent and single-use towels.

“Potable water” means water that meets the primary standards for drinking purposes found in Title 22, California Code of Regulations, Division 4, Chapter 15.

“Toilet facility” means a fixed or portable facility designed for the purpose of adequate collection and containment of the products of both defecation and urination which is supplied with toilet paper adequate to employee needs. Toilet facility includes biological, chemical, flush and combustion toilets and sanitary privies, in portable or mixed form.

Agricultural operations not involving hand-labor operations shall meet the requirements of Sections 3360-3368.

All other agricultural operations shall meet the following requirements:

(1) Potable drinking water.

(A) Potable water shall be provided during working hours and placed in locations readily accessible to all employees. Access to such drinking water shall be permitted at all times.

(B) The water shall be fresh and pure, suitably cool, and in sufficient amounts, taking into account the air temperature, humidity, and the nature of the work performed, to meet the needs of all employees.

(C) The water shall be dispensed in single-use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited.

Note: For the purposes of this section, the term “common use,” when applied to a drinking receptacle, is defined as its use for drinking purposes by, or for, more than one person without its being thoroughly cleansed and sterilized between consecutive uses thereof by methods prescribed by or acceptable to the State Department for Health Services.

(D) Drinking water containers shall be constructed of materials that maintain water quality, and shall be provided with a faucet, fountain, or other suitable device for drawing the water.

(2) Toilet and handwashing facilities.

(A) Separate toilet facilities for each sex shall be provided for each twenty (20) employees or fraction thereof. One handwashing facility shall be provided for each twenty (20) employees or fraction thereof. Where there are less than five employees, separate toilet rooms for each sex are not required provided toilet rooms can be locked from the inside and contain at least one water closet. Urinals may be installed instead of water closets in toilet rooms to be used only by men provided that the number of water closets shall not be less than two-thirds the minimum number of toilet facilities.

Exception: An employer may provide transportation to toilet and handwashing facilities, as an alternative means of compliance if: 1. employees perform field work for a period of less than two (2) hours (including transportation time to and from the field), 2. fewer than five (5) employees in any agricultural establishment are engaged in hand-labor operations on any given day, or 3. employees are not engaged in hand-labor operations.

(B) Toilet and hand-washing facilities shall at all times meet the following standards:

1. Toilet facilities shall be appropriately screened to keep flies and other vermin away from the excreta.

2. Units housing toilet and handwashing facilities shall be ventilated and provided with self-closing doors, lockable from the inside, and shall be otherwise constructed to ensure privacy.

3. Toilet facilities shall provide a minimum area of eight (8) square feet, with a minimum width of two and one-half (2 1/2) feet for each toilet seat. A minimum area of ten (10) square feet, with a minimum width of two and one-half (2 1/2) feet, shall be required when a urinal is included. Sufficient additional space shall be included if handwashing facilities are within the facility.

4. The wastewater tank on chemical toilets shall be constructed of durable, easily cleanable material and have a minimum tank capacity of forty (40) gallons. Construction shall be such as to prevent splashing on the occupant, field, or road.

5. The handwashing water tank shall provide a minimum capacity of fifteen (15) gallons.

6. Units housing toilet and handwashing facilities shall be rigidly constructed and their inside surfaces shall be of nonabsorbent material, smooth, readily cleanable, and finished in a light color.

7. Water flush toilets and handwashing facilities shall conform to Title 24, California Code of Regulations, Part 5, California Plumbing Code.

(D) The facilities shall be located within a one-quarter (1/4) mile walk or within five (5) minutes, whichever is shorter.

(E) Where due to terrain it is not feasible to locate facilities as required above, the facilities shall be located at the point closest to vehicular access.

(3) Maintenance standards: Potable drinking water facilities, toilet facilities, and handwashing facilities, which are under the control of the employer, shall be serviced and maintained by the employer at all times in accordance with appropriate public health sanitation practices, including the following:

(A) Drinking water containers shall be regularly cleaned, shall be refilled daily or more often as necessary, and shall be kept covered and protected to prevent persons from dipping the water by hand or otherwise contaminating it.

(B) Toilet facilities shall be, at all times, operational, maintained in a clean and sanitary condition, and kept in good repair. Written records of service and maintenance shall be maintained and retained for two years.

(D) Effective odor control and solid-liquefying chemicals shall at all times be used in chemical toilet waste holding tanks.

(E) Contents of chemical tanks shall be disposed of by draining or pumping into a sanitary sewer, an approved septic tank of sufficient capacity to handle the wastes, a suitably sized and constructed holding tank approved by the local health department, or by any other method approved by the local health department.

(F) Privies shall be moved to a new site or taken out of service when the pit is filled to within two (2) feet of the adjacent ground surface. The pit contents shall be covered with at least two (2) feet of well-compacted dirt when the privy is moved.

(G) Handwashing facilities shall at all times meet the following standards:

1. Pure, wholesome, and potable water shall be available for handwashing.

2. Handwashing facilities shall be refilled with potable water as necessary to ensure an adequate supply.

3. Soap or other suitable cleansing agent and single-use towels shall be provided.

4. Signs shall be posted, indicating that the water is only for handwashing purposes.

5. Handwashing facilities shall be provided at the toilet unit or in the immediate vicinity.

6. Handwashing facilities shall be maintained in a clean and sanitary condition.

(H) The disposal of wastes from toilet or handwashing facilities shall not cause unsanitary conditions, nuisance, or contamination.

(4) Reasonable use: The employer shall notify each employee of the location of the sanitation facilities and potable water and shall allow each employee reasonable opportunities during the workday to use these facilities. The employer shall ensure that employees use the sanitation facilities provided and shall inform each employee of the importance of each of the following good hygiene practices to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine, and agrichemical residues:

(A) Use the water and facilities provided for drinking, handwashing, and elimination;

(B) Drink water frequently, especially on hot days;

(D) Wash hands both before and after using the toilet; and

(E) Wash hands before eating and smoking.

(d) Required Reports: Employers cited under this section shall provide to the Division annually for a period of five (5) years following the final order of a citation a written statement under penalty of perjury giving the following information: the estimated peak number of employees; the toilets, washing, and drinking water facilities to be provided by the employer; and any rental and maintenance agreements related to the requirements of this subsection.

NOTE

Authority cited: Sections 142.3 and 6712, Labor Code. Reference: Sections 142.3, 2441 and 6712, Labor Code.

HISTORY

1. New section filed 12-23-91; operative 1-22-92 (Register 92, No. 12).

2. Change without regulatory effect amending subsection (b) ``Potable water” filed 10-1-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 40).

§3458. Fall Protection for Date Palm Operations.

Note • History

(a) Employees working in or on date palm trees shall be protected from falling at heights greater than 7 1/2 feet by the use of approved equipment/devices such as, but not limited to, elevating work platforms or aerial devices, or fall protection as provided in accordance with this Section.

(1) Fall protection systems used to meet the requirements of subsection (a) (i.e., approved personal fall arrest, fall restraint, or work positioning device system) shall meet the requirements of Section 1670 of the Construction Safety Orders, except as modified by subsection (b), (c) and (d) of this section.

(b) Lanyards used in a fall protection system shall be constructed of wire rope or chain when there is a hazard of cutting or damaging the lanyard by the use of tools or knives.

(1) Wire rope lanyards shall meet the minimum strength requirements provided in Section 1670 of the Construction Safety Orders.

(2) Chains used in a fall protection system shall maintain a safety factor of at least 10.

Note: The term “safety factor” is defined as the ratio of the ultimate breaking strength of a member or piece of material or equipment to the actual working stress or safe load when in use.

(1) Date palm saddles are permitted for use only as part of positioning device systems and must incorporate the use of an approved body belt;

(2) Lanyard(s) shall be attached to at least two fronds; and

(3) Dead, decayed, or damaged fronds shall not be used for anchorage.

(d) Positioning device systems used in the crown of date palm trees are permitted for fall protection provided the following conditions are met:

(1) Lanyard(s) shall be attached to at least two fronds;

(2) Lanyard(s) shall have a maximum length of 8 feet and be rigged in such a manner that an employee cannot free fall more than 2 feet;

(3) Dead, decayed, or damaged fronds shall not be used for anchorage; and

(4) When changing work positions, at least one lanyard remains attached to provide fall protection at all times.

(e) A job briefing shall be conducted by a qualified person before each work assignment begins. Such job briefing shall include the description of the hazards unique to a specific job, appropriate work procedures to be followed, and other items to ensure that the work can be accomplished safely.

(f) Prior to each use, fall protection equipment shall be inspected by a qualified person and any found to be defective shall be immediately removed from service.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-4-2003; operative 9-3-2003 (Register 2003, No. 32).

§3458.1. Ladders Attached to Date Palms.

Note • History

(a) Ladders permanently attached to the date palm for access and egress during cultivation and harvesting activities shall meet the following requirements:

(1) Ladders shall be attached to the date palm trunk with a minimum of three 12-gauge galvanized wires fastened at the top, middle and bottom portion of the ladder. Ladders and fastenings shall be capable of supporting a minimum single concentrated live load of at least 250 pounds.

(2) In addition to the requirements of subsection (a)(1), a corrosion resistant steel safety chain shall be securely attached to the ladder rails below the top rung and around the crown of the palm tree.

(3) When more than one ladder is attached to the tree (i.e. when the ladders are used in tandem), they shall be connected to each other by a safety chain securely attaching the ladder rails above the lowest rung of the upper ladder to the ladder rails of the uppermost rung of the lower ladder and around the trunk.

(4) Not more than two ladder sections shall be permanently attached to a date palm.

(5) There shall be not more than one worker on a ladder attached to the date palm at any one time.

(6) Safety chains and related attachments shall maintain a safety factor of at least 10.

(7) Ladder rungs shall be spaced no more than 12 inches apart and shall be at least 12 inches long.

(8) The distance from the centerline of the ladder rung to the nearest permanent object shall be spaced to provide the user with a secure foothold on the rung.

(9) Individual ladders shall be no more than 15 feet in length.

(b) Use of date palm ladders shall be in accordance with the requirements of Section 3278 of these Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-3-2007; operative 11-2-2007 (Register 2007, No. 40).

2. Amendment of subsection (b) filed 12-8-2010; operative 1-7-2011 (Register 2010, No. 50).

Article 14. Marine Terminal Operations

§3459. Scope.

Note • History

This Article applies to all marine terminal operations including longshoring and stevedoring on land, pier, wharf and dock from the terminal gate(s) up to the pier, land, wharf or dock end of the gangway, and to all shore-based cranes or other shore-based devices used for loading of cargo on or off a vessel or ship on the navigable waters of the United States contiguous to the borders of the State of California.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Article 14 (Sections 3459-3474) filed 11-28-75; effective thirtieth day thereafter (Register 75, No. 48).

2. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3460. Definitions.

Note • History

Apron. That open portion of a marine terminal immediately adjacent to a vessel berth and used in the direct transfer of cargo between the terminal and vessel.

Cargo Door (transit shed door). A door designed to permit transfer of cargo to and from a marine terminal structure.

Cargo Packaging. Any method of containment for shipment, including cases, cartons, crates and sacks, but excluding large units such as intermodal containers, vans or similar devices.

Confined Space. See Section 5156(b). Examples of confined spaces are intermodal tank containers and portable tanks.

Dock. A wharf or pier forming all or part of a waterfront facility, including marginal or quayside berthing facilities, not to be confused with “loading dock” as at a transit shed or container freight station, or with the body of water between piers or wharves. Enclosed Space. A space where the ready access or egress for the removal of a suddenly disabled employee is difficult due to the location and/or size of the opening(s).

Flammable Atmosphere. An atmosphere containing more than 10 percent of the lower flammable limit of a flammable or combustible vapor or dust mixed with air.

Front-end Attachments. (As applied to cranes). Various attachments applied to the basic machine for the performance of functions such as lifting, clamshell or magnet services.

Front-end Attachments. (As applied to power-operated industrial trucks). Various devices, such as roll clamps, rotating and sideshifting carriages, magnets, rams, crane arms or booms, load stabilizers, scoops, buckets and dumping bins, attached to the load end for handling lifts as single or multiple units.

Gangway. Any ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel, including accommodation ladders, gangplanks and brows.

Hot Work. Riveting, welding, flame cutting or other fire or spark-producing operation.

Intermodal Container. A reusable cargo container of rigid construction and rectangular configuration, intended to contain one or more articles of cargo or bulk commodities for transportation by water and one or more other transport modes without intermediate cargo handling. The term includes completely enclosed units, open top units, fractional height units, units incorporating liquid or gas tanks and other variations fitting into the container system, demountable or with attached wheels. It does not include cylinders, drums, crates, cases, cartons, packages, sacks, unitized loads or any other form of packaging.

Longshoring Operations. The loading, unloading, moving, or handling of cargo, ships stores, gear, etc., within the scope of this Article.

Loose Gear. Removable and replaceable components of equipment or devices which may be used with or as a part of assembled material handling units for purposes such as making connections, changing line direction and multiplying mechanical advantage. Examples are shackles and snatch blocks.

Marine Terminal. Wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or contiguous areas and structures associated with the primary movements of cargo or materials from vessel to shore or shore to vessel including structures which are devoted to receiving, handling, holding, consolidation and loading or delivery of waterborne shipments and passengers, including areas devoted to the maintenance of the terminal or equipment. The term does not include production or manufacturing areas having their own docking facilities and located at a marine terminal nor does the term include storage facilities directly associated with those production or manufacturing areas.

Stringpiece. A narrow walkway between the water edge of a berth and a shed or other structure.

(See Sections 3207 and 4885 for additional definitions.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3461. General.

Note • History

(a) All cargo handling gear and equipment provided by the employer shall be inspected by the employer or his authorized representative before each use and, when necessary, at intervals during its use to insure that it is safe for its intended use. Any such gear which is found to be visibly unsafe shall not be used until it is made safe.

(b) Drafts shall be safely slung before being hoisted. Loose dunnage or debris hanging or protruding from loads shall be removed.

(c) Nails which are protruding from shoring or fencing in the immediate work areas shall be bent over or otherwise rendered harmless.

(Dunnage, lumber, or shoring material in which there are visibly protruding nails shall be removed from the immediate work area, or, if left in that area, the nails shall be bent over or otherwise rendered harmless.)

(d) Barges and railcars shall not be moved by cargo runners (running rigging) from vessel cargo booms, cranes or other equipment not suitable for the purpose.

(e) Bales of cotton, wool, cork, wood pulp, burlap bags or similar articles shall be hoisted by straps or by other means strong enough to support the weight of the bale. At least two hooks, each in a separate strap, shall be used.

(f) Unitized loads bound by bands or straps may be hoisted by the banding or strapping only if the banding or strapping is suitable for hoisting and is strong enough to support the weight of the load.

(g) No employee shall be hoisted by the load hoisting apparatus of a crane or derrick except on intermodal container spreaders equipped in accordance with Section 3466(i).

(h) When stringpiece or apron width is insufficient for safe footing, grab lines or rails shall be installed on the sides of permanent structures.

(i) In order to provide safe access for handling lines while mooring and unmooring vessels, cargo or material shall not be stowed or vehicles placed where they obstruct the work surface to be used.

(j) Hatch beams, covers and pontoons placed in terminal working areas shall be stowed in stable piles with beams secured against tipping or falling. Alternatively, beams may be laid on their sides. When beams and pontoons are stowed in tiers more than one high, dunnage or other suitable material shall be used under and between the tiers.

(k) Cargo and material shall not obstruct access to vessels, cranes, vehicles or buildings. Means of access and egress within buildings shall be similarly unobstructed.

(l) To prevent inadvertent employee entry into spaces that have been identified as having hazardous, flammable or oxygen deficient atmospheres, appropriate warning signs or equivalent means shall be posted at all means of access to those spaces.

(m) Work shall not be carried on in the immediate vicinity of uncovered garbage or in the way of overboard discharges from sanitary lines unless employees are protected from the garbage or discharge by a baffle or splash boards.

(n) Open fires and fires in drums or similar containers are prohibited.

(o) Repair and reconditioning of damaged or leaking cargo packaging (coopering) shall be performed so as not to endanger employees.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3462. Hazardous Cargo.

Note • History

(a) Explosives and other hazardous cargo shall be loaded, unloaded, stored, transported or otherwise handled in accordance with the regulations of the U.S. Department of Transportation and the United States Coast Guard. (q.v., 33 CFR Part 126, 46 CFR Part 146, 49 CFR Part 172.)

(b) Before cargo handling operations begin, the employer shall ascertain whether any hazardous cargo is to be handled and shall determine the nature of the hazard. The employer shall inform employees of the nature of any hazard and any special precautions to be taken to prevent employee exposure, and shall instruct employees to notify him of any leaks or spills.

(c) All hazardous cargo shall be slung and secured so that neither the draft nor individual packages can fall as a result of tipping the draft or slacking of the supporting gear.

(d) If hazardous cargo is spilled or if its packaging leaks, employees shall be removed from the affected area until the employer has ascertained the specific hazards, provided any equipment, clothing and ventilation and fire protection equipment necessary to eliminate or protect against the hazard, and has instructed cleanup employees in a safe method of cleaning up and disposing of a spill and handling and disposing of leaking containers. Actual cleanup or disposal work shall be conducted under the supervision of a qualified person.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3463. Hazardous Atmospheres and Substances.

Note • History

(a) Carbon Monoxide.

(1) Exposure limits. The carbon monoxide content of the atmosphere in a room, building, vehicle, railcar or any enclosed space shall be maintained at not more than 50 parts per million (0.005%) as an 8-hour time-weighted average and employees shall be removed from the enclosed space if the carbon monoxide concentration exceeds 100 parts per million (0.01%).

(2) Testing. Tests to determine carbon monoxide concentration shall be made when necessary to ensure that employee exposure does not exceed the limits specified in subsection (1).

(3) Instrumentation. Tests for carbon monoxide concentration shall be made by qualified persons using gas detector tube units meeting the requirements of 30 CFR Part 11 or other equivalent methods.

(4) Records. A record of the date, time, location and results of carbon monoxide tests shall be available for at least thirty (30) days.

(b) Pesticides (Fumigants, Insecticides, Hazardous Preservatives).

(1) When the employer is aware that cargo in a space is or has been stowed, handled, or treated with a pesticide (fumigant, insecticide, or hazardous preservative), a determination shall be made as to whether a hazardous atmosphere is present in the space, and only employees protected as required in subsection (5) of this section shall enter the space if it is hazardous.

(2) Tests to determine the atmospheric concentration of chemicals used to treat cargo shall be:

(A) Appropriate for the hazard involved;

(B) Conducted by qualified persons; and

(C) Performed at the intervals necessary to ensure that employee exposure does not exceed the permissible exposure limit for the chemical involved.

(3) Results of any test shall be available for at least thirty (30) days.

(4) Chemicals shall only be applied to cargoes by qualified persons.

(5) Only qualified persons shall enter hazardous atmospheres, in which case the following provisions apply:

(A) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of Article 10 and Section 5144 of the General Industry Safety Orders; and

(B) Persons entering a space containing a hazardous atmosphere shall be instructed in the nature of the hazard, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such a space.

(6) Signs shall be clearly posted where fumigants, pesticides or hazardous preservatives have created a hazardous atmosphere. These signs shall note the danger, identify specific chemical hazards, and give appropriate information and precautions, including instructions for the emergency treatment of employees affected by any chemical in use.

(c) Asbestos. When the packaging of asbestos cargo leaks, spillage shall be cleaned up by qualified employees protected from the harmful effects of asbestos as required by Section 5208.

(d) Welding, Cutting and Heating on Preservative Coatings.

(1) Before hot work is commenced on surfaces covered by a preservative coating of unknown flammability, a test shall be made by a qualified person to determine the coating's flammability. Preservative coatings shall be considered highly flammable when scrapings burn with extreme rapidity.

(2) Appropriate precaution shall be taken to prevent ignition of highly flammable hardened preservative coatings. Highly flammable coatings shall be stripped from the area to be heated. An uncoiled fire hose with fog nozzle, under pressure, shall be immediately available in the hot work area.

(3) Surfaces covered with preservative coatings shall be stripped for at least 4 inches (10.2 cm) from the area of heat application or employees shall be protected by supplied air respirators.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50). For prior history, see Register 80, No. 27.

§3464. Accident Prevention and First Aid.

Note • History

(a) Supervisory Accident Prevention Proficiency.

(1) After the effective date of these orders immediate supervisors of cargo-handling operations of more than five (5) persons shall satisfactorily complete a course in accident prevention. Employees newly assigned to supervisory duties after that date shall be required to meet the provisions of this subsection within ninety (90) days of such assignment.

(2) The course shall consist of instruction suited to the particular operation involved.

Note: The following are recommended topics:1. Safety responsibility and authority;2. elements of accident prevention;3. attitudes, leadership and motivation;4. hazards of longshoring, including peculiar local circumstances; 5. hazard identification and elimination;6. applicable regulations; and7. accident investigations.

(b) First Aid.

(1) Employers shall instruct employees to report every injury, regardless of severity, to the employer.

(2) A first aid kit shall be available at the terminal, and at least one person holding a valid first aid certificate shall be at the terminal when work is in progress.

(3) First aid kits shall be weatherproof and contain individual sealed packages for each item that must be kept sterile. Each kit shall either be approved by a licensed physician or shall include at least the following items:

(A) Gauze roller bandages, 1-inch and 2-inch (25.4 mm and 50.8 mm);

(B) Gauze compress bandages, 4-inch (101.6 mm);

(D) Triangular bandage, 40-inch (101.6 cm);

(E) Eye dressing;

(F) Wire or thin board splints;

(G) Forceps; and

(H) First aid dressing.

(4) Stretchers permanently equipped with bridles for hoisting shall be readily accessible. A blanket or other suitable covering shall be available.

(5) Telephone or equivalent means of communication shall be readily available.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50). For prior history, see Register 80, No. 27.

§3465. Terminal Facilities.

Note • History

(a) The structural integrity of docks, piers, wharves, terminals and working surfaces shall be maintained.

(1) Dockboards (car and bridge plates) shall be designed, constructed, and maintained to prevent vehicles from running off the edge.

(b)(1) Vehicle curbs, bull rails, or other effective barriers at least 6 inches (13.74 cm) in height, shall be provided at the waterside edge of aprons and bulkheads, except where vehicles are prohibited. Curbs or bull rails installed after the effective date of this section shall be at least 10 inches (22.9 cm) in height.

(2) The provisions of Subsection (b)(1) also apply at the edge of any fixed level above the common floor area from which vehicles may fall, except at loading docks, where cargo is moved by vehicles.

(c) Readily located ladders shall be provided on all docks, wharves or piers where employees' work exposes them to the hazard of drowning. The ladders shall reach from the floor of the structure to the lowest water elevation. Portable ladders shall be equipped with a substantial means to secure them readily to the structure.

(d) Every marine terminal shall have conspicuously posted signs as follows:

(1) Locations of first aid facilities;

(2) Locations of telephones;

(3) Telephone numbers of the closest ambulance service, hospital or other source of medical attention, police, fire department, and emergency squad (if any); and

(4) Locations of firefighting and emergency equipment and fire exits.

(e) Signs shall be clearly worded and legible, and shall contain a key word or legend indicating the reason for the sign.

(1) Key words are such words as Danger, Warning, Caution.

(2) Legends are more specific explanations such as High Voltage, Close Clearance, Pedestrian Crossing.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50). For prior history, see Register 80, No. 27.

2. Editorial correction of subsection (e)(1) printing error (Register 85, No. 19).

3. New subsection (a)(1) filed 3-6-2001; operative 3-6-2001. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2001, No. 10).

§3466. Intermodal Containers.

Note • History

(a) Every intermodal container shall be legibly and permanently marked with:

(1) The weight of the container when empty, in pounds;

(2) The maximum cargo weight the container is designed to carry, in pounds; and

(3) The sum of the weight of the container and the cargo, in pounds.

(b) No container shall be hoisted by any crane or derrick unless the following conditions have been met:

(1) The employer shall ascertain from the carrier whether a container to be hoisted is loaded or empty. Empty containers shall be identified before loading or discharge in such a manner as will inform every supervisor and foreman on the site and in charge of loading or discharging, or every crane or other hoisting equipment operator and signalman, if any, that such container is empty. Methods of identification may include cargo plans, manifests or markings on the container.

(2) In the case of a loaded container:

(A) The actual gross weight shall be plainly marked so as to be visible to the crane or other hoisting equipment operator or signalman, or to every supervisor and foreman on the site and in charge of the operation: or

(B) The cargo stowage plan or equivalent permanently recorded display serving the same purpose, containing the actual gross weight and the serial number or other positive identification of that specific container, shall be provided to the crane or other hoisting equipment operator and signalman, if any, and to every supervisor and foreman on the site and in charge of the operation.

(3) Every outbound loaded container which is received at a marine terminal ready to load aboard a vessel without further consolidation or loading shall be weighed to obtain the actual gross weight, either at the terminal or elsewhere, before being hoisted.

(4) (A) When container weighing scales are located at a marine terminal, any outbound container with a load consolidated at that terminal shall be weighed to obtain an actual weight before being hoisted.

(B) If the terminal has no scales, the actual gross weight may be calculated on the basis of the container's contents and the container's empty weight. The weights used in the calculation shall be posted conspicuously on the container, with the name of the person making the calculation and the date.

(5) Open type vehicle carrying containers and those built specifically and used solely for the carriage of compressed gases are excepted from Subsections (b)(3) and (b)(4) of this section.

(6) The weight of loaded inbound containers from foreign ports shall be determined by weighing or by the method of calculation described in Subsection (b)(4)(B) or by shipping documents.

(7) Any scale used within the United States to weigh containers for the purpose of the requirements of this section shall meet the accuracy standards of the state or local public authority in which the scale is located.

(c) No container or containers shall be hoisted if its actual gross weight exceeds the weight marked as required in Subsection (a)(3) of this section or it exceeds the capacity of the crane or other hoisting device intended to be used.

(d) (1) Marked or designated areas shall be set aside within a container or roll-on roll-of terminal for passage of employees to and from active cargo transfer points, except where transportation to and from those points is provided by the employer.

(2) The employer shall direct employees to stay clear of the area beneath a suspended container.

(e) Employees either working in the immediate area of container handling equipment such as cranes or industrial trucks or in the terminal's traffic lanes, shall wear high visibility vests, shirts, jackets or other articles of clothing marked with or made of reflectorized or high visibility material.

(f) Containers shall be handled using lifting fittings or other arrangements suitable and intended for the purpose except when damage to an intermodal container makes special means of handling necessary.

(1) Loaded intermodal containers of 20 feet (6.1 m) or more in length shall be hoisted as follows:

(A) When hoisting by the top fitting, the lifting forces shall be applied vertically from at least four (4) such fittings or by means which will safety do so without damage to the container, and using the lifting fittings provided.

(B) If hoisted from bottom fittings, the hoisting connections shall bear on the fittings only, making no other contact with the container. The angles of the four bridle legs shall not be less than 30 to the horizontal in the case of 40-foot (12.2 m) containers; 37 in the case of 20-foot (6.1 m) containers.

(C) Lifting containers by fork lift trucks or by grappling arms from above or from one side may be done only if the container is designed for this type of handling.

(D) Other means of hoisting may be used only if the containers and hoisting means are designed for such use.

(2)(A) When using intermodal container spreaders that employ lanyards for activation of load disengagement, all possible precautions shall be taken to prevent accidental release of the load.

(B) Intermodal container spreader twistlock systems shall be designed and used so that a suspended load cannot accidently be released.

(3) Flat bed trucks or container chassis used to move intermodal containers shall be equipped with pins, flanges, or other means to prevent the container from shifting.

(g) (1) Intermodal containers shall be inspected for defects in structural members or fittings before handling.

(2) Any intermodal container found to be unsafe shall be identified as such, promptly removed from service and repaired before being returned to service.

(h) Containers shall not be hoisted unless all engaged chassis twist locks are released.

(i) When intermodal container spreaders are used to transfer employees to or from the tops of containers, the spreaders shall be equipped with a personnel platform equipped with fixed standard railings, provided that the railings have one or more openings for access. The openings shall be fitted with a means of closure, such as chains with hooks.

(j) Vertical tandem lifts. The following requirements apply to operations involving the lifting of two or more intermodal containers by the top container (vertical tandem lifts or VTLs).

(1) Each employee involved in VTL operations shall be trained and competent in the safety-related work practices, safety procedures, and other requirements in this section that pertain to their respective job assignments.

(2) No more than two intermodal containers may be lifted in a VTL.

(3) Before the lift begins, the employer shall ensure that the two containers lifted as part of a VTL are empty.

NOTE to subsection (j)(3): The lift begins immediately following the end of the prelift required by subsection (j)(5) of this section. Thus, the weight may be determined during the prelift using, on the crane being used to lift the VTL, a load indicating device or a load moment device or a device that prevents an overload condition, and whatever device is used, the device must meet the requirements of Section 3472(b) of these orders.

(4) The lift shall be performed using either a shore-based container gantry crane or another type of crane that:

(A) Has the precision control necessary to restrain unintended rotation of the containers about any axis,

(B) Is capable of handling the load volume and wind sail potential of VTLs, and

(5) The employer shall ensure that the crane operator pauses the lift when the vertically coupled containers have just been lifted above the supporting surface to assure that each interbox connector is properly engaged.

(6) Containers below deck may not be handled as a VTL.

(7) VTL operations may not be conducted when the wind speed exceeds the lesser of:

(A) 55 km/h (34 mph or 30 knots) or

(B) The crane manufacturer's recommendation for maximum wind speed.

(8) The employer shall ensure that each interbox connector used in a VTL operation:

(A) Automatically locks into corner castings on containers but only unlocks manually (manual twistlocks or latchlocks are not permitted);

(B) Is designed to indicate whether it is locked or unlocked when fitted into a corner casting;

(D) Has been tested and certificated by a competent authority authorized under 29 CFR 1918.11 (for interbox connectors that are part of a vessel's gear) or Section 3473 of these orders (for other interbox connectors):

(i) As having a load-bearing surface area of 800 mm2 when connected to a corner casting with an opening that is 65.0 mm wide; and

(ii) As having a safe working load of 98 kN (10,000 kg) with a safety factor of five when the load is applied by means of two corner castings with openings that are 65.0 mm wide or equivalent devices;

(E) Has a certificate that is available for inspection and that attests that the interbox connector meets the strength criteria given in Section 3466(j)(8)(D); and

(F) Is clearly and durably marked with its safe working load for lifting and an identifying number or mark that will enable it to be associated with its test certificate.

(9) The employer shall ensure that each container and interbox connector used in a VTL and each corner casting to which a connector will be coupled is inspected immediately before use in the VTL.

(A) Each employee performing the inspection shall be capable of detecting defects or weaknesses and be able to assess their importance in relation to the safety of VTL operations.

(B) The inspection of each interbox connector shall include: a visual examination for obvious structural defects, such as cracks; a check of its physical operation to determine that the lock is fully functional with adequate spring tension on each head; and a check for excessive corrosion and deterioration.

(C) The inspection of each container and each of its corner castings shall include: a visual examination for obvious structural defects, such as cracks; a check for excessive corrosion and deterioration; and a visual examination to ensure that the opening to which an interbox connector will be connected has not been enlarged, that the welds are in good condition, and that it is free from ice, mud or other debris.

(D) The employer shall establish a system to ensure that each defective or damaged interbox connector is removed from service.

(E) An interbox connector that has been found to be defective or damaged shall be removed from service and may not be used in VTL operations until repaired.

(F) A container with a corner casting that exhibits any of the problems listed in subsection (j)(9)(C) of this section may not be lifted in a VTL.

(10) No platform container may be lifted as part of a VTL unit.

(k) Transporting vertically coupled containers.

(1) Equipment other than cranes used to transport vertically connected containers shall be either specifically designed for this application or evaluated by a qualified engineer and determined to be capable of operating safely in this mode of operation.

(2) The employer shall develop, implement, and maintain a written plan for transporting vertically connected containers. The written plan shall establish procedures to ensure safe operating and turning speeds and shall address all conditions in the terminal that could affect the safety of VTL-related operations, including communication and coordination among all employees involved in these operations.

(l) Safe work zone. The employer shall establish a safe work zone within which employees may not be present when vertically connected containers are in motion.

(1) The safe work zone shall be sufficient to protect employees in the event that a container drops or overturns.

(2) The written transport plan required by Section 3466(k)(2) shall include the safe work zone and procedures to ensure that employees are not in this zone when a VTL is in motion.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50). For prior history, see Register 80, No. 27.

2. Editorial correction of subsection (b)(2)(B) printing error (Register 85, No. 19).

3. Amendment of subsection (e) and Note filed 7-29-96; operative 8-28-96 (Register 96, No. 31).

4. New subsections (j)-(l)(2) filed 7-24-2009; operative 7-24-2009. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2009, No. 30).

§3467. Log Handling.

Note • History

(a) The employer shall ensure that structures (bunks) used to contain logs have rounded corners and rounded structural parts to avoid sling damage.

(b) Two or more binders or equivalently safe means of containment shall remain on logging trucks and railcars to secure logs during movement of the truck or car within the terminal. During unloading, logs shall be prevented from moving while binders are being removed.

(d) Logs placed adjacent to vehicle curbs on the dock shall not be over one tier high unless placed in bunks or so stacked as not to roll or otherwise create a hazard to employees.

(e) Before logs are slung up from the dock, they shall be stably supported to prevent spreading and to allow passage of slings beneath the load. When bunks or similar retaining devices are used, no log shall be higher than the stanchions or retaining members of the device.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 85, No. 19).

2. Editorial correction printing text of Section 3467 which was inadvertently omitted during production of Register 84, No. 50 (Register 85, No. 19).

§3468. Pallets.

Note • History

(a) In addition to the requirements contained in Section 3338 the following shall apply:

(1) Wing or lip-type pallets hoisted by means of bar bridles shall have an overhanging wing or lip at least 3 inches long. Loaded pallets which on visual examination do not meet the requirements of this Section, shall be placed on pallets meeting the requirements before being hoisted.

(2) Bridles used to handle flush end or box-type pallets shall be of such a design as to prevent them from becoming disengaged from the pallet under load.

(b) Disposable pallets intended for only one use shall not be reused for hoisting.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3469. Industrial Trucks.

Note • History

(a) All industrial trucks or tractors used for hauling, pushing, lifting or tiering materials shall comply with Article 25 of these Orders except as modified in subsection (b) of this section.

(b) Powered Industrial Truck Operator Training. Marine terminal operations shall comply with the powered industrial truck operator training requirements contained in Article 25, Section 3668 except as permitted by federal OSHA Instruction CPL 2-1.28A, Enforcement Guidance for the Longshoring and Marine Terminal Industries, issued by the Directorate of Compliance Programs, August 11, 2000, revised by CPL 2-1.28A, November 30, 2000, Section X, paragraphs A-G which are hereby incorporated by reference.

Note: References to federal OSHA regulations contained in CPL 2-1.28A, Section X, paragraphs A-G correspond to the italicized Section 3668 regulations shown in brackets as follows: 1917.27 and 1918.98 [Article 14], 1910.178(l) [Section 3668], 1910.178(l)(4)(i) [Section 3668(d)(2)], 1910.178(l)(6) [Section 3668(f)], 1910.178(l)(3) [Section 3668(c)], 1910(l)(4)(ii)(A), (C) [Section 3668(d)(2)(A), (C)], 1910.178(l)(4)(ii)(B) [Section 3668(d)(1)(B)], 1910.178(l)(3)(i) [Section 3668(c)(1)].

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of section and new Note filed 9-27-2001; operative 9-27-2001 (Register 2001, No. 39).

§3470. Longshoring Operations in the Vicinity of Repair and Maintenance Work.

Note • History

(a) Longshoring operations shall not be carried on:

When noise-producing maintenance, construction or repair work interferes with communication of warnings or instructions.

(2) Where employees are exposed to injurious light rays, hot metal, or sparks, any of which result from welding or cutting.

(3) Where employees are exposed to unsafe concentrations of dust or vapors from sandblasting or spray painting.

(4) At any time that it is ascertained that the atmosphere in which employees would be working is immediately dangerous to life, or if the atmosphere becomes immediately dangerous to life during operations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3471. Chutes, Gravity Conveyors and Rollers.

Note • History

(a) Chutes used in the manual handling of cargo shall be of adequate length and strength for the use to which they are put and shall be kept free of splinters and sharp edges.

(b) When necessary for the safety of employees, chutes shall be equipped with sideboards to afford protection from falling objects.

(d) Gravity rollers shall be of sufficient strength for the weight of material which is placed upon them. Rollers shall be locked in position to prevent them from falling or jumping out of the frame.

(e) Frames shall be kept free of burrs and sharp edges.

(f) When necessary for the safety of employees, provisions shall be made for braking objects other than bulk commodities at the delivery end of the roller or chute.

(g) Chute and hopper openings which present a hazard shall be guarded to prevent employees from falling through them.

(h) When employees are working on hoppers, the hopper shall be equipped with a safe walkway and means of access.

(i) Direct communication shall be provided between the discharge or shipboard control end of loading spouts and chutes and the point in the terminal from which the flow of cargo is controlled.

(j) Before an employee enters an empty bin:

(1) Personnel controlling the flow of cargo into the bin shall have been notified of the entry; and

(2) The power supply to the equipment carrying the cargo to the bin shall be turned off, locked out and tagged.

(k) Before an employee enters a bin containing a bulk commodity such as coal or sugar, the employer shall ensure that:

(1) Personnel controlling the flow of cargo into the bin have been notified of the entry;

(2) The power supply to the equipment carrying the cargo to the bin is turned off, locked out and tagged.

(3) The employee entering the bin wears a lifeline and safety harness; and

(4) A standby attendant equipped to perform a rescue is continuously stationed outside the bin until the employee has left the bin.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3472. Cranes and Other Hoisting Equipment.

Note • History

(a) All cranes and other hoisting equipment and the operation thereof shall comply with Group 13 and this Article (14).

(b) Every crane not part of a vessel's permanent equipment shall be equipped with a load indicating device, a load moment device, or a device that prevents an overload condition. Only approved devices as defined in the General Safety Industry Orders, Section 3206 shall be used.

Exceptions:

1. Trolley equipped bridge-type cranes while handling containers known to be and identified as empty, or loaded, or while hoisting other lifts by means of a lifting beam supplied by the crane manufacturer for the purpose and in all cases within the crane rating;

2. While handling bulk commodities or cargoes by means of clamshell bucket or magnet;

3. While used to handle or hold hoses in connection with transfer of bulk liquids or other hose handled products; or

4. While the crane is used exclusively to handle cargo or equipment the total actual gross weight of which is known by means of marking of the unit or units hoisted, when such total actual gross weight never exceeds 11,200 pounds, and when 11,200 pounds is less than the rated capacity of the crane at the maximum outreach that is possible under the conditions of use at the time.

(c) Marking shall be conspicuously placed giving units of measure in pounds or both pounds and kilograms, capacity of the indicating system, accuracy of the indicating system, and operating instructions and precautions. In the case of systems utilizing indications other than actual weights, the marking shall include data on the means of measurement, capacity of the system, accuracy of the system, and operating instructions and precautions. If the system used provides no readout, but is such as to automatically cease crane operation when the rated load limit under any specific condition of use is reached, marking shall be provided giving the make and model of the device installed, a description of what it does, how it is operated, and any necessary precautions regarding the system. All weight indications, other types of loading indications, and other data required shall be readily visible to the operator.

(d) Wind-Indicating Devices.

(1) After the effective date of these orders, each rail-mounted bridge and portal crane located outside of an enclosed structure shall be fitted with an operable wind-indicating device.

(2) The wind-indicating device shall provide a visible measure of velocity or an audible warning to alert the operator of high wind conditions. That warning shall be transmitted whenever the following circumstances are present.

(A) When the wind velocity reaches the warning speed, not exceeding the crane manufacturer's recommendations; and

(B) When wind velocity reaches the shutdown speed, not exceeding the crane manufacturer's recommendations, at which work is to be stopped and the crane secured.

(3) Instructions. The employer shall post operating instructions for high wind conditions in the operator's cab of each crane. Operators shall be directed to comply with these instructions. The instructions shall include procedures for responding to high wind alerts and for any coordination necessary with other cranes.

(e) Securing of cranes in high winds.

(1) When the wind reaches the crane's warning speed:

(A) Gantry travel shall be stopped; and

(B) The crane shall be readied for shutdown.

(2) When the wind reaches the crane's shutdown speed:

(A) Any portion of the crane spanning or partially spanning a vessel shall be moved clear of the vessel if safe to do so; and

(B) The crane shall be secured against travel, using all available means of securing.

(f) The employer shall monitor local weather conditions by subscribing to a weather service or using equally effective means.

(g) Communications. Means of communication shall be provided between the operator's cab and the base of the gantry of all rail-mounted cranes. This requirement may be met by telephone, radio, sound-signaling system or other effective methods, but not solely by hand-signaling.

(h) Qualifications of Machinery Operators.

(1) Only those employees determined by the employer to be competent by reason of training or experience, and who understand the signs, notices and operating instructions and are familiar with the signal code in use shall be permitted to operate a crane, winch or other power operated cargo handling apparatus, or any power operated vehicle, or give signals to the operator of any hoisting apparatus.

Exception: Employees being trained and supervised by a designated person may operate such machinery and give signals to operators during training.

(2) No employee known to have defective uncorrected eyesight or hearing, or to be suffering from heart disease, epilepsy, or similar ailments which may suddenly incapacitate him shall be permitted to operate a crane, winch or other power-operated cargo handling apparatus or a power-operated vehicle.

(i) Operating Near Electric Power Lines

(1) Provisions for preventing accidents due to overhead high-voltage lines shall be in conformance with High-Voltage Electrical Safety Orders, Article 37.

(2) Boom Guards. Cage-type boom guards, insulating links or proximity warning devices may be used on cranes, but they shall not be used in place of the required clearances.

(j) Routine Inspection

(1) Qualified persons shall visually inspect each crane and derrick on each day of use for defects in functional operating components and shall report any defect found to the employer. The employer shall inform the operator of the findings.

(2) A qualified person shall thoroughly inspect all functional components and accessible structural features of each crane or device at monthly intervals.

(3) Any defects found during such inspections which may create a safety hazard shall be corrected before further equipment use. Repairs shall be performed only by qualified persons.

(4) A record of monthly inspections shall be maintained for six months in or on the crane or derrick or at the terminal.

(k) A seat (lap) belt, meeting the requirements of 49 CFR 571.208-210 for a Type 1 seat belt assembly, shall be installed on the operator's seat of high speed container gantry cranes where the seat trolleys.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

2. New subsection (k) filed 3-6-2001; operative 3-6-2001. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2001, No. 10).

3. Amendment of subsection (b) filed 1-3-2002; operative 2-2-2002 (Register 2002, No. 1).

§3473. Certification of Shore-Based Material Handling Devices.

Note • History

(a) An employer shall not use any cargo handling crane, derrick, bulk cargo spout, or bulk cargo sucker, as defined in Section 4885, which:

(1) Is not part of a vessel's permanent equipment and is either located ashore or placed aboard a vessel only temporarily; and

(2) Is used to transfer cargo or materials other than bulk liquids directly between the shore and a vessel; and

(3) Is so located that its failure could cause injury to an employee until he has ascertained that the device has been certificated as evidenced by current and valid documents attesting to compliance with the requirements specified in Article 99.

(b) Unless otherwise specifically required, the terms defined in this Subsection shall not include, and the provisions of 3474(a) shall not apply to, the following equipment:

(1) Small industrial crane trucks as described and illustrated in American National Standards Institute, B56.1, 1969, “Safety Code for Powered Industrial Trucks.”

(2) Huletts.

(3) Ore and taconite vessel loading facilities of such type that failure could not cause injury to an employee.

(4) Bulk coal loading facilities.

(5) Vertical pocket conveyors such as banana, sugar, or other similar marine legs.

(6) Bridge cranes including steeple towers and dock-leg elevators.

(7) Any gantry truck not capable of straddling two or more intermodal containers 16 feet (4.88m) in width.

(1) Special stevedoring gear provided by the employer, the strength of which depends upon components other than commonly used stock items such as shackles, ropes or chains, shall be tested as a unit in accordance with the following table before initially being put into use.

State Working Load Proof Load

Up to 20 short tons 25 percent in excess

Over 20 to 50 short tons 5 short tons in excess

Over 50 short tons 10 percent in excess

(2) Every spreader not a part of ship's gear and used for hoisting intermodal containers shall be tested to a proof load equal to 25 percent in excess of its rated capacity. Additionally, any spreader which suffers damage necessitating structural repair shall be retested after repair and before being returned to service.

(3) Certificates attesting to the required tests shall be available for inspection.

(d) Wire rope and loose gear obtained after the effective date of this section, and used for material handling shall have been tested and certificated before being placed into use. Certificates attesting to the required tests, inspections and examinations shall be available.

NOTE

Authority cited: Section 142.3 Labor Code. Reference: Section 142.3 Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3474. Hooks, Slings, Bridles and Fittings.

Note • History

In addition to the following requirements, the provisions of Group 13 shall apply.

(a) All hooks, slings, bridles and other fittings shall be of correct size for the work to be done and shall have strength sufficient to sustain the loads imposed upon them.

(b) Cargo handling bridles, such as pallet bridles, which are to remain attached to the hoisting gear while hoisting successive drafts, shall be attached by shackles, or other positive means shall be taken to prevent them from becoming accidentally disengaged from the cargo hook.

(d) The manufacturer's recommended safe working loads for hooks shall not be exceeded. After the effective date of this section, hooks other than hand hooks shall be tested in accordance with Section 5022.

(e)(1) Jaws of patent clamp-type plate hooks shall be maintained in condition to grip plates securely.

(2) Teeth of case hooks shall be maintained in safe condition.

(3) Case hooks shall not be used for handling cases unless the cases are specifically designed to be handled by this means.

(f) Loads shall be applied to the throat of the hook since loading the point overstresses and bends or springs the hook.

(g) Eyes in wire rope bridles, slings, bull wires, or in single parts used for hoisting shall not be formed by wire rope clips or knots.

(h) Except for eye splices in the ends of wires and for endless rope slings, each wire rope used in hoisting or lowering, or in bulling cargo, shall consist of one continuous piece without knot or splice.

(i)(1) At the completion of each use, loose gear such as slings, chains, bridles, blocks and hooks shall be so placed as to avoid damage to the gear. Loose gear shall be inspected and any defects corrected before reuse.

(2) All loose gear shall be inspected by the employer or his authorized representative before each use and when necessary, at intervals during its use, to ensure that it is safe. Any gear which is found upon such inspection to be visibly unsafe shall not be used until it is made safe.

(3) Loose gear obtained after the effective date of this section shall bear a legible mark indicating that it has been tested. Single sheave blocks shall be marked with safe working loads and proof test loads. Marks relating to testing shall be identifiable on the related certificates which shall be available.

(4) Defective gear shall not be used. Distorted hooks, shackles or similar gear shall be discarded.

(j) Interlink wear, not accompanied by stretch in excess of 5 percent, shall be noted and the chain removed from service when maximum allowable wear at any point of link, as indicated in Table MT-2 has been reached.

(k) Chain slings shall be removed from service when, due to stretch, the increase in length of a measured section exceeds 5 percent; when a link is bent, twisted or otherwise damaged; or when raised scarfs or defective welds appear.

(l) Natural fiber rope. The employer shall ascertain the manufacturer's ratings for the specific natural fiber rope used and have such ratings available at the terminal. The manufacturer's rating shall be adhered to and a minimum design safety factor of five maintained.

(m) Wire Rope and Wire Rope Slings.

(1) The employer shall ascertain and adhere to the manufacturer's recommended ratings for wire rope and wire rope slings and shall have such ratings available for inspection. When the manufacturer is unable to supply such ratings, the employer shall use the tables for wire rope and wire rope slings found in American National Standard for Slings, ANSI/ASME B30.9-1996. A design safety factor of at least five shall be maintained for the common sizes of running wire in light load use. Wire rope with a safety factor of less than five may be used only:

(A) In specialized equipment, such as but not limited to cranes, designed to be used with lesser wire rope safety factors;

(B) In accordance with design factors in standing rigging applications; or

(C) For heavy lifts or other purposes for which a safety factor of five is impracticable and for which the employer can demonstrate that equivalent safety is ensured.

(n) Protruding ends of strands in splices on slings and bridles shall be covered or blunted. Coverings shall be removable so that splices can be examined. Means used to cover or blunt ends shall not damage the wire.

(o) Loads requiring continuous manual guidance during handling shall be guided by guide ropes (tag lines) that are long enough to control the load.

(p) Thimbles. Properly fitting thimbles shall be used where any rope is secured permanently to a ring, shackle or attachment, where practicable.

(q) Shackles.

(1) If available, the manufacturer's recommended safe working loads for shackles shall not be exceeded. In the absence of manufacturer's recommendations, Table MT-3 shall apply.

(2) Screw pin shackles used aloft in gear, except in cargo hook assemblies, shall have their pins moused or otherwise effectively secured.

NOTE

Authority cited: Section 142.3 Labor Code. Reference: Section 142.3 Labor Code.

HISTORY

1. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84. No. 50).

2. Amendment of subsection (m)(1) filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

TABLE MT-1

Embedded Graphic 08.0382

HISTORY

1. Repealer of Tables MT-1 through MT-5, Mt-7, MT-8 and renumbering and amendment of Tables MT-6, MT-9, MT-10 to Tables MT-1 through MT-3 filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

Embedded Graphic 08.0383

Embedded Graphic 08.0384

§3475. Vehicles.

Note • History

(a) Trailers shall not be disconnected from tractors at loading docks until the road wheels have been immobilized. The road wheels shall be immobilized from the time the brake system is disconnected until braking is again provided. Supplementary front and support shall be employed as necessary to prevent tipping when a trailer is entered by a material handling vehicle. Rear end support shall be employed if rear wheels are so far forward as to allow tipping when the trailer is entered.

(b) The employer shall direct motor vehicle operators to comply with any posted speed limits and other traffic control signs or signals, and written traffic instructions.

(c) Stop signs shall be posted at main entrances and exits of structures where visibility is impaired, and at blind intersections, unless direct traffic control or warning mirror systems or other systems of equivalent safety are provided.

(d) Vehicular routes, traffic rules, and parking areas shall be established, identified, and used.

(e) The employer shall direct vehicle drivers to warn employees in traffic lanes of the vehicle's approach.

(f) Signs indicating pedestrian traffic shall be clearly posted at vehicular check-in and check-out lines and similar locations where employees may be working.

(g) A distance of not less than 20 feet (6.1m) shall be maintained between the first two vehicles in a check-in, check-out, roadability, or vessel loading/discharging line. This distance shall be maintained between any subsequent vehicles behind which employees are required to work.

(h) No unattended vehicle shall be left with its engine running unless secured against movement.

(i) When the rear of a vehicle is elevated to facilitate loading or discharging, a ramp shall be provided and secured. The vehicle shall be secured against accidental movement during loading or discharging.

(j) Only highway vehicle floors in safe condition shall be used.

(k) When flatbed trucks, platform containers or similar conveyances are loaded or discharged and the cargo consists of pipe or other products which could spread or roll to endanger employees, the cargo shall be contained to prevent movement.

(l) Vehicles used to transport employees within a terminal shall be maintained in safe working order and safety devices shall not be removed or made inoperative.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

2. Amendment of subsection (g) filed 3-6-2001; operative 3-6-2001. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2001, No. 10).

Article 15. Vats, Pans, Bins, Bunkers, Hoppers, and Similar Containers and Vessels

§3480. Vats, Pans and Tanks.

Note • History

(a) Every open vat, pan, tank and similar container or vessel which contains hazardous substances into which employees can fall and the top of which is less than 36 inches above the floor or working level, shall be guarded on all sides by:

(1) A substantial railing of height not less than 36 inches above floor or working level, or

(2) The top height increased to 36 inches, or

(3) A complete cover.

(4) Where carts or dump trucks are used to load such vessels adequate stops to prevent the vehicle falling into the vessel shall be provided.

Note: Covers or railings may be temporarily removed to provide necessary working openings.

(b) Such open vats, pans, tanks and similar containers and vessels whose top is less than four inches above the floor or working level shall be provided with a four-inch toeboard around the sides in addition to complying with the requirements (a) above.

Note: Toeboards may be removed during actual loading operations where the vessels are loaded by pushing materials over the vessel's edge at floor level.

(c) Where employees are required to work directly above such open vats, pans, tanks or similar containers and vessels, one of the following conditions shall be complied with:

(1) The employee shall be provided with and shall wear an approved safety belt with life line. One end of the life line shall be attached to a traveling trolley on a monorail or to a fixed overhead anchorage or similar arrangement. The life line shall be so adjusted that the employee cannot fall into the vat, pan, tank or similar container or vessel. Such safety belts and life lines shall be resistant to any deteriorating effects of the dusts, fumes, mists, vapors or gases arising from the contents of the tank.

(2) The vat, pan, tank or similar container or vessel top shall be covered with a grating or grille which has no opening whose least dimension exceeds two inches. This grating or grille shall be of sufficient strength to withstand any load that is customarily imposed upon it.

(3) The vat, pan, tank or similar container or vessel shall be provided with a platform or walkway above the vessel. This platform or walkway shall be equipped with standard railing and toeboard.

(4) Safety rope nets designed for the specific purpose and capable of withstanding expected loads shall be properly suspended above the vat, pan, tank, or similar container or vessel during temporary or emergency work.

(d) Any vat, pan, tank and similar container or vessel in which there is a power driven agitator, circulator, gyrator or any other power driven equipment shall have such powered equipment disconnected from its source of power and the disconnecting controls or switches shall be locked open before employees are required or permitted to work in such spaces.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).

§3481. Bins, Bunkers and Hoppers.

Note • History

(a) Every open bin, bunker and hopper whose upper edge is less than 36 inches above floor or working level shall be equipped with a standard railing around its edges or a grating or grille shall cover the top. Where grille or grating is the only protection it shall have no opening whose least dimension exceeds the following: 2-inch maximum openings for essentially smooth surface material with one-half inch maximum particle length (such as but not limited to sand, powder, grains, seed and pea gravel); 6 1/2-inch maximum openings for irregular surface material with one-half inch maximum particle length (such as but not limited to cottonseed); and 10-inch maximum openings for all other material with particle length exceeding one-half inch (such as but not limited to crushed rock and ore).

Note: Where railings are used they may be temporarily removed to provide necessary working openings.

(b) The grating or grille shall be of strength sufficient to withstand any load that is customarily imposed upon it.

(c) Where bins, bunkers or hoppers are loaded by automotive truck or other wheeled equipment, bumper stops presenting a vertical face not less than 10 inches high shall be installed at 1 edge in a manner to prevent the equipment from running onto or over the hopper.

Exception: Dumping spots used exclusively by bottom dump vehicles or hoppers designed for vehicle traffic load.

(d) Curbs having a vertical face of not less than 8 inches high shall be securely fastened along the sides to prevent a vehicle from overrunning the side of the runway.

(e) Where employees are permitted or required to work in or above open top bins over 8 feet in depth, an upper working area consisting of a platform or walkway shall be provided, and shall be guarded with a standard railing and toeboard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(c), Health and Safety Code.

HISTORY

1. Amendment of subsection (c), new subsection (d) and renumbering of subsection (d) to (e) filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85 No. 42).

§3482. Bulk Storage of Loose Material.

Note • History

(a) No employees shall be permitted to work on or over loose material, or attend an employee working on or over loose material, until they have been instructed in the hazards involved and the precautions that must be taken to prevent employees from being caught in caved-in material.

Note: Work in grain handling facilities shall be in accordance with the provisions of section 5178, Grain Handling Facilities.

(b) Fuel houses, silos, bins, bunkers, hoppers and similar structures shall be so constructed or equipped with tunnels, chains, mechanical diggers, vibrators or other effective means of removing material so that employees are not required to work where there is a possibility of being engulfed or having their bodies entrapped by a cave-in; or platforms or walkways shall be provided and employees shall remain upon such platforms or walkways while working over loose material within such structures unless protected as required in Section 3482(c) or (d). (Title 24, Part 2, Section 441A.)

(c) When construction as required in Section 3482(b) is impractical and in existing installations, when the design permits, a manually powered hoist with an operator shall be provided. The hoist shall be capable of supporting and lifting an employee and tools and equipment. The supporting wire rope shall be not less than 5/16 inch in diameter. The hoist shall have a brake capable of stopping and holding any load which may reasonably be expected to be imposed on it including the impact of a fall. (Title 24, Part 2, Section 2-1134(b).)

(1) No employee shall be required or permitted to stand, climb, or walk upon piles of sand, sawdust, chips, gravel, fuel, seed or similar granular or loose materials within bins, bunkers, hoppers, silos or other structures, unless a boatswain's chair or a Class III body harness with a line suspended from the hoist is used.

(2) When an employee is required to move about on the piled material the hoist operator shall pay out and retrieve the excess line so that reasonable tautness in the line is maintained.

(3) Inflowing and outflowing material shall be blocked unless such movement is necessary to the work which the employee is performing. In such case, the employee shall have the means to control or stop the flow of materials, or have direct communication with a standby person who has immediate control.

(d) When the requirements of Section 3482(b) or (c) are not practical, the employee shall wear an approved safety belt or harness with a line attached. The line shall be snubbed overhead and attended by a standby person who shall keep the line reasonably taut at all times. The line shall be not less than 13/16-inch Manila rope or other suitable material of equivalent strength and diameter.

(e) No employee shall be required or permitted to work or climb on piled, granular or free flowing (loose) material, such as but not limited to sand, sawdust, chips, gravel, fuel or seed piled on a level deck or on the ground, unless provision is made for safe access to and egress from the piled material and protection from engulfment/entrapment hazards is provided as described in Section 3482(b). Whenever possible, platforms or walkways shall be provided and employees shall be instructed to remain upon such platforms or walkways while working over loose material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code; and Section 18943(b), Health and Safety Code.

HISTORY

1. Amendment of subsection (a) and new subsection (b) filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment filed 12-3-75; effective thirtieth day thereafter (Register 75, No. 49).

3. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

4. Editorial correction filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).

5. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 42).

6. Amendment of subsections (a) and (b), repealer of subsection (e), subsection relettering, amendment of newly designated subsection (e), and amendment of Note filed 2-8-2001; operative 3-10-2001 (Register 2001, No. 6).

7. Amendment of subsections (a), (c)(1) and (e) filed 11-14-2006; operative 12-14-2006 (Register 2006, No. 46).

Article 17. Engines and Compressors

§3511. Governor.

Note • History

Each engine which is not manually throttled shall be equipped with an effective governor which will automatically control the speed of the engine under varied loads, except where the load acts as an effective governor or the engine is incapable of developing excessive speed. All belt, rope or chain driven governors shall be equipped with a safety device which will stop the engine in case the belt, rope or chain should break.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

§3512. Valve Gears.

Note • History

Valve gears on steam engines shall be so arranged, or other provisions made, that, in the event of the load being removed, the engine will stop if the governor fails to act. (A broken governor belt stop will be considered sufficient for slide or four-valve engines.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

§3513. Flywheel Speed. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

2. Repealer filed 7-28-98; operative 8-27-98 (Register 98, No. 31).

§3514. Tubular Gage Guard. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

§3515. Try Cock Discharge Receptacle. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

§3516. Try Cock Manipulation. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

§3517. Steam Gage and Water Gage Glass Location. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

§3518. Air Compressors.

Note • History

(b) Air compressor intake lines shall not be located in toxic atmospheres or atmospheres containing explosive concentrations of flammable gases or vapors.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-16-85; effective thirtieth day thereafter (Register 85, No. 51).

Article 19. Automotive Lifts

§3540. Purpose. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

§3541. Automotive Lift--Definition.

Note • History

“Automotive lift” means “automotive vehicle service lift,” and is a lifting device specifically designed to raise and provide stable support for an automotive vehicle free of the ground by engaging structural elements of the vehicle such as wheels, body, frame members, axle housings, or wheel suspension components.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

2. Amendment of section heading and section filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

§3542. General.

Note • History

(a) Automotive lifts shall be designed, constructed and installed in accordance with the provisions of ANSI B153.1-1974, or shall have been approved by the Division of Occupational Safety and Health for lifts installed prior to November 1976. In lieu of meeting the provisions of ANSI B153.1-1974, automotive lifts installed through August 17, 1994, may be designed, constructed and installed in accordance with ANSI B153.1-1981, hereby incorporated by reference.

(b) Automotive lifts manufactured after August 17, 1994, through July 28, 2005, shall be designed, constructed and installed in accordance with the provisions of ANSI/ALI B153.1-1990, which is hereby incorporated by reference, with the exception of Sections 7.2.2 and 8.2, or shall conform to the requirements of subsection (c).

(c) New automotive lifts manufactured after July 28, 2005, shall be installed in accordance with the manufacturer's instructions and meet the design provisions of ANSI/ALI ALCTV-1998, Section 8, “Construction” and Section 9.2 “Testing” requirements for automotive lifts, which are hereby incorporated by reference.

Note: References to Title 29, Code of Federal OSHA Regulations (CFR) contained in ANSI/ALI ALCTV-1998, Section 8, “Construction” correspond to the italicized regulations contained in the California Code of Regulations, Title 8, General Industry Safety Orders (GISO) shown in brackets as follows:

29 CFR 1910.144 [Title 8, Sections 3340 and 3341], 29 CFR Subpart D, Walking-Working Surfaces, Sections 1910.21-1910.32 [Title 8, Sections 3207, 3209-3214, 3224, 3241, 3272, 3273, 3275, 3277-3279, Title 8, GISO Article 23, Mobile Ladder Stands and Scaffolds (Towers)], 29 CFR 1910.212 and .219 [Title 8, GISO Group 6, Power Transmission Equipment, Prime Movers, Machines and Machine Parts and Group 8, Points of Operation and Other Hazardous Parts of Machinery], and 29 CFR 1910.95 [Title 8, GISO, Article 105, Control of Noise Exposure].

(d) The operation, inspection and maintenance of automotive lifts shall be performed by a qualified person in accordance with procedures recommended by the manufacturer. Maintenance shall include that pipe lines, fittings, valves, and packing glands are kept tight.

Note: Guidelines for the operation, inspection, maintenance, installation and servicing of automotive lifts are available in ANSI/ALI ALOIM-2000, Safety Requirements for Operation, Inspection and Maintenance; and ANSI/ALI ALIS-2001, Safety Requirements for Installation and Service.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).

2. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

4. Amendment of newly designated subsection (a) and new subsection (b) filed 7-18-94; operative 8-17-94 (Register 94, No. 29).

5. Amendment filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

§3543. Marking Required.

Note • History

(a) Automotive lifts manufactured on or before August 17, 1994 shall be labeled with the following information:

(1) Name of the manufacturer.

(2) Either the Division approval number or statement of compliance with ANSI B153.1-1974 or ANSI B153.1-1981.

(3) Capacity.

(4) Date of installation or manufacture.

(b) Automotive lifts manufactured after August 17, 1994, through July 28, 2005, shall be labeled with a statement of compliance indicating that the lift was manufactured to conform to the requirements of ANSI/ALI B153.1-1990, or may conform to the requirements of subsection (c).

(c) Automotive lifts manufactured after July 28, 2005, shall be labeled with a statement of compliance indicating that the lift was manufactured to conform to the requirements of ANSI/ALI ALCTV-1998, Section 8, “Construction” and Section 9.2 “Testing”.

(d) Labels shall be legibly stamped, etched, or embossed on a durable plate, which shall be permanently attached to the lift in a location where it can be conveniently inspected. Labels shall not be obscured, obliterated or changed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).

2. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

4. Amendment of subsection (a), new subsection (b) and subsection relettering, and amendment of newly designated subsection (c) filed 7-18-94; operative 8-17-94 (Register 94, No. 29).

5. Amendment filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

§3544. Control Mechanism for Automotive Lifts.

Note • History

Every automotive lift shall be equipped with a readily accessible direct control device which will automatically return to the neutral or “off” position upon release by the operator. Adapters or other alterations which will render the normal functions of the control device inoperative shall not be used.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

2. Amendment of section heading and section filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

§3545. Oil Measurement.

Note • History

(a) Every air-oil tank and oil storage tank on automotive lift installations shall be provided with a graduated stick gage or other positive and easily accessible means by which the oil level in the reservoir, with plunger or plungers in the lowest position, can be determined.

(b) The oil supply in every air-oil tank and oil storage tank shall be maintained at or above the prescribed safe minimum operating level which shall in no case be less than three inches in depth or ten percent of the total oil volume when the plunger or plungers are in the fully elevated position.

Where a fill or gage hole is provided to measure oil levels, the fill or gage hole shall not be obstructed in any manner that requires removal of any parts of the lift except the fill or gage hole cover or plug to check the oil level.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).

2. Amendment of subsection (c) filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

3. Amendment filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

§3546. Air, Oil Tank Working Pressure and Corrosion Protection.

Note • History

(a) Every oil tank used for liquid storage under pressure, not an integral part of the cylinder assembly, shall be constructed for a working pressure of not less than 200 pounds per square inch, in accordance with the provisions of the ASME Code for Pressure Vessels, as required by the Unfired Pressure Vessel Safety Orders of the Division.

(b) Every air, oil storage or surge tank which is to be completely buried in earth or concrete shall be protected from corrosion with an effective corrosion resistant coating or equivalent method of protection.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).

2. Amendment filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

3. Amendment of section heading and section filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

§3547. Working Area Under Lifts.

Note • History

(a) No slots or abrupt recesses in excess of 2 1/4 inches in width (unless closable by integral hinged flat covers) or raised floor obstructions for re-- ceiving the lift frame and rails shall be permitted in the floor under the lift.

Note: The floor may be recessed to receive the rails providing the slope into the lowest part of the recess does not exceed 1 inch in 4 inches and provided also the inclined surfaces are constructed and surfaced so as to reduce slipping hazards.

(b) Floor surfaces under the lift shall be kept reasonably free of oil or grease to minimize the slipping hazards.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Editorial correction (Register 76, No. 41).

2. Amendment filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

§3548. Chassis and Axle Supports.

Note • History

(a) Chassis and axle supports shall be of such design as to safely transfer the load to the automotive lift.

(b) Devices used for chassis, frame, wheel or axle supports shall be approved.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

2. Amendment filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

§3549. Descent Speed.

Note • History

All elements of any lift which control the speed of descent shall be maintained so that the average speed will not exceed 20 feet per minute.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-15-85; effective thirtieth day thereafter (Register 85, No. 44).

2. Repealer and new section heading and amendment of section filed 6-28-2005; operative 7-28-2005 (Register 2005, No. 26).

Article 20. Hand and Portable Powered Tools and Equipment

§3555. Definitions.

Note • History

Jack. A jack is an appliance for lifting and lowering or moving horizontally a load by application of a pushing force.

Note: Jacks may be of the following types: Lever and ratchet, screw and hydraulic.

Rating. The rating of a jack is the maximum working load for which it is designed to lift safely that load throughout its specified amount of travel.

Note: To raise the rated load of a jack, the point of application of the load, the applied force, and the length of lever arm should be those designated by the manufacturer for the particular jack considered.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 20 (Sections 3555-3563, Figures LM-1a-LM-5) filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

2. Repealer of subsection (b) filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

3. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3556. General.

Note • History

(a) Each employer shall be responsible for the safe condition of tools and equipment used by employees, including tools and equipment which may be furnished by employees.

(b) All tools shall be restricted to the use for which they are intended.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3557. Switches and Controls for Portable Tools.

Note • History

(a) All hand-held powered circular saws having a blade diameter greater than 2 inches, electric, hydraulic or pneumatic chain saws, and percussion tools without positive accessory holding means shall be equipped with a constant pressure switch or control that will shut off the power when the pressure is released. All hand-held gasoline powered chain saws shall be equipped with a constant pressure throttle control that will shut off the power to the saw chain when the pressure is released.

(b) All hand-held powered drills, tappers, fastener drivers, horizontal, vertical, and angle grinders with wheels greater than 2 inches in diameter, disc sanders with discs greater than 2 inches in diameter, belt sanders, reciprocating saws, saber, scroll, and jig saws with blade shanks greater than a nominal one-fourth inch, and other similarly operating powered tools shall be equipped with a constant pressure switch or control, and may have a lock-on control provided that turnoff can be accomplished by a single motion of the same finger or fingers that turn it on.

(c) All other hand-held powered tools, such as, but not limited to, platen sanders, grinders with wheels 2 inches in diameter or less, disc sanders with discs 2 inches in diameter or less, routers, planers, laminate trimmers, nibblers, shears, saber, scroll, and jig saws with blade shanks a nominal one-fourth of an inch wide or less, may be equipped with either a positive “on-off” control, or other controls as described in this section.

Note: “Nominal” in (b) and (c) means ±0.05 inch.

(d) The operating control on hand-held power tools shall be so located as to minimize the possibility of its accidental operation, if such accidental operation would constitute a hazard to employees.

Exception: This section does not apply to concrete vibrators, concrete breakers, powered tampers, jack hammers, rock drills, garden appliances, household and kitchen appliances, personal care appliances, medical or dental equipment, or to fixed machinery.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3558. Microtomes (Manual, Semiautomatic and Automatic).

Note • History

(a) Microtomes shall be used, operated, and maintained by qualified persons in accordance with the manufacturer's recommendations and this section. The provisions of this section take precedence over manufacturer's recommendations wherever those recommendations are inconsistent with this section.

(b) During operation, a minimum clearance of 1 inch shall be maintained between the operator's hands and any moving parts or blade (point of operation) of the microtome, and the operator's hands shall only approach the blade with forceps and/or other appropriate tools.

(c) Tissue sections or sections of any other material sliced by the microtome shall be retrieved by the employee using forceps and/or other appropriate tool(s).

(d) When operating microtomes, the foot pedal shall be so positioned to avoid accidental activation.

(e) The adjustment, removal, replacement or maintenance activities of microtomes shall comply with the requirements of Section 3314 of these Orders.

(f) When not in use, the foot treadle of each electrically-powered microtome must be guarded by a cover or guard that will prevent unintended operation.

(g) At a minimum, microtome operators shall be trained in the requirements of this section consistent with Section 3203, Injury and Illness Prevention Program, of these Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-7-2012; operative 9-6-2012 (Register 2012, No. 32). For prior history, see Register 85, No. 48.

§3559. Pneumatic and Powder-Actuated Tools.

Note • History

(a) Safety clips or retainers shall be installed on pneumatic impact tools to prevent dies and tools from being accidentally expelled from the barrel, or other effective means to prevent accidents from this source shall be used.

(b) Powder-actuated tools used in industrial operations shall be designed, constructed, operated and maintained in compliance with Article 27 of the Construction Safety Orders.

(c) All hand-held pneumatically powered tools used for driving nails, staples and similar fasteners which operate at 100 psig or more line pressure shall have a safety device at the muzzle to prevent the tool from discharging until the muzzle is in contact with a solid surface.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsection (c) filed 3-2-76; effective thirtieth day thereafter (Register 76, No. 10).

2. Amendment of subsection (b) filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3559.1. Airless Spray Guns.

Note • History

(a) Airless spray guns of the type which atomize paints and fluids at high pressures (1,000 pounds or more per square inch) shall be equipped with automatic or visible manual safety devices which will prevent pulling of the trigger to prevent release of the paint or fluid until the safety device is manually released.

(b) In lieu of (a) above, a diffuser nut which will prevent high pressure, high velocity release, while the nozzle tip is removed, plus a nozzle tip guard which will prevent the tip from coming into contact with the operator, or other equivalent protection, shall be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3560. Portable Grinders. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3561. Portable Sanders. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3562. Jacks.

Note • History

(a) The rated load shall be legibly and permanently marked on a prominent location on the jack by casting, stamping, or other suitable means.

(b) All jacks shall be designed so that their maximum safe extension cannot be exceeded.

(d) In the absence of a firm foundation, the base of the jack shall be blocked. If there is a possibility of slippage of the cap, a block shall be placed in between the cap and the load.

(e) Employees shall not be permitted to enter the zone beneath a jack supported load unless it has been effectively blocked or cribbed.

(f) All jacks requiring periodic cleaning and lubrication, such as screw jacks, shall be properly cleaned and lubricated at regular intervals.

NOTE

Authority cited: Section 142.3, Labor Code. Reference Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (f) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

2. Amendment of subsections (e) and (f) filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3563. Power Lawn Mowers.

Note • History

(a) Scope. These regulations apply to power lawn mowers and cover walk-behind reel and rotary power lawn mowers, riding reel and rotary power lawn mowers, lawn riding tractors with mower attachments, and lawn and garden riding tractors with mower attachments. They are intended to provide safety requirements and to help ensure uniform operator environments. These regulations do not apply to sulky-type units, flail mowers, sickle bar mowers, or tractors as defined in Article 25 of these Orders unless the tractor is designed primarily for mowing lawns and manufactured in conformance with the ANSI B71.1 or B71.4 national consensus standards for power lawn mowers. Requirements for tractors and attachments used in mowing operations that are manufactured in conformance with the ANSI B71.1 and B71.4 standards are provided in this Section.

(b) General.

(1) Power lawn mowers placed in service after March 29, 1975 through April 15, 1999, shall meet the requirements of ANSI B71.1-1972 and B71.1a-1974 or ANSI B71.1-1980, Safety Specifications for Power Lawn Mowers, Lawn and Garden Tractors and Lawn Tractors, or shall meet the requirements of the applicable ANSI B71.1 or B71.4 standard in effect at the time the mower was manufactured.

(2) Power lawn mowers manufactured after April 15, 1999, shall meet the requirements of one of the following ANSI B71.1 or B71.4 standards, as applicable, based on the mower design and date of manufacture. These ANSI standards are hereby incorporated by reference:

ANSI/OPEI B71.1-1998 standard for Consumer Turf Care Equipment-Walk-Behind Mowers and Ride-On Machines with Mowers-Safety Specifications,

ANSI B71.1-2003 standard for Consumer Turf Care Equipment-Walk-Behind Mowers and Ride-On Machines with Mowers-Safety Specifications,

ANSI/OPEI B71.4-1999 standard for Commercial Turf Care Equipment-Safety Specifications,

ANSI B71.4-2004 standard for Commercial Turf Care Equipment-Safety Specifications.

(3) Power lawn mowers manufactured after September 2, 2010, shall be affixed with a durable label stating that the power lawn mower is manufactured in accordance with the applicable ANSI B71.1 or B71.4 standard.

(c) Roll-Over Protective Structures (ROPS) and Seat Belts. Effective March 1, 2011, when visual inspection or technical information from the manufacturer indicates that a riding lawn mower is designed by the manufacturer to be equipped with ROPS, or to accept ROPS as an option, ROPS engineered and approved for the mower shall be provided and used. Approved seat belt assemblies shall be provided and used on all riding lawn mowers where ROPS are installed.

Exception: The use of ROPS and seat belts may be temporarily suspended only when operating in areas where the vertical clearance is insufficient to allow a ROPS equipped mower to operate.

NOTE: The requirements for ROPS on agricultural and industrial tractors are provided in Article 25 of the General Industry Safety Orders.

(d) Prohibited use of Ride-on, Sit-down Lawn Mowers.

(1) Ride-on, sit-down lawn mowers shall not be used on slopes that exceed the angle limitation when specified by the manufacturer.

(2) When the manufacturer's instructions are not obtainable or do not specify the angle limits for operating ride-on, sit-down lawn mowers on sloped surfaces, a qualified person shall evaluate the terrain and slope conditions to ensure the mower is operated in a safe manner.

(3) Ride-on, sit-down lawn mowers shall not be operated in areas where the traction drive wheels, as measured from the outside wheel edge, are within 5 feet of the unprotected edges of retaining walls, embankments, levees, ditches, culverts, excavations or similar locations that present an overturn hazard.

(4) When it is necessary to operate a ride-on, sit-down mower near ponds, creeks, reservoirs, canals, sloughs, lakes, golf course water hazards and similar bodies of water, a qualified person shall evaluate the terrain and any slope conditions to ensure the mower is operated at safe speeds and at safe distances from such hazards.

(e) Powered Lawn Mower Operator Training.

(1) Safe operation.

The employer shall ensure that each power lawn mower operator is competent to operate the mower safely, as demonstrated by the successful completion of the training and evaluation specified in this subsection. Prior to permitting an employee to operate a power lawn mower (except for training purposes), the employer shall ensure that each operator has successfully completed the training required by this subsection, except as permitted in subsection (e)(5).

(2) Training program implementation.

(A) All operator training and evaluation shall be conducted by qualified persons who have the knowledge, training and experience to train power lawn mower operators and evaluate their competence.

(B) Trainees may operate a power lawn mower only under the direct supervision of qualified persons provided that such operation does not endanger the trainee or other employees.

(C) Training shall consist of a combination of formal instruction (e.g., lecture, discussion, written material, audio visual material) and also include demonstrations by the trainer and practical exercises performed by the trainee and evaluation of the operator's performance.

(3) Training program content. Operators shall receive initial training to ensure that each employee who operates a power lawn mower has been provided training in the hazards associated with the operation of mowers and other topics necessary for the safe operation of mowers. Training shall include at least the following:

(A) Review of the manufacturer's operator's manual including operating instructions, warnings and precautions for the types of power lawn mowers the operator will be authorized to operate.

(B) Review of the operator controls and instrumentation for safe operation of the equipment.

(D) The importance of surveying the terrain for hazards prior to mowing to identify obstacles in the mowing path, such as large rocks, tree stumps, soft or wet spots, and the prohibited use areas for ride-on, sit-down mowers provided in subsection (d) of this section.

(E) Speed control, steering and maneuvering the mower.

(F) Review of stability and rollover hazards associated with operating riding lawn mowers on surfaces, terrains or areas such as, but not limited to loading ramps, wet surfaces, slopes, and areas near drop offs, retaining walls/embankments, water or ponds, unprotected ditches, culverts, or excavations.

(G) The use of ROPS and seatbelts for riding mowers that are equipped with ROPS.

(4) Refresher training and evaluation. Refresher training, including an evaluation of the effectiveness of that training, shall be conducted as required by this subsection to ensure that the operator has the knowledge and skills needed to operate the power lawn mower safely.

Refresher training in relevant topics shall be provided to the operator when:

(A) The operator has been observed to operate a mower in an unsafe manner;

(B) The operator has been involved in an accident or near-miss incident;

(D) The operator receives a new job assignment that includes operating a mower or machinery that the operator is unfamiliar with or includes mowing lawns on terrain or surfaces that present hazards unfamiliar to the operator in their current or past work assignments.

(5) Avoidance of duplicative training. If an operator has previously received training in a topic specified in subsection (e)(3) of this section, and such training is appropriate for the type of power lawn mower authorized for use and the working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the mower safely.

(6) Recordkeeping. All safety instruction and training shall be documented in accordance with Section 3203 of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

3. Amendment of subsections (b)(1) and (b)(2) filed 3-16-99; operative 4-15-99 (Register 99, No. 12).

4. Amendment filed 8-3-2010; operative 9-2-2010 (Register 2010, No. 32).

§3564. Portable Winches.

Note • History

(a) Portable winches shall be secured against accidental shifting while in use.

(b) Portable winches shall be fitted with limit switches if employees have access to areas from which it is possible to be drawn into the winch.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

Article 21. Use, Care, and Protection of Abrasive Wheels

§3575. Scope and Definitions.

Note • History

(a)(1) Scope. This Article establishes safety requirements for the use, care, and protection of abrasive wheels, safety guards, flanges, chucks, proper storage, handling and mounting. This Article does not apply to natural sandstone, pulpstone, coated abrasive products and surface conditioning wheels used for polishing, buffing, cleaning, finishing, blending or light deburring, where the base material is not removed.

(2) Abrasive wheels manufactured on or before July 1, 1998 shall meet the requirements of either ANSI B7.1-1978 or ANSI B7.1-1988, Safety Requirements for the Use, Care, and Protection of Abrasive Wheels. Abrasive wheels manufactured after July 1, 1998 shall be labeled as meeting the requirements of ANSI B7.1-1988, Safety Requirements for the Use, Care and Protection of Abrasive Wheels.

(b) Definitions.

Abrasive Wheels. Power-driven wheels consisting of abrasive particles held together by inorganic or organic bonds. Metal, wooden, cloth or paper wheels or discs having a layer or layers of abrasive on the surface and natural sandstones (quarried) are not included.

(A) Cutting Off Wheels. Wheels having diameter thickness and hole size dimensions and are subject to all limitations of mounting and use listed for type 1 wheels. They may be steel centered, diamond abrasive or organic bonded abrasive of the plain or reinforced type.

1. Cutting off wheels are recommended only for use on specially designed and fully guarded machines and are subject to the following maximum thickness and hole size limitations.

Max.

thickness

Wheel diameter: (inch)

6 inch and smaller 3/16

Larger than 6 inches to 12 inches 1/4

Larger than 12 inches to 23 inches 3/8

Larger than 23 inches 1/2

2. Maximum hole size for cutting-off wheels should not be larger than 1/4-wheel diameter.

(B) Cylinder Wheels. Wheels having diameter, wheel thickness, and rim thickness dimensions. Grinding is performed on the rim face only, dimension W. Cylinder wheels may be plain, plate mounted, inserted nut, or of the projecting stud type.

Limitation: Rim height, T dimension, is generally equal to or greater than rim thickness, W dimension.

Embedded Graphic 08.0385

(C) Depressed Center Wheels. Have diameter, thickness and hole size dimensions. Both types are reinforced, organic bonded wheels having offset hubs which permit side and peripheral grinding operations without interference with the mounting. Type 27 wheels are manufactured with flat grinding rims permitting notching and cutting operations. Type 28 wheels have saucer shaped grinding rims.

1. Special supporting, back adapter and inside flange nuts are required for the proper mounting of these types of wheels.

2. Mounts which are affixed to the wheel by the manufacturer may not require an inside nut and shall not be reused.

(D) Depressed Center. Cutting-off Wheels, Type 27A. Wheels having diameter, thickness, and hole size dimensions. They are reinforced, organic bonded, offset hub type wheels, usually 16 inches diameter and larger, specially designed for use on cutting-off machines where mounting nut or outer flange interference cannot be tolerated.

(E) Flaring Cup Wheels. Wheels having double diameter dimensions D and J, and in addition have thickness, hole size, rim and back thickness dimensions. Grinding is always performed on rim face, W dimension. Type 11 wheels are subject to all limitations of use and mounting listed for type 6 straight sided cup wheels definition.

Limitation: Minimum back thickness, E dimension, should not be less than one-fourth T dimension. In addition when unthreaded hole wheels are specified the inside flat, K dimension, shall be large enough to accommodate a suitable flange.

Embedded Graphic 08.0386

(F) Inorganic Wheels. Wheels which are bonded by means of inorganic material such as clay, glass, porcelain, sodium silicate, magnesium oxychloride, or metal. Wheels bonded with clay, glass, porcelain or related ceramic materials are characterized as “vitrified bonded wheels.”

(G) Mandrel A steel shaft usually 3/8-inch diameter or smaller which is permanently secured to the abrasive section by cementing or other means. It is mounted in the machine and is the means by which the power is transmitted from the machine to the abrasive.

(H) Modified Types 6 and 11 Wheels (terrazzo). Some type 6 and 11 cup wheels used in the terrazzo trade having tapered K dimensions to match a special tapered flange furnished by the machine builder.

Limitation: These wheels shall be mounted only with a special tapered flange.

Embedded Graphic 08.0387

(I) Mounted Wheels. Wheels which are usually 2 inches diameter or smaller, and of various shapes, and are permanently secured to a steel mandrel.

(J) Organic Wheels. Wheels which are bonded by means of an organic material such as resin, rubber, shellac, or other similar bonding agent.

(K) Straight Wheels. Wheels having diameter, thickness, and hole size dimensions, and they should be used only on the periphery. Type 1 wheels shall be mounted between flanges.

Limitation: Hole dimension (H) should not be greater than two-thirds of wheel diameter dimension (D) for precision, cylindrical, centerless, or surface grinding applications. Maximum hole size for all other applications should not exceed one-half wheel diameter.

Embedded Graphic 08.0388

(L) Straight Cup Wheels. Wheels having diameter, thickness, hole size, rim thickness, and back thickness dimensions. Grinding is always performed on rim face, W dimension.

Limitation: Minimum back thickness, = dimension, should not be less than one-fourth T dimension. In addition, when unthreaded hole wheels are specified, the inside flat, K dimension, must be large enough to accommodate a suitable flange.

Embedded Graphic 08.0389

Type 6--Straight-cup Wheel

Side grinding wheel having a diameter,thickness and hole with one side straight or flat and the opposite is derecessed. This type, however,

differs from Type 5 in that the grinding is performed on the wall

of the abrasive created by the difference between the diameter

of the recess and the outside diameter of the wheel.

Therefore, the wall dimension “W” takes precedence over the

diameter of the recess as an essential intermediate dimension to

describe this shape type.

Flanges. Collars, discs or plates between which wheels are mounted and are referred to as adaptor, sleeve, or back up type. See Section 3579.

Off-hand Grinding. The grinding of any material or part which is held in the operator's hand.

Portable Grinding. A grinding operation where the grinding machine is designed to be hand held and may be easily moved from one location to another.

Protection Hood. A protection hood is an enclosure for an abrasive wheel consisting of a peripheral and two side members. Its main function is to effectively retain the pieces of the wheel should the wheel break in operation.

Reinforced Wheels. A class of organic wheels which contain strengthening fabric or filament. The term “reinforced” does not cover wheels using such mechanical additions as steel rings, steel cup backs or wire or tape winding.

Safety Guard. An enclosure designed to restrain the pieces of the abrasive wheel in the event that the wheel is broken while in operation.

Snagging. Grinding which removes relatively large amounts of material without regard to close tolerances or surface finish requirements.

Surface Feet per Minute (s.f.p.m.). The distance in feet any one abrasive grain on the peripheral surface on a grinding wheel travels in 1 minute.

Embedded Graphic 08.0390

Tuck Pointing. Removal of cement, mortar, or other non-metallic jointing material from masonry mortar joints and pointing up the tuck or joint.

Tuck Pointing Wheels. Tuck pointing wheels, usually Type 1, reinforced organic bonded wheels have diameter, thickness and hole size dimension. They are subject to the same limitations of use and mounting as Type 1 wheels.

Note: Wheels used for tuck pointing should be reinforced, organic bonded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new Article 21 (Sections 3575 through 3581 and Figures A-1 through A-23 and Tables A-1 through A-6) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 3-28-75; effective thirtieth day thereafter (Register 75, No. 13).

3. Repealer and new section filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

4. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

5. Amendment of subsection (a)(1) filed 8-1-97; operative 8-31-97 (Register 97, No. 31).

6. Amendment of subsection (a)(2) filed 7-29-98; operative 8-28-98 (Register 98, No. 31).

7. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

§3576. General Machine Requirements.

Note • History

(a) Stationary grinding machines shall be sufficiently heavy and rigid so as to prevent dangerous vibration and shall be securely mounted on substantial floors, benches, foundations or other adequate and safe structures.

(b) Portable grinders shall not be used as bench grinders unless they are securely clamped in place, having ample clearance between the wheels and the bench, and are equipped with standard wheel and arbor end guards and tool rests. “C” clamps shall not be used to secure grinders to benches. Special band clamps or other equivalent means shall be used which encircle the machine and are secured by means of bolts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3577. Protection Devices.

History

(a) Abrasive wheel machinery guards shall meet the design specifications of the American National Standard Safety Requirements for the Use, Care, and Protection of Abrasive Wheels, ANSI B 7.1-1978. This requirement shall not apply to natural sandstone wheels or metal, wooden, cloth, or paper discs having a layer of abrasive on the surface.

(b) Abrasive wheels shall be provided with protection hoods or safety guards which shall be of such design and construction as to effectively protect the employee from flying fragments of a bursting wheel insofar as the operation will permit.

Exceptions: This requirement does not apply to the following classes of wheels and conditions.
1. Wheels used for internal work while within the work being ground.
2. Special precision tool room grinders under the supervision of expert mechanics.
3. Type 1 wheels not larger than 2 inches in diameter and not more than 1/2-inch thick, operating at peripheral speeds less than 1800 SFPM when mounted on mandrels driven by portable drills.
4. Type 1 Reinforced wheels not more than 3 inches in diameter and 1/4-inch in thickness, operating at peripheral speeds not exceeding 9,500 SFPM, provided that safety glasses and face shield protection are worn.
5. Types 16, 17, 18, 18R and 19 cones and plugs and threaded hole pot balls where the work offers protection or where the size does not exceed 3 inches in diameter by 5 inches long.
6. Metal centered diamond lapidary wheels either notched, segmented or continuous rim used with a coolant deflector, when operated at speeds up to 3,500 SFPM.
7. Mounted wheels 2 inches and smaller in diameter used in portable operations.
8. Valve seat grinding wheels.

(c) The hood guard shall cover the spindle end, nut, and flange projections. The safety guard shall be mounted so as to maintain proper alignment with the wheel, and the strength of the fastenings shall exceed the strength of the guard.

Exceptions:
1. Protection hoods on cylindrical grinding machines, in all operations where the work provides a suitable measure of protection to the operator, may be so constructed that the spindle end, nut, and flanges are exposed; and where the nature of the work is such as to entirely cover the side of the wheel, the side covers of the guard may be omitted.
2. The spindle end, nut, and outer flange may be exposed on machines designed as portable saws.

(d) Cup wheels shall be protected by:

(1) Band type guards of such design and construction as to effectively protect the employee.

(2) Special “Revolving Cup Guards” which mount behind the wheel and turn with it. They shall be made of steel or other material of adequate strength and shall enclose the wheel sides upward from the back for one-third of the wheel thickness. The mounting features shall conform with all requirements of this section. It is necessary to maintain clearance between the wheel side and the guard. This clearance shall not exceed one-sixteenth inch.

(See Figures A-26, A-27, A-28 of Appendix G.)

(e) Work rests. On offhand grinding machines, work rests shall be used to support the work. They shall be of rigid construction and designed to be adjustable to compensate for wheel wear. Work rests shall be kept adjusted closely to the wheel with a maximum opening of one-eighth inch. The work rest shall be secured after each adjustment. The adjustment shall not be made with the wheel in motion.

Exceptions:
1. Where the shape of the work will not permit their use.
2. Where the size of the material is such that it cannot wedge between the guard and the wheel.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsections (a) and (b) and new subsections (a) and (b) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3578. Permissible Wheel Exposure for Periphery Grinding.

Note • History

(a) Bench and Floor Stands. The angular exposure of the grinding wheel periphery and sides for safety guards used on machines known as bench and floor stands should not exceed 90 degrees or one-fourth of the periphery. This exposure shall begin at a point not more than 65 degrees above the horizontal plane of the wheel spindle. (See Figure A-1 of Appendix A.)

Whenever the nature of the work requires contact with the wheel below the horizontal plane of the spindle, the exposure shall not exceed 125 degrees. (See Figure A-2 of Appendix A.)

(b) Cylindrical Grinders. The maximum angular exposure of the grinding wheel periphery and sides for safety guards used on cylindrical grinding machines shall not exceed 180 degrees. This exposure shall begin at a point not more than 65 degrees above the horizontal plane of the wheel spindle. (See Figure A-3 of Appendix A.)

(c) Surface Grinders and Cutting Machines. The maximum angular exposure of the grinding wheel periphery and sides for safety guards used on cutting machines and on surface grinding machines which employ the wheel periphery shall not exceed 150 degrees. This exposure shall begin at a point not less than 15 degrees below the horizontal plane of the wheel spindle. (See Figure A-4 of Appendix A.)

(d) Swing Frame and Automatic Snagging Machines. The maximum angular exposure of the grinding wheel periphery and sides for safety guards used on machines known as swing frame and automatic snagging machines shall not exceed 180 degrees, and the top half of the wheel shall be protected at all times. (See Figure A-5 of Appendix A.)

(e) Top Grinding. In operations where the work is ground on the top of the wheel, the exposure of the grinding wheel periphery shall be as small as practical, with a maximum exposure of 60 degrees. (See Figure A-6 of Appendix A.)

(f) Guard Exposure Angles. The maximum exposure angles specified above shall not be exceeded. Visors or other accessory equipment shall not be included as a part of the guard when measuring the guard opening, unless such equipment has strength equal to that of the guard.

(g) Exposure Adjustment. Guards of the types described in subsections (a) and (b) of this section where the operator stands in front of the opening, shall be constructed so that the peripheral protecting member can be adjusted to the constantly decreasing diameter of the wheel. The maximum angular exposure above the horizontal plane of the wheel spindle as specified in subsections (a) and (b) of this section shall never be exceeded, and the distance between the wheel periphery and the adjustable tongue or the end of the peripheral member at the top shall never exceed one-fourth inch. (See Figures A-7, 8, 9, 10, 11, and 12 of Appendix B.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3579. Flanges--General Requirement.

Note • History

(a) All abrasive wheels shall be mounted between flanges which shall not be less than one-third the diameter of the wheel.

Exceptions:
(1) Mounted wheels.
(2) Portable wheels with threaded inserts or projecting studs.
(3) Abrasive discs (inserted nut, inserted washer and projecting stud type).
(4) Plate mounted wheels.
(5) Cylinders, cups, or segmental wheels that are mounted in chucks.
(6) Types 27 and 28 wheels.
(7) Certain internal wheels.
(8) Modified Types 6 and 11 wheels (terrazzo).
(9) Cutting-off wheels, Types 1 and 27A:
(A) Type 1 cutting-off wheels are to be mounted between properly relieved flanges which have matching bearing surfaces. Such flanges shall be at least one-fourth the wheel diameter.
(B) Type 27A cutting-off wheels are designed to be mounted by means of flat, not relieved, flanges having matching bearing surfaces and which may be less than one-third but shall not be less than one-fourth the wheel diameter. (See Figure A-13 of Appendix C for one such type of mounting.)
Note: There are three general types of flanges:

1. Straight relieved flanges. (See Figure A-16 of Appendix D.)

2. Straight unrelieved flanges. (See Figure A-17 of Appendix D.)

3. Adaptor flanges. (See Figures A-18 and A-19 of Appendix D.)

(b) Regardless of flange type used, the wheel shall always be guarded. Blotters shall be used in accordance with subsection (g) of this section.

(c) Finish and Balance. Flanges shall be dimensionally accurate and in good balance. There shall be no rough surfaces or sharp edges.

(d) Uniformity of Diameters.

Both flanges, of any type, between which a wheel is mounted, shall be of the same diameter and have equal bearing surface.

Exceptions:
(1) Type 27 and Type 28 wheels because of their shape and usage, require specially designed adaptors.
(2) Modified Types 6 and 11 wheels (terrazzo) with tapered K Dimensions.

(e) Mounts which are affixed to the wheel by the manufacturer shall not be reused. Type 27 and Type 28 wheels shall be used only with a safety guard located between wheel and operator during use. (See Figure A-14 and A-15 of Appendix C.)

(f) Recess and Undercut.

(1) Straight relieved flanges made according to Table A-1 and Figure A-16 shall be recessed at least one-sixteenth inch on the side next to the wheel for a distance as specified in Table A-1.

(2) Straight flanges of the adaptor or sleeve type (Table A-4 and Figures A-18 and A-19) shall be undercut so that there will be no bearing on the sides of the wheel within one-eighth inch of the arbor hole. (Figures A-18 and A-19 are illustrated in Appendix D.)

(g) Blotters. Blotters (compressible washers) shall always be used between flanges and abrasive wheel surfaces to insure uniform distribution of flange pressure. [See Section 3480(e).]

Exceptions:
(1) Mounted wheels.
(2) Abrasive discs (inserted nut, inserted washer, and projecting stud type).
(3) Plate mounted wheels.
(4) Cylinders, cups, or segmental wheels that are mounted in chucks.
(5) Types 27 and 28 wheels.
(6) Certain Type 1 and Type 27A cutting-off wheels.
(7) Certain internal wheels.
(8) Type 4 tapered wheels.
(9) Diamond wheels, except certain vitrified diamond wheels.
(10) Modified Types 6 and 11 wheels (terrazzo)--blotters applied flat side of wheel only.

(h) Driving Flange. The driving flange shall be securely fastened to the spindle and the bearing surface shall run true. When more than one wheel is mounted between a single set of flanges, wheels may be cemented together or separated by specially designed spacers. Spacers shall be equal in diameter to the mounting flanges and have equal bearing surfaces. [See Section 3480(f).]

(i) Dimensions.

(1) Tables A-1 and A-2 and Figures A-16 and A-17 of Appendix D show minimum dimensions for straight relieved and unrelieved flanges for use with wheels with small holes that fit directly on the machine spindle. Dimensions of such flanges shall never be less than indicated and should be greater where practicable.

(2) Tables A-3 and A-4 and Figures A-18 and A-19 of Appendix D show minimum dimensions for straight adaptor flanges for use with wheels having holes larger than the spindle. Dimensions of such adaptor flanges shall never be less than indicated and should be greater where practicable.

(3) Table A-5 and Figure A-19 of Appendix D show minimum dimensions for straight flanges that are an integral part of wheel sleeves which are frequently used on precision grinding machines. Dimensions of such flanges shall never be less than indicated and should be greater where practicable.

(j) Repairs and maintenance. All flanges shall be maintained in good condition. When the bearing surfaces become worn, warped, sprung, or damaged they should be trued or refaced. When refacing or truing, care shall be exercised to make sure that proper relief and rigidity is maintained as specified in subsection (f) of this section and they shall be replaced when they do not conform to this subsection and Table A-2, Figure A-17, Table A-3, Figure A-18, Table A-1, Figure A-16, and Table A-5, Figure A-19. Failure to observe these rules might cause excessive flange pressure around the hole of the wheel. This is especially true of wheel-sleeve or adaptor flanges. (Figures A-16, A-17, A-18 and A-19 are illustrated in Appendix D.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Repealer of subsections (d), (e) and (f) and relettering of existing subsections filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

3. Amendment of subsections (j), (k), (l) and (p) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

4. Repealer and new section filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3580. Mounting.

Note • History

(a) Inspection. Immediately before mounting, all wheels shall be closely inspected and sounded by the user (ring test) to make sure they have not been damaged in transit, storage, or otherwise. The spindle speed of the machine shall be checked before mounting of the wheel to be certain that it does not exceed the maximum operating speed marked on the wheel. Wheels should be tapped gently with a light nonmetallic implement, such as the handle of a screwdriver for light wheels, or a wooden mallet for heavier wheels. If they sound cracked (dead), they shall not be used.

Note: This is known as the “Ring Test.” Wheels must be dry and free from sawdust when applying the ring test, otherwise the sound will be deadened. It should also be noted that organic bonded wheels do not emit the same clear metallic ring as do vitrified and silicate wheels. “Tap” wheels about 45 degrees each side of the vertical centerline and about 1 or 2 inches from the periphery as indicated by the spots in Figure A-20 and Figure A-21 of Appendix E. Then rotate the wheel 45 degrees and repeat the test. A sound and undamaged wheel will give a clear metallic tone. If cracked, there will be a dead sound and not a clear “ring.”

(b) Arbor size. Grinding wheels shall fit freely on the spindle and remain free under all grinding conditions. A controlled clearance between the wheel hole and the machine spindle (or wheel sleeves or adaptors) is essential to avoid excessive pressure from mounting and spindle expansion. To accomplish this, the machine spindle shall be made to nominal (standard) size plus zero minus .002 inch, and the wheel hole shall be made suitably oversize to assure safety clearance under the conditions of operating heat and pressure.

(d) Bushing. When a bushing is used in the wheel hole it shall not exceed the width of the wheel and shall not contact the flanges.

(e) Blotters. When blotters or flange facings of compressible material are required, they shall cover entire contact area of wheel flanges. Highly compressible material such as blotting paper as normally used should not exceed.025 inch in thickness. If material of lower compressibility is used, greater thickness may be necessary. Blotters need not be used with the following types of wheels:

(1) Mounted wheels.

(2) Abrasive discs (inserted nut, inserted washer, and projecting-stud type).

(3) Plate mounted wheels.

(4) Cylinders, cups, or segmental wheels that are mounted in chucks.

(5) Types 27 and 28 wheels.

(6) Certain Type 1 and Type 27A cutting-off wheels.

(7) Certain internal wheels.

(8) Type 4 tapered wheels.

(9) Diamond wheels, except certain vitrified diamond wheels.

(f) Multiple wheel mounting. When more than one wheel is mounted between a single set of flanges, wheels may be cemented together or separated by specially designed spacers. Spacers shall be equal in diameter to the mounting flanges and have equal bearing surfaces. When mounting wheels which have not been cemented together, or ones which do not utilize separating spacers, wheels specially manufactured for that purpose shall be used.

(g) Replacing safety guard. After mounting a wheel, safety guard shall be properly positioned before starting the wheel.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Repealer and new section filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

§3581. Speed.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Amendment filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

3. Repealer filed 7-29-98; operative 8-28-98 (Register 98, No. 31).

§3582. Storage.

Note • History

Abrasive wheels shall not be stored where they would be subjected to exposure to high temperature or humidity, water or other liquids, freezing temperature or any temperature low enough to cause condensation on the wheels when moved from storage to an area of higher temperature, or where they would be subjected to physical damage from falling tools or materials.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. New NOTE filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

FIGURES A-15 through A-22

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment to the title of Figure A-15, and new Figure A-22 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Repealer filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48)

§3583. Portable Abrasive Wheels.

Note • History

(a) General requirements. Abrasive wheels shall be used only on machines provided with safety guards as required in Section 3577(b).

(b) A safety guard shall cover the spindle end, nut and flange projections. The safety guard shall be mounted so as to maintain proper alignment with the wheel, and the strength of the fastenings shall exceed the strength of the guard.

Exceptions:
(1) Safety guards on all operations where the work provides a suitable measure of protection to the operator may be so constructed that the spindle end, nut and outer flange are exposed. Where the nature of the work is such as to entirely cover the side of the wheel, the side covers of the guard may be omitted.
(2) The spindle end, nut, and outer flange may be exposed on portable machines designed for, and used with, Types 6, 11, 27, and 28 abrasive wheels, cutting-off wheels, and tuck pointing wheels.

(1) Safety guards as specified in this section; or

(2) Special “Revolving Cup Guards” which mount behind the wheel and turn with it. They shall be made of steel or other material with adequate strength and shall enclose the wheel sides upward from the back for one-third of the wheel thickness. The mounting features shall conform with all regulations. (See Section 3580.) It is necessary to maintain clearance between the wheel side and the guard. The clearance shall not exceed one-sixteenth inch; or,

(3) Some other form of guard that will insure as good protection as that which would be provided by the guards specified in subsections (a) and (b) of this section.

(d) Vertical portable grinders. Safety guards used on machines known as right angle head or vertical portable grinders shall have a maximum exposure angle of 180 degrees, and the guard shall be so located so as to be between the operator and the wheel during use. Adjustment of guard shall be such that pieces of an accidentally broken wheel will be deflected away from the operator. (See Figure A-22 of Appendix E.)

(e) Other portable grinders. The maximum angular exposure of the grinding wheel periphery and sides for safety guards used on other portable grinding machines shall not exceed 180 degrees and the top half of the wheel shall be enclosed at all times. (See Figure A-23 of Appendix E.)

(f) Mounting and inspection of abrasive wheels.

(1) Immediately before mounting, all wheels shall be closely inspected and sounded by the user to make sure they have not been damaged in transit, storage, or otherwise. The spindle speed of the machine shall be checked before mounting of the wheel to be certain that it does not exceed the maximum operating speed marked on the wheel.

(2) Grinding wheels shall fit freely on the spindle and remain free under all grinding conditions. A controlled clearance between the wheel hole and the machine spindle (or wheel sleeves or adaptors) is essential to avoid excessive pressure from mounting and spindle expansion. To accomplish this, the machine spindle shall be made to nominal (standard) size plus zero minus .002 inch, and the wheel hole shall be made suitably oversize to assure safety clearance under the conditions of operating heat and pressure.

(3) All contact surfaces of wheels, blotters, and flanges shall be flat and free of foreign matter.

(4) When a bushing is used in the wheel hole it shall not exceed the width of the wheel and shall not contact the flanges.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

TABLE A-1

MINIMUM DIMENSIONS FOR STRAIGHT RELIEVED FLANGES

Embedded Graphic 08.0391

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

TABLE A-2

MINIMUM DIMENSIONS FOR STRAIGHT UNRELIEVED FLANGES FOR

WHEELS WITH THREADED INSERTS OR PROJECTING STUDS

Embedded Graphic 08.0392

*Must be large enough to extend beyond the bushing. Where prong anchor or cupback bushing are used, this footnote does not apply.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

TABLE A-3

MINIMUM DIMENSIONS FOR STRAIGHT ADAPTOR FLANGE

--FOR ORGANIC BONDED WHEELS OVER 1 1/4 INCH THICK *

Embedded Graphic 08.0393

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

TABLE A-4

MINIMUM DIMENSIONS FOR STRAIGHT FLANGES--FOR MECHANICAL

GRINDERS

12,500 S.F.P.M. to 16,500 S.F.P.M.1

Embedded Graphic 08.0394

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

TABLE A-5

MINIMUM DIMENSIONS FOR STRAIGHT FLANGES USED AS

WHEEL SLEEVES FOR PRECISION GRINDING ONLY

Embedded Graphic 08.0395

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

TABLE A-6

GUIDE FOR CONSTRUCTION OF BAND TYPE GUARDS

Maximum Wheel Speed 7000 SFPM

Embedded Graphic 08.0396

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

TABLES A-7 through A-18

HISTORY

1. New Tables A-7 through A-18 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Repealer of Tables A-7 through A-18 filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

Appendix A

Embedded Graphic 08.0397

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix A filed 11-22-85; effective thirtieth day thereafter (Register 85,No. 48).

2. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix B

Embedded Graphic 08.0398

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix B filed 11-22-85; effective thirtieth day thereafter (Register 85. No. 48).

2. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix C

Embedded Graphic 08.0399

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix C filed 11-22-85; effective thirtieth day thereafter (Register 85,No. 48).

2. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix D

Embedded Graphic 08.0400

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix D filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

2. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix E

Embedded Graphic 08.0401

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix E filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

2. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix F

Embedded Graphic 08.0402

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix F filed 11-22-85; effective thirtieth day thereafter (Register 85, No. 48).

2. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Appendix G

Embedded Graphic 08.0403

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Appendix G filed 11-22-85; effective thirtieth day thereafter (Register 85. No. 48).

2. Change without regulatory effect providing more legible illustrations filed 2-9-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Group 4. General Mobile Equipment and Auxiliaries

Article 23. Mobile Ladder Stands and Scaffolds (Towers)

§3620. Scope.

Note • History

This standard prescribes rules and requirements for the design, construction, and use of mobile work platforms (including ladder stands but not including aerial ladders) and rolling (mobile) scaffolds (towers).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 23 (Sections 3620-3627) filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3621. Definitions.

Note • History

Brace. A tie that holds one scaffold member in a fixed position with respect to another member.

Climbing Ladder. A separate ladder with equally spaced rungs usually attached to the scaffold structure for climbing and descending.

Coupler. A device for locking together the components of a tubular metal scaffold which shall be designed and used to safely support the maximum intended loads.

Design Working Load. The maximum intended load, that is, the total of all loads including the weight of the workers, materials, and equipment.

Elevated Work Level. The elevated platform, used for supporting workers and their materials, comprising the necessary vertical, horizontal, and diagonal braces, guardrails and ladder for access to the work platform.

Ladder Stand. A mobile fixed size self-supporting ladder consisting of a wide flat tread ladder in the form of stairs. The assembly may include handrails but does not include a platform.

Ledger. A horizontal member of a scaffold upon which the platform rests and which may be supported by ribbons.

Mobile. In connection with this Article, the term “mobile” shall mean “manually propelled.”

Mobile Scaffold (Tower). A light, medium, or heavy duty scaffold mounted on casters or wheels.

Mobile Work Platform. A fixed work level on casters or wheels, with bracing diagonally from platform to vertical frame.

Ribbon. A horizontal scaffold member which extends from post to post and which supports the ledger forming a tie between the posts.

Scaffold. Any temporary elevated platform and its necessary vertical, diagonal, and horizontal members used to support workers and materials. (Also known as a scaffold tower.)

Tube and Coupler Scaffold. An assembly consisting of tubing which serves as posts, ledgers, braces, ties, and ribbons, a base supporting the posts, and special couplers which serve to connect the uprights and to join the various members.

Tubular Welded Frame Scaffold. A sectional, panel or frame metal scaffold substantially built up of prefabricated welded sections, which consist of posts and ledgers with intermediate connecting members and braced with diagonal or cross braces.

Tubular Welded Sectional Folding Scaffold. A sectional, folding metal scaffold either of ladder frame or inside stairway design, substantially built of prefabricated welded sections, which consist of end frames, platform frame, inside inclined stairway frame and braces, or hinge-connected diagonal and horizontal braces, capable of being folded into a flat package when the scaffold is not in use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3622. General.

Note • History

(a) “All scaffolds shall be erected in accordance with the provisions of Article 21 of the Construction Safety Orders.”

(b) Load Rating.

(1) The design working load of ladder stands shall be calculated on the basis of one or more 200-pound persons together with 50 pounds of equipment each.

(2) The design load of all scaffolds shall be calculated on the basis of:

(A) Light--Designed and constructed to carry a working load of 25 pounds per square foot.

(B) Medium--Designed and constructed to carry a working load of 50 pounds per square foot.

(3) All ladder stands and scaffolds shall be capable of supporting at least 4 times the design working load.

(c) Materials. The materials used in mobile ladder stands and scaffolds shall be selected to safely support the design working load and shall be maintained to protect against corrosion and deterioration.

(d) Fasteners. Nails, bolts, or other fasteners used in the construction of ladders, scaffolds, and towers shall be of adequate size and in sufficient numbers at each connection to develop the designed strength of the unit. Nails shall be driven full length. (All nails shall be immediately withdrawn from dismantled lumber.)

(e) Workmanship. All exposed surfaces shall be free from sharp edges, burrs, or other laceration hazards.

(f) Work Levels.

(1) The maximum work level height shall not exceed 3 times the least base dimension below the platform. Where the basic mobile unit does not meet this requirement, outrigger frames shall be employed to achieve this least base dimension, or provisions shall be made to guy or brace the unit against tipping.

(2) The minimum platform width for any work level shall not be less than 20 inches for mobile scaffolds (towers). Ladder stands shall have a minimum step width of 16 inches.

(3) The supporting structure for the work level shall be rigidly braced, using cross bracing or diagonal bracing with rigid platforms at each work level.

(4) The steps of ladder stands shall be slip-resistant.

(5) The work level platform of scaffolds (towers) shall be the full width of the scaffold, except for necessary openings. Work platforms shall be secured in place. All scaffold platforms shall meet the requirements of the Construction Safety Orders, Section 1637.

(6) All scaffold work levels 6 feet or higher above the ground or floor shall have a toeboard at locations where persons are required to work or pass under the scaffold. (See Section 3210.)

(7) All scaffold work levels 30 inches or higher above the ground or floor shall have guardrail protection that meets the requirements of Section 3209 and 3210.

(8) A climbing ladder or stairway shall be provided for proper access and egress, and shall be affixed or built into the scaffold and so located that its use will not have a tendency to tip the scaffold. A landing platform shall be provided at intervals not to exceed 30 feet.

(g) Wheels or Casters.

(1) Wheels or casters shall be properly designed for strength and dimensions to support 4 times the design working load.

(2) All scaffold wheels, casters and swivels shall be provided with a positive locking device, or other effective means to prevent movement of the scaffold.

(3) Ladder stands shall have at least 2 locking casters or other means of locking the unit in position. If only 2 casters are used, they shall be of the directional type and if 4 casters are used, at least 2 of the 4 shall be of the swivel type.

(4) Locking devices shall be kept in the locked position when workers are climbing or working on scaffolds and ladder stands.

(5) Where leveling of the elevated work platform is required, screw jacks or other similar means for adjusting the height shall be provided in the base section of each mobile unit. The screw jack shall extend into its leg tube at least 1/3 its length, but in no case shall the exposed portion of the screw jack exceed 12 inches.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 11-18-76; effective thirtieth day thereafter (Register 76, No. 47).

2. Amendment of subsections (a)(3), (e)(1), (e)(6) and (f) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

3. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

4. Amendment of subsection (f)(5) filed 6-19-2001; operative 7-19-2001 (Register 2001, No. 25).

5. Amendment of subsection (f)(5) filed 11-2-2010; operative 12-2-2010 (Register 2010, No. 45).

§3623. Mobile Tubular Welded Frame Scaffolds.

Note • History

(a) Units shall be designed to comply with the requirements of Section 3622.

(b) Scaffolds shall be braced by cross braces or diagonal braces, or both, for securing vertical members together laterally. The cross braces shall be of a length that will automatically square and align vertical members so the erected scaffold is always plumb, square, and rigid.

(c) Spacing of panels or frames shall be consistent with the loads imposed. The frames shall be placed one on top of the other with coupling or stacking pins to provide vertical alignment of the legs.

(d) Where uplift may occur, panels shall be locked together vertically by pins or other equivalent means.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-12-84 (Register 84, No. 41).

§3624. Mobile Tubular Welded Sectional Folding Scaffolds.

Note • History

(a) Units including sectional stairway and sectional ladder scaffolds shall be designed to comply with the requirements of Section 3622.

(b) An integral stairway and work platform shall be incorporated into the structure of each sectional folding stairway scaffold.

(c) An integral set of pivoting and hinged folding diagonal and horizontal braces and a detachable work platform shall be incorporated into the structure of each sectional folding ladder scaffold.

(d) Sectional folding stairway scaffolds shall be designed as medium duty scaffolds except for special base (open end) sections, which are designed for high clearance. These special base sections shall be designed as light duty scaffolds. When upper sectional folding stairway scaffolds are used with a special high clearance base, the load capacity of the entire scaffold will be reduced accordingly.

(e) Sectional folding ladder scaffolds shall be designed as light duty scaffolds including special base (open end) sections which are designed for high clearance. For certain special applications the 6-foot folding ladder scaffolds, except for special high clearance base sections, shall be designed for use as medium duty scaffolds.

(f) The width of a sectional folding stairway scaffold shall not exceed 4 1/2 feet. The maximum length of a sectional folding stairway scaffold shall not exceed 6 feet.

(g) The width of a sectional folding ladder scaffold shall not exceed 4 1/2 feet. The maximum length of a sectional folding ladder scaffold shall not exceed 6 feet 6 inches for a 6-foot long unit, 8 feet 6 inches for an 8-foot unit or 10 feet 6 inches for a 10-foot long unit.

(h) The end frames of sectional ladder and stairway scaffolds shall be designed so that the horizontal ledgers provide supports for multiple planking levels.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (e) and (f) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment of NOTE filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3625. Mobile Tube and Coupler Scaffolds.

Note • History

(a) Units shall be designed to comply with the applicable requirements of Section 3622.

(b) The material used for the couplers shall be of a structural type, such as a drop-forged steel, malleable iron, or structural grade aluminum. The use of gray cast iron is prohibited.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-12-84 (Register 84, No. 41).

§3626. Mobile Work Platforms.

Note • History

(a) Units shall be designed for the use intended and shall comply with the requirements of Section 3622.

(b) The minimum width of the base of mobile work platforms shall be 20 inches.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-12-84 (Register 84, No. 41).

§3627. Mobile Ladder Stands.

Note • History

(a) Units shall comply with applicable requirements of Section 3622.

(b) The minimum base width shall conform to Section 3622(f). The minimum length of the base section shall be the total length of combined steps and top assembly, measured horizontally, plus 5/8-inch per step of rise.

(c) Steps shall be uniformly spaced, and sloped, with a rise of not less than 9 inches, nor more than 10 inches, and a depth of not less than seven (7) inches nor more than 10 inches including the top tread. The slope of the steps section shall be a minimum of 55 degrees and a maximum of 60 degrees measured from the horizontal.

(d) Units having steps with four or more risers shall be equipped with handrails.

(e) Handrails shall be a minimum of 30 inches high. Measurements shall be taken from the upper surface of the top rail to the surface of the tread in line with the face of the riser below the tread.

(f) The design working load stipulated in Section 3622(b)(1) shall be applied uniformly to a 3 1/2-inch wide area front to back at the center of the width span with a safety factor of 4.

(g) Mobile ladder stands with a top step height of 48 inches or greater from the floor or level below shall have guardrail protection that meets the requirements of Sections 3209 and 3210.

(h) Mobile ladder stands with a top step height greater than 30 inches but less than 48 inches shall have a guardrail at least 30 inches (+ 1 inch) in height.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (f) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

3. New subsections (g) and (h) filed 12-2-86; effective thirtieth day thereafter (Register 86, No. 49).

4. Change without regulatory effect amending subsection (b) filed 4-8-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 15).

Article 24. Elevating Work Platforms and Aerial Devices

§3636. Application.

Note • History

(a) This Article applies to elevating work platforms and vehicle mounted or self-propelled aerial devices which are used to position personnel, along with their tools and necessary materials, to work locations.

(b) This Article does not apply to:

(1) Mobile ladder stands and scaffolds (towers) (covered in Article 23).

(2) Powered platforms for exterior building maintenance (covered in Article 6).

(3) Vertically adjustable platforms used primarily to raise and lower materials or materials-handling equipment, or both, with their operating personnel necessary to transfer such materials between varying elevations (covered in Article 14, Construction Safety Orders).

(4) Industrial Trucks, Tractors, Haulage Vehicles, and Earth Moving Equipment (covered in Article 25).

(5) Fire fighting equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 24 ( §§ 3636-3646) filed 10-17-75; effective thirtieth day thereafter (Register 75, No. 42).

2. Amendment of subsection (a) filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 10).

3. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

4. New subsection (b)(5) filed 4-29-96; operative 5-29-96 (Register 96, No. 18).

§3637. Definitions.

Note • History

Aerial Device. Any vehicle-mounted or self-propelled device, telescoping extensible or articulating, or both, which is primarily designed to position personnel.

Aerial Ladder. An aerial device consisting of a single-or-multiple-section extension ladder.

Articulating Boom. An aerial device with two or more hinged boom sections.

Boom. An elevating member; the lower end of which is so attached to a rotating or non-rotating base that permits elevation of the free or outer end in vertical plane.

Elevating Work Platform. A device designed to elevate a platform in a substantially vertical axis. (Vertical Tower, Scissor Lift, Mast-Climbing Work Platform)

Extensible Boom Platform. An aerial device (except ladders) with an extensible boom. Telescopic booms with personnel platform attachments shall be considered to be extensible boom platforms.

Insulated Aerial Device. An aerial device designed for work on energized lines and apparatus.

Mast-Climbing Work Platform. A powered elevating work platform or platforms, supported on one or more vertical masts, for the purpose of positioning personnel, along with necessary tools and materials, to perform their work.

Orchard Man-Lift (Pruning Tower). An aerial device designed to elevate and position personnel for the purpose of harvesting and/or pruning fruit and nut trees.

Override. The taking over of primary control functions from a secondary location.

Pin-On Platform. A platform other than basket or tub, without a guardrail which is attached to a boom by hinge or pivot connection allowing movement in the vertical plane, including such hinge down platforms used at the upper end of aerial ladders.

Platform. Any personnel-carrying device (bucket, basket, cage, stand, tub, or equivalent) which is a component of an aerial device.

Rated Work Load. The safe design live load carrying capacity of the work platform.

Stability. A condition of a work platform in which the sum of the moments, which tends to overturn the unit is less than the sum of the moments tending to resist overturning.

Work Platform, Adjustable. Any device that has a platform which is vertically, horizontally or rotationally adjustable and supported by a structure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

2. Amendment of section filed 9-10-91; operative 10-10-91 (Register 91, No. 51).

3. Amendment adding definition for “Orchard Man-Lift (Pruning Tower)” filed 10-28-91; operative 11-27-91 (Register 92, No. 7).

4. Amendment of definitions of “Elevating Work Platform” and “Work Platform” and new definition of “Mast-Climbing Work Platform” filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).

§3638. General Requirements.

Note • History

(a) Each unit shall have a manual containing instructions for maintenance and operations. If a unit is able to be operated in different configurations, then these shall be clearly described, including the rated capacity in each configuration.

(1) The required manual(s) shall be maintained in a weather resistant storage location on the elevating work platform or aerial device.

(b)(1) Each aerial device or elevating work platform placed in service prior to December 23, 1999 shall have a conspicuously displayed legible plate or other legible marking verifying the aerial device or elevating work platform is designed and manufactured in accordance with the following applicable specifications:

ANSI A92.2-1969 or 1979 for Vehicle Mounted Elevating and Rotating Aerial Devices

ANSI A92.3-1980 for Manually Propelled Elevating Work Platforms,

ANSI A92.5-1980 for Boom Supported Elevating Work Platforms,

ANSI A92.6-1979 for Self-Propelled Elevating Work Platforms,

ANSI A92.7-1981 for Airline Ground Support Vehicle-Mounted Vertical Lift Devices,

ANSI/SIA A92.9-1993 for Mast-Climbing Work Platforms.

(2) Each aerial device or elevating work platform placed in service on or after December 23, 1999 shall have a conspicuously displayed legible plate or other legible marking verifying the aerial device or elevating work platform is designed and manufactured in accordance with the following applicable specifications:

ANSI/SIA A92.2-1990 for Vehicle-Mounted Elevating and Rotating Aerial Devices,

ANSI/SIA A92.3-1990 for Manually Propelled Elevating Aerial Platforms,

ANSI/SIA A92.5-1992 for Boom-Supported Elevating Work Platforms,

ANSI/SIA A92.6-1990 for Self-Propelled Elevating Work Platforms,

ANSI/SIA A92.7-1990 for Airline Ground Support Vehicle-Mounted Vertical Lift Devices,

ANSI/SIA A92.9-1993 for Mast-Climbing Work Platforms.

(1) Make, model and manufacturer's serial number.

(2) Rated capacity at the maximum platform height.

(3) Maximum platform travel height.

(4) Maximum recommended operating pressure of hydraulic or pneumatic system(s) or both.

(5) Basic cautions or restrictions of operation or both.

(6) Basic operating instructions, and/or instructions referring users to the manufacturer's operating manual.

(7) Rated line voltage (if applicable).

(8) Alternative configurations shall require in addition to the above:

(A) Chart, schematic, or scale showing capacities of all combinations in their operating positions.

(B) Caution or restrictions or both, of operation of all alternate or combinations of alternate configurations.

Exception to (c)(8): For mast-climbing work platform alternative configurations, the plate may refer the operator to the operating/instruction manual.

(d) Employees shall be instructed in the proper use of the platform in accordance with this Article, the manufacturer's operating instructions and Section 3203, Injury and Illness Prevention Program.

(e) All aerial devices and elevating work platforms shall be assembled and erected by a qualified person in accordance with the manufacturer's specifications and this Article and shall be maintained in safe operating condition.

(1) If the manufacturer is no longer in business and instructions are no longer available, assembly and erection shall be performed by a qualified person under the direction of a registered professional engineer experienced in the design of elevating work platforms or aerial devices.

(f) Work performed when using elevating work platforms or aerial devices in proximity to energized high voltage lines shall be in accordance with Article 37 of the High-Voltage Electrical Safety Orders.

Note: See Title 8, Low Voltage Electrical Safety Orders for work below 600 volts.

(g) All electrical tests shall conform to the requirements of the applicable ANSI Standard or equivalent d.c. voltage test approved by the equipment manufacturer or equivalent entity.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

2. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

3. Change without regulatory effect of subsections (b) and (f) filed 8-30-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 37).

4. Amendment of subsection (e) filed 4-29-96; operative 5-29-96 (Register 96, No. 18).

5. Redesignation and amendment of existing subsection (b) as subsection (b)(1) and new subsection (b)(2) filed 11-23-99; operative 12-23-99 (Register 99, No. 48).

6. Amendment of section heading and section, including incorporation by reference of ANSI/SIA A92.9-1993 standard, filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).

§3639. Factors of Safety in Design of Work Platform Assembly.

Note • History

(a) Where the platform is supporting its rated work load by a system of wire ropes or lift chains, or both, the safety factor of the wire rope or chain system shall not be less than 8 to 1 based on ultimate strength.

(b) All critical components of a hydraulic or pneumatic system used in a work platform shall have a bursting strength that exceeds the pressure attained when the system is subjected to the equivalent of four times the rated work load. Critical components are those in which a failure would result in a free fall or free rotation of the boom. All noncritical hydraulic components shall have a bursting safety factor of at least 2 to 1.

(c) Automatic safety devices or systems shall be provided to prevent free fall of the work platform should a failure of the power supply or elevating system occur.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

2. Amendment of subsection (a) filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).

§3640. Inspection, Maintenance and Repairs.

Note • History

(a) Inspection, Maintenance and Repairs:

(1) Inspection, maintenance and repairs shall be performed by a qualified person in accordance with the manufacturer's specifications.

(2) If the manufacturer is no longer in business and manufacturer's specifications are no longer available, required inspection, maintenance and repairs shall be performed by a qualified person under the direction of a registered professional engineer experienced in the design of elevating work platforms or aerial devices.

(3) The materials used in the repair of aerial devices and elevating work platforms shall conform to standard specifications of strength, dimensions, and weights, and shall be selected to safely support the rated work load.

(b) Electrical wiring and equipment shall comply with the provisions of the California Electrical Safety Orders (CCR Title 8).

(d) Records. Records of inspections and repairs shall be maintained for at least three years and be made available to the Division upon request.

(1) Records of inspections shall document the date of inspection, and any deficiencies found, the corrective action recommended and identification of the persons or entities performing the inspection.

(2) Records of repairs shall include the date of any such repair, a description of the work accomplished and identification of the persons or entities performing the work.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

2. Amendment of subsection (a) filed 4-29-96; operative 5-29-96 (Register 96, No. 18).

3. Amendment of section heading and section filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).

§3641. Orchard Man-Lifts (Pruning Tower).

Note • History

(a) Orchard Man-Lifts manufactured after September 1, 1991 shall have a permanently affixed, legible plate or be conspicuously marked, as follows:

(1) The device meets either ANSI A92.5-1980, Sections 3 and 4 or ANSI/SIA A92.5-1992, Section 4 requirements for construction and stability.

(A) Orchard Man-Lifts manufactured after May 7, 1999 meets ANSI/SIA A92.5-1992, Section 4 requirements for construction and stability.

(2) Make, model, serial number and manufacturer's name and address;

(3) Rated platform workload;

(4) Maximum platform height and travel height;

(5) Alternative configuration statement, if applicable;

(6) Work-in-proximity-to-high-voltage overhead-lines warning, and,

(7) Maximum slope on which the device may be operated when the platform is elevated.

(b) In addition to having permanently affixed, legible plates or markings stating that the orchard man-lift meets the applicable ANSI or ANSI/SIA A92.5, Sections 3 and/or 4 requirements, orchard man-lifts manufactured after September 1, 1991 shall incorporate the following:

(1) A rigid platform guardrail at least 36 inches in height, surrounding the entire platform. Midrails are not required;

(2) A work platform fully enclosed below the guardrail to within three inches of the platform floor or enclosed with vertical members spaced not more than nine inches apart. Access to the platform shall be provided by one of the following:

(A) Access opening not to exceed 20 inches in width; or

(B) Access gate or door provided it is designed to prevent unintentional opening and provide a closed guardrail around the platform.

(3) Access to or from the platform shall not be over the guardrail.

(4) A safety belt with attached lifeline shall be worn when guardrail height is less than 42 inches above the platform floor. A lifeline anchorage point shall be provided on the platform.

(5) A secondary set of platform controls shall be provided at ground level capable of raising and lowering the platform and deenergizing the system.

(6) All operating controls shall move in the direction of the function which they control and shall be of the type which automatically return to “off” or the “neutral” position when released.

(7) The platform elevating system shall be designed to limit descent of the raised platform to 135 feet per minute in the event of an elevating system failure.

(1) A permanent legible plate or conspicuous marking containing the information required in subsection (a), (1-7) of this Section shall be affixed to the orchard man-lift;

(2) All load supporting structural elements of the work platform shall have a factor of safety not less than 2 to 1;

(3) The device and work platform shall be capable of maintaining stability while sustaining a static load equal to 1-1/3 times its rated work load concentrated anywhere 12 inches inside the perimeter of the platform throughout its entire range of motion while on a 5 degree slope from the horizontal; and,

(4) The platform elevating system shall be equipped with a means of limiting descent of the platform to 135 feet per minute in the event of an elevating system failure.

Note: The orchard man-lift may be considered in compliance with these requirements provided compliance can be substantiated by manufacturer's specification, or documentation certified by a California registered engineer or by a nationally recognized testing laboratory as defined in Section 3207 of the General Industry Safety Orders.

(d) Orchard man-lifts shall be operated and maintained in accordance with the manufacturers' recommendations.

(e) Use and marking of orchard man-lifts shall be in accordance with Article 37 of the High Voltage Electrical Safety Orders.

(f) Operating instructions in Section 3648 of the General Industry Safety Orders shall apply to orchard man-lifts in addition to the following:

(1) Orchard man-lifts operators shall be trained in accordance with the manufacturer's recommended operating procedures.

(2) A written emergency procedure to move and lower the platform should the platform operator become unable to operate the controls shall be developed. Operators shall be trained in these emergency procedures.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

2. New section filed 10-28-91; operative 11-27-91 (Register 92, No. 7).

3. Amendment of subsection (a)(1), new subsection (a)(1)(A) and amendment of subsection (b) filed 4-7-99; operative 5-7-99 (Register 99, No. 15).

4. Amendment of subsection (f) filed 2-8-2002; operative 3-10-2002 (Register 2002, No. 6).

§3642. Elevating Work Platform Equipment.

Note • History

(a) The platform deck shall be equipped with:

A guardrail or other structure around its upper periphery that shall be 42 inches high, plus or minus 3 inches, with a midrail. (Chains or the equivalent may be substituted where they give equivalent protection.) Where the guardrail is less than 39 inches high, an approved personal fall protection system as defined in Section 3207 of these Orders shall be used in accordance with the requirements of Section 3648(o) of this Article.

(1) For mast-climbing work platforms used by glaziers, bricklayers and stonemasons, the inboard guardrail may be removed provided: (a) the inboard edge of the work platform or platform extension is no more than 7 inches from the finish face of the building or structure on which the work is being performed or (b) approved personal fall protection systems are used in accordance with Section 1670.

(2) For all other mast-climbing work platforms not included in (a)(1), the inboard guardrail may be removed provided: (a) the inboard edge of the work platform or platform extension is no more than 12 inches from the building or structure wall or (b) approved personal fall protection systems are used in accordance with Section 1670.

Note: Equipment buckets, tubs, or pin-on platforms refer to Section 3647.

(b) The configuration of an elevating work platform may include a ladder for personnel to use in reaching the platform deck. Any ladder device used in this way shall have rungs located on uniform centers not to exceed 12 inches.

(c) Any elevating work platform equipped with a powered elevating assembly and having a platform height exceeding 60 inches shall be supplied with safe emergency lowering means compatible with the specific elevating assembly employed.

(d) Any powered elevating work platform shall have both upper and lower control devices. Controls shall be plainly marked as to their function and guarded to prevent accidental operation. The upper control device shall be in or beside the platform, within easy reach of the operator. The lower control device shall have the capability to lower the platform where the operator's safety is in jeopardy.

Exception: Mast-climbing work platform controls shall be located only on the platform.

(e) An emergency stopping device shall be provided at the upper controls of elevating work platforms.

(f) Elevating Work Platforms shall include:

(1) Toe boards at sides and ends which shall not be less than 3 1/2 inches high.

Exception: Toe boards may be omitted at the access openings and on television and movie camera booms.

(2) A hinged trap access door, if applicable.

(3) A platform whose minimum width shall not be less than 16 inches.

(g) Mast-climbing work platforms shall include the following fire safety provisions:

(1) At least one-3A40BC fire extinguisher located not closer than five feet from the control panel.

(2) When fuel-powered equipment is being used, the equipment fuel supply shall be limited to no more than that required for a single shift.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

2. Amendment of section heading and subsection (a) filed 10-4-99; operative 11-3-99 (Register 99, No. 41).

3. New subsections (a)(1)-(2), amendment of subsection (d) and new subsections (g)-(g)(2) filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).

§3643. Guarding of Moving Parts.

Note • History

All rotating shafts, gearing, and other moving parts shall be guarded to conform with Group 6 of the General Industry Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3644. Stability on Level Ground. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3645. Stability on Inclined Surfaces.

Note • History

(a) Unless recommended for such use by the manufacturer, no elevating work platform shall be used on an inclined surface.

(b) Procedures for maintaining stability must be clearly outlined in the special warnings section [see 3638(c)]. The user shall not deviate from the manufacturer's instructions.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3646. Operating Instructions (Elevating Work Platforms).

Note • History

(a) No employee shall ride, nor tools, materials, or equipment be allowed on a traveling elevated platform unless the following conditions are met:

Exception: TV and Movie Camera Booms.

(1) The travel speed at Maximum Travel Height does not exceed 3 feet (0.9m) per second.

(2) Self-propelled units shall be equipped with electrical or other interlock means which will prevent driving them with the platform height greater than the Maximum Travel Height or at speeds greater than permitted at Maximum Travel Height.

(3) The surface upon which the unit is being operated is level with no hazardous irregularities or accumulation of debris which might cause a moving platform to overturn.

(b) Units shall be assembled, used, and disassembled in accordance with the manufacturer's instructions.

(d) Units shall not be loaded in excess of the design working load and shall be taken out of service when damaged or weakened from any cause. They shall not be used until repairs are completed.

(e) Employees shall not sit, stand or climb on the guardrails of an elevating work platform or use planks, ladders, or other devices to gain greater working height or reach.

(f) Employees shall not work on units when exposed to high winds, storms, or when they are covered with ice or snow (unless provisions have been made to ensure the safety of the employees).

(g) Employees climbing or descending vertical ladders shall have both hands free for climbing.

Note: Employees should remove foreign substances, such as mud or grease from their shoes.

(h) Where moving vehicles are present, the work area shall be marked with warnings such as flags, roped off areas or other effective means of traffic control shall be provided.

Exception: Aircraft service areas.

(i) Unstable objects such as barrels, boxes, loose brick, tools, debris, shall not be allowed to accumulate on the work level.

(j) In operations involving production of small debris, chips, etc., and the use of small tools and materials, and where persons are required to work or pass under the equipment, screens shall be required between toeboards and guardrails. The screen shall extend along the entire opening, shall consist of No. 18 gage U.S. Standard Wire 1/2 inch mesh, or equivalent.

(k) Mast-climbing work platforms, shall not be used as construction personnel hoists or material hoists.

Exceptions for (k):

1. Theatrical and Television Motion Picture Industry.

2. This does not prohibit the transfer of tools, materials and/or workers using personal fall protection at the location where the work is being performed.

(l) Employees shall be instructed by a qualified person in the safe use of the work platform in accordance with the manufacturer's operating instructions, and Section 3203, Injury and Illness Prevention Program.

(1) Instruction for employees who erect, disassemble, move, operate, use, repair, maintain, or inspect elevating work platforms shall include, but not be limited to, training in:

(A) The provisions of this section.

(B) The correct procedures for performing their assigned duties.

(C) The nature of hazards associated with the equipment, including electrical hazards, fall hazards and falling object hazards in the work area and correct procedures for dealing with those hazards.

(D) The safe operation and use of elevating work platforms and the proper handling of materials on the work platform.

(E) The maximum load capacity of the work platform based upon installed configuration.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsection (a)and new subsection (a) filed 8-18-77; effective thirtieth day thereafter (Register 77, No. 34).

2. Amendment filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

3. Amendment of subsection (e) filed 1-23-2001; operative 2-22-2001 (Register 2001, No. 4).

4. Amendment of subsection (c) and new subsections (k)-(l)(1)(E) filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).

§3647. Pin-On Platforms.

Note • History

(a) Pin-on platforms shall be securely pinned to the boom or boom extension.

(b) Employees on the elevated pin-on platform shall be secured to the boom by a safety belt and lanyard or a body belt and safety strap.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

§3648. Operating Instructions (Aerial Devices).

Note • History

(a) Aerial baskets or platforms shall not be supported by adjacent structure(s) when workers are on the platform or in the basket while in an elevated position.

(b) Lift controls shall be tested in accordance with the manufacturers recommendations or instructions prior to use to determine that such controls are in safe working condition.

(d) Belting off to an adjacent pole, structure, or equipment while working from an aerial device shall not be permitted.

(e) Employees shall not sit or climb on the edge of the basket or use planks, ladders or other devices to gain greater working height.

(f) Boom and basket and platform load limits specified by the manufacturer shall not be exceeded.

(g) When elevating personnel with the vehicle stationary the braking systems shall be set.

(h) Provided they can be safely installed, wheel chocks shall be installed before using an aerial device on an incline.

(i) When used, outriggers shall be positioned on pads or a solid surface. All outriggers shall be equipped with hydraulic holding valves or mechanical locks at the outriggers.

(j) Climbers shall not be worn while performing work from an aerial device.

(k) When an insulated aerial device is required, the aerial device shall not be altered in any manner that might reduce its insulating value.

(l) An aerial device truck shall not be moved when the boom is elevated in a working position with employees in the basket or platform except when all of the following are complied with:

(1) The equipment is specifically designed for this type of operation in accordance with the provisions of Section 3638.

(2) All controls and signaling devices are tested and are in good operating condition.

(3) An effective communication system shall be maintained at all times between the basket or platform operator and where applicable, the vehicle operator.

(4) The route to be traveled is surveyed immediately prior to the work trip, checking for overhead obstructions, traffic, holes in the pavement, ground or shoulder, ditches, slopes, etc., for areas other than paved, a survey should be made on foot.

(5) The speed of the vehicle does not exceed three (3) miles per hour.

(6) Only one employee is in the basket.

(7) Both the driver and/or the elevated employee have been specifically trained for this type of work (towering) in accordance with the manufacturer's recommendations.

(m) Lower level controls shall not be operated unless permission has been obtained from the employee in the device, except in case of emergency.

(n) Before moving an aerial device for travel, the boom(s) shall be inspected to see that it is properly cradled and outriggers are in stowed position, except as provided in subsection (l).

(o) An employee, while in an elevated aerial device, shall be secured to the boom, basket or tub of the aerial device through the use of a safety belt, body belt or body harness equipped with safety strap or lanyard.

Exception: Orchard man-lifts manufactured after September 1, 1991 with guardrails 42 inches or higher above the platform floor.

(1) Safety belts/body belts are prohibited for use in personal fall arrest systems, but may be used as part of a fall restraint or positioning device system.

(2) Safety belts/body belts used as part of a positioning device system shall be rigged such that an employee cannot free fall more than 2 feet.

(3) A body harness may be used in a personal fall restraint, positioning or fall arrest system. When a body harness is used in a fall arrest system, the lanyard shall be rigged with a deceleration device to limit maximum arresting force on an employee to 1,800 pounds and prevent the employee from hitting any levels or objects below the basket or platform, and shall limit free fall to a maximum of 6 feet.

Note: The requirements of this section do not include any matter relating to firefighting equipment or any matter relating to the vehicles upon which aerial devices are mounted, except in respect to a vehicle being a stable support for the aerial device.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41).

2. Amendment of subsection (l)(7) and new subsection (o) filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).

3. Amendment of subsection (o) and new subsections (o)(1)-(3) filed 10-4-99; operative 11-3-99 (Register 99, No. 41).

4. Amendment of subsection (o) filed 2-8-2002; operative 3-10-2002 (Register 2002, No. 6).

Article 25. Industrial Trucks, Tractors, Haulage Vehicles, and Earthmoving Equipment

§3649. Definitions.

Note • History

Agricultural Tractor. A wheel-type vehicle, or track vehicle, of more than 20 engine horsepower, designed to furnish the power to pull, carry, propel, or drive implements that are designed for agriculture. All self-propelled implements are excluded.

Approved Truck or Industrial Truck. A truck that is listed or approved for fire safety purposes for the intended use by a nationally recognized testing laboratory using nationally recognized testing standards.

ASAE. American Society of Agricultural Engineers.

Canopy Guard (Overhead Guard). An overhead protection or shield which covers the machine operator in a manner that will minimize the possibility of injury from falling objects.

Crawler (Track-Type) Tractor. A tractor having two continuous, parallel crawler belts, consisting of a series of tread shoes or links, encompassing rollers and drive tumblers, supporting a base frame which houses the propelling mechanism.

High-Lift Truck. An industrial truck equipped with a power-operated lifting device used for the transportation, tiering and positioning of loads. As used in this definition, high-lift trucks include riderless high-lift straddle trucks where the employee operates the truck using a moveable steering arm and control handle while standing or walking behind the truck. (Excluded are front-end loaders defined in Section 3666 and tiering conveyors as defined in Article 32.)

Industrial Tow Tractor. A powered industrial vehicle designed primarily to tow nonpowered trucks, trailers, or other mobile loads on roadways or improved surfaces.

Industrial Tractor. A wheel or track-type vehicle of more than 20 engine horsepower used in operations such as landscaping, construction services, loading, digging, grounds keeping, and highway maintenance.

Industrial Truck. A mobile power-driven truck used for hauling, pushing, lifting, or tiering materials where normal work is normally confined within the boundaries of a place of employment. As used in this definition, industrial trucks include unmanned automated or semi-automated transport vehicles which utilize wheels and run on guide rails or narrow gauge rail tracks and can be operated by either remote control (i.e. a hand held pendant) or radio communication.

Load Backrest Extension. A device (permanently affixed or removable) extending vertically from the fork carriage frame.

Low Profile Tractor. An agricultural tractor possessing all of the following characteristics:

(A) The front wheel spacing is substantially equal to the rear wheel spacing, as measured from the inside of each right wheel to the inside of the corresponding left wheel.

(B) The clearance from the bottom of the tractor chassis to the ground does not exceed 18 inches (45.7 cm).

(D) The tractor is designed so that the seated operator straddles the transmission or is in another position within the same height limitation.

Rider Truck. An industrial truck that is designed to be controlled by a riding operator.

ROPS. Rollover protective structure (including protective frames and protective enclosures).

SAE. Society of Automotive Engineers.

Self-Propelled Implement. A self-propelled machine on which the implement is an integral part, such as, but not limited to, grain and bean combines, beet harvesters, corn and cotton pickers, hay balers and sprayers.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 6350 and amendment filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment and deletion of numerical designation filed 12-3-75; effective thirtieth day thereafter (Register 75, No. 49).

3. Amendment filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

4. Amendment filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

5. Amendment filed 2-15-90; operative 3-17-90 (Register 90, No. 8).

6. Amendment of “Industrial Truck” definition filed 1-2-96; operative 2-1-96 (Register 96, No. 1).

7. Amendment of definition of “High-Lift-Truck” filed 5-28-98; operative 6-27-98 (Register 98, No. 22).

8. Amendment of definition of “Low Profile Tractor” filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).

9. Amendment of definition of “Agricultural Tractor” filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).

§3650. Industrial Trucks. General.

Note • History

(a) Industrial trucks manufactured after March 15, 2009, shall be labeled as meeting the design and construction requirements of the following applicable standards which are hereby incorporated by reference:

ANSI/ITSDF B56.1 -- 2005, Safety Standard for Low Lift and High Lift Trucks

ANSI/ITSDF B56.5 -- 2005, Safety Standard for Guided Industrial Vehicles and Automated Functions of Manned Industrial Vehicles

ANSI/ITSDF B56.6 -- 2005, Safety Standard for Rough Terrain Forklift Trucks

ANSI/ITSDF B56.8 -- 2006, Safety Standard for Personnel and Burden Carriers

ANSI/ITSDF B56.9 -- 2007, Safety Standard for Operator Controlled Industrial Tow Tractors

ANSI/ITSDF B56.10 -- 2006, Safety Standard for Manually Propelled High Lift Industrial Trucks

NFPA 505 -- 2006, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations

UL 583 -- 1996, Standard for Safety, Electric-Battery-Powered Industrial Trucks

UL 558 -- 1996, Standard for Safety, Industrial Trucks, Internal Combustion Engine-Powered

(b)(1) All low lift and high lift trucks manufactured after June 26, 1998, through March 15, 2009 shall be labeled as meeting either the design and construction requirements of Part III, ASME B56.1-1993, Safety Standard for Low Lift and High Lift Trucks or Part III of the ANSI/ITSDF B56.1-2005 standard. All low lift and high lift trucks manufactured on or before June 26, 1998, shall be labeled as meeting either the design and construction requirements of the ASME standard indicated above or Part II, of the ANSI B56.1-1975 standard.

(2) Except as provided in subsection (b)(1), industrial trucks manufactured after September 1, 1991 through March 1, 1999 shall have affixed a legible tag or label stating compliance with the following applicable standards or those listed in subsection (b)(3):

NFPA 505-1987, formerly ANSI B56.2-1987, for powered industrial trucks,

UL 583-1984, formerly ANSI B56.3-1977, for electric-battery-powered industrial trucks,

UL 558-1984, formerly ANSI B56.4-1977, for internal combustion engine powered industrial trucks,

ANSI/ASME B56.5-1988 for guided industrial vehicles,

ANSI/ASME B56.6-1987 for rough terrain forklift trucks,

ANSI/ASME B56.7-1987 for industrial crane trucks,

ANSI/ASME B56.8-1988 for personnel and burden carriers,

ANSI/ASME B56.9-1987 for operator controlled industrial tow tractors.

(3) Except as provided in subsections (a) and (b)(1), industrial trucks manufactured after March 1, 1999 shall have affixed a legible tag or label stating compliance with the following applicable standards:

NPFA 505-1987, formerly ANSI B56.2-1978, for powered industrial trucks,

UL 583-1991, for electric-battery-powered industrial trucks,

UL 558-1991, for internal combustion engine powered industrial trucks,

ASME B56.5-1993, for guided industrial vehicles and automated functions of manned industrial vehicles,

ASME B56.6-1992, for rough terrain forklift trucks,

ANSI/ASME B56.7-1987, for industrial crane trucks,

ASME B56.8-1993, for personnel and burden carriers,

ASME B56.9-1992, for operator controlled industrial tow tractors.

(4) All name plates and model number, type designation and load capacity markings on industrial trucks, shall be maintained in a legible condition by the employer.

(c) Industrial trucks shall be designed, constructed and maintained in accordance with the applicable standards specified in subsections (a) and (b) of this section.

(d) If the truck is equipped with front-end attachments other than factory installed attachments, the truck shall be marked to identify the attachments and show the approximate weight of the truck and attachment combination, and capacity of the truck and attachment combination at maximum elevation of the load engaging means with the load laterally centered.

(e) Major modifications and structural changes to high lift trucks, industrial trucks and rider trucks that affect the capacity and safe handling of the vehicles shall not be performed by the employer or user without prior written approval from the manufacturer unless the modification is designed, manufactured, and installed in accordance with recognized good engineering and manufacturing principles. The capacity, operation and maintenance instruction plates shall be changed accordingly.

(f) Industrial trucks originally approved for the use of gasoline for fuel may be converted to liquefied petroleum gas fuel provided the complete conversion results in a truck which embodies the features specified for LP or LPS designated trucks as defined in Chapter 1-3, of NFPA 505-1987, which is herein incorporated by reference. Such conversion equipment shall be approved.

(1) When a conversion kit is installed, the original type designation shall be removed or obliterated and replaced with a durable, corrosion-resistant plate permanently mounted on the truck indicating the type designation of the converted truck.

(g) Powered industrial trucks shall not be operated in atmospheres containing more than 20 percent of the Lower Explosive Limit of flammable gas or vapor unless approved for the area as provided in (h).

Note: Concentrations below 20 percent of the Lower Explosive Limit may still require mandatory use of air-supplied respiratory protection. (See Section 5144.)

(h) Only industrial trucks approved for the exposure may be operated in atmospheres containing hazardous quantities of combustible dusts and ignitable fibers. Approval and area designation shall be based on NFPA 505-1982 with appropriate labeling.

(1) Approved trucks shall bear a permanent legible label or some other identifying mark indicating approval by the testing laboratory.

(i) When industrial trucks operate in areas where general lighting is less than 2 footcandles per square foot, directional lighting shall be provided on the truck.

(j) Trailers disconnected from their tractor shall be secured to prevent them from up-ending during loading or unloading operations. This may require utilization of auxiliary jacks designed for that purpose.

(k) Industrial trucks shall not be operated in areas that expose the operator to the hazard of collision with overhead obstructions unless the truck is equipped with overhead guards. (See Section 3655.)

(l) Loads of excessive width, length or height shall be so balanced, braced, and secured as to prevent tipping and falling.

(m) Batteries installed in trucks shall be secured in suitable racks which are secured to the truck.

(n) Motorized hand and hand/rider trucks shall be designed so that the brakes are applied and the power to the drive motor shut off when the operator releases his grip on the control tongue, or the device used to control travel.

Exception: Vehicles designed for use in order picking operations are exempt from the braking requirements, provided the speed of the vehicle does not exceed 3.5 mph while the operator is walking the vehicle.

(o) Radio remote control vehicles shall be equipped with positive means which restrict the speed of the vehicle to 3.5 mph while the equipment is being operated with radio remote control.

(p) Steering knobs shall not be used unless the truck is equipped with power steering.

(q) When cargo is being towed on pipe trucks or similar equipment, a safe means shall be provided to protect the driver from sliding loads.

(r) Counterweights shall be so affixed that they cannot be accidentally dislodged.

(s) Forks, fork extensions and other attachments shall be secured so that they cannot be inadvertently dislodged, and shall be used only in accordance with the manufacturer's recommendations.

(t) Industrial trucks and tow tractors shall be operated in a safe manner in accordance with the following operating rules:

(1) Only drivers authorized by the employer and trained in the safe operations of industrial trucks or industrial tow tractors pursuant to Section 3668 shall be permitted to operate such vehicles.

(2) Stunt driving and horseplay are prohibited.

(3) No riders shall be permitted on vehicles unless provided with adequate riding facilities.

(4) Employees shall not ride on the forks of lift trucks.

(5) Employees shall not place any part of their bodies outside the running lines of an industrial truck or between mast uprights or other parts of the truck where shear or crushing hazards exist.

(6) Employees shall not be allowed to stand, pass, or work under the elevated portion of any industrial truck, loaded or empty, unless it is effectively blocked to prevent it from falling.

(7) Drivers shall check the vehicle at the beginning of each shift, and if it is found to be unsafe, the matter shall be reported immediately to a foreman or mechanic, and the vehicle shall not be put in service again until it has been made safe. Attention shall be given to the proper functioning of tires, horn, lights, battery, controller, brakes, steering mechanism, cooling system, and the lift system for fork lifts (forks, chains, cable, and limit switches).

(8) No truck shall be operated with a leak in the fuel system.

(9) Vehicles shall not exceed the authorized or safe speed, always maintaining a safe distance from other vehicles, keeping the truck under positive control at all times and all established traffic regulations shall be observed. For trucks traveling in the same direction, a safe distance may be considered to be approximately 3 truck lengths or preferably a time lapse--3 seconds--passing the same point.

(10) Trucks traveling in the same direction shall not be passed at intersections, blind spots, or dangerous locations.

(11) The driver shall slow down and sound the horn at cross aisles and other locations where vision is obstructed. If the load being carried obstructs forward view, the driver shall be required to travel with the load trailing.

(12) Operators shall look in the direction of travel and shall not move a vehicle until certain that all persons are in the clear.

(13) Trucks shall not be driven up to anyone standing in front of a bench or other fixed object of such size that the person could be caught between the truck and object.

(14) Grades shall be ascended or descended slowly.

(A) When ascending or descending grades in excess of 10 percent, loaded trucks shall be driven with the load upgrade.

(B) On all grades the load and load engaging means shall be tilted back if applicable, and raised only as far as necessary to clear the road surface.

(15) The forks shall always be carried as low as possible, consistent with safe operations.

(16) When leaving a vehicle unattended (the operator is over 25 feet (7.6 meters) from or out of sight of the industrial truck), the brakes are set, the mast is brought to the vertical position, and forks are left in the down position, either:

(A) The power shall be shut off and, when left on an incline, the wheels shall be blocked; or

(B) The power may remain on provided the wheels are blocked, front and rear.

(17) When the operator of an industrial truck is dismounted and within 25 feet (7.6 meters) of the truck which remains in the operator's view, the load engaging means shall be fully lowered, controls placed in neutral, and the brakes set to prevent movement.

Exception: Forks on fork-equipped industrial trucks may be in the raised position for loading and unloading if the forks are raised no more than 42 inches above the level where the operator/loaders are standing, and the power is shut off, controls placed in neutral and the brakes set. If on an incline, the wheels shall be blocked.

(18) Vehicles shall not be run onto any elevator unless the driver is specifically authorized to do so. Before entering an elevator, the driver shall determine that the capacity of the elevator will not be exceeded. Once on an elevator, the industrial truck's power shall be shut off and the brakes set.

(19) Motorized hand trucks shall enter elevators or other confined areas with the load end forward.

(20) Vehicles shall not be operated on floors, sidewalk doors, or platforms that will not safely support the loaded vehicle.

(21) Prior to driving onto trucks, trailers and railroad cars, their flooring shall be checked for breaks and other structural weaknesses.

(22) Vehicles shall not be driven in and out of highway trucks and trailers at loading docks until such trucks or trailers are securely blocked or restrained and the brakes set.

(23) To prevent railroad cars from moving during loading or unloading operations, the car brakes shall be set, wheel chocks or other recognized positive stops used, and blue stop signs, blue flags or blue lights displayed in accordance with Section 3333 of these Orders and Title 49, Code of Federal Regulations, Section 218.27 which is hereby incorporated by reference.

(24) The width of one tire on the powered industrial truck shall be the minimum distance maintained from the edge by the truck while it is on any elevated dock, platform, freight car or truck.

(25) Railroad tracks shall be crossed diagonally, wherever possible. Parking closer than 8 1/2 feet from the centerline of railroad tracks is prohibited.

(26) Trucks shall not be loaded in excess of their rated capacity.

(27) A loaded vehicle shall not be moved until the load is safe and secure.

(28) Extreme care shall be taken when tilting loads. Tilting forward with the load engaging means elevated shall be prohibited except when picking up a load. Elevated loads shall not be tilted forward except when the load is being deposited onto a storage rack or equivalent. When stacking or tiering, backward tilt shall be limited to that necessary to stabilize the load.

(29) The load engaging device shall be placed in such a manner that the load will be securely held or supported.

(30) Special precautions shall be taken in the securing and handling of loads by trucks equipped with attachments, and during the operation of these trucks after the loads have been removed.

(31) When powered industrial trucks are used to open and close doors, the following provisions shall be complied with:

(A) A device specifically designed for opening or closing doors shall be attached to the truck.

(B) The force applied by the device to the door shall be applied parallel to the direction of travel of the door.

(D) The truck operator and other employees shall be clear of the area where the door might fall while being opened.

(32) If loads are lifted by two or more trucks working in unison, the total weight of the load shall not exceed the combined rated lifting capacity of all trucks involved.

(33) When provided by the industrial truck manufacturer, an operator restraint system such as a seat belt shall be used.

(u) The use, care and maintenance of slings used in lifting suspended loads with forklifts shall comply with the requirements of Article 101 of these orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of section title and subsection (a) filed 9-7-78; effective thirtieth day thereafter (Register 78, No. 36). For prior history, see Register 78, No. 30.

2. Amendment of subsection (q) filed 10-2-78 as an emergency; effective upon filing (Register 78, No. 40).

3. Certificate of Compliance filed 12-21-78 (Register 79, No. 1).

4. Amendment of subsection (q), new subsection (r), and repealer of Brake Handle Figure filed 3-20-79; effective thirtieth day thereafter (Register 79, No. 12).

5. New subsections (s)-(v) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

6. Amendment filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

7. Amendment of subsection (a), new subsection (c) and relettering of subsections (d)-(t) to subsections (d)-(u) filed 7-18-91; operative 8-19-91 (Register 91, No. 47).

8. Change without regulatory effect amending section filed 9-30-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 2).

9. Amendment of subsection (g) and new subsection (g)(1) filed 7-21-93; operative 8-20-93 (Register 93, No. 30).

10. Amendment of subsection (a), repealer of subsection (b), subsection relettering, and amendment of newly designated subsection (g) filed 5-27-98; operative 6-26-98 (Register 98, No. 22).

11. Amendment of subsection (a), redesignation of former subsection (b) as subsection (b)(1) and amendment thereof, new subsection (b)(2) and amendment of subsection (d) filed 3-1-99; operative 3-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 10).

12. Amendment of section, including redesignation of former section 3664(a)(1)-(32) to section 3650(s)(1)-(32), filed 5-28-2002; operative 6-27-2002 (Register 2002, No. 22).

13. New subsection (c), subsection relettering and amendment of newly designated subsection (g) filed 11-2-2006; operative 12-2-2006 (Register 2006, No. 44).

14. Amendment of subsection (t)(23) filed 12-31-2007; operative 1-30-2008 (Register 2008, No. 1).

15. New subsection (a), subsection relettering, amendment of newly designated subsections (b)(1)-(3) and new subsection (t)(33) filed 2-13-2009; operative 3-15-2009 (Register 2009, No. 7).

16. Amendment of subsection (t)(23) filed 10-28-2009; operative 11-27-2009 (Register 2009, No. 44).

17. Editorial correction of subsection (a) (Register 2011, No. 8).

18. New subsection (u) filed 10-23-2012; operative 11-22-2012 (Register 2012, No. 43).

§3651. Agricultural and Industrial Tractors.

Note • History

(a) All agricultural and industrial tractors manufactured after October 25, 1976 (except industrial tow tractors), shall be equipped with rollover protective structures (ROPS) when operated by an employee.

Exceptions:

1. “Low profile” tractors while used in orchards, vineyards, or hop yards or inside a farm building or greenhouse in which the vertical clearance is insufficient to allow a ROPS equipped tractor to operate, and while their use is incidental to the work performed therein.

2. Tractors while used with mounted equipment that is incompatible with ROPS (e.g. cornpickers, cotton strippers, vegetable pickers and fruit harvesters).

3. Tractors, when operated as stationary power and pumping units, and while their use is incidental to such stationary operations.

Note 1: The terms “incidental to the work” or “incidental to,” used in the exceptions above, shall mean the necessary additional work required to perform or complete the intended work within the exempted work area (such as, fueling, repairing, maintenance, travel to and from the exempted work area, etc.).

Note 2: Requirements for ROPS on tractors that are designed and used for the purpose of mowing lawns and that are manufactured in conformance with the ANSI B71.1 and B71.4 power lawn mower national consensus standards are provided in Section 3563 “Power Lawn Mowers.”

(b) Where a recognized hazard exists, operator protection from falling or rolling objects shall be provided by either ROPS or other independent means compatible with the use of ROPS.

(c) ROPS used on wheel-type agricultural tractors shall meet the applicable test and performance requirements of ASAE S310.3 and S383. ROPS used on track-type agricultural tractors and all industrial tractors shall meet the test and performance requirements of SAE J1040.

Exceptions:

1. ROPS bearing a label with a California State Approval Number and installed on the specified tractor for which the approval was granted. Approvals issued prior to the effective date of these orders shall remain in effect unless revoked by the Division for cause.

2. ROPS designed by a registered professional civil, mechanical, or structural engineer based on appropriate ASAE Standards, SAE Recommended Practices or equivalent, which are substantiated by detailed structural analysis calculations.

3. ROPS bearing a label specifying compliance with Federal OSHA Section 1928.51 or 1926.1000.

4. ROPS designed and tested to the requirements of ASAE S305.3, ASAE S306.3, ASAE S336.1, SAE J168a, SAE J333b or SAE J334b or SAE 1194 and installed prior to the effective date of these orders.

(d) Each ROPS shall bear a label with the following information:

(1) Manufacturer's or fabricator's name and address;

(2) ROPS model number, if any;

(3) Tractor makes, models, or series numbers that the structure is designed to fit;

(4) A statement of compliance with the appropriate ASAE Standard or SAE Recommended Practice;

Labels shall be stamped plates or other permanently attached means of identification, and shall not be obscured, obliterated, or changed.

(e) All sharp edges and corners at the operator's station shall be appropriately treated to minimize operator injury in the event of upset.

(f) Batteries, fuel tanks, oil reservoirs, and coolant systems shall be constructed and located or sealed to assure that spillage will not occur which might be harmful to the operator in the event of an upset.

(g) Where ROPS are removed for any reason, they shall be remounted in accordance with the provisions of Section 3651.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 12-3-75; effective thirtieth day thereafter (Register 75, No. 49).

2. Amendment of subsection (a) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

3. Amendment of subsection (c) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

4. Amendment of subsection (c) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

5. Amendment of subsection (a) and Note filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).

6. Amendment of subsection (a) filed 8-3-2010; operative 9-2-2010 (Register 2010, No. 32).

§3652. Haulage Vehicles and Earthmoving Equipment. [Renumbered]

History

HISTORY

1. Renumbering of Section 3652 to Section 3666 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

§3653. Seat Belts.

Note • History

(a) Seat belt assemblies shall be provided and used on all equipment where rollover protection is installed and employees shall be instructed in their use. Seat belt assemblies installed after June 26, 1998, shall be labeled as meeting the design requirements of SAE J386 JUN93, Operator Restraint System For Off-Road Work Machines. Seat belt assemblies installed on or before June 26, 1998, shall be labeled as meeting either the design requirements of the SAE standard indicated above or the SAE J386 JUN85 standard.

(b) Where a suspended seat is used, the seat belt shall be fastened to the movable portion of the seat to accommodate ride motion of the operator.

(c) The seat belt anchorage shall be capable of withstanding a static tensile load of 1,000 pounds (453.6 kg) at 45 degrees to the horizontal equally divided between the anchorage. The seat mounting shall be capable of withstanding this load plus a load equal to 4 times the weight of all applicable seat components applied 45 degrees to the horizontal in a forward and upward direction. In addition, the seat mounting shall be capable of withstanding 500 pounds (226.8 kg) belt load plus 2 times the weight of all applicable seat components both applied at 45 degrees to the horizontal in an upward and rearward direction. Floor and seat deformation is acceptable providing there is no structural failure or release of the seat adjuster mechanism or other locking device. The seat adjuster or locking device need not be operable after application of the test load.

(d) The webbing material shall have a resistance to acids, alkalies, mildew, aging, moisture, and sunlight equal to or better than that of untreated polyester fiber.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment filed 12-3-75; effective thirtieth day thereafter (Register 75, No. 49).

3. Amendment of subsection (a) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

4. New NOTE filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

5. Amendment of subsection (a) filed 3-24-92; operative 4-23-92 (Register 92, No. 13).

6. Amendment of subsection (a) filed 5-27-98; operative 6-26-98 (Register 98, No. 22).

7. Amendment of subsection (a) filed 2-13-2009; operative 3-15-2009 (Register 2009, No. 7).

§3654. Deflector Guards.

Note • History

(a) Where vehicles are equipped with rollover protective structures and are subjected to the hazard of falling trees, brush, or the breaking of tow lines or winch cables, provision shall be made to protect against such hazards by means of:

(1) Shear or brush deflector guards extending from the leading edge of the ROPS to the front part of the frame of the vehicle or radiator guard or equivalent operator protection.

(2) Breaking line guards consisting of adequately supported 1/4-inch woven wire screens having not less than 1 1/2 inch nor more than 2-inch mesh (or equivalent) shall be located between the lines and the operator.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. New NOTE filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3655. Overhead Guards for High-Lift Rider Trucks.

Note • History

(a) Except as permitted in Section 3655(b), high-lift rider industrial trucks shall be equipped with overhead guards which are approved as defined in Section 3206 of the General Industry Safety Orders.

(b) Every high-lift rider truck shall be fitted with an overhead guard manufactured in accordance with this section unless the following conditions are met:

(1) The vertical movement of the lifting mechanism is restricted to a maximum elevation of 72”, or the truck will operate in an area where the bottom of the top tiered load is not higher than 72” and the top is not more than 120” from the ground when tiered; and

(2) The operator is protected from all overhead hazards other than falling loads.

(c) Except as permitted in Sections 3655 (b) and (d), all high-lift rider industrial trucks purchased before the effective date of these orders, shall have overhead guards of strength adequate to support impact test loads as specified in Part II, ANSI B56.1-1975.

(d) Structural members of individually designed and constructed overhead guards installed on equipment prior to 1975 and not tested as required by Part II, ANSI B56.1-1975, shall be constructed in accordance with the following table or with materials of equivalent strength:

TABLE IT-2

Round Pipe Square Tube (CRS)

Rated Truck (X (XX (3/16” (1/4”

Capacity (Std.) heavy) heavy) wall) wall)

3,000 and Under 1 1/2” 1 1/4” -- 1 1/4” --

3,001 to 5,000 2” 1 1/2” -- 1 1/2” --

5,001 to 8,000 2 1/2” 2” 1 1/2” 2”

8,001 to 14,000 3” 2 1/2” 2” 3” 2 1/2”

14,001 to 25,000 -- 3 1/2” 3” 3 1/2” 3”

25,001 and over -- 4” -- 4” 3 1/2”

The construction of canopy guards which are built in compliance with this paragraph shall be based on the strength of 4 upright members. Guards constructed with less than 4 upright members shall be of equivalent strength. Canopy-type overhead guard frames shall be braced to overhead members on each side of the frame to provide structural rigidity both longitudinally and transversely.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

3. Amendment of subsections (a) and (b)(1) filed 5-27-98; operative 6-26-98 (Register 98, No. 22).

Plate IT-1

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Plate 1 and new Plate IT-1 filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Repealer filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3656. Order Pickers and Stock Pickers.

Note • History

(a) When the operator's platform height exceeds 36”, the maximum horizontal speed shall not exceed 2.5 miles/hr. (1.12 meters/sec).

(b) Trucks shall not travel when the operator's platform is elevated over 152” in height (3.86 meters).

Exceptions:

Trucks designed to travel within rails or trucks that are electronically guided.

Trucks controlled by a constant pressure inching button which will return to neutral when released by the operator.

(c) A flashing or rotating warning light shall be mounted on the nonelevating portion of the truck at not less than 4 feet nor more than 6 feet elevation and shall be so wired that the light will be activated automatically when the platform is 6 feet or higher and the truck is moved.

(d) A safe work platform not less than 20 inches wide with standard guardrails on all open or exposed sides of the platform shall be securely attached to the lifting carriage and/or forks.

(e) Where a clearance restriction or the nature of the work prohibits the use of standard guardrails, and the employee is exposed to a fall of 4 feet or more, a personal fall arrest system, a personal fall restraint system or positioning device system as defined in Section 3207 of these Orders shall be used in accordance with the requirements of Section 1670 of the Construction Safety Orders as an alternative means of protecting employees from falling. The lanyard length for a personal fall arrest system shall be such that the operator has freedom of movement in the working area, but shall be rigged such that an employee can neither free fall more than 4 feet nor contact any lower level. Lanyards shall be so arranged as not to cause a condition where the operator could trip on the lanyard.

(f) Where only stock pickers, order pickers or side loaders are used in storage access aisles (as defined in section 3207), means such as guide rails, electronic guidance systems, or other means offering equivalent protection, shall be provided to prevent the vehicle from colliding with the storage racks or stored material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (b) and new subsections (d) and (e) filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment of subsection (d), repealer and new subsection (e) and new subsection (f) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

3. Amendment of subsections (a), (b), (e) and (f) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

4. Editorial correction of subsection (a) (Register 91, No. 31).

5. Amendment of subsection (f) filed 6-13-91; operative 7-13-91 (Register 91, No. 46).

6. Amendment of subsection (e) filed 10-2-2000; operative 11-1-2000 (Register 2000, No. 40).

§3657. Elevating Employees with Lift Trucks.

Note • History

(a) Scope and application. Where a lift truck is used to elevate personnel, the operation shall comply with subsections (a) through (j) of this standard. Where a variable reach (boom type) rough terrain lift truck is used to elevate personnel, the operation shall comply with subsection (k), in addition to subsections (a) through (j). This section is not intended to preclude the application of other sections of Article 25, including, but not necessarily limited to, sections 3650, 3664 and 3668.

(b) A work platform shall be used in accordance with the following conditions:

(1) The platform shall be of sufficient size to accommodate the personnel and material being elevated but not less than 2 feet by 2 feet.

(2) Where the platform is not attached to the boom, the base of the platform shall be secured to the forks or the base of the fork carriage to prevent tipping, slipping or falling.

(3) The platform shall meet the guardrail and toeboard requirements of section 3210.

Exception: Guardrails need not be provided where a clearance restriction or the nature of the work prohibits the use of guardrails, provided that a safety belt with lanyard, or harness with lanyard is used in accordance with section 3656(e).

(4) The platform floor shall have no spaces or holes greater than one inch.

(5) The platform floor shall have a slip resistant surface.

(c) Lift trucks used to elevate personnel shall be equipped with a means to prevent the raised platform from lowering at a rate in excess of 135 feet per minute in case of a failure in the load supporting hydraulic control circuits.

(d) Where the truck is operated under conditions which expose the operator to danger from falling objects, the truck shall be equipped with overhead protection.

(e) There shall be an operator in the control position on the truck while employees are on the elevated platform.

(f) When a truck is equipped with vertical only, or vertical and horizontal controls that elevate with the lifting carriage or forks (upper controls), means shall be provided whereby personnel on the platform can shut off the motive power of the truck.

(g) Means shall be provided to render inoperative all operating controls other than those on the elevating platform when the controls on the elevating platform have been selected for use. Only one location of controls shall be capable of being operated at one time.

(h) All bridge cranes and other moving or motorized equipment which could overrun or otherwise injure the elevated worker shall be shut down or locked out.

(i) Personnel shall not sit, climb or stand on the platform guardrails or use planks, ladders or other devices to gain elevation.

(j) When elevating personnel, the lift truck operator shall:

(1) Use a securely attached safety work platform.

(2) Make sure the lifting mechanism is operating smoothly.

(3) Make sure that the mast is vertical if the lift truck is equipped with a mast. The mast shall not be tilted forward or rearward while persons are elevated.

(4) Place the truck in neutral and set the parking brake when the truck is stationery.

(5) Lift and lower personnel smoothly and with caution.

(6) Make sure the path of the work platform travel is clear of hazards such as projections, overhead obstructions, and electrical wires.

(7) Never travel with personnel on the work platform other than to make minor movements for final positioning of the platform.

Exception: Minor movement of a variable reach (boom type) rough-terrain lift truck is permitted for construction operations when positioning the platform along a straight line where the path of movement is free from excavations, holes, obstructions and debris.

(k) Where a variable reach (boom type) rough-terrain lift truck is used to elevate personnel, the operation shall comply with the following conditions, in addition to the requirements of subsections (a) through (j) of this section:

(1) If the lift truck is provided with a load chart for elevating personnel, the work platform shall be loaded and positioned within the limitations on the load chart.

(2) If the lift truck is not provided with a load chart for elevating personnel, the combined weight of the work platform, load, and personnel shall not exceed one third of the rated capacity of the rough-terrain lift truck at the load center position as indicated on the load chart for regular loads.

(3) The rough-terrain lift truck shall be placed on firm footing. When used, outriggers or stabilizers shall be placed on a solid surface. If necessary, pads or cribbing shall be used to provide a firm footing.

(4) Each person on a work platform supported by a variable reach rough-terrain lift truck shall use a personal fall restraint system or positioning device system as defined in section 3207 of these Orders, those systems shall be used in accordance with the requirements of Section 1670 of the Construction Safety Orders.

(A) A lanyard shall be attached to each person's harness or safety belt and to an anchorage provided on the work platform.

(B) Anchorages shall be capable of supporting the greater of 3000 pounds or twice the intended load. Each person's lanyard shall be attached to an approved anchorage point.

(C) For positioning device systems, the combination of anchorage location and lanyard length shall be arranged so that workers cannot fall more than two feet from the work platform.

(D) For personal fall restraint systems, the combination of anchorage location and lanyard length shall be arranged to allow the movement of employees only as far as the sides of the work platform.

(5) When elevating personnel with a variable reach rough-terrain lift truck, the operator shall:

(A) Maintain the platform at level throughout the personnel lifting operation.

(B) Alert elevated personnel before moving the platform, then move the platform smoothly and with caution.

Exception: Minor movement of the lift truck is permitted for construction operations when positioning the work platform along a straight line where the path of movement is free from excavations, holes, obstructions and debris.

(D) Level the lift truck before elevating personnel when operating on a side slope.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment of subsection (a) and repealer and new subsection (b) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

3. Amendment of subsection (h)(3) filed 12-26-80; effective thirtieth day thereafter (Register 80, No. 52).

4. Amendment of subsection (h)(3) filed 4-29-81; effective thirtieth day thereafter (Register 81, No. 18).

5. Amendment of subsections (a), (g) and (h) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

6. Amendment of subsection (a) filed 11-26-90; operative 12-26-90 (Register 91, No. 4).

7. Editorial correction of HISTORY 6 correcting date to 11-26-90 (Register 91, No. 23).

8. Editorial correction of History 6 (Register 95, No. 24).

9. Amendment of subsection (a), new subsection (h), subsection relettering and new subsection (i)(9) filed 8-27-2004; operative 9-26-2004 (Register 2004, No. 35).

10. Amendment filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).

§3658. Operator Platforms.

Note • History

(a) Every end control, reach, narrow aisle and motorized hand/rider truck shall be equipped with an operator platform of sufficient size to contain the operator's feet within its periphery and strong enough to withstand a compression load equal to the weight of the loaded truck applied longitudinally against a flat vertical surface.

(b) When installed, operator enclosures shall not restrict movement to and from the operating position.

Note: Operator enclosures are not recommended on hand/rider trucks because of interference with the steering handle and with rapid and unobstructed egress.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30). For history of former section see Register 75, No. 7.

2. Amendment of subsection (b) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3659. Back Guards.

Note • History

(a) The side of the platform nearest the mast frame truss shall be guarded on every high-lift industrial truck where employees ride up or down. This guard shall consist of a substantial frame covered with 1/2 inch expanded metal, laminated safety glass, or equivalent providing effective guarding to a height of 7 feet.

(b) If the type of load presents a hazard, high-lift industrial trucks shall be equipped with a load backrest extension high enough to reach above the center of the top row of the maximum height load handled or other positive means acceptable to the Division shall be used to prevent parts of the load falling onto the operator or into the operator's compartment. The openings shall not be greater than the smallest parcel carried.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Amendment of NOTE filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3660. Rated Capacity.

Note • History

(a) The rated capacity of all industrial lift trucks and industrial tractors shall be displayed at all times on the vehicle in such a manner that it is readily visible to the operator.

(b) Industrial lift trucks and industrial tractors equipped with forks shall not be loaded beyond their designated capacity.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3661. Brakes and Warning Devices.

Note • History

(a) Every industrial truck and tractor shall be equipped with brakes or other effective devices adequate to bring the vehicle to a complete safe stop while fully loaded.

(b) Every industrial truck and tractor shall be equipped with a parking brake or other effective device to prevent the vehicle moving when unattended.

(c) Every industrial truck and industrial tow tractor, except those guided or controlled by a walking operator, shall be equipped with a warning horn, whistle, gong, or other device which can be heard clearly above the normal industrial noises in the places of employment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3662. Internal Combustion Engines.

Note • History

Internal combustion engine-driven equipment shall be operated inside of buildings or enclosed structures, only when such operation does not result in harmful exposure to concentrations of dangerous gases or fumes. (See Section 5146.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3663. Maintenance of Industrial Trucks.

Note • History

(a) Industrial truck repair operations involving open flames or which may produce sparks or other sources of ignition shall not be performed in Class I, II and III locations, unless and until tests show that atmospheric concentrations of flammable or combustible vapors do not exceed 20 percent L.E.L. of such flammable or combustible materials and until precautions are taken to maintain the atmosphere at or below 20 percent L.E.L. Such precautions could include, but not be limited to removal of flammable material, provision for adequate ventilation, etc.

(b) Water mufflers shall be filled daily or as frequently as is necessary to prevent depletion of the supply of water below 75 percent of the filled capacity. Vehicles with mufflers having screens or other parts that may become clogged shall not be operated while such screens or parts are clogged. Any vehicle that emits hazardous sparks or flames from the exhaust system shall immediately be removed from service, and not returned to service until the cause for the emission of such sparks and flames has been eliminated.

(d) Batteries on all powered trucks shall be disconnected during repairs to the primary electrical system unless power is necessary for testing and repair. On trucks equipped with systems capable of storing residual energy, that energy shall be safely discharged before work on the primary electrical system begins.

(e) All replacement parts for industrial trucks shall be equivalent in safety to the original parts.

(f) Those repairs to the fuel and ignition systems of industrial trucks which involve fire hazards shall be conducted only in locations designated as safe for such repairs.

(g) Industrial trucks shall not be altered so that the relative positions of the various parts are different from what they were when originally received from the manufacturer, nor shall they be altered either by the addition of extra parts not provided by the manufacturer or by the elimination of any parts, except as provided in subsection (h) of this Section. Additional counterweighting of fork trucks shall not be done unless approved by the truck manufacturer.

(h) Industrial trucks originally approved for the use of gasoline for fuel may be converted to liquefied petroleum gas fuel provided the complete conversion results in a truck which embodies the features specified for LP or LPG designated trucks. Such conversion equipment shall be approved.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 3668, and renumbering of former Section 3663 to Section 3665 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30). For prior history see Register 75, No. 7.

2. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

3. Amendment filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

4. Amendment of subsection (e) and new subsections (g)-(h) filed 10-30-2003; operative 11-29-2003 (Register 2003, No. 44).

§3664. Operating Rules.

Note • History

(a) Every employer using industrial trucks or industrial tow tractors shall post and enforce a set of operating rules including the appropriate rules listed in Section 3650(t).

(b) Every employee who operates an agricultural or industrial tractor shall be instructed in the following procedures and in any other practices dictated by the work environment. Such information shall be provided at the time of initial assignment and at least annually thereafter. Copies of these instructions, printed in a language understood by the majority of the employees, shall be conspicuously posted at a place frequented by the drivers.

EMPLOYEE OPERATING INSTRUCTIONS

1. Securely fasten your seat belt if the tractor has a ROPS.

2. Where possible, avoid operating the tractor near ditches, embankments, and holes.

3. Reduce speed when turning, crossing slopes, and on rough, slick, or muddy surfaces.

4. Stay off slopes too steep for safe operation.

5. Watch where you are going, especially at row ends, on roads, and around trees.

6. Do not permit others to ride.

7. Operate the tractor smoothly--no jerky turns, starts, or stops.

8. Hitch only to the drawbar and hitch points recommended by tractor manufacturers.

9. When tractor is stopped, set brakes securely and use park lock if available.

(c) Every employee who operates an agricultural or industrial tractor shall be required to check the tractor prior to operation each day and if it is unsafe report the matter immediately to a foreman or mechanic and shall not use the tractor again until it has been made safe.

(d) Employees shall be prohibited from stunt driving or horseplay while operating an agricultural or industrial tractor.

(e) No repairs shall be performed on any agricultural or industrial trucks or tractors until arrangements have been made to reduce the probability of injury to repairmen or others caused by sudden movement or operation of such equipment or its parts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment and renumbering from Section 3669, and renumbering of former Section 3664 to Section 3337, filed 7-26-77; effective thirtieth day thereafter (Register 78, No. 30). For history of former section see Register 75, No. 49.

2. Amendment of subsection (a)(16) filed 8-9-79; effective thirtieth day thereafter (Register 79, No. 32).

3. New subsection (e) filed 12-26-80; effective thirtieth day thereafter (Register 80, No. 52).

4. Amendment of subsection (a)(22) filed 5-26-82; effective thirtieth day thereafter (Register 82, No. 22).

5. New subsection (a)(31) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

6. Amendment filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

7. Amendment of subsections (a)(7), (a)(14)(A) and (a)(17) filed 9-25-96 as an emergency; operative 10-25-96 (Register 96, No. 39).

8. Amendment of subsection (a) and redesignation of former section 3664(a)(1)-(32) to section 3650(s)(1)-(32) filed 5-28-2002; operative 6-27-2002 (Register 2002, No. 22).

9. Change without regulatory effect amending subsection (a) filed 3-29-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 13).

Embedded Graphic 08.0404

Embedded Graphic 08.0405

Embedded Graphic 08.0406

Embedded Graphic 08.0407

Note: Authority cited: Section 142.3, Labor Code. Reference: Seciton 142.3. Labor Code.

HISTORY

1. New Figures IT-2 through IT-10 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

2. Amendment of Figure IT-3 filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

3. Change without regulatory effect providing more legible illustrations for Figures IT-2 through IT-10 filed 2-18-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 8).

§3665. Wheel Guards.

Note • History

Shop transfer cars, equipment carriages, stock pickers, and similar equipment operating on rails or drawn by chains or cables shall be equipped with wheel guards or bumpers constructed and installed for the purpose of preventing a person's feet being crushed under the wheels. When the body or bed of trucks, carriages, or cars of this type extends over the wheels to the sides and both ends such a distance as will prevent a person's feet being crushed, said equipment shall be considered to be in compliance with this Order.

Note: This Order does not apply to cars used in trains.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 3663 and renumbering of former Section 3665 to Section 3338, filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30). For history of former section see Register 75, No. 7.

2. New NOTE filed 4-30-85; effective thirtieth day thereafter (Register 85, No. 18).

§3666. Haulage Vehicles and Earthmoving Equipment.

Note • History

(a) After June 7, 1972 haulage vehicles and earthmoving equipment such as scrapers, crawler tractors, bulldozers, front-end loaders, motor graders, and similar equipment shall comply with Article 10, Haulage and Earthmoving, of the Construction Safety Orders.

(b) Bulk Cargo-Moving Vehicles.

(1) Where a seated operator may come into contact with projecting overheads, crawler-type bulk-cargo-moving vehicles that are rider operated shall be equipped with operator's guards.

(2) Guards and their attachment points shall be so designed as to be able to withstand, without excessive deflection, a load applied horizontally at the operator's shoulder level equal to the drawbar pull of the machine.

(1) Trailer-spotting tractors (fifth wheels) shall be fitted with any hand grabs and footing necessary for safe access to the fifth wheel.

(2) Rear cab windows shall be of safety glass or of equivalent material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from Section 3652, and renumbering of former Section 3666 to Section 3339, filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30). For history of former section see Register 75, No. 7.

2. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

§3668. Powered Industrial Truck Operator Training.

Note • History

(a) Safe Operation.

(1) The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this section.

(2) Prior to permitting an employee to operate a powered industrial truck (except for training purposes), the employer shall ensure that each operator has successfully completed the training required by this section, except as permitted in subsection (e).

(b) Training program implementation. Trainees may operate a powered industrial truck only:

(1) Under the direct supervision of persons who have the knowledge, training and experience to train operators and evaluate their competence; and

(2) Where such operation does not endanger the trainee or other employees.

(3) Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee) and evaluation of the operator's performance in the workplace.

(4) All operator training and evaluation shall be conducted by persons who have the knowledge, training and experience to train powered industrial truck operators and evaluate their competence.

(c) Training program content. Powered industrial truck operators shall receive initial training in the following topics, except in topics which the employer can demonstrate are not applicable to the safe operation of the truck in the employer's workplace.

(1) Truck-related topics:

(A) Operating instructions, warnings, and precautions for the types of truck the operator will be authorized to operate;

(B) Differences between the truck and the automobile;

(D) Engine or motor operation;

(E) Steering and maneuvering;

(F) Visibility (including restrictions due to loading);

(G) Fork and attachment adaptation, operation, and use limitations;

(H) Vehicle capacity;

(I) Vehicle stability;

(J) Any vehicle inspection and maintenance that the operator will be required to perform;

(K) Refueling and/or charging and recharging of batteries;

(L) Operating limitations;

(M) Any other operating instructions, warnings, or precautions listed in the operator's manual for the types of vehicle that the employee is being trained to operate.

(2) Workplace-related topics:

(A) Surface conditions where the vehicle will be operated;

(B) Composition of loads to be carried and load stability;

(D) Pedestrian traffic in areas where the vehicle will be operated;

(E) Narrow aisles and other restricted places where the vehicle will be operated;

(F) Hazardous (classified) locations where the vehicle will be operated;

(G) Ramps and other sloped surfaces that could affect the vehicle's stability;

(H) Closed environments and other areas where insufficient ventilation or poor vehicle maintenance could cause a build-up of carbon monoxide or diesel exhaust;

(I) Other unique or potentially hazardous conditions in the workplace that could affect safe operation.

(d) Refresher training and evaluation. Refresher training, including an evaluation of the effectiveness of that training, shall be conducted as required by subsection (d)(1) to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely.

(1) Refresher training in relevant topics shall be provided to the operator when:

(A) The operator has been observed to operate the vehicle in an unsafe manner;

(B) The operator has been involved in an accident or near-miss incident;

(D) The operator is assigned to drive a different type of truck; or

(E) A condition in the workplace changes in a manner that could affect safe operation of the truck.

(2) An evaluation of each powered industrial truck operator's performance shall be conducted at least once every three years.

(e) Avoidance of duplicative training. If an operator has previously received training in a topic specified in subsection (c) of this section, and such training is appropriate to the truck and working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the truck safely.

(f) Certification. The employer shall certify that each operator has been trained and evaluated as required by this section. The certification shall include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.

(g) Dates. The employer shall ensure that operators of powered industrial trucks are trained, as appropriate, in accordance with the following dates:

(1) If the employee was hired before July 15, 2000, the initial training and evaluation of that employee must be completed by July 15, 2000;

(2) If the employee was hired after July 15, 2000, the initial training and evaluation of that employee must be completed before the employee is assigned to operate a powered industrial truck.

Exception: Agricultural operations as defined in Section 3437 of the General Industry Safety Orders are exempt from the requirements of Section 3668.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 8-23-99; operative 7-15-2000. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 99, No. 35). For prior history see Register 78, No. 30.

2. Change without regulatory effect amending subsections (a)(1) and (a)(2) filed 3-28-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 13).

§3669. Operating Rules. [Renumbered]

History

HISTORY

1. Renumbering from Section 3659 and amendments filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. New subsection (b) filed 12-5-75; effective thirtieth day thereafter (Register 75, No. 49).

3. Amendment and renumbering of Section 3669 to Section 3664 filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).

Article 26. Vehicle Mounted Elevating and Rotating Work Platforms [Repealed]

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New Article 26 (Sections 3685-3689) filed 8-1-74; effective thirtieth day thereafter (Register 74, No. 31).

2. Repealer of Article 26 (Sections 3685-3692) filed 10-12-84; effective thirtieth day thereafter (Register 84, No. 41). For prior history, see Registers 80, No. 10; 79, No. 1; 75, No. 46; 75, No. 20 and 75, No. 14.

Article 27. Transportation of Employees and Materials

§3700. Definitions.

Note • History

Primarily. The motor vehicle is assigned to transport employees to and from the working site on a uniform or specified schedule.

Bus (Conventional Type). Any motor vehicle (except those of the pleasure car type) designed, constructed, and used for the transportation of employees in which the driver and the employees sit in the same enclosure.

Bus (Truck-crew Type). Any motor vehicle designed, constructed, and used for the transportation of employees in which the driver's cab is separated from the passenger compartment.

Farm Labor Vehicle. Any motor vehicle designed, used, or maintained for the transportation of the driver and nine or more farm workers to or from a place of employment or employment-related activities.

Exception: (1) any vehicle carrying only members of the owner's or driver's immediate family, (2) any vehicle while being operated under specific authority granted by the Public Utilities Commission or under specific authority granted to a transit system by an authorized city or county agency, (3) any flat-bed truck, pickup, or dump truck operated in accordance with Section 3702(r).

Motor Vehicles. Motor cars, buses, trucks, and car/or truck trailer combinations.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

2. New definition of ``Farm Labor Vehicle” filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25).

§3701. Licensing of Drivers.

Note • History

(a) Only persons who possess a valid school bus drivers certificate or the appropriate class drivers license and a certificate issued by the Department of Motor Vehicles to permit the operation of farm labor vehicles shall operate a farm labor truck or farm labor bus.

(b) No person shall be required or permitted to operate any motor vehicle while used for the transportation of employees unless they hold a valid operator's license.

NOTE

Authority and reference cited: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 10-5-77; effective thirtieth day thereafter (Register 77, No. 41).

2. Amendment of subsection (b), and new subsection (c) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3702. Transporting Employees.

Note • History

(a) Trucks and buses used primarily or regularly for the transportation of employees shall meet the following requirements:

(1) be constructed or accommodated for that purpose,

(2) be equipped with seats adequately secured in place, and

(3) have at least a 46 inch high rail or enclosure on the sides and back of the vehicle to prevent falls from the vehicle.

(b) On every motor vehicle used for the transportation of employees the lamps, brakes, horn, mirrors, windshields, turn signals, and other equipment affecting the safety of passengers shall be kept in good repair.

(c) Every motor vehicle used primarily for the transportation of employees shall be equipped with handholds, adequate steps, stirrups, or other similar devices so placed and arranged that the employees can safely mount or dismount the vehicle.

(d) On every bus (truck-type) used primarily for the transportation of workers, seats with backrests shall be provided with a minimum of 18 inches of seat space for each passenger. Where seating is face to face, the aisle between the seats facing each other shall be 24 inches wide at the narrowest point. Seats shall be:

(1) Not less than 15 inches or more than 19 inches above the floor;

(2) At least 10 inches deep;

(3) Equipped with backrests extending to a height of at least 36 inches above the floor.

(e) Vehicles when being used for the transportation of employees shall not carry explosives, injurious pesticides, or substances with a flashpoint of below 150 degrees Fahrenheit, as determined by the Tagliabue open cup method, unless such substances are carried in properly designed safe containers outside the driver or occupied passenger compartments.

(f) Every truck or bus primarily used for the transportation of employees shall be equipped with 3 approved reflector flares for use in the event of an emergency or breakdown.

(g) Every truck or bus primarily used for the transportation of employees shall be equipped with an approved fully charged and operable fire extinguisher. An Underwriters'-Laboratory-approved dry-chemical extinguisher of not less than 4 pounds or other extinguisher with not less than 4B:C rating shall be deemed to meet the minimum requirements. Drivers shall be advised of the location and type of extinguisher used and instructed in its operation.

(h) Farm Labor Vehicles shall be equipped at each passenger position with a Type 1 or Type 2 seatbelt assembly, conforming to the specifications set forth in Section 571.209 of Title 49 of the Code of Federal Regulations, which is hereby incorporated by reference. Each seatbelt assembly shall be anchored to the vehicle in a manner that conforms to the specifications set forth in Section 571.210 of Title 49 of the Code of Federal Regulations, which is hereby incorporated by reference. The driver and each passenger shall be properly restrained while the vehicle is operated.

(i) Vehicles used primarily for the transportation of employees in which the driver and passenger compartments are separate shall be provided with a means by which the passengers can readily communicate with the driver. Such a system may include buzzers, speaker horns, or other means.

(j) The passenger carrying capacity of trucks and buses primarily used to transport employees shall be conspicuously marked on the outside of the vehicle near the door or entrance. Employers shall not allow the number of passengers to exceed the posted limit.

(k) Sharp edged tools shall not be carried in the passenger compartment of trucks and buses primarily used for the transportation of workers unless properly sheathed or placed in covered boxes or containers, and all other tools, equipment, or other materials carried in the passenger compartment of such vehicles shall be secured to the body of the vehicle. In no event shall they be carried in the aisles.

(l) The exhaust system of every vehicle shall extend beyond the rear or side of the body, and shall terminate in such manner that the exhaust gases shall not enter the passenger compartment.

(m) The interior of the passenger carrying space shall be kept in good condition and free of inwardly protruding nails, screws, splinters, or other objects likely to be hazardous to passengers. All steps, stirrups, seats, handholds, doors, and other accessories shall be kept in good repair. Broken glass shall be removed and replacement glass shall be of the safety type.

(n) All conventional buses or crew trucks having an enclosed seating capacity of seven or more employees shall be provided with an emergency exit remotely located from the normal means of entrance.

Note: Enclosed means equipped with side enclosures over 50 inches high, or where clearance between the upper edge of the side enclosures and the top is less than 30 inches, or where vertical roof supports are spaced less than 30 inches apart.

(o) All emergency exits required by (n) shall conform to the following minimum specifications:

(1) Exit doors shall be capable of being opened outward from both the interior and exterior of the vehicle.

(2) Side emergency single-panel doors shall not be hinged on the rear edge.

(3) The exit doors shall be equipped with positive-locking devices to keep them closed, but of a type which can be readily opened in an emergency.

(4) No obstruction shall be placed over the handle of an emergency door other than a clear-plastic-type cover.

(5) All interior emergency exit controls shall be installed so that they may be operated by the passengers within the vehicle.

(6) A sign reading “Exit” shall be painted on the exterior and interior of the emergency exit. Such signs shall be made in English and in the language of the workers currently being transported.

(7) All emergency exit doors shall provide an unobstructed opening of not less than 7 square feet with a minimum width dimension of 24 inches.

(8) Rear emergency windows shall provide an unobstructed opening of not less than 16 inches by 54 inches. The windows shall be designed to insure against accidental closing in an emergency.

(9) No part of a seat shall be a part of or attached to an emergency door.

(10) Every passenger shall have ready access to at least one emergency exit. The aisle between the seats leading to an emergency exit shall provide a clear and unobstructed passageway of not less than 11 1/2 inches, and shall not be restricted by any post, wheelhousing, jump seats, or other obstruction.

(p) Regular entrance and exit doors to the passenger compartments, other than the driver's cab on trucks and buses, shall have an unobstructed opening not less than 24 inches wide and, where possible, 60 inches high.

(q) Where chains or cables are used in lieu of doors on regular means of entrance or exit, the chains or cables shall be securely attached on each side of the opening and be equipped with a quick-release mechanism.

(r) Employees shall not be transported in the back of flat-bed trucks, pickups, or dump trucks unless the following is complied with:

(1) The employees shall sit on the truck bed.

(2) Barriers or guardrails shall be erected around the perimeter of the truck bed to prevent employees from falling.

(3) Pickup tailgates shall be closed, or equivalent closure provided.

(4) Dump truck body shall have the body secured or the hoist lever locked, and tailgates shall be closed.

(5) Employees shall not ride on the top of side rails, top of cabs, running boards, fenders, the hood, or with their legs hanging over the end or sides.

Exception: A limit of two employees may be permitted to ride on beds of trucks that do not comply with (2), (3), and (4) above provided they stand or sit immediately behind the cab, holding on to suitable grabirons which are rigidly fastened to the truck.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a), (c), (d), (f)-(m), (p) and (q) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

2. Amendment of subsection (i) filed 4-22-98; operative 5-22-98 (Register 98, No. 17).

3. New subsection (h), subsection relettering and amendment of newly designated subsection (o) filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25).

§3703. Riding Loads.

Note • History

Employees shall not ride on top of loads that have not been secured to prevent shifting or tripping. Employees shall be seated if riding on a load.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3704. Securing Loads.

Note • History

All loads shall be secured against dangerous displacement either by proper piling or other securing means.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3705. Cab Protection.

Note • History

Trucks and truck tractors used to haul long steel structural members, poles, pipes, lumber, logs and similar materials shall be equipped with a barrier guard at the rear of the cab, designed, constructed and installed for the purpose of protecting the employees against being crushed by shifting loads.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3706. Truck Warning Device.

Note • History

(a) Every automotive truck of one-half ton or more capacity shall be equipped with a warning device which can be clearly heard for a distance of 200 feet from the vehicle.

(b) Automotive vehicles operating in areas where their backward movement would constitute a hazard to employees working in the area on foot, and where the operator's vision is obstructed to the rear of the vehicle, shall comply with Section 1592(b) of the Construction Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new subsection (b) filed 7-2-80; effective thirtieth day thereafter (Register 80, No. 27).

2. Amendment of subsection (b) filed 5-15-85; effective thirtieth day thereafter (Register 85, No. 20).

§3710. Helicopters.

Note • History

All helicopter operations, including but not limited to, repair, maintenance, motion picture production, sports and news coverage and agricultural operations shall comply with the requirements of Article 35 of the Construction Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 11-12-75; effective thirtieth day thereafter (Register 75, No. 46).

2. Amendment filed 2-1-85; effective thirtieth day thereafter (Register 85, No. 5).

Article 29. Industrial Railroads

§3730. Purpose.

Note • History

These orders set up minimum standards for industrial railroads in above-ground operations. Where it has been determined by the Division that, due to the process or operation, compliance with these orders would increase the hazards, industrial railroads need not comply provided such substandard areas are properly posted with warning signs, clearance distances indicated, areas barricaded, proper instructions given to employees or other safety devices installed to provide maximum protection to employees.

Nothing herein shall be construed as preventing the movement of material over tracks when such material is necessary in the construction or maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad, provided such movements shall be carried on under such conditions as are necessary to provide for the safety of all concerned.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3731. Definitions.

Note • History

(a) Industrial Railroad. A railway track, or system of tracks, with necessary appurtenances thereto, owned or controlled by an industrial concern not a common carrier as defined in Section 1 (l) of the Public Utilities Act over which operations are conducted solely by one or more of such industrial concerns. No orders in Article 29 apply to any track, or system of tracks, or to the necessary appurtenances thereto, which, though owned or controlled by such industrial concern, are under the jurisdiction of the Public Utilities Commission by reason of operation thereover by a common carrier.

Note: Public Utilities Commission General Order Number 26-D, effective December 3, 1981.

(b) Industrial Locomotive. An engine, motor or machine operated on railway tracks by an industrial concern which is not a common carrier. It may be propelled by any form of energy and used for yard service or to move trains or cars.

(d) Side of a Freight Car. That part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car.

(e) Width of a Freight Car. Twice the distance from the center line to the side of a car as defined herein.

(f) Overhead Clearance. The vertical distance from the level of the top of the highest rail to a structure or obstruction above.

(g) Side Clearance. The shortest distance from the center line of track to a structure or obstruction at the side of track.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 10-5-77; effective thirtieth day thereafter (Register 77, No. 41).

2. Amendment filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3732. Railway Switches and Track.

Note • History

(a) Where stub switches are used, the open space between the ends of the fixed and throw rails shall at no time be allowed to exceed 2 1/2 inches. Stub switches shall be equipped with head chairs which will insure a fixed spacing between the main and turnout rails.

(b) The crotch or wedge-shaped opening formed between switch point and stock rail shall be so filled as to eliminate the danger of a foot being jammed therein, where such openings occur in a walkway or roadway crossing tracks.

(c) The heel and toe crotch and the openings formed by wing rails shall be so filled as to eliminate the danger of a foot being jammed therein, where such openings occur in a walkway or roadway crossing tracks.

(d) The wedge-shaped openings at the ends of all guard rails, whether for frogs, curves or crossings, shall be so filled as to eliminate danger of a foot being jammed therein, where such an opening occurs in a walkway or roadway crossing tracks.

(e) Where the adjacent yard surface is approximately level with the head or top of the rail, any opening between the sides of the rail head and the adjacent pavement or other yard surface, which will permit a foot being jammed therein, shall be filled in or otherwise guarded where such openings occur in a walkway crossing tracks. See Figure 1.

Embedded Graphic 08.0408

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

2. Change without regulatory effect providing more legible illustration for Figure 1 filed 2-18-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 8).

§3733. Couplers.

Note • History

Automatic couplers shall be provided on industrial locomotives that switch or couple to cars so equipped.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3734. Warning Device.

Note • History

Every industrial locomotive shall be provided with warning devices.

Note: Warning devices include horns, whistles, bells, lights and any other designated equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 5-27-86; effective thirtieth day thereafter (Register 86, No. 22).

§3735. Brakes.

Note • History

Every industrial locomotive shall be equipped with brakes which will make possible an average deceleration rate of three miles per hour per second from 30 miles per hour to a stop.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3736. Overhead Clearances for Standard Gage Industrial Railroad Tracks.

Note • History

(a) The minimum overhead clearance above industrial railroad tracks which are used for transporting freight cars, shall be 22 feet 6 inches.

(b) The overhead clearance above top of rail of such tracks located inside of buildings may be reduced to 18 feet, provided that this clearance shall apply only to tracks terminating within the building, and further provided, that when an overhead clearance of less than 22 feet exists on tracks inside such building, all cars, trains, motors, engines or other equipment shall be brought to a stop before entering such building.

(c) Unless otherwise provided herein, overhead clearances authorized in this section are applicable only to tracks on which freight cars having a height not exceeding 15 feet 6 inches are transported. Freight cars of a height exceeding 15 feet 4 inches, but not greater than 15 feet 6 inches shall be permanently marked, stenciled, or placarded as hereinafter required, and such markings maintained in a legible condition reading as follows: “This car excess height.” The markings required in this subsection shall be made permanent on owned cars as soon as practicable with a three-quarter-inch stripe outlining an area not less than seven inches by ten inches, such stripes and lettering to be of a color contrasting with the car body color. All such required markings and placarding shall be placed on the side adjacent to the ladder or handholds near the floor line of the car at each of the four corners.

(d) Freight cars not exceeding a height of 15 feet 6 inches may be transported without compliance with the requirements of (c) of this order provided that the tracks over which such operations are conducted exhibit throughout the route an overhead clearance of 22 feet 6 inches as required in (a) of this order.

(e) If freight cars of a height greater than 15 feet 6 inches are transported, minimum overhead clearances shall be increased by an amount not less than such additional height.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of section heading and new NOTE filed 5-27-86; effective thirtieth day thereafter (Register 86, No. 22).

§3737. Side Clearance for Standard Gage Industrial Railroad Tracks.

Note • History

(a) Minimum side clearances from center line of tangent standard gage industrial railroad tracks, which are used for transporting freight cars, except as hereinafter prescribed, shall be as shown below:

Minimum

Description side clearance

(b) All structures and obstructions above the top of the rail except those hereinafter specifically mentioned... 8' 6”

Note: Posts, pipes, warning signs and similar obstructions should, where practicable, have a side clearance of 10 feet.

(d) Platforms four feet or less above top of rail 7' 6”

(e) Platforms four feet six inches or less above top of

rail when used principally for loading or unloading

refrigerator cars 8' 0”

(f) Platforms previously constructed at clearance not less than seven feet three inches may be extended at such clearance unless such extension is in connection with the reconstruction of the original platform.

Note: Combinations of platforms under (d) and (e) will not be permitted. Combinations of platforms under (c) with either of those under (d) or (e) is permitted provided that the platform under (c) presents a level surface from a point not more than four feet eight inches from center line of track to the face or wall of the platform with which it is combined.

(g) Poles supporting trolley contact conductors supplying

motive power to track affected, if of bracket construction, on

either single or double main track 8' 3”

Note: In order to bring switch stand targets into clear vision where pole lines are or have been constructed at legal clearance on railroads operated by overhead trolley contact the clearance as applied to switch stands may be reduced to seven feet six inches.

(h) Switch boxes, switch-operating mechanisms and

accessories necessary for the control and operation of

signals and interlockers projecting four inches or less above

the top of of rail l3' 0”

(i) Signals and switch stands three feet or less above top

of rail and located between tracks where not practicable to

provide clearances otherwise prescribed in this order 6' 0”

(j) Through bridges supporting track affected, tunnels,

water columns and oil columns 8' 0”

See Figure 2.

Embedded Graphic 08.0409

NOTES

Posts, poles, signs and similar facilities may have minimum clearance of 8'6”, but clearance of 10'-0” is recommended where practicable.

All side clearance dimensions are for tangent track. In general side clearance for curve track to be 1'0” greater than that for tangent track.

When track is used principally for loading or unloading refrigerator cars, platform with height of 4'6” above top of rail may be maintained provided that minimum side clearance to center line of track shall be 8'0”.

Platforms 4'0” or less in height with minimum clearance of 7'3” may be extended at existing clearances if such extension is not in connection with reconstruction of original platform.

Icing platforms and supports shall have minimum clearance of 7'8”.

(k) The clearances for (a) through bridges supporting track affected, (b) water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, (c) handrails, (d) water barrels, (e) water columns, (f) oil columns, (g) block signals, (h) cattle guards, and (i) stock chutes, when all or portions thereof are four feet or less above top of rail may be decreased to the extent defined by a line extending diagonally upward from a point level with top of rail, and five feet distant laterally from center line of track to a point four feet above top of rail and eight feet distant laterally from center line of track; provided, however, that the minimum clearance for handrails and water barrels on bridges with walkways, shall be seven feet nine inches, and, provided further, the minimum clearance for fences of cattle guards shall be six feet nine inches.

(l) All minimum side clearances prescribed in this section are for tangent track. In general, all structures adjacent to curved track, shall have a minimum side clearance one foot greater than the minimum side clearance otherwise required for tangent track. Where the division has determined that space is limited, the minimum side clearances for structures adjacent to tracks of not over 12 degree curvature may be the same as for tangent track, but where track curvature exceeds 12 degrees, one-half inch for each degree of the curve shall be added to the minimum side clearance required for tangent track.

(m) The center line of any track constructed in and along a public street shall be at least 10 feet from the property line of said street, or if the street has a lawfully established curb line, such track shall be at least 10 feet from such line.

(n) When tracks are operated exclusively for logging purposes, log rollways which serve them may be erected at less than the minimum side clearances herein prescribed.

(o) Minimum side clearances authorized in this section are applicable to tracks on which freight cars having a width not greater than 10 feet 10 inches are transported. Freight cars of a width exceeding 10 feet 10 inches but not greater than 11 feet 1 inch may be transported provided they shall be permanently marked, stenciled, or placarded, and such markings maintained in a legible condition reading:

“This Car EXCESS WIDTH.”

All such required markings and placarding shall be placed on the side adjacent to the ladder or handholds near the floor line of the car at each of the four corners.

(p) If freight cars of a width greater than 10 feet 10 inches are transported, minimum side clearances shall be increased by an amount equal to one-half such additional width, and the distance between parallel tracks as provided in 3739(d) of this order shall be increased by the amount of such additional width.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

2. Change without regulatory effect providing more legible illustration for Figure 2 filed 2-18-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 8).

§3738. Overhead and Side Clearances.

Note • History

Minimum overhead and side clearances as prescribed in 3736 and 3737 of this order may be decreased to the extent defined by the half circumferences of a circle having a radius of eight feet six inches and tangent to a horizontal line 22 feet 6 inches above top of rail at a point directly over the center line of standard gage track; provided, however, that for tunnels and through bridges such radius may be eight feet, and provided further, that 3736(c) and 3737(o) of this order shall apply hereto. (See Figure 2 of Section 3737.)

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3739. Clearance Between Parallel Standard Gage Tracks.

Note • History

(a) The minimum distance between the center lines of parallel standard gage tracks shall be 14 feet except as hereinafter provided.

(b) The center line of any standard gauge track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least 15 feet from the center line of such main track or passing track; provided, however, that where a passing track is adjacent to and at least 15 feet distant from the main track, any other track may be constructed adjacent to such passing track with clearance prescribed in (a) of this order.

(c) The center line of any standard gage ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than 20 feet from the center line of such other track.

(d) The minimum distance between the center lines of parallel team, house and industry tracks shall be 13 feet.

(e) Main, siding and yard tracks constructed prior to the effective date of this order with distance of not less than 13 feet between track centers may be extended without increasing such distances.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3740. Other Conditions and Obstructions Adjacent to Standard Gage Tracks.

Note • History

(a) No merchandise, material or other articles shall be placed or permitted to remain either on the ground or on platforms adjacent to any track at a distance less than 8 feet 6 inches from the center line of track.

(b) If platforms are used for storage, a suitable line or other marker shall be maintained at a distance of 8 feet 6 inches from the center line of track, on all platforms, excluding passenger platforms, to indicate the space along edge of the platform which must be kept clear of merchandise, material or other articles.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3741. Side Clearances for Narrow Gage Industrial Railroad Tracks.

Note • History

(a) The minimum side clearance from the side of the widest car operated shall be not less then 30 inches from stationary machines, equipment, or structures.

(b) The minimum side clearance from the side of the widest car operated shall be not less than 30 inches from piled or stacked material or other movable equipment or structures.

(c) The minimum distance between the center lines of parallel tangent tracks shall be not less than the width of the widest car operated plus 24 inches.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-11-85; effective thirtieth day thereafter (Register 85, No. 37).

§3742. Blue Stop Signs.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 9-19-75; effective thirtieth day thereafter (Register 75, No. 38).

2. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1). For information concerning same subject matter, see Section 3333, Title 8, CAC.

§3743. Derails or Blocks.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).

2. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1). For information concerning same subject matter, see Section 3332, Title 8, CAC.

§3744. Working on or Around Railway Cars.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-8-76; effective thirtieth day thereafter (Register 76, No. 41).

2. Repealer filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1). For information concerning same subject matter, see Section 3334, Title 8, CAC.

Article 31. Gantry Trucks (Straddle Carriers)

§3800. Definitions.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3801. Warning Devices.

Note • History

Every gantry truck shall be equipped with an effective warning device audible for 200 feet from the front and the rear of the truck. This device should be arranged to be operated both automatically and manually. It shall be sounded each time it is necessary to warn of the movement or approach of the vehicle.

Note: The employer should designate and define those areas in which the device should be operated automatically.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3802. Visibility.

Note • History

When gantry trucks operate in areas where their movement to the front and rear would constitute a hazard to employees working in the area on foot and where the operator vision is obstructed, the employer shall comply with Sections 1592(b)(1)-(5) of the Construction Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3803. Accessibility.

Note • History

Every gantry truck shall be provided with a permanent access ladder with side rails extending at least two feet above the operating platform or with sufficient handholds to enable the operator to get on to the landing platform safely. There shall be at least four inches clearance at the back of the ladder rungs.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3804. Color.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3805. Guarding.

Note • History

(a) Except as provided in (a)(1) below, every gantry truck wheel shall be guarded with wheel fenders, bumpersor skirt guards which shield each wheel to the front and rear of the vehicle and are designed in a manner to push a person out of the way of the oncoming vehicles.

(1) Wheel guarding is not required for logging and sawmill industry straddle carriers used exclusively to pickup and transport stacked loads of lumber. (See section 6248 for the scope of the logging and sawmill industry operations.)

(b) The main sprockets and chains to rear wheels shall be guarded as follows:

(1) The top sprocket shall be enclosed.

(2) The top half of the lower sprocket shall be enclosed.

(3) The drive chain except that portion of the lower half of the lower sprocket shall be enclosed to a height of seven feet.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

2. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

3. Amendment of subsection (a) filed 12-17-90; operative 1-16-91 (Register 91, No. 5).

§3806. Speed.

Note • History

The speed of all gantry trucks shall be regulated in one or more of the following ways:

(a) By means of a governor.

(b) By means of plainly marked and designated speed zones, lined roadways and restricted pedestrian walkways in all congested areas except where highway or street regulations apply.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3807. Operating Rules.

Note • History

(a) Every employer operating a gantry truck shall post, and enforce a set of operating rules in compliance with Section 3664(a) and the following:

(1) When getting on or off trucks, drivers shall use the ladders or handholds provided.

(2) Do not park loads in any roadway unless given specific instructions to do so.

(3) Do not park loads so that parts of the load may project into aisles or roads.

(4) Do not drive under loads being handled by hoisting equipment.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3808. Lights.

Note • History

Gantry trucks shall be equipped with lighting which conforms to the requirements to Sections 24407(a) and 24600 of the California Motor Vehicle Code.

Exception: Gantry trucks operating exclusively on private property having sufficient lighting to illuminate potential hazards or employees in the area, e.g. marine terminals.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3809. Brakes.

Note • History

Each gantry truck shall be equipped with brakes which comply with the requirement of Section 26457 of the California Vehicle Code.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3810. Mechanical Condition.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

§3811. Material Racks.

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

Article 32. Tiering Conveyors

§3820. Tiering Conveyors.

History

HISTORY

1. Repealer of Article 32 (Sections 3820-3829) filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).

Article 35. Amusement Rides

§3900. Purpose.

These Orders establish minimum standards for design, maintenance, construction, alteration, operation, repair, inspections, assembly, disassembly, and use of amusement rides for the protection of persons using such rides. These Orders do not replace or supersede any existing Safety Orders affecting employee safety.

§3901. Definitions.

Note • History

(a) “Amusement ride” means a mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Amusement ride” includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances which operate directly on the ground or on the surface or pavement directly on the ground or the operation of amusement devices of a permanent nature. The division shall determine the specific devices which are amusement rides for the purposes of this part. This determination shall be made to apply equally to all operators of similar or identical rides and shall be made pursuant to a procedure promulgated by the standards board.

(b) “Authorized person” is a competent person, experienced and instructed in the work to be performed and who has been given the responsibility to perform his duty by the owner or his representative.

(d) “Public entity.” Any city or county.

(e) “Registered engineer.” An engineer qualified under the Civil and Professional Engineers Act (Chapter 7, commencing with Section 6700 of Division 3 of the Business and Professions Code, State of California).

(f) “Permit.” An annual safety permit to operate an amusement ride, issued by the Division or by a public entity after an inspection of the ride.

(g) “Certification of Inspection.” An original certificate issued by the Division or by a public entity after certification in writing by a registered engineer that the amusement ride meets the requirements established by the Division for amusement rides. The certificate of inspection shall remain in force until voided by a modification of the ride.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3 and 7901, Labor Code.

HISTORY

1. Repealer and new definition of “Amusement ride” and new Note filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

§3902. Manufacturer's Analyses.

(a) For new model rides and for all existing models of rides for which this information may be requested, manufacturers, fabricators, or ride owner/operators shall furnish stress analysis or other pertinent data deemed necessary by the Division. Such stress analysis or other data pertinent to the design, structure, factors of safety, or performance characteristics shall be in such detail as to be acceptable to the Division. When such data on a particular ride is acceptable to the Division, it shall be deemed to apply to all rides of the same make and model where there have been no modifications.

(b) When no engineering calculations are available from the manufacturer or fabricator on a particular ride and when experience has been insufficient to warrant acceptance, the Division may require the owner/operator to furnish a structural analysis signed by a registered engineer.

Note: In evaluating rides where specific engineering specification data is lacking, the Division may not require a structural analysis on slow moving rides such as, but not limited to, merry-go-rounds and kiddie rides where the basic design has been proven safe through years of operation. A permit to operate, however, will be required.

§3903. Required Testing.

Load tests or nondestructive tests of rides or component parts of rides may be required by the Division. Procedure for such tests shall be submitted to the Division and be acceptable to the Division.

§3904. Emergency Brakes and Anti-Rollback Devices.

If cars or other components of an amusement ride may collide upon failure of normal controls, emergency brakes sufficient to prevent such collisions shall be provided. On rides which make use of inclined tracks, automatic anti-rollback devices shall be installed to prevent backward movement of the passenger-carrying units in case of failure of the propelling mechanism.

§3905. Speed Limiting Devices.

An amusement ride capable of exceeding its maximum safe operating speed shall be provided with a maximum speed limiting device. All governors having an adjustable speed setting shall be sealed so that the adjustment cannot be changed without breaking the seal. If the seal is broken, the governor shall be readjusted and resealed by the ride foreman prior to replacing the ride in service.

§3906. Signal Systems.

(a) Signal systems which will warn operators against dispatching other passenger-carrying units in the event a previously dispatched unit has failed to clear an automatic stop shall be provided on all amusement rides where the lack of such a system may permit rear-end collision and injury to passengers.

(b) Signal systems for the starting and stopping of amusement rides shall be provided where the operator of the ride does not have a clear view of the point at which passengers are loaded or unloaded.

(c) Where the need for coded signals is indicated, any code of signals adopted for the operation of any amusement ride shall be printed and be kept posted at both the operator's and signalman's stations. Signals shall be thoroughly understood by all persons who use them.

(d) Signals for the movement of rides shall not be given until all passengers are safely within the conveyance and all persons are in the clear.

(e) Types of signal systems shall be tested at least once each day of operation and prior to the operation of the ride. Rides shall not be operated if the signal system is not functioning correctly.

§3907. Passenger-Carrying Rides.

(a) The interior and exterior parts of all passenger-carrying amusement rides with which a passenger may come in contact shall be smooth, free from sharp, rough, or splintered edges and corners, with no protruding studs, bolts, screws, or other projections. Interior parts upon which or against which a passenger may be forcibly thrown by the action of the ride shall be adequately padded.

(b) Rides that are self-powered and that are operated by passengers shall have the driving mechanism so guarded and the guards so secured in place as to prevent passengers from gaining access to the mechanism. The “Dodge-Em” type of ride shall have the overhead screening free from holes that will catch the power conducting device and allow it to hang-up or cause a whipping action of the device.

(c) Belts, bars, footrests, and other equipment necessary for safe entrance and exit and for support while the ride is in operation shall be provided and maintained in a safe condition. Such equipment and the fastenings shall be of sufficient strength to retain the passengers.

§3908. Passenger Restraining and Containing Safety Devices.

(a) If, after inspection by an authorized representative of the Division, it is deemed necessary to install safety devices to prevent accidental or inadvertent dislodgement of a passenger from any tub, car, chair, seat, gondola, or other carrier, a restraining or containing device shall be installed.

(b) Passenger restraining or containing devices used on tubs, cars, chairs, seats, gondolas, and other carriers on a ride wherein the forces generated by the action of the ride require retention, restraint, or actual physical support of the passenger shall be designed, constructed, installed, and maintained to support the passenger safely. The fastenings shall be of a type which cannot be inadvertently released by the passenger or by any accidental means.

(c) Anchorages for required restraining devices shall have strength at least equal to the strength of the restraining device.

§3909. Design and Construction of Supporting Structures.

All supporting structures used in connection with amusement rides shall be designed and constructed to carry safely with the appropriate factors of safety as defined by the nationally accepted standards and with proper allowance for wind forces, dynamic effects of the equipment, load reversals and repetitions all loads to which such structures may normally be subjected. All rides shall be placed on solid footings and be anchored to prevent shifting or tipping. Sandbags may be used on cement surfaces. Use of shim blocks shall be kept to a minimum. Depressions in the ground near the ride footings shall be filled and tamped and adequate means of drainage provided to prevent water from collecting and softening supporting areas in case of rain. The area surrounding the ride shall be cleared and kept free from trash and tripping hazards.

§3910. Daily Maintenance.

(a) An amusement ride shall be inspected and tested each day before it is to be used. The inspection and test shall be made by or under the immediate supervision of an authorized person.

(b) The inspection and operational test shall include the operation of control mechanisms, speed limiting devices, brakes, fastenings, and other equipment provided for safety, and the proper installation of safety devices as required by the General Industry Safety Orders of the Division.

§3911. Assembly and Disassembly.

(a) Supervision. The assembly and disassembly of an amusement ride shall be done by or under the supervision of an authorized person.

(b) Quality of Assembly Work. Assembly work shall be performed in a proper and workmanlike manner.

(1) Parts shall be properly aligned, and shall not be bent, distorted, cut, or otherwise damaged in order to force a fit.

(2) Parts requiring lubrication shall be lubricated in course of assembly.

(3) Fastening and locking devices shall be installed where required for safe operation.

(4) Makeshift devices shall not be used.

(5) All bolts shall fit the fastening holes and be equipped with proper nuts and lock washers.

(6) Where openings are provided for cotter pins, such pins, properly designed for use, shall be used and properly spread.

(7) All junction boxes shall be kept locked while in use.

(8) Where “U” bolt clamps are used for wire rope attachments, at least 3 clamps shall be used with the “U” bolts on the short or “dead” end of the wire.

(1) Close visual inspection of parts shall be made during assembly to discover such wear or damage and inspection of fastening devices shall be made after assembly and before the ride is placed in service to assure that they have been properly installed.

(2) Where welding on rides or component parts is required, such welding shall be done by an experienced, competent welder.

(d) Tools and Equipment. Persons engaged in the assembly or disassembly of amusement rides shall be provided with and shall use tools of proper size and design to enable the work to be done safely. Broken, damaged, and unsuitable tools shall not be used.

(e) Lighting of Work Area. Assembly and disassembly of amusement rides shall be conducted under at least 5 foot-candle illumination.

§3912. Control of Operation.

(a) All amusement rides other than passenger operated or controlled rides shall be operated only by an authorized person. The operator shall be in the immediate vicinity of the operating controls during operation, even if automatic timing devices are used to control the time cycle of the ride, and no unauthorized person shall be permitted to handle operating controls during normal operation. All rides must have a stopping device within reach of the operator for use in case of an emergency.

(b) Each electrically driven ride shall have a disconnect switch within reach of the operator for use in case of an emergency.

§3913. Public Protection.

An amusement device shall not be used or operated while any person is so located as to be endangered. Areas in which persons may be so endangered shall be fenced, barricaded, or otherwise guarded against public intrusion.

§3914. Required Inspections.

(a) Each amusement ride shall receive certification in writing by a registered engineer that it meets the requirements established by the Division.

Note: If the manufacturer of an amusement ride submits to the Division an accepted stress analysis for such ride certified by a registered engineer, the Division may, upon inspection of the ride, issue an original certification of inspection.

(b) The original certificate of inspection shall not be issued for any amusement ride until certification has been made and filed with the Division. The certificate of inspection and the certification will become void if the device is rebuilt or modified in a manner that will affect the structural design or strength.

(c) A registration number shall be obtained from the Division and will be issued with the original certificate of inspection and this number will remain in effect until the engineering certification is voided by modification.

§3915. Issuing of Permits.

(a) On or before March 1 of each year, the owner or operator of an amusement ride shall apply for a permit to the Division or a public entity on a form furnished by the Division. Upon receipt of the inspection forms and certification that the ride complies with the rules and regulations of the Division and upon receipt by the Division or a public entity of the required inspection and permit fees, the Division or a public entity shall issue a permit to operate the specific ride which has been inspected. No permit to operate issued by a public entity shall be valid until a copy of such permit and the inspection report has been filed with the Division of Industrial Safety.

(b) No person shall operate an amusement ride unless a current permit to operate has been issued by the Division or a public entity as prescribed in Division 5 of the California Labor Code, Part 8. However, an amusement ride inspected and covered by a valid permit to operate in the preceding year may continue to operate until further inspected, providing the owner/operator of the ride has made written application to the Division for an inspection at least ten days prior to its operation indicating where such ride will be available for inspection and the application remains unacted upon. The permit to operate will become void immediately in the event of a fatal, dismembering, or disabling injury to one or more persons as the result of failure or malfunctioning of the ride or any of its mechanical components.

§3916. Inspection Fees.

History

See the Division of Industrial Safety's regulations contained in Chapter 3.2, Group 2, Title 8, California Administrative Code. These inspection fees for amusement rides are reprinted in Appendix 1 of these orders.

HISTORY

1. New section filed 3-29-78; effective thirtieth day thereafter (Register 78, No. 13). For history of former section, see Register 77, No. 49.

§3917. Posting of Permit.

All permits, except the original certificate of inspection, issued by the Division or a public entity under authority of the Labor Code of the State of California shall be kept with the ride in a protected place and shall be readily available.

§3918. Identification and Rating Plates.

Each amusement ride shall be identified by a registration number, the name and address of the manufacturer (if known), a trade or descriptive name, and model or serial number (if any), the maximum number of passengers, and the maximum safe speed. The required information shall be legibly impressed on a metal plate or equivalent and readily visible and legible at all times.

§3919. Rebuilt and Modified Devices.

If an amusement ride is to be altered after issuance of the original certificate of inspection or if the ride is to be so modified as to change its original action or motion pattern, the following shall be done:

(a) The owner shall notify the Division of such action before proceeding with the change. Certification of a stress analysis covering the proposed changes signed by a registered engineer shall be provided to the Division. Changes relating to operational safety of the device shall be acceptable to the Division.

(b) A revised certificate of inspection shall be obtained.

§3920. Accident Notification.

All accidents involving the public resulting in a fatality, dismembering or disabling injury, or accidents resulting in major damage to a ride must be reported to the Division's San Francisco or Los Angeles office within 24 hours of occurrence.

Appendix 1

Amusement Ride Inspection Fee Schedule

344.10.* Amusement Ride Inspection Fee Schedule.

(a) The following fees will be charged by the Division for inspections of and services rendered in connection with amusement rides by safety engineers employed by the Division.

(1) Original certificate of inspection--$15.00.

(2) Modification of original design which results in revised certificate of inspection--$15.00.

(3) Annual reinspection permit--$15.00.

(4) Inspection of altered or materially changed rides--$12.00 per hour or any fraction thereof.

(5) Investigation of accidents resulting in major damage to ride-- $12.00 per hour or any fraction thereof.

(6) Investigation of fatal, dismembering, or disabling injury occurring to a member of the public--$12.00 per hour or any fraction thereof.

(7) Other inspections and investigations--no charge.

HISTORY

1. New Appendix 1 filed 3-29-78; effective thirtieth day thereafter (Register 78, No. 13).

* Reprint from Chapter 3.2, Group 2, Title 8 (Register 77, No. 49).

Group 6. Power Transmission Equipment, Prime Movers, Machines and Machine Parts

Article 37. Purpose, Definitions and Standards

§3940. Purpose.

Note • History

These orders apply to the guarding of power transmission equipment, prime movers, machines and machine parts, but do not include point of operation hazards.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3941. Definitions.

Note • History

Accidental Contact. Inadvertent physical contact with power transmission equipment, prime movers, machines or machine parts which could result from slipping, falling, sliding, tripping or any other unplanned action or movement.

Belts. All power transmission belts, such as flat belts, round belts, V-belts, etc., unless otherwise specified.

Belt Pole (sometimes called a Belt Shipper or Shipper Pole). A device used in shifting belts on and off fixed pulleys on line or countershaft where there are no loose pulleys.

Belt Shifter. A device for mechanically shifting belts.

Conveyor. A device designed exclusively for transporting bulk materials, packages or objects in a predetermined path and having fixed or selective points of loading or discharge.

Enclosed. The moving parts are so guarded that physical contact by parts of the body is precluded. This does not prohibit the use of hinged, sliding, or otherwise removable doors or sections to permit inspection or lubrication.

Flywheel sometimes referred to as a balance wheel or flywheel pulley means a heavy wheel which by its inertia provides uniform energy of machinery by resisting sudden changes of speed.

Guarded. Shielded, fenced, enclosed or otherwise protected according to these orders, by means of suitable enclosure guards, covers or casing guards, trough or “U” guards, shield guards, standard railings or by the nature of the location where permitted in these orders, so as to remove the hazard of accidental contact.

Guarded by Location. The moving parts are so located by their remoteness from floor, platform, walkway, or other working level, or by their location with reference to frame, foundation or structure as to remove the likelihood of accidental contact.

Machine. The driven unit as distinguished from the driving unit which is defined as a prime mover.

Machine Parts. All moving parts of the machine, except those forming part of the point of operation.

Momentary Contact Device. A device which requires constant pressure by the operator to operate the machine.

Nip-point. That location along the inrunning side(s) of rotating part(s) which permits a part of the body to be caught between two moving part(s) or between a moving part and a stationary object.

Power Drive, Portable. A device used to provide rotary motion which can be used to grip and rotate a pipe or die head to thread, cut and ream.

Prime Mover. An engine or motor whose main function is to drive or operate other mechanical equipment.

Sheaves. Grooved pulleys, unless used as flywheels.

Tail Rod. The extension of piston rod passing through a stuffing box in the outside head of an engine cylinder, compressor cylinder or pump cylinder.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer of subsection (13) and renumbering of subsections 14-18 filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

3. New subsections (a)(12) and (a)(14)and renumbering of subsections (a)(15)-(19) filed 4-11-84; effective thirtieth day thereafter (Register 84, No. 15).

4. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

5. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3942. Type of Guarding Required.

History

(a) All guards shall be appropriate for the hazards involved, secured in place, constructed of substantial material as listed in Table G-1; and have surfaces free of hazardous projections.

(b) Guards shall be provided with hinged or removable sections where it is necessary to change belts, make adjustments, or for the admission of lubricants.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3943. Guard Standards.

Note • History

(a) If area of shield guard of wire mesh or expanded metal in a frame exceeds 6 square feet, it shall be reinforced.

(b) Trough or “U” guards shall be installed in accordance with the guidelines illustrated in Figures G-5 and G-6.

(d) A nip-point belt and pulley guard shall be constructed so that the nip-points are not exposed to accidental contact.

(e) Horizontal overhead belt guard surfaces subject to contact with the belt shall be smooth. The guard width shall be at least 25% wider than the belt being protected. The clearance need not exceed 6 inches on each side.

(f) Guards for horizontal overhead rope and chain drives shall not be less than 6 inches wider than the drive on each side. Where employees pass under overhead rope and chain drives a shallow trough or other effective means of sufficient strength to carry the weight of the broken chain shall be provided.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (e) filed 7-11-72 as procedural and organizational; effective upon filing (Register 72, No. 29).

2. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

3. Amendment of subsections (g) and (h) filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

4. Repealer of subsection (f) and relettering of existing subsections filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

5. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3944. Guard Clearances.

Note • History

(a) Where a guard or enclosure is within 2 inches of moving parts, openings through the guard shall be of such size as will preclude the passage of any object one-half inch in diameter.

(b) Where a guard or enclosure is within 4 inches of moving parts, openings through the guard shall be of such size as will preclude the passage of any object greater than one-half inch in diameter.

(c) Where a guard is located between 4 inches and 15 inches from moving parts, the maximum opening shall be of such size as will preclude the passage of any object greater than 2 inches in diameter. Where a slatted guard is used, the width of the opening shall be not greater than 1-inch.

(d) Standard railing guards shall be placed not less than 15 inches nor more than 20 inches from any moving parts provided; however, that where clearances from other moving parts are less than 15 inches, such parts shall be guarded as required elsewhere in these orders.

(e) The use of nylon mesh or materials of equivalent strength with holes not exceeding 1/2-inch to modify an existing substandard fan guard is acceptable, provided the combination of the two provides adequate protection and the mesh cannot be pushed into the danger zone during normal use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of Table G-2 and Figure G-8, and renumbering of Table G-3 to Table G-2, filed 11-18-76; effective thirtieth day thereafter (Register 76, No. 47). For prior history, see Register 76, No. 6.

2. Amendment of Section 3944 and repealer of Tables G-1 and G-2, Figures G-1, G-2, G-3, G-4, G-5, G-6, G-7 and new Tables G-1 and G-2, Figures G-1, G-2, G-3, G-4, G-5, G-6, G-7 filed 5-4-77 as an emergency; effective upon filing. Certificate of Compliance as to Table G-1 included (Register 77, No. 19).

3. Editorial correction in Figure G-1 and Certificate of Compliance as to 5-4-77 filing filed 8-31-77 (Register 77, No. 36).

4. Repealer of Table G-2 filed 12-19-78; effective thirtieth day thereafter (Register 79, No. 1).

5. Amendment of Section 3944 and Tables G-1, G-2 and Figure G-7 filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44)

6. Editorial correction of Figure G-2 and deletion of duplicate Note and History Notes (Register 95, No. 24).

7. Change without regulatory effect providing more legible illustrations for Figures G-1 through G-7 filed 2-18-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 8).

Table G-1

Embedded Graphic 08.0410

Embedded Graphic 08.0411

Embedded Graphic 08.0412

Embedded Graphic 08.0413

Embedded Graphic 08.0414

Embedded Graphic 08.0415

Embedded Graphic 08.0416

Embedded Graphic 08.0417

§3945. Openings for Oiling.

Note • History

(a) Where lubrication must be performed while the machine is operating, openings with hinged or sliding covers shall be provided.

(b) Where machines or machine parts must be lubricated while in motion the lubricant fittings shall be located at least 12 inches from the dangerous moving parts unless such parts are guarded and the fittings are piped outside the guard.

(c) Transmission equipment, machines and machine parts in inaccessible locations, which are lubricated while they are in motion shall be equipped with extension lubricant fittings or other methods of lubrication which can be serviced from an accessible location.

Note: Self lubricating bearings are recommended and all drip cups and pans shall be securely fastened.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (c) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (a) filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

Article 41. Prime Movers and Machinery

§3995. Flywheels.

Note • History

(a) Any exposed hazardous part of a flywheel 7 feet or less above the floor or working level shall be guarded.

Note: The spokes of machine flywheels may be covered with a circular disk guard.

(1) When a flywheel extends into a pit or is within 12 inches of the floor and a guardrail is used, a toeboard shall also be provided. See Figure G-4.

(b) When it is necessary to move flywheels for starting, guards may be removed temporarily but shall be replaced immediately after such operation is complete. A slot opening for jack bar will be permitted.

Every jack bar should be equipped with a hand stop so located that it will safely clear the flywheel guard when fully inserted but will prevent the worker's hand being pinched between the slot and bar.

(c) Wherever flywheels are above working areas, guards shall be installed having sufficient strength to hold the weight of the flywheel in the event of a shaft or wheel mounting failure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Editorial correction of Article heading (Register 80, No. 51).

3. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3996. Cranks and Connecting Rods.

Note • History

Cranks and connecting rods, when exposed to contact, shall be guarded in accordance with Section 3943 or by a guardrail as described in Section 3209(a).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3997. Tail Rods, Extension Piston Rods or Tail Crossheads.

Note • History

Tail rods, extension piston rods or tail crossheads 7 feet or less from the floor, platform or other working level shall be guarded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of section heading filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3998. Belt Shifters.

Note • History

(a) Tight pulleys and loose pulleys shall be equipped with a permanent belt shifter accessible from the operator's working position at the machine and provided with mechanical means to prevent the belt from creeping from loose to tight pulley.

(b) Manual devices shall be so designed, constructed and installed that they will remain in the neutral position until intentionally actuated.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§3999. Conveyors.

Note • History

(a) Screw conveyors 7 feet or less above floor or other working level shall be completely covered with substantial lids except that screw conveyors the top of which are 2 feet or less above the floor or other working level, or below the floor level may be guarded by standard railing guards having toeboards of midrail height or shall be guarded by substantial covers or gratings.

(b) Belt conveyor head pulleys, tail pulleys, single tension pulleys, dip take-up pulleys, chain conveyor head drums or sprockets and dip take-up drums and sprockets shall be guarded. The guard shall be such that a person cannot reach behind it and become caught in the nip point between the belt, chain, drum, pulley or sprocket.

Note: Normally, conveyor belt support rollers need not be guarded unless they create a potential hazard for serious injury.

(c) Crossovers as defined in Section 3207 of these Orders shall be provided where necessary, which will allow employees to pass over or cross a conveyor. Unless a 6-foot 6-inch headroom clearance is provided, employees shall not be permitted to pass under conveyors.

(d) Conveyors passing over areas that are occupied or used by employees shall be so guarded as to prevent the material transported from falling and causing injury to employees.

(e) Where employees pass under the return strands of chain conveyors a shallow trough or other effective means of sufficient strength to carry the weight of the broken chain shall be provided.

(f) Employees shall not be permitted to ride or walk on a moving power driven chain, belt or bucket.

(g) Conveyors using electrically released brakes shall be constructed so that the brakes cannot be released until power is applied and that the brakes are automatically engaged if the power fails or the operating control is returned to the “stop” position.

(h) Powered conveyors shall not be started until all exposed employees are clear of the conveyor or have been warned that the conveyor is about to start.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-16-80; effective thirtieth day thereafter (Register 80, No. 16).

2. New subsections (i) and (j) filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

3. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

4. Amendment of subsection (c) filed 2-17-2000; operative 3-18-2000 (Register 2000, No. 7).

5. Change without regulatory effect amending subsection (b) filed 5-24-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 21).

§4000. Process Machine Power Control.

Note • History

(a) Each process machine driven by an individual prime mover shall be equipped with a prime mover stopping device which can be safely actuated from the operator's working position unless the machine is equipped with a clutch which will stop all machine operations.

(b) Where an operator attends one or more process machines not having individual drive each machine shall be equipped with a stopping device which can be safely actuated from the operator's working position at the machine. Such a stopping device may stop an entire group of machines by stopping the prime mover power transmission or it may be a machine clutch, cut-off coupling, or tight and loose pulley with belt shifter which can stop all the machine operations at any time on any machine. Pole or hand shifting of belts is not considered adequate means for disconnecting the power.

Exception: Where due to the process, machines must be operated in groups, the machine power control may stop the entire group of machines. Such group drives shall be provided with conveniently located, readily accessible, and properly marked or otherwise identified stop stations.

(c) Each process machine simultaneously attended or operated by more than one employee shall be equipped with a machine power control for each employee exposed to point of operation hazards. Said controls shall be interlocked in a manner to prevent operation of machine, unless all controls are operated simultaneously. Controls for more than one operating station shall be designed to be activated and deactivated in complete sets of two operator's hand controls per operating station by means capable of being supervised by the employer.

(d) Machine power controls shall be maintained in safe operating condition and shall be so designed, installed and/or located that they cannot operate from accidental contact with objects or parts of the body.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (b) filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4001. Machine Power Control.

Note • History

All machines shall be equipped with adequate means whereby the operator of the machine or other person can disconnect the power promptly in case of emergency.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4002. Moving Parts of Machinery or Equipment.

Note • History

(a) All machines, parts of machines, or component parts of machines which create hazardous revolving, reciprocating, running, shearing, punching, pressing, squeezing, drawing, cutting, rolling, mixing or similar action, including pinch points and shear points, not guarded by the frame of the machine(s) or by location, shall be guarded.

(b) Keys, set screws, projections or recesses which create a hazard not guarded by the frame of the machine or by location shall be removed, made flush or guarded.

Note: Section 4002 does not apply to points of operation. For point-of-operation requirements, refer to Group 8, commencing with Section 4184.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

§4003. Pinch Points and Shear Points. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

2. Repealer filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

Article 43. Shafting, Collars, Clutches, Cut-Off Couplings and Clutch Pulleys

§4050. Shafting, Collars, Clutches, and Couplings.

Note • History

(a) All exposed parts of line or countershafting or collars, clutches, cut-off couplings and clutch pulleys seven feet or less above floor or other working level shall be guarded.

(b) Wherever shafting extends over a driveway it shall be enclosed or guarded with a trough guard unless it is located 15 feet or more above driveway or is a part of an overhead traveling crane and does not otherwise violate provisions in this order. See (d) below.

(1) Completely enclosed.

(2) Guarded by a trough guard enclosing sides and top or sides and bottom as the exposure requires. The sides of the trough shall come within at least 6 inches of the underside of the table, or if the shafting is located near floor, within 6 inches of the floor. In every case the sides of the trough shall extend at least 2 inches above or below the shafting.

(3) Guarded on exposed sides with a rigid shield guard extending from the underside of bench top to 2 inches below bottom line of shafting.

Exception: Wherever power sewing machines or other similar light machines are operated by shafting under the machine table, such shafting shall be in compliance when the shafting is 20 inches or more horizontally from the vertical plane of the working edge of the bench. When such transmission is so located it constitutes a hazard, it shall be guarded.

(d) Shafting which crosses or runs parallel to elevated runways, walkways, catwalks, or platforms and is within the vertical height of seven feet or within 15 inches of either side of such runway, walkway, catwalk or platform shall be guarded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsections (a) and (c) (EXCEPTION only) filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4051. Projecting Shaft Ends.

Note • History

(a) Projecting shaft ends within 7 feet of floor or working level shall present a smooth rounded edge and smooth end and shall not project a distance greater than one-half the diameter of the shaft beyond the end of the bearing unless guarded by nonrotating casing.

(b) Exposed unused key-ways 7 feet or less above floor or working level shall be filled, covered, or guarded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 1-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4052. Collars, Couplings, Clutches, Cut--Off Couplings and Clutch Pulleys. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

Article 44. Pulleys

§4060. Location of Pulleys on Line Shaft and Countershaft.

Note • History

(a) Where the distance to the nearest fixed pulley, clutch or hanger is equal or less than the width of the belt, a guide shall be provided to prevent the belt from leaving the pulley.

(b) Overhanging flat pulleys on line shafts or countershafts shall be provided with a stop to prevent the belt from running off the pulley.

(c) Where loose pulleys or idlers are not practicable, belt perches in form of brackets, rollers, etc., shall be used to keep idle belts away from the shafts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer of subsection (d) filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

3. Amendment of subsection (c) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

4. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4061. Composition and Wood Pulleys. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer filed 2-23-80; effective thirtieth day thereafter (Register 80, No. 8).

§4062. Pulleys Exposed to Corrosion.

Note • History

Pulleys exposed to active corrosion shall be of corrosion resisting material.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4063. Composition or Wooden Pulleys out of Service.

Note • History

Composition or wooden pulleys permanently out of service shall not be allowed to remain on shafting which is in use.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

Article 45. Belt and Pulley Drives

§4070. Guarding.

Note • History

(a) All moving parts of belt and pulley drives located 7 feet or less above the floor or working level shall be guarded.

Note: For clearance between guards and belts, see Table G-1 and Figure G-2.

Exceptions:
1. Flat or crowned step-cone pulley drives on lathes may be guarded by a bar or rod located above the contact point of the belt to prevent a worker's hand being drawn into the nip point. Lathe belts, with metallic belt fasteners or lacings, and which are shifted by hand, shall have all fasteners or lacings clinched or maintained so that there are no projections on either the surfaces or edges of the belt.
2. The following belts when operating at 250 feet per minute or less: Flat belts 1-inch or less in width; flat belts 2 inches or less in width which are free from metal lacings or fasteners; round belts 1/2-inch or less in diameter; and single strand V-belts, the width of which is 13/32-inch or less.
This exception does not include spokes, hazardous nip points, or other hazards of pulleys. Such hazards which are 7 feet or less above the floor or working level shall be guarded by nip-point belt and pulley guards.
3. In industries where there is an excessive deposit of lint (which constitutes a serious fire hazard), open bottom nip-point belt and pulley guards may be used, provided that where metallic belt fasteners or lacings are used they shall be clinched and maintained so that there are no projections on the outside face or edges of the belt.
4. Fan belt drives on motor vehicles used primarily for transportation of employees and materials.
5. Internal combustion engine fan belt drives guarded by side screens extending to the shoulder of the engine block.
6. Industrial and commercial sewing machines: See Section 4475.

(b) If the bottom of the guard is within 4 inches of the floor or supporting structures, the bottom of the guard need not be enclosed.

(c) Where a group of flat belt drives is guarded by guardrails, such drives shall be considered guarded where the distance from the vertical plane of the rail to the nearest point of any belt or pulley is not less than 15 inches nor more than 20 inches and where the distance between any two adjacent belts or pulleys does not exceed 36 inches.

(d) Horizontal overhead belts more than 7 feet above a floor, platform or other working level shall be guarded for their entire length if located over passageways or working places.

(e) American or continuous system rope drives so located that the condition of the rope (particularly the splice) cannot be constantly and conveniently observed shall be equipped with a “telltale” device (preferably electric-bell type) that will give warning when rope begins to fray.

(f) All rope drives shall be guarded as required for belt drives.

(g) If dressing is applied while the belt or rope is in motion, it shall be performed at a safe distance from the nip point.

(h) Metallic belt fasteners or lacings shall be clinched and maintained so that there are no projections on the outside face or edges of the belts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (e) filed as procedural; effective upon filing (Register 75, No. 14).

3. New subsection (c)(3) filed 8-18-77; effective thirtieth day thereafter (Register 77, No. 34).

4. Amendment of subsections (a), (b), and (c) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

5. Amendment of subsection (j) filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).

6. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4071. Belt Tighteners.

Note • History

Counter-balanced belt tighteners shall be of substantial construction. Means shall be provided to prevent tightener from falling in case the belt breaks, or the area directly beneath the tightener shall be guarded by a standard railing guard set not less than 15 inches nor more than 20 inches from the vertical projection of the outermost parts of the tightener.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4072. Variable Speed Drives. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

2. Repealer filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

Article 46. Gears, Friction Drives, Sprockets, and Chains

§4075. Gears and Sprockets.

Note • History

(a) All gears, sprockets and sprocket chain drives located 7 feet or less above the floor or working level shall be guarded.

(b) If band guards are used the guard shall extend inward beyond the root of the teeth and the spokes shall be guarded with a disk guard.

(d) Guards on overhead silent chain-drives shall not be less than one-quarter inch from the nearest moving chain part, except that on drives of over 20 inch centers the distance shall not be less than one-half inch.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4076. Friction Drives.

Note • History

Friction drives located 7 feet or less above floor or other working level shall be guarded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4077. Sprocket Chains. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

Article 47. Power Disconnecting Devices

§4085. Belt Shifters and Other Disconnecting Devices. [Repealed]

Note • History

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Repealer of subsection (c) filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

3. Repealer filed 10-9-85; effective thirtieth day thereafter (Register 85, No. 44).

§4086. Momentary Contact Devices.

Note • History

All portable pipe threading/cutting machines, portable power driven augers (earth drills), and portable power drives shall be permanently equipped with a momentary contact device.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-11-84; effective thirtieth day thereafter (Register 84, No. 15). For history of former section, see Registers 79, No. 46 and 74, No. 43.

2. Amendment filed 12-2-2009; operative 1-1-2010 (Register 2009, No. 49).

Group 8. Points of Operation and Other Hazardous Parts of Machinery

Article 54. Scope and General Definitions

§4184. Guarding Required.

Note • History

(a) Machines as specifically covered hereafter in Group 8, having a grinding, shearing, punching, pressing, squeezing, drawing, cutting, rolling, mixing or similar action, in which an employee comes within the danger zone shall be guarded at the point of operation in one or a combination of the ways specified in the following orders, or by other means or methods which will provide equivalent protection for the employee.

(b) All machines or parts of machines, used in any industry or type of work not specifically covered in Group 8, which present similar hazards as the machines covered under these point of operation orders, shall be guarded at their point of operation as required by the regulations contained in Group 8.

Exception: Microtomes (also called histotomes or cryostats) when guarding as required in Section 4184 is infeasible and the microtome is used, operated and maintained in accordance with Section 3558 of these Orders. For the purposes of this Exception guarding as required in Section 4184 is infeasible under circumstances that include, but are not limited to the following: there is no point-of-operation guard commercially available for an employer's microtome.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Renumbering of Section 4185 to Section 4184 filed 11-16-79; effective thirtieth day thereafter (Register 79, No. 46).

4. Amendment of Group 8 title filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

5. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

6. New Exception to subsection (b) filed 8-7-2012; operative 9-6-2012 (Register 2012, No. 32).

§4185. Foot-Operated Devices.

Note • History

All foot-operated devices (i.e., treadles, pedals, levers, bars, valves, and switches) shall be protected from unintended operation, if such operation creates a hazard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering of Section 4185 to Section 4184 and new section filed 11-16-79; effective thirtieth day thereafter (Register 79, No. 46).

§4186. Maintenance and Use of Point of Operation Tools and Guards.

Note • History

(a) All saws, cutting tools, heads, shears, and knives that are part of any machine shall be kept sharp, properly set up, adjusted and firmly secured.

(b) All point of operation guards shall be properly set up, adjusted and maintained in safe and efficient working condition in conformance with Figure G-8 and Table G-3 or other guard configurations which will prevent the operator's hand from entering the point of operation.

(c) All repair work performed on metal forming and/or cutting machines, such as punch presses, press brakes, forming rolls, shears, power presses, forging presses and hammers, shall be made:

(1) In accordance with the recommendation of the manufacturer(s), or

(2) In accordance with good engineering practice.

Point of Operation Guarding

Figure G-8

Embedded Graphic 08.0418

Explanation of Above Diagram:

This diagram shows the accepted safe openings between the bottom edge of a guard and feed table at various distances from the point of operation.

The minimum guarding line is 1/2-inch from the point of operation. The various openings are such that with average size hands, an operator's fingers will not reach the point of operation.

After installation of point of operation guards and before a job is released for operation, a check should be made to verify that the guard will prevent the operator's hands from reaching the point of operation.

Table G-3

Distance of Opening

from Point Maximum Width

of Operation Hazard of Opening

(Inches) (Inches)

1/2 to 1 1/2 1/4

1 1/2 to 2 1/2 3/8

2 1/2 to 3 1/2 1/2

3 1/2 to 5 1/2 5/8

5 1/2 to 6 1/2 3/4

6 1/2 to 7 1/2 7/8

7 1/2 to 12 1/2 1 1/4

12 1/2 to 15 1/2 1 1/2

15 1/2 to 17 1/2 1 7/8

17 1/2 to 31 1/2 2 1/8

Refer to Table G-1 in Section 3944 for the maximum width of openings permitted in guards at various distances from the moving parts of power transmission equipment, prime movers, machines and machine parts.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer and new section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment of subsection (b) and new Figure G-8 and Table G-3 filed 11-18-76; effective thirtieth day thereafter (Register 76, No. 47).

3. New subsection (c) filed 4-28-81; effective thirtieth day thereafter (Register 81, No. 18).

4. Amendment of subsections (b), (c), Figure G-8 and Table G-3 filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

5. Change without regulatory effect providing a more legible copy of Figure G-8 with no amendments filed 3-13-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 11).

6. Change without regulatory effect providing more legible illustration for Figure G-8 filed 2-18-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 8).

§4187. Rolls.

Note • History

(a) The in-running side of the rolls shall be protected with a fixed or self-adjusting barrier so arranged that the material can be fed to the rolls without permitting the fingers of the operator to be caught between the rolls or between the guard and the rolls, or

(b) The control device for the rolls shall be of the constant contact type and shall be so located as to prevent the employees from contacting the danger zone, or

(c) The prime mover shall be equipped with an effective brake and there shall be installed across the front of the rolls at approximately knee height a control bar, lever or other device which when actuated will stop the motor and apply the brake.

Note: (1) The intent of this section is primarily to achieve point of operation guarding as required by Subsection (a) above. Where, because of work procedures or other valid reasons, the requirements of Subsection (a) cannot be achieved, the requirements of Subsection (b) shall control. Where neither the requirements of (a) or (b) can be achieved, compliance with Subsection (c) shall then be mandatory.

Note: (2) In those instances where there are other orders covering specific rolls, those orders shall prevail over those contained in this section.

Exception: Rolls which do not expose any employees to a point of operation hazard.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 12-26-80; effective thirtieth day thereafter (Register 80, No. 52).

§4188. Definitions.

Note • History

(a) General Definitions.

Classes. The designation “Class-A” with an order means that the rule applies for all kinds of work. The designation “Class-B” means that the order applies unless the nature of the work, type of machinery, or size and shape of material being worked will not permit.

Danger Zone. Any place in or about a machine or piece of equipment where an employee may be struck by or caught between moving parts, caught between moving and stationary objects or parts of the machine, caught between the material and a moving part of the machine, burned by hot surfaces or exposed to electric shock.

Interlock. A device that operates to prevent the operation of a machine while the cover or door of the machine is open or unlocked, and which will also hold the cover or door closed and locked while the machine is in motion.

Point of Operation. That part of a machine which performs an operation on the stock or material and/or that point or location where stock or material is fed to the machine. A machine may have more than one point of operation.

(b) Specific Definitions for Power Operated Presses. Adjustable Barrier Guard. A barrier requiring adjustment for each job or die setup.

Antirepeat. The part of the clutch/brake control system designed to limit the press to a single stroke if the operating means is held operated. Antirepeat requires release of all tripping mechanisms before another stroke can be initiated. “Antirepeat” is also called single stroke reset or reset circuit.

Brake. The mechanism used on a mechanical power press to stop and/or hold the crankshaft, either directly or through a gear train, when the clutch is disengaged.

Brake Monitor. A sensor designed, constructed, and arranged to monitor the effectiveness of the press braking system.

Bolster Plate. The plate attached to the top of the bed of the press having drilled holes or T-slots for attaching the lower die or die shoe.

Certification or Certify. In the case of design certification/validation that the manufacturer has reviewed and tested the design and manufacture, and in the case of installation certification/validation and annual recertification/revalidation that the employer has reviewed and tested the installation, and concludes in both cases that the requirements of sections 4192 through 4211 and Appendix A have been met. The certifications are made to the validation organization.

Certification/Validation and Certify/Validate. The combined processes of certification and validation.

Clutch. The coupling mechanism used on a mechanical power press to couple the flywheel to the crankshaft, either directly or through a gear train.

(1) Full Revolution Clutch. A type of clutch that, when tripped, cannot be disengaged until the crankshaft has completed a full revolution and the press slide a full stroke.

(2) Part Revolution Clutch. A type of clutch that can be disengaged at any point before the crankshaft has completed a full revolution and the press slide a full stroke.

Concurrent. Acting in conjunction, and is used to describe a situation wherein two or more controls exist in an operated condition at the same time.

Control System. Sensors, manual input and mode selection elements, interlocking and decision-making circuitry, and output elements to the press operating mechanism.

Continuous. Uninterrupted multiple strokes of the slide without intervening stops (or other clutch control action) at the end of individual strokes.

Counter-balance. The mechanism that is used to balance or support the weight of the connecting rods, slide, and slide attachments.

Device. A press control or attachment that:

(A) Restrains the operator from inadvertently reaching into the point of operation, or

(B) Prevents normal press operation if the operator's hands are within the point of operation as the dies close.

(C) Automatically withdraws the operator's hands if the operator's hands are within the point of operation as the dies close, or

(D) Prevents the initiation of a stroke, or stops stroke in progress, when there is an intrusion through the sensing field by any part of the operator's body or by any other object, or

(E) Locating single cycle operating controls so that the slide completes its downward travel or stops the ram motion before the operator's hands can reach into the point of operation.

Combined Stroking-Control Systems. Combined stroking-control systems are two independent control systems on the same machine, only one of which is used at a time.

Die. The tooling used in a press for cutting or forming material. An upper and a lower die make a complete set.

Die Builder. Any person who builds dies for power presses.

Die Set. A tool holder held in alignment by guide posts and bushings and consisting of a lower shoe, an upper shoe or punch holder, and guide posts and bushings.

Die Setter. An individual who places or removes dies in or from mechanical power presses, and who, as a part of his duties, makes the necessary adjustments to cause the tooling to function properly and safely.

Die Setting. The process of placing or removing dies in or from a power press, and the process of adjusting the dies, other tooling and safeguarding means to cause them to function properly and safely.

Die Shoe. A plate or block upon which a die holder is mounted. A die shoe functions primarily as a base for the complete die assembly, and, when used, is bolted or clamped to the bolster plate or the face of slide.

Direct Drive. The type of driving arrangement wherein no clutch is used; coupling and decoupling of the driving torque is accomplished by energization and de-energization of a motor. Even though not employing a clutch, direct drives match the operational characteristics of “part revolution clutches” because the driving power may be disengaged during the stroke of the press.

Division-Recognized Third Party Validation Organization. An independent third-party validation organization which has been recognized by the U.S. Labor Department, Occupational Safety and Health Administration (OSHA) in accordance with the requirements specified in Appendix C of paragraph (h), 29 CFR 1910.217, revised March 14, 1988 which is hereby incorporated by reference.

Ejector. A mechanism for removing work or material from between the dies.

Face of Slide. The bottom surface of the slide to which the punch or upper die is generally attached.

Feeding. The process of placing or removing material within or from the point of operation.

Foot Control. The foot operated control mechanism designed to be used with a clutch or clutch/brake control system.

Foot, Kick, and Hand Presses. Machines actuated by foot or hand power only, and fitted with rams or dies for the purposes of blanking, trimming, drawing, punching or stamping, forming or assembling cold material.

Foot Pedal. The foot operated lever designed to operate the mechanical linkage that engages the clutch and/or disengages the brake.

Gate or Movable Barrier Device. A movable barrier arranged to enclose the point of operation before the press stroke can be started.

Guide Post. The pin attached to the upper or lower die shoe, operating within the bushing on the opposing die shoe, to maintain the alignment of the upper and lower dies.

Hand Feeding Tool. Any hand-held tool designed for placing or removing material or parts to be processed within or from the point of operation.

Holdout or Restraint Device. A mechanism, including attachments for operator's hands, that when anchored and adjusted, prevent the operator's hands from entering the point of operation.

Inch. An intermittent motion imparted to the slide (on machines using part revolution clutches) by momentary operation of the “Inch” operating means. Operation of the “Inch” operating means engages the driving clutch so that a small portion of one stroke or indefinite stroking can occur, depending upon the length of time the “Inch” operating means is held operated. “Inch” is a function used by the die setter for setup of dies and tooling, but is not intended for use during production operations by the operator.

Jog. An intermittent motion imparted to the slide by momentary operation of the drive motor, after the clutch is engaged with the flywheel at rest.

Knockout. A mechanism for releasing material from either die.

Liftout. The mechanism also known as knockout.

Manual Feeding. Feeding wherein the material or part being processed is handled by the operator on each stroke of the press.

Operator's Station. The complete complement of controls used by or available to an operator on a given operation for stroking the press.

Pinch Point. Any point other than the point of operation at which it is possible for a part of the body to be caught between the moving parts of a press or auxiliary equipment, or between moving and stationary parts of a press or auxiliary equipment or between the material and moving part or parts of the press or auxiliary equipment.

Point of Operation. (See section 4188(a).)

Power Operated Presses. For the purposes of Article 55, power operated presses include all mechanically powered machines that shear, punch, form, or assemble metal or other materials by means of tools or dies attached to or actuated by slides, commonly referred to as mechanical power presses (punch presses), press brakes, hydraulic power presses (punch presses), and rivet setting machines.

Power Press, Hydraulic (Punch Press). A machine which is hydraulically powered that shears, punches, forms, draws, or assembles metal or other material by means of tools attached to or actuated by slides.

Power Press, Mechanical (Punch Press). A mechanically powered machine that shears, punches, forms or assembles metal or other material by means of cutting, shaping, or combination dies attached to or actuated by slides. A press consists of a stationary bed or anvil, and a slide (or slides) having a controlled reciprocating motion toward and away from the bed surface, the slide being guided in a definite path by the frame of the press.

Power Press, Pneumatic. A machine which derives its primary mechanical action (i.e. shearing, punching, bending, forming, drawing, extruding, assembly or other action) from a pneumatic energy source (i.e. pneumatically driven ram). A fully pneumatic power press differs from a mechanical or hydraulic press which may utilize pneumatic systems to only activate a brake/clutch, slide counterbalance or other system but which uses mechanical means or hydraulic fluid to power the ram.

Presence Sensing Device. A device designed, constructed and arranged to create a sensing field or area that signals the clutch/brake control to deactivate the clutch and activate the brake of the press when any part of the operator's body or a hand tool is within such field or area.

Presence Sensing Device Initiation. An operating mode of indirect manual initiation of a single stroke by a presence sensing device when it senses that work motions of the operator, related to feeding and/or removing parts, are completed and all parts of the operator's body or hand tools are safely clear of the point of operation.

Press Brake Die, General-Purpose. A die set used to perform common bending and forming operations on a variety of piece parts or products and not designed for a unique or unusual part or product.

Press Brake, General-Purpose. A mechanically or hydraulically operated machine having only one operator at the front of the machine and with a single operating foot control device which permits the operator to exercise full and final control over the movement of the ram.

Press Brake, Special-Purpose. A machine that can be mechanically or hydraulically operated by one or more operators from the front of the machine, each provided with an operating control station. Concurrent operation of each station being used is required to place the ram in motion.

Ram. See definition for Slide.

Repeat. An unintended or unexpected successive stroke of the press resulting from a malfunction.

Rivet Setting Equipment. Powered machines designed to insert and clinch fasteners commonly called rivets.

Safety Block. A prop that, when inserted between the upper and lower dies or between the bolster plate and the face of the slide, prevents the slide from falling of its own deadweight.

Safety System. The integrated total system, including the pertinent elements of the press; the controls; the safeguarding, any required supplemental safeguarding, and their interfaces with the operator; and the environment designed, constructed and arranged to operate together as a unit, such that a single failure or single operating error will not cause injury to personnel due to point of operation hazards.

Setting up Operations. Operations in which fixtures or tooling which support, secure, or act upon the workpiece are mounted on the machine surfaces or in machine components designed to accept such tooling.

Single Stroke. One complete stroke of the slide, usually initiated from a full open (or up) position.

Single Stroke Control. An arrangement used to limit the travel of the slide to one complete stroke at each engagement of the clutch.

Slide. A reciprocating part of the machine or press. It is also referred to as a ram, plunger, platen, or mandrel.

Stop Control. An operator control designed to immediately deactivate the clutch control and activate the brake to stop slide motion.

Stripper. A mechanism or die part for removing the parts of material from the punch.

Stroking Selector. The part of the clutch/brake control that determines the type of stroking when the operating means is actuated. The stroking selector generally includes positions for “Off” (Clutch Control), “Inch,” “Single Stroke,” and “Continuous” (when continuous is furnished).

Trip or (tripping). Activation of the clutch to “run” the press.

Turnover Bar. A bar used in die setting to manually turn the crankshaft of the press.

Unitized Tooling. A type of die in which the upper and lower members are incorporated into a self-contained unit so arranged as to hold the die members in alignment.

Validation or Validate. For PSDI safety systems that a Division-recognized third-party validation organization:

(A) For design certification/validation has reviewed the manufacturer's certification that the PSDI safety system meets the requirements of sections 4192 through 4211 and Appendix A and the underlying tests and analyses performed by the manufacturer, has performed additional tests and analyses which may be required by sections 4192 through 4211 and Appendix A, and concludes that the requirements of sections 4192 through 4211 and Appendix A have been met; and

(B) For installation certification/validation and annual recertification/revalidation has reviewed the employer's certification that the PSDI safety system meets the requirements of sections 4192 through 4211 and Appendix A and the underlying tests performed by the employer, has performed additional tests and analyses which may be required by sections 4192 through 4211 and Appendix A, and concludes that the requirements of sections 4192 through 4211 and Appendix A have been met.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Renumbering from section 4187 filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. New subsection (3) and renumbering of subsection (3) to (4) filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

3. Amendment filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

4. Amendment filed 12-12-84; effective thirtieth day thereafter (Register 84, No. 50).

5. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

6. Amendment of subsection (b) filed 4-20-90; operative 5-20-90 (Register 90, No. 20).

7. Editorial correction of printing error inadvertently omitting text (Register 90, No. 44).

8. Editorial correction amending definition of Combined Stroking-Control Systems and reinserting definitions of Division-Recognized Third Party Validation Organization and Presence Sensing Device (Register 92, No. 33).

9. New definition of “Power Press, Pneumatic” filed 5-8-96; operative 6-7-96 (Register 96, No. 19).

10. Amendment of definitions of ``Power Operated Presses,” ``Power Press, Hydraulic (Punch Press),” ``Power Press, Mechanical (Punch Press)” and ``Ram” and new definition of ``Slide” filed 5-7-2001; operative 6-6-2001 (Register 2001, No. 19).

11. Amendment adding definition of “Press Brake Die, General-Purpose” filed 1-5-2012; operative 2-4-2012 (Register 2012, No. 1).

Article 55. Power Operated Presses

§4189. Scope.

Note • History

The requirements of this article apply only to those mechanically or hydraulically powered machines that shear, punch, form, or assemble metal or other material by means of tools or dies attached to slides, commonly referred to as power operated presses. Pneumatic power presses (as defined in section 4188), hot bending and hot metal presses, forging presses and hammers are excluded from the requirements of this article.

Sections 4192 through 4211 of article 55 apply to all mechanical power presses (punch presses). Sections 4196 through 4202(a) and 4203 through 4205 of article 55 apply to all power operated presses regardless of type (with the exception of those machines excluded above).

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New article 55 (sections 4189-4205) filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).

2. Amendment filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

3. Amendment filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

4. Amendment filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

5. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

6. Change without regulatory effect filed 4-26-90 pursuant to section 100, Title 1, California Code of Regulations (Register 90, No. 20).

7. Change without regulatory effect amending section filed 7-24-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 38).

8. Amendment filed 5-8-96; operative 6-7-96 (Register 96, No. 19).

§4190. Control Identification.

Note • History

(a) All control buttons and switches for power operated presses shall be properly identified as to the function and purpose of such control buttons and switches.

(b) All control buttons and switches for power operated presses shall be color coded to conform to the following code:

Start, run, or inch -- Black, green, silver or other

similar metallic color

Emergency stop -- Red

Cycle Stop or Auto Stop -- Yellow or red

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New subsections (4) and (38) and renumbering of subsections (5) through (50) filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Repealer and new section filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

§4191. Power Presses and Foot and Hand Power Presses (Class A).

History

HISTORY

1. Repealer filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

§4192. Machines Using Full Revolution Positive Clutches.

Note • History

(a) Machines using full revolution clutches shall incorporate a single-stroke control.

Exception: Automatically fed machines with the point of operation completely protected by a fixed barrier guard.

(b) If the single-stroke control is dependent upon spring action, the spring(s) shall be of the compression-type, operating on a rod or guided within a hole or tube, and designed to prevent interleaving of the spring coils in event of breakage.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsections (c) and (d) filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4193. Machines Using Part Revolution Clutches.

Note • History

(a) The clutch shall release and the brake shall be applied when the external clutch engaging means is removed, de-activated, or de-energized.

(b) A red color stop control shall be provided with the clutch/brake control system. Momentary operation of the stop control shall immediately de-activate the clutch and apply the brake. The stop control shall override any other control, and re-actuation of the clutch shall require use of the operating (tripping) means which has been selected.

Exception: Mechanical press brakes.

(c) A means of selecting Off, “Inch,” Single Stroke, and Continuous (when the continuous function is furnished) shall be supplied with the clutch/brake control to select type of operation of the press. Fixing of selection shall be by means capable of supervision by the employer.

(d) The “Inch” operating means shall be designed to prevent exposure of the worker's hands within the point of operation by:

(1) Requiring the concurrent use of both hands to actuate the clutch, or

(2) Being a single control protected against accidental actuation and so located that the worker cannot reach into the point of operation while operating the single control.

(e) Two-hand controls for single stroke shall conform to the following requirements:

(1) Each hand control shall be protected against unintended operation and arranged by design, construction, and/or separation so that the concurrent use of both hands is required to activate the press.

(2) The control system shall be designed to require concurrent pressure from both hands during the die closing portion of the stroke.

(3) The control system shall incorporate an antirepeat feature.

(4) The control systems shall be designed to require release of all operators' hand controls before an interrupted stroke can be resumed.

(f) Controls for more than one operating station shall be designed to be activated and deactivated in complete sets of two operators' hand controls per operating station by means capable of being supervised by the employer. The clutch/brake control system shall be designed and constructed to prevent actuation of the clutch if all operating stations are bypassed.

(g) Those clutch/brake control systems which contain both single and continuous functions shall be designed so that completion of continuous circuits may be supervised by the employer. The initiation of continuous run shall require a prior action or decision by the operator in addition to the selection of Continuous on the stroking selector, before actuation of the operating means will result in continuous stroking.

(h) If foot and hand controls are provided, the selection method between hand and foot control shall be separate from the stroking selector and shall be designed so that the selection may be supervised by the employer.

(1) For those machines using pull back or restraining devices, the control system shall be such that when the foot control is used the necessary safeguards shall be required before the machine will operate.

(i) The control of air-clutch machines shall be designed to prevent a significant increase in the normal stopping time due to a failure within the operating valve mechanism, and to inhibit further operation if such failure does occur. This requirement shall not apply to machines intended only for continuous, automatic feeding applications.

(j) The clutch/brake control shall automatically de-activate in event of failure of the power or pressure supply for the clutch engaging means. Re-activation of the clutch shall require restoration of normal supply and the use of the activating control(s).

(k) The clutch/brake control shall automatically de-activate in event of failure of the counter-balance(s) air supply. Re-activation of the clutch shall require restoration of normal air supply and use of the activating control(s).

(l) Selection of bar operation shall be by means capable of being supervised by the employer. A separate pushbutton shall be employed to activate the clutch, and the clutch shall be activated only if the driver motor is de-energized.

(m) Where the operator feeds or removes parts by placing one or both hands in the point of operation, and a two-hand control, presence sensing device or Type B gate or movable barrier is used for safeguarding:

(1) The employer shall use a control system and a brake monitor which comply with Sections 4193(o) and 4200(b).

(2) The control of air clutch machines shall be designed to prevent a significant increase in the normal stopping time due to a failure within the operating valve mechanism, and to inhibit further operation if such failure does occur, where a part revolution clutch is employed.

(n) The employer shall provide means for handling scrap from roll feed or random length stock operations. Scrap cutters used in conjunction with scrap handling systems shall be safeguarded in accordance with Section 4236.

(o) When required by Section 4193(m) the control system shall be constructed so that a failure within the system does not prevent the normal stopping action from being applied to the press when required, but does prevent initiation of a successive stroke until the failure is corrected. The failure shall be detectable by a simple test, or indicated by the control system. This requirement does not apply to those elements of the control system which have no effect on the protection against point of operation injuries.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4194. Slide Counter-Balance Systems.

Note • History

(a) Spring counter-balance systems when used shall incorporate means to retain system parts in event of breakage.

(b) Spring counter-balances when used, shall have the capability to hold the slide and its attachments at midstroke, without brake applied.

(d) Air counter-balance cylinders shall have adequate capability to hold the slide and its attachments at any point in stroke, without brake applied.

(e) Air counter-balance cylinders shall incorporate means to prevent failure of capability (sudden loss of pressure) in event of air supply failure.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New NOTE filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4195. Air Controlling Equipment.

Note • History

Air controlling equipment shall be protected against foreign material and water entering the pneumatic system of the power operated press. A means of air lubrication shall be provided when needed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4196. Hydraulic Equipment.

Note • History

The maximum anticipated working pressures in any hydraulic system on a mechanical power operated press shall not exceed the safe working pressure rating of any component used in that system.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4197. Design, Construction, Setting and Feeding of Dies.

Note • History

(a) General. It shall be the responsibility of the employer to:

(1) Use dies, safety devices and operating methods designed to eliminate hazards to operating personnel, and,

(2) Furnish and enforce the use of hand tools for freeing and removing stuck work or scrap pieces from the dies to avoid requiring the operator or other personnel from reaching into the point of operation.

Note: The employer should consider the design and use of dies and feeding mechanisms to eliminate the need of an operator(s) to place his/her hand(s) in the point of operation.

(b) Provision shall be made in both the upper and lower shoes for securely mounting the die to the bolster and slide. Where clamp caps or set screws are used in conjunction with punch stems, additional means of securing the upper shoe to the slide shall be used.

(d) If unitized tooling is used, the opening between the top of the punch holder and the face of the slide, or striking pad, shall be guarded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment of subsections(a) and (d) filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4198. Tonnage, Stroke, and Weight Designation.

Note • History

(a) All dies shall be:

(1) Stamped with the tonnage and stroke requirements, or have these characteristics recorded if these records are readily available to the die setter;

(2) Stamped to indicate upper die weight when necessary for air counter-balance pressure adjustment; and,

(3) Stamped to indicate complete die weight when handling equipment may become overloaded.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Repealer of subsections (b) and (c) filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. New NOTE filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4199. Diesetting.

Note • History

(a) The employer shall establish a diesetting procedure that will ensure compliance with this section.

(1) The employer shall provide spring loaded turnover bars for power operated presses designed to accept such turnover bars.

(2) The employer shall provide die stops or other means to prevent losing control of the die while setting or removing dies in power operated presses which are inclined.

(3) The employer shall provide and enforce the use of safety blocks for use whenever dies are being adjusted or repaired in the power operated press.

Exception: Press brakes using general purpose dies.

(4) The employer shall provide brushes, swabs, lubricating rolls, and automatic or manual pressure guns so that operators and diesetters shall not be required to reach into the point of operation or other hazard areas to lubricate material, punches or dies.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4200. Brakes.

Note • History

(a) Brakes provided for stopping or holding a slide movement shall be inherently self-engaging by requiring power or force from an external source to cause disengagement. Brake capacity shall be sufficient to stop the motion of the slide quickly and capable of holding the slide and its attachments at any point in its travel.

(b) Brake System Monitoring. When required by Section 4193(m) of this section, the brake monitor shall meet the following requirements:

(1) Be so constructed as to automatically prevent the activation of a successive stroke if the stopping time or braking distance deteriorates to a point where the safety distance being utilized does not meet the requirements set forth in Section 4208(c)(4) or (g)(3). The brake monitor used with the Type B gate, movable barrier device, or presence sensing device shall be installed in a manner to detect slide top-stop overrun beyond the normal limit reasonably established by the employer.

(2) Be installed on a press in such a manner that it indicates when the performance of the braking system has deteriorated to the extent described in Subsection (b)(1) of this section; and

(3) Be constructed and installed in a manner to monitor brake system performance on each stroke.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4201. Pressure Vessels.

Note • History

All pressure vessels used in conjunction with power operated presses shall comply with Unfired Pressure Vessel Safety Orders.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

2. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4202. Inspection, Maintenance and Modification of Power Operated Presses.

Note • History

(a) The employer shall establish and follow a program of periodic and regular inspections of power operated presses to ensure that all parts, auxiliary equipment, and safeguards are in a safe operating condition and adjustment.

(b) A functional performance check shall be conducted at least once a week to determine the safe operating condition of the clutch/brake mechanism, anti-repeat feature and single stroke control. Necessary maintenance or repair or both shall be performed and completed before the press is operated. These requirements do not apply to those presses which comply with Sections 4200(b) and 4193(o).

(c) The employer shall maintain a certification record of inspections, tests, and maintenance work which includes the date of the inspection, test, or maintenance; the signature of the person who performed the inspection, test, or maintenance; and the serial number or other identifier of the press that was inspected, tested, or maintained.

(d) Any person who modifies a power operated press shall furnish instructions with the modifications to establish new or changed guidelines for use and care of the modified power operated press.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment of subsection (b) filed 3-2-76; effective thirtieth day thereafter (Register 76, No. 10).

3. Amendment of subsections (a) and (d) filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

4. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

5. Amendment of subsection (c) filed 3-5-90; operative 4-4-90 (Register 90, No. 12).

§4203. Training.

Note • History

(a) The employer shall ensure the continuing competence of personnel inspecting and maintaining power operated presses.

(b) The employer shall train and instruct the operator in the safe method of work before starting work on any operation covered by this section. The employer shall ensure by adequate supervision that correct operating procedures are being followed.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

2. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4204. Electrical.

Note • History

(a) All clutch/brake control electrical circuits shall be protected against the possibility of an accidental ground in the control circuit causing false operation of the power operated press.

(b) Electrical clutch/brake control circuits shall incorporate features to minimize the possibility of an unintended stroke in the event of the failure of a control component to function properly, including relays, limit switches, and static output circuits.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4205. Forward Drive Motor Interlocks.

Note • History

The clutch/brake control shall incorporate an automatic means to prevent initiation or continued activation of the single stroke or continuous functions unless the power operated press drive motor is energized and in the forward direction.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44). For history of former Section 4205, See Register 75, No. 29.

§4206. Safeguarding the Point of Operation.

Note • History

(a) General. The employer shall provide and ensure the use of properly applied and adjusted point of operation devices or guards for every operation performed on a power operated press.

(b) Where point of operation guards are used in conjunction with point of operation devices, the safeguarding shall meet the requirements of Article 55.

Exception: When the point of operation opening is one-fourth-inch or less. See Figure G-8.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment filed 11-17-82; effective thirtieth day thereafter (Register 82, No. 47).

3. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4207. Point of Operation Guards.

Note • History

(a) Every point of operation guard shall meet the following design, construction, application, and adjustment requirements:

(1) It shall prevent entry of hands or fingers into the point of operation by reaching through, over, under or around the guard;

(2) It shall conform to the maximum permissible openings of Figure G-8 and Table G-3;

(3) It shall, in itself, create no pinch point between the guard and moving machine parts;

(4) A hand tool such as a box, open end or adjustable wrench, socket or key wrench shall be required to remove the guard.

(5) It shall facilitate its inspection, and

(6) It shall offer maximum visibility of the point of operation consistent with the other requirements.

(b) A die enclosure guard shall be attached to the die shoe or stripper in a fixed position.

(c) An interlocked press barrier guard shall be attached to the press frame or bolster and shall be interlocked with the press clutch control so that the clutch cannot be activated unless the guard itself, or the hinged or movable sections of the guard are in position to conform to the maximum permissible openings of Figure G-8 and Table G-3.

(d) The hinged or movable sections of an interlocked press barrier guard shall not be used for manual feeding. The guard shall prevent opening of the interlocked section and reaching into the point of operation prior to die closure or prior to the cessation of slide motion. See Section 4208(b) regarding manual feeding through interlocked press barrier devices.

(e) The adjustable or fixed barrier guard shall be securely attached to the press bed, bolster plate, or die shoe, and shall be adjusted and operated in conformity with Figure G-8 and Table G-3. Adjustments shall be made only by authorized personnel whose qualifications include a knowledge of the provisions of Figure G-8 and Table G-3.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85, No. 44).

§4208. Point of Operation Devices.

Note • History

(a) Point of operation devices shall protect the operator by:

(1) Preventing and/or stopping normal stroking of the press if the operator's hands are inadvertently placed in the point of operation; or

(2) Preventing the operator from inadvertently reaching into the point of operation; or

(3) Withdrawing the operator's hands if they are inadvertently located in the point of operation, as the dies close; or

(4) Preventing the operator from inadvertently reaching into the point of operation at all times; or

(5) Requiring application of both of the operator's hands to machine operating controls and locating such controls at such a safety distance from the point of operation that the slide completes the downward travel or stops before the operator can reach into the point of operation with his hands; or

(6) Enclosing the point of operation before a press stroke can be initiated, and maintaining this closed condition until the motion of the slide has ceased; or

(7) Enclosing the point of operation before a press stroke can be initiated, so as to prevent an operator from reaching into the point of operation prior to die closure or prior to cessation of slide motion during the downward stroke.

(b) A gate or movable barrier device shall protect the operator as follows:

(1) A Type A gate or movable barrier device shall protect the operator in the manner specified in subsection (a)(6) of this section, and

(2) A Type B gate or movable barrier device shall protect the operator in the manner specified in subsection (a)(7) of this section.

(c) A presence sensing point of operation device shall protect the operator as provided in subsection (a) (1) of this section, and shall be interlocked into the control circuit to prevent or stop slide motion if any part of the operator's hand or other part of his/her body is within the sensing field of the device during the downstroke of the press slide.

(1) The device shall not be used on machines using full revolution clutches.

(2) The device shall not be used as a tripping means to initiate slide motion, except when used in conformance with section 4208.1.

(3) The device shall be constructed so that a failure within the system does not prevent the normal stopping action from being applied to the press when required, but does prevent the initiation of a successive stroke until the failure is corrected. The failure shall be indicated by the system.

NOTE: Muting (bypassing of the protective function) of such device, during the upstroke of the press slide is permitted for the purpose of parts ejection, circuit checking, feeding and when material in contact with the dies being formed on a press brake passes through the sensing field.

(4) The safety distance (Ds) from the sensing field to the point of operation shall be greater than the distance determined by the following formula:

Ds = 63 inches/seconds X Ts

where:

Ds = minimum safety distance (inches); 63 inches/second = hand speed constant; and

Ts = stopping time of the press measured at approximately 90o position of crankshaft rotation (seconds).

(5) Guards shall be used to protect all areas of entry to the point of operation not protected by the presence sensing device.

(d) The pull-out device shall protect the operator as specified in subsection (a)(3) of this section, and shall include attachments of each of the operator's hands.

(1) Attachments shall be connected to and operated only by the press slide or upper die.

(2) Attachments shall be adjusted to prevent the operator from reaching into the point of operation or to withdraw the operator's hands from the point or operation before the dies close.

(3) A separate pull-out device shall be provided for each operator if more than one operator is used on a press.

(4) Each pull-out device in use shall be visually inspected and checked for proper adjustment at the start of each operator shift, following a new die set-up, and when operators are changed. Necessary maintenance or repair or both shall be performed and completed before the press is operated. Records of inspections and maintenance shall be kept in accordance with section 4202.

(e) The sweep device shall not be used of point of operation safeguarding.

(f) A holdout or a restraint device shall protect the operator as specified in subsection (a)(4) and shall include attachments for each of the operator's hands. Such attachments shall be securely anchored and adjusted in such a way that the operator is restrained from reaching into the point of operation. A separate set of restraints shall be provided for each operator if more than one operator is required on a press.

(g) The two-hand control device shall protect the operator as specified in subsection (a) (5) of this section.

(1) When used in press operations requiring more than one operator, separate two-hand controls shall be provided for each operator, and shall be designed to require concurrent application of all operators' controls to activate the slide. The removal of a hand from any control button shall cause the slide to stop.

(2) Each two-hand control shall meet the construction requirements of section 4193 (e).

(3) The safety distance (Ds) between the closest hand control device and the point of operation shall be greater than the distance determined by the following formula;

Ds = 63 inches/seconds X Ts; where:

Ds = minimum safety distance (inches); 63 inches/second = hand speed constant;and

Ts = stopping time of the press measured at approximately 90o position of crankshaft rotation (seconds).

(4) Two-hand controls shall be locked in position and shall be moved only by a qualified person authorized by the supervisor or if pedestal or pendant mounted, the location of the pedestal shall be determined by the employer in association with the requirements in subsection (g)(3).

(h) The two-hand trip device shall protect the operator as specified in subsection (a)(5) of this section.

(1) When used in press operations requiring more than one operator, separate two-hand trips shall be provided for each operator, and shall be designed to require concurrent application of all operator's controls to activate the slide.

(2) Each two-hand trip shall meet the construction requirements of section 4193(e).

(3) The safety distance (Dm) between closest two-hand trip and the point of operation shall be greater than the distance determined by the following formula:

Dm = 63 inches/second X Tm;

where:Dm -- minimum safety distance (inches); 63 inches/second = hand speed constant; and

Tm = The maximum time the press takes for the die closure after it has been tripped (seconds). For full revolution clutch presses with only one engaging point Tm is equal to the time necessary for one and one-half revolutions of the crankshaft. For full revolution clutch presses with more than one engaging point, Tm shall be calculated as follows:

Embedded Graphic 08.0419

(4) Two-handed trips shall be locked in position and shall be moved only by a qualified person authorized by the supervisor or if pedestal or pendant mounted, the location of the pedestal shall be determined by the employer in association with the requirements in subsection (h)(3).

(i) Hand feeding tools are intended for placing and removing materials in and from the press. Hand feeding tools are not a point of operation guard or protection device and shall not be used in lieu of the “guards” or devices required in this section.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 7-17-75; effective thirtieth day thereafter (Register 75, No. 29).

2. Amendment of subsection (h)(2) filed 7-13-78; effective thirtieth day thereafter (Register 78, No. 28).

3. Amendment of subsection (e) filed 2-20-80; effective thirtieth day thereafter (Register 80, No. 8).

4. Amendment filed 10-31-85; effective thirtieth day thereafter (Register 85,No. 44).

5. Amendment of subsection (c)(2) filed 4-20-90; operative 5-20-90 (Register 90, No. 20).

6. Editorial correction of subsection (b)(1) (Register 97, No. 6).

Appendix A

Requirements for Certification/Validation of Safety Systems for Presence Sensing Device Initiation of Mechanical Power Presses

Purpose

The purpose of the certification/validation of safety systems for presence sensing device initiation (PSDI) of mechanical power presses is to ensure that the safety systems are designed, installed, and maintained in accordance with all applicable requirements of sections 4192 through 4211 and this Appendix A.

General

The certification/validation process shall utilize an independent third-party validation organization recognized by the U.S. Labor Department, Occupational Safety and Health Administration (OSHA) in accordance with the requirements specified in Appendix C of paragraph (h), 29 CFR 1910.217, revised March 14, 1988 which is hereby incorporated by reference.

While the employer is responsible for assuring that certification/validation requirements in section 4208.1(k) are fulfilled, the design certification of PSDI safety systems may be initiated by manufacturers, employers, and/or their representatives. The term “manufacturers” refers to the manufacturer of any of the components of the safety system. An employer who assembles a PSDI safety system would be a manufacturer as well as employer for purposes of section 4208.1 and this Appendix A.

The certification/validation process includes two stages. For design certification, in the first stage, the manufacturer (which can be an employer) certifies that the PSDI safety meets the applicable requirements of sections 4192 through 4211 and this Appendix A, based on appropriate design criteria and tests. In the second stage, the Division-recognized third-party validation organization validates that the PSDI safety system meets the applicable requirements of sections 4192 through 4211 and this Appendix A and the manufacturer's certification by reviewing the manufacturer's design and test data and performing any additional reviews required by sections 4192 through 4211.

For installation certification/validation and annual recertification/revalidation, in the first stage, the employer certifies or recertifies that the employer is installing or utilizing a PSDI safety system validated as meeting the applicable design requirements of sections 4192 through 4211 and this Appendix A by a Division-recognized third-party validation organization and that the installation, operation and maintenance meet the applicable requirements of sections 4192 through 4211 and this Appendix A. In the second stage, the Division-recognized third-party validation organization validates or revalidates that the PSDI safety system installation meets the applicable requirements of sections 4192 through 4211 and this Appendix A and the employer's certification, by reviewing that the PSDI safety system has been certified; the employer's certification, designs and tests, if any; the installation, operation, maintenance and training; and by performing any additional tests and reviews which the validation organization believes is necessary.

Summary

The certification/validation of safety systems for PSDI shall consider the press, controls, safeguards, operator, and environment as an integrated system which shall comply with all of the applicable requirements in sections 4192 through 4211 and this Appendix A. The certification/validation process shall verify that the safety system complies with the safety requirements as follows:

A. Design Certification/Validation.

1. The major parts, components and subsystems used shall be defined by part number or serial number, as appropriate, and by manufacturer to establish the configuration of the system.

2. The identified parts, components and subsystems shall be certified by the manufacturer to be able to withstand the functional and operational environments of the PSDI safety system.

. The total system design shall be certified by the manufacturer as complying with the applicable requirements in sections 4192 through 4211 and this Appendix A.

4. The third-party validation organization shall validate the manufacturer's certification under paragraphs 2 and 3.

B. Installation Certification/Validation.

1. The employer shall certify that the PSDI safety system has been design certified and validated, that the installation meets the operational and environmental requirements specified by the manufacturer, that the installation drawings are accurate, and that the installation meets the applicable requirements of sections 4192 through 4211 and this Appendix A. (The operational and installation requirements of the PSDI safety system may vary for different applications.)

2. The third-party validation organization shall validate the employer's certifications that the PSDI safety system is design certified and validated, that the installation meets the installation and environmental requirements specified by the manufacturer, and that the installation meets the applicable requirements of sections 4192 through 4211 and this Appendix A.

C. Recertification/Revalidation.

1. The PSDI safety system shall remain under certification/validation for the shorter of one year; or until the system hardware is changed, modified or refurbished; or operating conditions are changed (including environmental, application or facility changes); or a failure of a critical component has occurred.

2. Annually or after a change specified in paragraph 1., the employer shall inspect and recertify the installation as meeting the requirements set forth under paragraph B., Installation Certification/Validation.

3. The third-party validation organization, annually or after a change specified in paragraph 1., shall validate the employer's certification that the requirements of paragraph B., Installation Certification/Validation, have been met.

Note: Such changes in operational conditions as die changes or press relocations not involving disassembly or revision to the safety system would not require recertification/revalidation.)

Certification/Validation Requirements

A. General Design Certification/Validation Requirements

1. Certification/Validation Program Requirements. The manufacturer shall certify and the Division-recognized third-party validation organization shall validate that:

a. The design of components, subsystems, software and assemblies meets applicable performance requirements and are ready for the intended use; and

b. The performance of combined subsystems meets applicable operational requirements.

2. Certification/Validation Program Level of Risk Evaluation Requirements. The manufacturer shall evaluate and certify, and the Division-recognized third-party validation organization shall validate the design and operation of the safety system by determining conformance with the following:

a. The safety system shall have the ability to sustain a single failure or a single operating error and not cause injury to personnel from point of operation hazards. Acceptable design features shall demonstrate, in the following order or precedence, that:

(1) No single failure points may cause injury; or

(2) Redundancy, comparison, and/or diagnostic checking exist for the critical items that may cause injury, and the electrical, electronic, electromechanical, and mechanical parts and components are selected so that they can withstand operational and external environments. The safety factor and/or derated percentage shall be specifically noted and complied with.

b. The manufacturer shall design, evaluate, test and certify, and the third-party validation organization shall evaluate and validate, that the PSDI safety system meets appropriate requirements in the following areas:

(1) Environmental Limits

(a) Temperature

(b) Relative humidity

(d) Fluid compatibility with other materials

(2) Design Limits

(a) Power Requirements

(b) Power transient tolerances

(d) Material stress tolerances and limits

(e) Stability to long term power fluctuations

(f) Sensitivity to signal acquisition

(g) Repeatability of measured parameter without inadvertent initiation of a press stroke

(h) Operational life of components in cycles, hours, or both

(i) Electromagnetic tolerance to:

1. Specific operational wave lengths; and

2. Externally generated wave lengths

systems of the same manufacture or design. Nor would it be necessary to repeat these tests in the case of modifications where determined by the manufacturer and validated by the third-party validation organization to be equivalent by similarity analysis. Minor modifications not affecting the safety of the system may be made by the manufacturer without revalidation.

Substantial modifications would require testing as a new safety system, as deemed necessary by the validation organization.

B. Additional Detailed Design Certification/Validation Requirements

1. General. The manufacturer or the manufacturer's representative shall certify to and submit to a Division-recognized third-party validation organization the documentation necessary to demonstrate that the PSDI safety system design is in full compliance with the requirements of sections 4192 through 4211 and this Appendix A, as applicable, by means of analysis, tests, or combination of both, establishing that the following additional certification/validation requirements are fulfilled.

2. Reaction Times. For the purpose of demonstrating compliance with the reaction time required by section 4208.1, the tests shall use the following definitions and requirements:

a. “Reaction time” means the time, in seconds, it takes the signal, required to activate/deactivate the system, to travel through the system, measured from the time of signal initiation to the time the function being measured is completed.

b. “Full Stop” or “No movement of the slide or ram” means when the crankshaft rotation has slowed to two or less revolutions per minute, just before stopping completely.

c. “Function completion” means for electrical, electromechanical and electronic devices, when the circuit produces a change of state in the output element of the device.

d. When the change of state is motion, the measurement shall be made at the completion of the motion.

e. The generation of the test signal introduced into the system for measuring reaction time shall be such that the initiation time can be established with an error of less than 0.5 percent of the reaction time measured.

f. The instrument used to measure reaction time shall be calibrated to be accurate to within 0.001 second.

3. Compliance with section 4208.1(b)(2). For compliance with these requirements, the average value of the stopping time (Ts) shall be the arithmetic mean of at least 25 stops for each stop angle initiation measured with the brake and/or clutch unused, 50 percent worn, and 90 percent worn. The recommendations of the brake system manufacturer shall be used to simulate or estimate the brake wear. The manufacturer's recommended minimum lining depth shall be identified and documented, and an evaluation made that the minimum depth will not be exceeded before the next (annual) recertification/revalidation. A correlation of the brake and/or clutch degradation based on the above tests and/or estimates shall be made and documented. The results shall document the conditions under which the brake and/or clutch will and will not comply with the requirement. Based upon this determination, a scale shall be developed to indicate the allowable 10 percent of the stopping time at the top of the stroke for slide or ram overtravel due to brake wear. The scale shall be marked to indicate that brake adjustment and/or replacement is required. The explanation and use of the scale shall be documented.

The test specification and procedure shall be submitted to the validation organization for review and validation prior to the test. The validation organization representative shall witness at least one set of tests.

4. Compliance with sections 4208.1(e)(3) and (i)(6). Each reaction time required to calculate the Safety Distance, including the brake monitor setting, shall be documented in separate reaction time tests. These tests shall specify the acceptable tolerance band sufficient to assure that tolerance build-up will not render the safety distance unsafe.

a. Integrated test of the press fully equipped to operate in the PSDI mode shall be conducted to establish the total system reaction time.

b. Brakes which are the adjustable type shall be adjusted properly before the test.

5. Compliance with section 4208.1(b)(3).

a. Prior to conducting the brake system test required by section 4208.1(b)(2), a visual check shall be made of the springs. The visual check shall include a determination that the spring housing or rod does not show damage sufficient to degrade the structural integrity of the unit and the spring does not show any tendency to interleave.

b. Any detected broken or unserviceable springs shall be replaced before the test is conducted. The test shall be considered successful if the stopping time remains within that which is determined by section 4208.1(i)(6), for the safety distance setting. If the increase in press stopping time exceeds the brake monitor setting limit defined in section 4208.1(e)(3), the test shall be considered unsuccessful and the cause of the excessive stopping time shall be investigated. It shall be ascertained that the springs have not been broken and that they are functioning properly.

6. Compliance with section 4208.1(g).

a. Tests which are conducted by the manufacturers of electrical components to establish stress, life, temperature and loading limits must be tests which are in compliance with the provisions of the National Electrical Code.

b. Electrical and/or electronic cards or boards assembled with discreet components shall be considered a subsystem and shall require separate testing that the subsystems do not degrade in any of the following conditions:

(1) Ambient temperature variation from 20o C to -50o C.

(2) Ambient relative humidity of 99 percent.

(3) Vibration of 45G for one millisecond per stroke when the item is to be mounted on the press frame.

(4) Electromagnetic interference at the same wavelengths used for the radiation sensing field, at the power line frequency fundamental and harmonics, and also from autogenous radiation due to system switching.

(5) Electrical power supply variations of -15 percent.

c. The manufacturer shall specify the test requirements and procedures from existing consensus tests in compliance with the provisions of the National Electrical Code.

d. Tests designed by the manufacturer shall be made available upon request to the validation organization. The validation organization representative shall witness at least one set of each of these tests.

7. Compliance with section 4208.1(i)(5).

a. The manufacturer shall design a test to demonstrate that the prescribed minimum object sensitivity of the presence sensing device is met.

b. The test specifications and procedures shall be made available upon request to the validation organization.

8. Compliance with section 4208.1(i)(11).

a. The manufacturer shall design a test(s) to establish the hand tool extension diameters allowed for variations in minimum object sensitivity response.

b. The test(s) shall document the range of object diameter sizes which will produce both single and double break conditions.

c. The test(s) specifications and procedures shall be made available upon request to the validation organization.

9. Integrated Tests Certification/Validation.

a. The manufacturer shall design a set of integrated tests to demonstrate compliance with the following requirements:

Sections 4208.1 f(2), (3), (4), (5), (6), (7), (8), (9), (11), (12), (13), (14) and (16).

b. The integrated test specifications and procedures shall be made available to the validation organization.

10. Analysis.

a. The manufacturer shall submit to the validation organization the technical analysis such as Hazard Analysis, Failure Mode and Effect Analysis, Stress Analysis, Component and Material Selection Analysis, Fluid Compatibility, and/or other analyses which may be necessary to demonstrate compliance with the following requirements:

Sections 4201.8 (b)(1), (3),; (c)(1)(A), (c)(1)(C), (c)(2); (e)(1), (2), (3); (f)(1), (3), (4), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16); (g); (h)(1), (2); (i)(5), (6), (9), (10), (11); (j)(1) and (2).

11. Types of tests Acceptable for Certification/Validation.

a. Test results obtained from development testing may be used to certify/validate the design.

b. The test results shall provide the engineering data necessary to establish confidence that the hardware and software will meet specifications; the manufacturing process has adequate quality control; and the data acquired was used to establish processes, procedures, and test levels supporting subsequent hardware design, production, installation and maintenance.

12. Validation for Design Certification/Validation.

If, after review of all documentation, tests, analyses, manufacturer's certifications, and any additional tests which the third-party validation organization believes are necessary , the third-party validation organization determines that the PSDI safety system is in full compliance with the applicable requirements of sections 4192 through 4211 and this Appendix A, it shall validate the manufacturer's certification that it so meets the stated requirements.

C. Installation Certification/Validation Requirements

1. The employer shall evaluate and test the PSDI system installation, shall submit to the Division-recognized third-party validation organization the necessary supporting documentation, and shall certify that the applicable requirements of sections 4192 through 4211 and this Appendix A have been met and that the installation is proper.

2. The Division-recognized third-party validation organization shall conduct tests, and/or review and evaluate the employer's installation tests, documentation and representations. If it so determines, it shall validate the employer's certification that the PSDI safety system is in full conformance with all applicable requirements of sections 4192 through 4211 and this Appendix A.

D. Recertification/Revalidation Requirements

1. A PSDI safety system which has received installation certification/validation shall undergo recertification/revalidation the earlier of:

a. Each time the systems hardware is significantly changed, modified, or refurbished;

b. Each time the operational conditions are significantly changed (including environmental, application or facility changes, but excluding such changes as die changes or press relocations not involving revision to the safety system);

c. When a failure of a significant component has occurred or a change has been made which may affect safety; or

d. When one year has elapsed since the installation certification/validation or the last recertification/revalidation.

2. Conduct of recertification/revalidation. The employer shall evaluate and test the PSDI safety system installation, shall submit to the Division-recognized third-party validation organization the necessary supporting documentation, and shall recertify that the applicable requirements of sections 4192 through 4211 and this Appendix are being met. The documentation shall include, but not be limited to, the following items:

a. Demonstration of a thorough inspection of the entire press and PSDI safety system to ascertain that the installation, components and safeguarding have not been changed, modified or tampered with since the installation certification/validation or last recertification/revalidation was made.

b. Demonstrations that such adjustments as may be needed (such as to the brake monitor setting) have been accomplished with proper changes made in the records and on such notices as are located on the press and safety system.

c. Demonstration that review has been made of the reports covering the design certification/validation, the installation certification/validation, and all recertification/revalidations in order to detect any degradation to an unsafe condition, and that necessary changes have been made to restore the safety system to previous certification/validation levels.

3. The Division-recognized third-party validation organization shall conduct tests, and/or review and evaluate the employer's installation, tests, documentation and representations. If it so determines, it shall revalidate the employer's recertification that the PSDI system is in full conformance with all requirements of sections 4192 through 4211 and this Appendix A.

HISTORY

1. New Appendix A filed 4-20-90; operative 5-20-90 (Register 90, No. 20).

§4208.1. Presence Sensing Device Initiation (PSDI).

Note • History

(a) General. The requirements of section 4208.1 shall apply to all part revolution mechanical power presses used in the PSDI mode of operation.

(1) The applicable requirements of sections 4192 through 4211 shall apply to all presses used in the PSDI mode of operation, whether or not crossed referenced in this section. Such cross-referencing of specific requirements from sections 4192 through 4211 is intended only to enhance convenience and understanding in relating the new provisions to the existing standard, and is not to be construed as limiting the applicability of other provisions in sections 4192 through 4211.

(2) Full revolution mechanical power presses shall not be used in the PSDI mode of operation.

(3) Mechanical power presses with a configuration which would allow a person to enter, pass through, and become clear of the sensing field into the hazardous portion of the press shall not be used in the PSDI mode of operation.

(4) The PSDI mode of operation shall be used only for normal production operations. Die-setting and maintenance procedures shall comply with sections 4192 through 4211, and shall not be done in the PSDI mode.

(b) Brake and Clutch Requirements.

(1) Presses with flexible steel band brakes or with mechanical linkage actuated brakes or clutches shall not be used in the PSDI mode.

(2) Brake systems on presses used in the PSDI mode shall have sufficient torque so that each average value of stopping times (Ts) for stops initiated at approximately 45 degrees, 60 degrees, and 90 degrees, respectively, of crankshaft angular position, shall not be more than 125 percent of the average value of the stopping time at the top crankshaft position. Compliance with this requirement shall be determined by using the heaviest upper die to be used on the press, and operating at the fastest press speed if there is speed selection.

(3) Where brake engagement and clutch release is effected by spring action, such spring(s) shall operate in compression on a rod or within a hole or tube, and shall be of non-interleaving design.

(1) Air Valve and Air Pressure Supply/Control.

(A) The requirements of sections 4193j, 4193k, 4195, 4201, and 4193(i) apply to the pneumatic systems of machines used in the PSDI mode.

(B) The air supply for pneumatic clutch/brake control valves shall incorporate a filter, an air regulator, and, when necessary for proper operation, a lubricator.

(C) The air pressure supply for clutch/break valves on machines used in the PSDI mode shall be regulated to pressures less than or equal to the air pressure used when making the stop time measurements required by section 4208.1(b)(2).

(2) Air Counterbalance Systems.

(A) Where presses that have slide counterbalance systems are used in the PSDI mode, the counterbalance system shall also meet the requirements of section 4194.

(B) Counterbalances shall be adjusted in accordance with the press manufacturer's recommendations to assure correct counterbalancing of the slide attachment (upper die) weight for all operations performed on presses used in the PSDI mode. The adjustments shall be made before performing the stopping time measurements required by paragraphs (b)(2), (e)(3), and (i)(6) of this section.

(d) Flywheels and Bearings.

(1) Presses whose design incorporates flywheels running on journals on the crankshaft or back shaft, or bull gears running on journals mounted on the crankshaft, shall be inspected, lubricated, and maintained as provided in paragraph (j) of this section to reduce the possibility of unintended and uncontrolled press strokes caused bearing seizure.

(e) Brake Monitoring.

(1) Presses operated in the PSDI mode shall be equipped with a brake monitor that meets the requirements of sections 4193(o) and 4200(b). In addition, the brake monitor shall be adjusted during installation certification to prevent successive stroking of the press, if increases in stopping time cause an increase in the safety distance above that required by paragraph (i)(6) of this section.

(2) Once the PSDI safety system has been certified/validated, adjustment of the brake monitor shall not be done without prior approval of the validation organization for both the brake monitor adjustment and the corresponding adjustment in the safety distance. The validation organization shall in its installation validation, state that in what circumstances, if any, the employer has advance approval for adjustment, when prior oral approval is appropriate, and when prior approval must be in writing. The adjustment shall be done under the supervision of an authorized person whose qualifications include knowledge of safety distance requirements and experience with the brake system and its adjustment. When brake wear or other factors extend press stopping time beyond the limit permitted by the brake monitor; adjustment, repair or maintenance shall be performed on the brake or other press system element that extends the stopping time.

(3) The brake monitor setting shall allow an increase of no more than 10 percent of the longest stopping time for the press or 10 milliseconds, whichever is longer, measured at the top of the stroke.

(f) Cycle Control and Control Systems.

(1) The control system on presses used in the PSDI mode shall meet the applicable requirements of sections 4193, 4204, 4193(o), and 4193(m).

(2) The control system shall incorporate a means of dynamically monitoring for decoupling of the rotary position indicating mechanism drive from the crankshaft. This monitor shall stop slide motion and prevent successive press strokes if decoupling occurs, or if the monitor itself fails.

(3) The mode selection means of section 4193(c) shall have at least one position for selection of the PSDI mode. Where more than one interruption of the light sensing field is used in the initiation of the stoke, either the mode selection means must have one position for each function or a separate selection means shall be provided which becomes operable when the PSDI mode is selected. Selection of PSDI mode and the number of interruptions/withdrawals of the light sensing field required to initiate a press cycle shall be by means capable of supervision by the employer.

(4) A PSDI set-up/reset means shall be provided which requires an overt action by the operator, in addition to PSDI mode selection, before operation of the press by means of PSDI can be started.

(5) An indicator visible to the operator and readily seen by the employer shall be provided which shall clearly indicate that the system is set-up for cycling in the PSDI mode.

(6) The control system shall incorporate a timer to deactivate PSDI when the press does not stroke within the period of time set by the timer. The timer shall be manually adjustable, to a maximum time of 30 seconds. For any timer setting greater than 15 seconds, the adjustment shall be made by the use of a special tool available only to authorized persons. Following a deactivation of PSDI by the timer, the system shall make it necessary to reset the set-up/reset means in order to reactivate the PSDI mode.

(7) Reactivation of PSDI operation following deactivation of the PSDI mode from any other cause, such as activation of the red color stop control required by section 4193(b), interruption of the presence sensing field, opening of an interlock, or reselection of the number of sensing field interruptions/withdrawals required to cycle the press, shall require resetting of the set-up/reset means.

(8) The control system shall incorporate an automatic means to prevent initiation or continue operation in the PSDI mode, unless the press drive motor is energized in the forward direction of crankshaft rotation.

(9) The control design shall preclude any movement of the slide caused by operation of power on, power off, selector switches, or from checks for proper operations as required by section 4208.1(f)(13).

(10) All components and subsystems of the control system shall be designed to operate together to provide total control system compliance with the requirements of this section.

(11) Where there is more than one operator of a press used for PSDI, each operator shall be protected by a separate, independently functioning, presence sensing device. The control system shall require that each sensing field be interrupted, the selected number of times prior to initiating a stroke. Further, each operator shall be provided with a set-up/reset means that meets the requirements of section 4208.1(f), and which must be actuated to initiate operation of the press in the PSDI mode.

(12) The control system shall incorporate interlocks for supplemental guards, if used, which will prevent stroke initiation or will stop a stroke in progress if any supplemental guard fails or is deactivated.

(13) The control system shall perform checks for proper operation of all cycle control logic element switches and contacts at least once each cycle. Control elements shall be checked for correct status after power “on” and before the initial PSDI stroke.

(14) The control system shall have provisions for an “inch” operating means meeting the requirements of section 4193(d). Die-setting shall not be done in the PSDI mode. Production shall not be done in the “inch” mode.

(15) The control system shall permit only a single stroke per initiation command.

(16) Controls with internally stored programs (e.g., mechanical, electro-mechanical, or electronic) shall meet the requirements of section 4193(o), and shall default to a predetermined safe condition in the event of any single failure within the system. Programmable controllers which meet the requirements for controls with internally stored programs stated above, shall be permitted only if all logic elements affecting the safety system and point of operation safety are internally stored and protected in such a manner that they cannot be altered or manipulated by the user to an unsafe condition.

(g) Environmental Requirements. Control components shall be selected, constructed, and connected together in such a way as to withstand expected operational and environmental stresses, at least including those outlined in Appendix A. Such stresses shall not so affect the control system as to cause unsafe operation.

(h) Safety System.

(1) Mechanical power presses used in the PSDI mode shall be operated under the control of a safety system which, in addition to meeting the applicable requirements of sections 4193(o) and 4193(m) and other applicable provisions of this section, shall function such that a single failure or single operating error shall not cause injury to personnel from point of operation hazards.

(2) The safety system shall be designed, constructed, and arranged as an integral total system including all elements of the press; the controls; the safeguarding, any required supplemental safeguarding, and their interfaces with the operator; and that part of the environment which has effect on the protection against point of operation hazards.

(i) Safeguarding the Point of Operation.

(l) The point of operation of presses operated in the PSDI mode shall be safeguarded in accordance with the requirements of section 4206, except that the safety distance requirement of section 4208.1(i)(6) shall be used for PSDI operation.

(2) PSDI shall be implemented only by use of light curtain (photoelectric) presence sensing devices which meet the requirements of paragraph 4208(c)(3), unless the requirements of the following paragraph have been met.

(3) Alternatives to photo-electric light curtains may be used for PSDI when the employer can demonstrate, through tests and analysis by the employer or the manufacturer, that the alternative is as safe as the photo-electric light curtain, that the alternative meets the conditions of this section, and that the alternative has the same long term reliability as light curtains and can be integrated into the entire safety system as provided for in this section. Prior to use, both the employer and manufacturer must certify that these requirements and all the other applicable requirements of this section are met, and these certifications must be validated by a Division-recognized third-party validation organization to meet these additional requirements and all the other applicable requirements of sections 4192 through 4211 and Appendix A of this section. Three months prior to the operation of any alternative system, the employer must notify the Division of the name of the system to be installed, the manufacturer, and the Division-recognized third-party validation organization. Upon request, the employer must make available to the Division all tests and analyses for Division review.

(4) Individual sensing fields of presence sensing devices used to initiate strokes in the PSDI mode shall cover only one side of the press.

(5) Light curtains used for PSDI operation shall have minimum object sensitivity not to exceed one and one-fourth inches. Where light curtain object sensitivity is user-adjustable, either discretely or continuously, design features shall limit the minimum object sensitivity adjustment not exceed one and one-fourth inches. Blanking of the sensing field is not permitted.

(6) The safety distance (Ds) from the sensing field of the presence sensing device to the point of operation shall be greater than or equal to the distance determined by the formula:

Ds = Hs (Ts + Tp + Tr + 2Tm) + Dp

Where:

Ds = Minimum safety distance.

Hs = Hand speed constant of 63 inches per second.

Ts = Longest press stopping time, in seconds, computed by taking averages of multiple measurements at each of three positions (45 degrees, 60 degrees, and 90 degrees) of crankshaft angular position; the longest of the three averages is the stopping time to use. (Ts is defined as the sum of the kinetic energy dissipation time plus the pneumatic/magnetic/hydraulic reaction time of the clutch/brake operating mechanism(s).)

Tp = Longest presence sensing device response time, in seconds.

Tr = Longest response time, in seconds, of all interposing control elements between the presence sensing device and the clutch/brake operating mechanism(s).

Tm = Increase in the press stopping time at the top of the stroke, in seconds, allowed by the brake monitor for brake wear. The time increase allowed shall be limited to no more than 10 percent of the longest press stopping time measured at the top of the stroke, or 10 milliseconds, whichever is longer.

Dp = Penetration depth factor, required to provide for possible penetration through the presence sensing field by fingers or hand before detection occurs. The penetration depth factor shall be determined from Figure G-9 using the minimum object sensitivity size.

Penetration Depth Factor Calculation

Figure G-9

Embedded Graphic 08.0420

(7) The presence sensing device location shall either be set at each tool change and set-up to provide at least the minimum safety distance, or fixed in location to provide a safety distance greater than or equal to the minimum safety distance for all tooling set-ups which are to be used on that press.

(8) Where presence sensing device location is adjustable, adjustment shall require the use of a special tool available only to authorized persons.

(9) Supplemental safeguarding shall be used to protect all areas of access to the point of operation which are unprotected by the PSDI presence sensing device. Such supplemental safeguarding shall consist of either additional light curtain (photo-electric) presence sensing devices or other types of guards which meet the requirements of sections 4207 and 4208.1.

(A) Presence sensing devices used as supplemental safeguarding shall not initiate a press stroke, and shall conform to the requirements of section 4208(c) and other applicable provisions of this section, except that the safety distance shall comply with section 4208.1(i)(6).

(B) Guards used as supplemental safeguarding shall conform to the design, construction and application requirements of section 4207, and shall be interlocked with the press control to prevent press PSDI operation if the guard fails, is removed, or is out of position.

(10) Barriers shall be fixed to the press frame or bolster to prevent personnel from passing completely through the sensing field, where safety distance or press configuration is such that personnel could pass through the PSDI presence sensing field and assume a position where the point of operation could be accessed without detection by the PSDI presence sensing device. As an alternative, supplemental presence sensing devices used only in the safeguard mode may be provided. If used, these devices shall be located so as to detect all operator locations and positions not detected by the PSDI sensing field, and shall prevent stroking or stop a stroke in process when any supplemental sensing field(s) are interrupted.

(11) Hand tools. Where tools are used for feeding, removal of scrap, lubrication of parts, or removal of parts that stick on the die in PSDI operations:

(A) The minimum diameter of the tool handle extension shall be greater than the minimum object sensitivity of the presence sensing device(s) used to initiate press strokes; or

(B) The length of the hand tool shall be such as to ensure that the operator's hand will be detected for any safety distance required by the press set-ups.

(j) Inspection and Maintenance.

(l) Any press equipped with presence sensing devices for use in PSDI, or for supplemental safeguarding on presses used in the PSDI mode, shall be equipped with a test rod of diameter specified by the presence sensing device manufacturer to represent the minimum object sensitivity of the sensing field. Instructions for use of the test rod shall be noted on a label affixed to the presence sensing device.

(2) The following checks shall be made at the beginning of each shift and whenever a die change is made:

(A) A check shall be performed using the test rod, according to the presence sensing device manufacturer's instructions, to determine that the presence sensing device, used for PSDI is operational.

(B) The safety distance shall be checked for compliance with section 4208.1(i)(6).

(C) A check shall be made to determine that all supplemental safeguarding is in place. Where presence sensing devices are used for supplemental safeguarding, a check for proper operation shall be performed using the test rod according to the presence sensing device manufacturer's instructions.

(D) A check shall be made to assure that the barriers and/or supplemental presence sensing devices, required by section 4208.1(i)(10), are operating properly.

(E) A system or visual check shall be made to verify correct counterbalance adjustment for die weight according to the press manufacturer's instructions, when a press is equipped with a slide counterbalance system.

(3) When presses used in the PSDI mode have flywheel or bullgear running on crankshaft mounted journals and bearings, or a flywheel mounted on back shaft journals and bearings, periodic inspections following the press manufacturer's recommendations shall be made to ascertain that bearings are in good working order, and that automatic lubrication systems for these bearings (if automatic lubrication is provided) are supplying proper lubrication. On presses with provision for manual lubrication of flywheel or bullgear bearings, lubrication shall be provided according to the press manufacturer's recommendations.

(4) Frequent inspections of clutch and brake mechanisms shall be performed to assure they are in proper operating condition. The press manufacturer's recommendations shall be followed.

(5) When any check of the press, including those performed in accordance with the requirements of section 4208.1(j)(2), (3), or (4) reveals a condition of noncompliance, improper adjustment, or failure, the press shall not be operated until the condition has been corrected by adjustment, replacement, or repair.

(6) It shall be the responsibility of the employer to ensure the competence of personnel caring for, inspecting, and maintaining power presses equipped for PSDI operation through initial and frequent training.

(k) Safety System Certification/Validation.

(l) Prior to the initial use of any mechanical press in the PSDI mode, two sets of certification and validation are required:

(A) The design of the safety system required for the use of a press in the PSDI mode shall be certified and validated prior to installation. The manufacturer's certification shall be validated by a Division-recognized third-party validation organization to meet all applicable requirements of sections 4192 through 4211 and Appendix A of section 4208.1.

(B) After a press has been equipped with a safety system whose design has been certified and validated in accordance with section 4208.1(k)(l), the safety system installation shall be certified by the employer and then shall be validated by a Division-recognized third-party validation organization to meet all applicable requirements of sections 4192 through 4211 and Appendix A of section 4208.1.

(2) At least annually thereafter, the safety system on a mechanical power press used in the PSDI mode shall be recertified by the employer and revalidated by a Division-recognized third-party validation organization to meet all applicable requirements of sections 4192 through 4211 and Appendix A of section4208.1. Any press whose safety system has not been recertified and revalidated within the preceding 12 months, shall be removed from service in the PSDI mode until the safety system is recertified and revalidated.

(3) A label shall be affixed to the press as part of each installation certification/validation and the most recent recertification/revalidation. The label shall indicate the press serial number, the minimum safety distance (Ds) required by section 4208.1(i)(6), the fulfillment of design certification/validation, the employer's signed certification, the identification of the Division-recognized third-party validation organization, its signed validation, and the date the certificate/validation and recertification/revalidation are issued.

(4) Records of the installation certification and validation and the most recent recertification and revalidation shall be maintained for each safety system equipped press by the employer, as long as the press is in use. The records shall include the manufacture and model number of each component and subsystem, the calculations of the safety distance as required by section 4208.1(i)(6), and the stopping time measurements required by section 4208.1(b)(2). The most recent records shall be made available to the Division upon request.

(5) The employer shall notify the Division-recognized third-party validation organization within five days whenever a component or a subsystem of the safety system fails or modifications are made which may affect the safety of the system. The failure of a critical component shall necessitate the removal of the safety system from service until it is recertified and revalidated, except recertification by the employer without revalidation is permitted when a non-critical component or subsystem is replaced by one of the same manufacture and design as the original, or determined by the third-party validation organization to be equivalent by similarity analysis, as set forth in Appendix A.

(6) The employer shall notify the Division-recognized third-party validation organization within five days of the occurrence of any point of operation injury while a press is used in the PSDI mode. This is in addition to the report of injury required by section 342; however, a copy of that report may be used for this purpose.

(l) Die Setting and Work setup.

(1) Die Setting on presses used in the PSDI mode shall be performed in accordance with sections 4197 and 4208.1.

(2) The PSDI mode shall not be used for die setting or set-up. An alternative manual cycle initiation and control means shall be supplied for use in die setting which meets the requirements of section 4193.

(3) Following a die change, the safety distance, the proper application of supplemental safeguarding, and the slide counterbalance adjustment (if the press is equipped with a counterbalance) shall be checked and maintained by authorized persons whose qualifications include knowledge of the safety distance, supplemental safeguarding requirements, and the manufacturer's specifications for counterbalance adjustment. Adjustment of the location of the PSDI presence sensing device shall require use of a special tool available only to the authorized persons.

(m) Operator Training.

(1) The operator training required by section 4203 shall be provided to the employee before the employee initially operates the press and as needed to maintain competence, but not less than annually thereafter. It shall include instructions relative to the following items for presses used in the PSDI:

(A) The manufacturer's recommended test procedures for checking operation of the presence sensing device. This shall include the use of the test rod required by section 4208.1(j)(l).

(B) The safety distance required.

(D) The requirements for hand tools that may be used in the PSDI mode.

(E) The severe consequences that can result if he/she attempts to circumvent or by-pass any of the safeguard or operating functions of the PSDI system.

(2) The employer shall certify that employees have been trained by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed. The certification record shall be prepared at the completion of training and shall be maintained on file for the duration of the employee's employment. The certification record shall be made available upon request to the Division.

NOTE

Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 4-20-90; operative 5-20-90 (Register 90, No. 20).

Appendix A.

Requirements for Certification/Validation of Safety Systems for Presence Sensing Device Initiation of Mechanical Power Presses

Purpose

General

Summary

A. Design Certification/Validation.

1. The major parts, components and subsystems used shall be defined by part number or serial number, as appropriate, and by manufacturer to establish the configuration of the system.

2. The identified parts, components and subsystems shall be certified by the manufacturer to be able to withstand the functional and operational environments of the PSDI safety system.

3. The total system design shall be certified by the manufacturer as complying with the applicable requirements in sections 4192 through 4211 and this Appendix A.

4. The third-party validation organization shall validate the manufacturer's certification under paragraphs 2 and 3.

B. Installation Certification/Validation.

C. Recertification/Revalidation.

Note: Such changes in operational conditions as die changes or press relocations not involving disassembly or revision to the safety system would not require recertification/revalidation.)

Certification/Validation Requirements

A. General Design Certification/Validation Requirements

1. Certification/Validation Program Requirements. The manufacturer shall certify and the Division-recognized third-party validation organization shall validate that:

a. The design of components, subsystems, software and assemblies meets applicable performance requirements and are ready for the intended use; and

b. The performance of combined subsystems meets applicable operational requirements.

(1) No single failure points may cause injury; or

(1) Environmental Limits

(a) Temperature

(b) Relative humidity

(d) Fluid compatibility with other materials

(2) Design Limits

(a) Power Requirements

(b) Power transient tolerances

(d) Material stress tolerances and limits

(e) Stability to long term power fluctuations

(f) Sensitivity to signal acquisition

(g) Repeatability of measured parameter without inadvertent initiation of a press stroke

(h) Operational life of components in cycles, hours, or both

(i) Electromagnetic tolerance to:

1. Specific operational wave lengths; and

2. Externally generated wave lengths

3. New Design Certification/Validation. Design certification/validation for a new safety system, i.e., a new design or new integration of specifically identified components and subsystems, would entail a single certification/validation which would be applicable to all identical safety systems. It would not be necessary to repeat the tests on individual safety systems of the same manufacture or design. Nor would it be necessary to repeat these tests in the case of modifications where determined by the manufacturer and validated by the third-party validation organization to be equivalent by similarity analysis. Minor modifications not affecting the safety of the system may be made by the manufacturer without revalidation.